• TABLE OF CONTENTS
HIDE
 Title Page
 Members of the House of Repres...
 January 1982
 February 1982
 March 1982
 Index














Group Title: Journal of the Florida House of Representatives.
Title: Journal of the House of Representatives of the session of ..
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00027772/00084
 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: Florida. Legislature. House of Representatives.
State Printer
Place of Publication: Tallahassee, Fla
Publication Date: January-March 1982
Copyright Date: 1956
 Subjects
Subject: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
 Notes
Additional Physical Form: Electronic reproduction of copy from George A. Smathers Libraries, University of Florida also available.
General Note: Title varies slightly.
General Note: Description based on: 1907.
 Record Information
Bibliographic ID: UF00027772
Volume ID: VID00084
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 12895215
alephbibnum - 003417935
oclc - 12901236
lccn - sn 85065608
 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
    January 1982
        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
        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
        Page 38
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
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        Page 139
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        Page 142
        Page 143
    February 1982
        Page 144
        Page 145
        Page 146
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    March 1982
        Page 359
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Full Text


Journa
of the



House



of Rep



resentatives



Eighty-fourth



Regular



Session



since Statehood in



1845



JANUARY 18 through MARCH 25,



1982



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



I










MEMBERS OF THE HOUSE OF REPRESENTATIVES
[Democrats in Roman (80); Republicans in Italic (40)]
District



District



Part
1
2
3



of Escambia
Grover C. Robinson, III, Pensacola
Thomas R. "Tom" Patterson, Pensacola
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 of Duval
16 Arnett E. Girardeau, D.D.S., Jacksonville
17 John Thomas, Jacksonville
18 John W. Lewis, III, 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. "Bill" 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 Tom C. Brown, Port Orange
30 Samuel P. Bell, III, Ormond Beach
31 T. K. Wetherell, Allandale



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 of Orange
38 Bruce McEwan, Orlando
39 Daniel Webster, Orlando
40 Richard "Rich" Crotty, Orlando
41 Fran Carlton, Orlando
42 Thomas B. "Tom" Drage, Jr., Orlando
43 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 of Pinellas
53 Peter M. "Pete" Dunbar, Crystal Beach
54 S. Curtis "Curt" Kiser, Palm Harbor
55 James Harrison "Jim" Smith, Jr., Clearwater
56 Betty Easley, Largo
57 Dennis L. Jones, D.C., Treasure Island
58 George F. Hieber, II, St. Petersburg
59 Robert E. "Bob" Melby, O.D., St. Petersburg
60 T. M. "Tom" Woodruff, St. Petersburg
61 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 of Hillsborough
66 H. Lee Moffitt, Tampa
67 Elvin L. Martinez, Tampa
68 Richard S. "Dick" Hodes, M.D., Tampa
69 George H. Sheldon, Tampa
70 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

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



District
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 of Dade
98 Elaine Gordon, North Miami
99 Barry Kutun, Miami Beach
100 Virginia L. Rosen, North Miami
101 Harold W. "Hal" Spaet, Miami Beach
102 Michael Friedman, Miami Beach
103 Ronald A. "Ron" Silver, North Miami Beach
104 William Ray Hodges, Hialeah
105 Joe Lang Kershaw, Miami
106 Carrie P. Meek, Miami
107 A. M. "Tony" Fontana, Miami Lakes
(Resigned January 26, 1982)
107 Roberto Casas, Hialeah
(Elected January 26, 1982 to succeed
Rep. Fontana)
108 Robert R. "Bob" Reynolds, Miami Lakes
109 Joseph M. "Joe" Gersten, South Miami
(Resigned)
109 John F. Cosgrove, Coral Gables
(Elected November 3, 1981 to succeed
Rep. Gersten)
110 Roberta Fox, Miami
111 C. Thomas "Tom" Gallagher, III, Coconut Grove
112 Lawrence H. "Larry" Plummer, Coconut Grove
113 William E. "Bill" Sadowski, Miami
114 John "Gus" Plummer, Miami
115 James K. "Jim" Brodie, Miami
116 Dexter W. Lehtinen, Perrine
117 Scott W. McPherson, Miami
118 Charles A. "Charlie" Hall, Miami
119 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.



Clerk--Allen Morris



Sergeant at Arms-Wayne Westmark



Speaker pro tempore--Barry- Kutun

















"Wig e Jou nalOF THE


souse of leprese ta tives



Number 1



Monday, January 18, 1982



Journal of the House of Representatives for the 84th Regular Session since Statehood in 1845, begun and
held at the Capitol in the City of Tallahassee in the State of Florida, on Monday, January 18, 1982, being the
day fixed by Chapter 81-110, Laws of Florida.



The House was called to order by the Speaker at 10:00 a.m.
The following Members were recorded present:



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.
McPherson, T.
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
Rosen
Sadowski
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



House Physicians
The Speaker introduced Dr. George S. Palmer of Tallahassee
and Dr. Bill Gray of San Francisco, California, who were serving
in the Clinic today.

The Journal
The Journal of June 16, 1981 Special Session was approved as
corrected.

Resignation of Rep. Gersten and Election of Rep. Cosgrove
The Secretary of State notified the Clerk that Rep. John F.
Cosgrove had been elected on November 3, 1981, as a Member
from the 109th District succeeding Rep. Joseph M. Gersten who
resigned. Rep. Cosgrove was administered the oath of office on
November 30 by Dr. Allen Morris, Clerk of the House. The
Speaker and Members welcomed Rep. Cosgrove to the House of
Representatives.

Committee Assignment
The Speaker assigned Rep. Cosgrove to the Committees on
Community Affairs; Education, Higher; and Health Care Cost
Containment & Planning, Select.

Committee to the Senate
On motion by Rep. Bell, the Speaker appointed Representatives
Thompson, Crawford. and Richmond as a committee to notify
the Senate that the House was convened and ready to transact
business. The committee was excused to perform its assign-
ment.



A quorum was present.
Committee to the Governor



Prayer
Prayer was offered by the Reverend Roger B. Moore, United
Methodist Church of Crawfordville.

Pledge
The Members pledged allegiance to the Flag led by the
following representatives of veterans' organizations: State Com-
mander Robert W. Sowerby, American Legion; State Legislative
Committee Chairman Vance Watson, Veterans of Foreign Wars;
State Commander Robert Manfre, 2nd Jr. Vice Chairman Carl
W. Shoudel and Past State Department Commander Lester
Pittman, Disabled American Veterans; Legislative Committee
Chairman Bob Clark, AMVETS; Past National Commander
Irving Steinberg, Jewish War Veterans; N. W. District Vice
Commandant H. B. Peterson, Marine Corps League; State Com-
mander Sam Logue, Military Order of the Purple Heart; Alan
Logan, Paralyzed Veterans Association of Tampa Bay and
Florida; Legislative Chairman Dave Mount, Central Florida PVA;
Legislative Chairman W. E. "Bill" Byerts, Florida Council of
Retired Officers Association; Legislative Committee Chairman
Tracy Graff. S. E. Regional Fleet Reserve Association; and
Major Richard A. Yoder, Reserve Officers Association.
1



On motion by Rep. Bell, the Speaker appointed Representa-
tives Fontana, Hodes, and Kiser as a committee to notify the
Governor that the House was convened and ready to transact
business. The committee was excused to perform its assign-
ment.

Communications
Governor D. Robert Graham advised that he desired to address
the Legislature in Joint Session at 11:00 a.m. today.
The following communication was received:

Supreme Court of Florida

No. 61,524
IN RE: CERTIFICATE OF JUDICIAL
MANPOWER FOR DISTRICT COURTS
OF APPEAL. CIRCUIT COURTS AND
COUNTY COURTS. AS REQUIRED
BY ARTICLE V. SECTION 9, FLOR-
IDA CONSTITUTION.



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



_ __













December 23, 1981
PER CURIAM.
In accordance with the constitutional responsibility of this
Court to review and certify to the Legislature the need for
additional judgeships as provided in Article V, Section 9 of
the Florida Constitution, and for the reasons set forth below,
this Court certifies the need for the following new judicial
positions, effective July 1, 1982, for the continued, effective
operation of the courts of this State.
District Circuit County
Court Court Court



Second Appellate District
First Judicial Circuit
Fifth Judicial Circuit
Sixth Judicial Circuit
Seventh Judicial Circuit
Ninth Judicial Circuit
Twelfth Judicial Circuit
Thirteenth Judicial Circuit
Fifteenth Judicial Circuit
Sixteenth Judicial Circuit
Seventeenth Judicial Circuit
Twentieth Judicial Circuit
TOTALS



1



1
1
1
1

1
2
1



1 (Volusia)
1 (Sarasota)
1 (Hillsborough)

2 (Broward)



1 9 5



On March 13, 1981, this Court issued its certification deci-
sion in Case No. 60,359 which addressed the needs of the
Judiciary for Fiscal Year 1981-82 and, also, identified certain
needs which it then felt would exist during Fiscal Year 1982-
83. Of the circuit judgeships now being certified, five were
previously certified for Fiscal Year 1982-83 and one was cer-
tified for Fiscal Year 1981-82 which was not authorized by
the Legislature. Regarding the new county court judgeships,
all five judgeships which are now being certified were pre-
viously certified for Fiscal Year 1981-82, but were not author-
ized by the Legislature. Thus, of the new judgeships now being
certified, only four represent needs which were not previously
identified for the 1981-83 biennium.
The certification process began in September, 1981 when
the State Courts Administrator provided caseload and popu-
lation statistics to the Chief Judges in each District Court of
Appeal as well as each of the State's twenty Judicial Circuits.
Requests were submitted by the Chief Judges to the Chief
Justice in October. These requests included three additional
judgeships for the District Courts of Appeal, twenty-four addi-
tional judgeships for the Circuit Courts and eleven additional
judgeships for the County Courts. During November, the Chief
Justice and State Courts Administrator traveled primarily to
those areas which had not previously submitted requests for
additional judgeships. Participating in these meetings were
representatives from the offices of various state attorneys,
public defenders, county commissions, local Bar representatives,
and legislative members and staff. The several criteria used
by the Court in this process and identified in our March, 1981
certification decision, were again utilized.

FINDINGS
DISTRICT COURTS OF APPEAL
Second Appellate District. The Second District currently
has nine judges. The need for an additional judge during Fis-
cal Year 1982-83 is certified.
Some of the factors upon which this certification is based
are that the Second District continues to have the highest
total population as well as the highest population per judge
of any Appellate District. In addition, case filings are now ex-
ceeding dispositions, resulting in a growing case inventory.

CIRCUIT AND COUNTY COURTS
First Judicial Circuit (Escambia, Santa Rosa, Okaloosa, and
Walton Counties). There are currently fourteen circuit judges
in the First Circuit. Our most recent certification decision
indicated the likelihood that additional judicial manpower would
be required in this circuit before the expiration of the biennium.
Furthermore, we indicated that a criteria which would be
important in the Court's consideration of an additional judge
for Fiscal Year 1982-83 would be the continued heavy usage
of retired judges during Fiscal Year 1981-82. In fact, the
First Circuit has continued to rely very heavily on retired
judges in order to assist with their caseload. There has been



January 18, 1982



a 31% increase in filings between 1979 and 1981 and it has
now been five years since a circuit judgeship was approved for
the First Circuit. For these reasons, the need for one addi-
tional circuit judgeship is certified.
Fifth Judicial Circuit (Marion, Lake, Sumter, Hernando, and
Citrus Counties). The Fifth Circuit currently has nine circuit
judgeships. The need for one additional circuit judgeship is
certified based upon the very high filing per judge ratio which
exists in the circuit, the 32% increase in filings between 1979
and 1981, a very high rate of growth of population in the
circuit, the existence of numerous state facilities within the
circuit, and the very large geographic size of the circuit. In
addition, four of the seven county court judges in the Fifth
Circuit are non-lawyers who cannot assist with the duties of
the circuit bench. The Fifth Circuit made no request last year,
hence, this need was not earlier identified by the Court.
Sixth Judicial Circuit (Pinellas and Pasco Counties). The
Sixth Circuit currently has twenty-seven circuit judgeships,
and the need for one additional circuit judgeship is certified.
This judgeship was certified for the second year of the bien-
nium in our March, 1981 certification decision. We have looked
again at the factors which went into our previous determination
of need for the Sixth Circuit, and find that this need continues
to exist.
Seventh Judicial Circuit (St. Johns, Flagler, Putnam, and
Volusia Counties). Volusia County currently has five county
court judgeships, and one additional county court judgeship is
certified. This particular county court judgeship was certified
previously, but was not authorized. The very high filing per
judge ratio existing in the county court in Volusia County, as
well as the high population growth and nature of the popula-
tion existing in Volusia County, reconfirms the need for this
additional county court judgeship.
Ninth Judicial Circuit (Orange and Osceola Counties). The
Ninth Circuit has seventeen circuit judgeships, and the need
for an additional circuit judgeship is certified. This need was
certified in our March, 1981 decision, but the additional judge-
ship was not authorized by the Legislature. The Court has again
reviewed the criteria upon which the determination of need
was made previously, and finds that the need continues to
exist. The very high population growth and nature of the
population existing in the Ninth Circuit, the high number of
attorneys in the area, and the continued rapid development
in the area indicate that this need for an additional judgeship
continues to exist.
Twelfth Judicial Circuit (Manatee, DeSoto, and Sarasota
Counties). Sarasota County currently has three county court
judgeships, and the need for an additional county court judge-
ship is certified. This need was certified previously, but the
additional judgeship was not authorized by the Legislature.
The Court has reviewed the criteria which it considered in its
March, 1981 decision, and based upon those criteria as well as
updated statistics finds that this need continues to exist.
Thirteenth Judicial Circuit (Hillsborough County). Hills-
borough County currently has nine county court judgeships,
and the need for one additional county court judgeship is cer-
tified. This Court has previously certified the need for two
additional county court judgeships, but an additional circuit
judgeship was approved by the Legislature in 1981 in lieu of
the county court judgeships certified. There have been no
county court judgeships authorized since 1973. Hillsborough
County continues to have a high filing per judge ratio, and a
very high population per county court judge compared with
other counties in the State.
Fifteenth Judicial Circuit (Palm Beach County). The Fif-
teenth Circuit currently has nineteen circuit judgeships, and
the need for one additional circuit judgeship is certified. This
need was previously certified for the second year of the bien-
nium. This Court has reviewed the criteria upon which this
certification was based and finds that the need continues to
exist. Total filings have increased 33% in the circuit since
1979, and there is a 51% projected population increase between
1975 and 1985. The Fifteenth Circuit ranks second in the State
in the combined factors of filings, attorneys and population
per judge. These factors confirm the continued need for an
additional circuit judgeship.



Sixteenth Judicial Circuit (Monroe County). The Sixteenth
Circuit has three circuit judgeships, and the need for one addi-
tional circuit judgeship is certified. The Sixteenth Circuit made
no request last year, hence, this need was not earlier identi-
fied by the Court. While the filing per judge ratio is low in



2



JOURNAL OF THE HOUSE OF REPRESENTATIVES











JOURNAL OF THE HOUSE OF REPRESENTATIVES



the Sixteenth Circuit, a number of other factors must be con-
sidered in this determination of need. The Sixteenth Circuit
currently has the fewest number of circuit judgeships in the
State. No additional circuit judgeship has been authorized since
1975. While population growth has been small, the nature of
the population existing in the Sixteenth Circuit, as well as
the considerable amount of travel time required for the three
current judges, are the primary factors considered in this
determination of need. The circuit judges regularly are required
to travel between Key West and Marathon, a distance of 48
miles, and Key West and Plantation Key, a distance of 88
miles, using a two-lane highway which makes such travel very
difficult and time-consuming. The additional judgeship would
allow one judge to sit in the Middle or Upper Keys and handle
the growing caseload originating from those areas and, thus,
lessen the amount of travel which must be done by the other
circuit judges. Furthermore, the placement of a judge in the
Middle or Upper Keys will greatly expand the access of liti-
gants in that area to the court, especially in connection with
hearing emergency matters.
Seventeenth Judicial Circuit (Broward County). The Sev-
enteenth Circuit currently has 39 circuit judgeships and 15
county court judgeships. The need for two additional circuit
judgeships, and two additional county court judgeships is
certified. The need for two circuit judgeships in the second
year of the biennium was previously certified. We certified
last year the need for two county court judgeships for Fiscal
Year 1981-82, but none were authorized. While the Seven-
teenth Circuit did receive three circuit judgeships last year,
one more than was certified, this Court feels that a 31% in-
crease in circuit court filings between 1979 and 1981, the very
high rate of growth in the population, as well as the nature
of that population, and the extensive use of retired judges
indicate the continued need for additional circuit judgeships
in the Seventeenth Circuit. Broward County ranks highest in
the State in county court filings per judge ratio, and this
Court concludes that the previously certified need for addi-
tional county court judges continues to exist.
Twentieth Judicial Circuit (Collier, Hendry, Glades, Char-
lotte, and Lee Counties). The Twentieth Circuit currently has
nine circuit judgeships, and the need for one additional circuit
judgeship is certified. This need was recognized in our previous
certification decision, and based upon the continued high ratio
of filings per judge, and the 68.9% projected population in-
crease between 1975 and 1985, as well as the fact that three
of the nine county court judges in the Twentieth Circuit are
non-lawyers, the continued need for this additional judgeship
is confirmed.

CERTIFICATION
Therefore, in accordance with Article V, Section 9, Florida
Constitution, we certify the need for the additional District,
Circuit and County Court judgeships indicated above. This
Court certifies that these judicial officers are necessary and
we recommend that they be made permanent by law and funded
by the State.
SUNDBERG, C. J., ADKINS, BOYD, OVERTON, ALDER-
MAN, McDONALD and EHRLICH, JJ., Concur
Case of Original Jurisdiction

Introduction of House Concurrent Resolution

On motion by Rep. Bell, the rules were waived for the
introduction and consideration of a concurrent resolution.

By Representative Bell-

HCR 1-Org.-A concurrent resolution providing that the House
of Representatives and Senate convene in joint session for the
purpose of receiving a message from the Governor.
WHEREAS, His Excellency, Governor D. Robert Graham, has
expressed a desire to address the Legislature in Joint Session;
NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:



That the House of Representatives and the Senate convene
in Joint Session in the chamber of the House of Representatives



at 10:50 a.m. this day, January 18, 1982, for the purpose of
receiving the message of the Governor.
-was read the first time by title. On motions by Rep. Bell,
the rules were waived and the concurrent resolution was read the
second time in full, adopted and under the rule immediately
certified to the Senate.

Reports of the Committee on Rules & Calendar

The Honorable Ralph H. Haben, Jr. January 13, 1982
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar respectfully submits
the following procedure for the reapportionment bills:
To be accepted for consideration, floor amendments to the
reapportionment bills must be submitted to the Select Com-
mittee on Reapportionment not later than 48 hours prior to
consideration by the House and be certified by the Chairman
of the Committee as to:
(1) Mathematical accuracy;
(2) Degree of deviation from zero among affected districts;
(3) Contiguity; and
(4) Inclusiveness.
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
Samuel P. Bell, III, Chairman
On motion by Rep. Bell, the above report was adopted.



The Honorable Ralph H. Haben, Jr.
Speaker, House of Representatives
Sir:



January 13, 1982



Your Committee on Rules & Calendar respectfully submits the
following Standing Order for procedures for Claim Bills:
1. All claim bills referred to the House Committee on
Judiciary shall be assigned to a House Special Master on
Claims, who shall conduct a hearing in accordance with
the Rules of the House of Representatives.
2. The Special Master shall provide notice of hearing at
least ten (10) days prior to hearing the claim bill.
3. Discovery procedures shall be governed by the Florida
Rules of Civil Procedure.
4. The Special Master shall administer an oath to all wit-
nesses, and shall preserve a recording of the proceedings.
A party requesting transcription of the Special Master's
hearing shall bear the costs thereof; however, such re-
cording shall not be transcribed for distribution to the
committee members except upon order of the Chairman
of the Committee on Judiciary.
5. The Special Master shall prepare a final report, setting
forth findings of fact, conclusions of law, any collateral
sources of recovery, and the Special Master's recom-
mendations based thereon, including a reasonable claim-
ant's attorney's fee, if appropriate.
6. The final report of the Special Master shall be sub-
mitted to the Committee on Judiciary.
7 Any objections to the Special Master's final report shall
be submitted in writing to the Committee on Judiciary
prior to the committee hearing.
8. At the committee hearing the parties or their attorneys
may present summaries and argument; however, no ad-
ditional testimony or other evidence will be considered,
and stipulations entered into by the parties will not be
binding on the committee.



3



January 18, 1982











4 JOURNAL OF THE HOUSE

9. The claimant, if represented by counsel, shall furnish
the committee with a verified statement of his fee
arrangement including the actual costs of perfecting the
claim.
10. No Motion for Continuance of a committee hearing on a
claim bill due to absence of counsel for either party will
be entertained.
11. Any claim currently in litigation shall be postponed for
hearing until such time as all other legal remedies have
been exhausted, including any appellate proceedings.
12. Upon hearing, the Committee on Judiciary shall report
a claim bill in the same manner as any other bill.
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
Samuel P. Bell, III, Chairman
On motion by Rep. Bell, the above report was adopted.

On motion by Rep. Bell, the rules were waived and the Com-
mittee on Rules & Calendar was given permission to meet
immediately upon adjournment today for the purpose of setting
the Special Order Calendar. On further motion by Rep. Bell,
Rule 7.2, relating to form of bills for introduction, was waived
to allow HB 607, the insurance code bill, to be filed for introduc-
tion in a smaller print size, due to its volume.

Presentation of Guest
The Speaker presented the Honorable George L. Boyce, mem-
ber of the House of Representatives from Maine.

Committee from the Senate
A committee from the Senate consisting of Senators Barron,
Gersten, Jennings, Langley, and Margolis appeared at the well
and announced that the senate was convened and ready to
transact business.

Presentation of St. Petersburg Times Award
On motion by Rep. Kutun, the rules were waived and the
Speaker appointed Representatives Kutun, Moffitt, and Morgan
as a committee to escort Mr. Sanford H. Stiles of the St.
Petersburg Times to the rostrum.
Mr. Stiles noted the St. Petersburg Times Award, presented
today for the 24th time, was a salute to a special group of
men who, through their vision and leadership, have won re-
cognition from journalists covering legislative proceedings. He
lauded Rep. Haben for his exemplary leadership as Speaker;
for his conservative nature, his concern for all Floridians by
being a strong advocate of the Oversight Program, and success-
ful curtailment of the number of bills each Member could
introduce. The Speaker pro tempore, on behalf of the St. Peters-
burg Times and other journalists who participated in the poll,
presented a plaque to Rep. Haben symbolizing his selection as
the "Most Valuable Member" of the 1981 House. Rep. Haben
expressed his appreciation.

Message from the Senate
The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has adopted HCR 1-Org.
Joe Brown, Secretary
The concurrent resolution was ordered enrolled.

Recessed
At 10:43 a.m., the House stood in informal recess until 10:50
a.m. to await the Joint Session.



Reconvened
The House was called to order by the Speaker at 10:50
a.m. A quorum was present.



E



Leaders, citizens of Florida, and friends. It is my understand-
ing that the nettles which we provided to the chambers have
been distributed. I can sense an atmosphere of preparation for
restrained creativity. Applying this willingness to grasp the



OF REPRESENTATIVES January 18, 1982

JOINT SESSION
Pursuant to HCR 1-Org., the members of the Senate, escorted
by the Assistant Sergeant at Arms of the Senate and the
Sergeant at Arms of the House, were seated in the Chamber.
The President and President pro tempore joined the Speaker
and Speaker pro tempore at the rostrum. The Secretary joined
the Clerk at the front desk.

Arrival of Lieutenant Governor and Cabinet
The Honorable Wayne Mixson, Lieutenant Governor; the Hon-
orable George Firestone, Secretary of State; the Honorable
Jim Smith, Attorney General; the Honorable Gerald A. Lewis,
Comptroller; the Honorable Bill Gunter, Treasurer; the Hon-
orable Doyle E. Conner, Commissioner of Agriculture; and
the Honorable Ralph D. Turlington, Commissioner of Educa-
tion, constituting the Cabinet of Florida, were escorted into
the Chamber by the Sergeant at Arms of the House and
seated.

Arrival of Supreme Court
Chief Justice Alan C. Sundberg; Justice James C. Adkins;
Justice Joseph A. Boyd, Jr.; Justice Ben F. Overton; Justice
James E. Alderman; Justice Parker Lee McDonald; and Justice
Raymond Ehrlich, constituting the Supreme Court of Florida,
were escorted into the Chamber by the Assistant Sergeant at
Arms of the Senate and seated.

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

The Speaker presented the gavel to the President of the
Senate, asking him to preside over the Joint Session.

THE PRESIDENT OF THE SENATE PRESIDING

A quorum of the Joint Session was declared present.

Prayer
Prayer was offered by the Reverend Roger B. Moore, United
Methodist Church of Crawfordville.

Pledge
The Joint Session pledged allegiance to the Flag, led by
the President.

Committee to the Governor
On motion by Rep. Bell, the President appointed Senators
Barron, Skinner, and Scott, and on behalf of the Speaker,
appointed Representatives Moffitt, Easley, and Pajcic, as a
joint committee to notify the Governor that the Legislature
had assembled to receive his message. The committee retired
to execute its responsibility and returned escorting His Ex-
cellency, Governor D. Robert Graham.

Presentation of Guests
The President presented Mrs. Adele Graham, wife of the
Governor; Mrs. Margie Mixson, wife of the Lieutenant Gov-
ernor; Mrs. Jonnie Haben, mother of the Speaker; spouses of
Members of the House; Mrs. Ruth Childers, his wife; and
spouses of Senators, all of whom were seated in the gallery,
and Congressman E. Clay Shaw, Jr., of the 12th Congressional
District, who was seated in the Chamber.

Governor's Address

The President presented Governor Graham who addressed the
Joint Session as follows:











JOURNAL OF THE HOUSE OF REPRESENTATIVES



nettle and to apply our innovation in a way in the best interest
of our people, we have worked together for many achievements
for Florida. Our work shows progress in this 137th year of
Florida's statehood. We are proud of the people who made this
possible, the millions of people for whom Florida is home.
-Florida's newly-armed law enforcement system is beginning
to arrest, prosecute, and confine criminals with more vigor,
efficiency, and justice. We are proud of this accomplishment.
-The nation's recession has wrought hardship on many
Floridians, but the state's economy this year-in contrast to
the 1974 recession-is more productive than that of the nation
as a whole and Floridians are proud of that achievement.
-Florida's public school system is progressing toward the
excellence we seek, with students scoring higher on basic skills
and scholastic aptitude tests. We are proud of our children
and teachers.
-Even though federal action on immigration continues to
be deficient, our call for enforcement of federal laws has
brought the flow of refugees to a virtual halt. It is the federal
government's obligation to relieve the people of this burden.
But much work remains before us.
This is a time of responsibility:
-A year in this decade which calls for reapportionment of
legislative and congressional representation;
-A season in Florida's history when we cannot ignore en-
during challenges-education, human services, transportation,
conservation;
-An urgent moment when people are demanding limits on
state government spending and communities safe from crime.
This year each of you will decide how the Senate, House and
congressional seats will be apportioned during the next decade.
For too long, elderly, black and Hispanic voters have been
denied political equality in this legislature.
Single-member districts, endorsed overwhelmingly in 21 public
hearings throughout the state, will bring a greater measure of
political equality.
Single-member districts, now enacted by legislatures in a
majority of states, will best serve the voters of Florida.
I urge you to adopt single-member districts and provide
Floridians with an even more responsive state government.
This time of responsibility also focuses our attention on the
insurance code.
Florida took a leadership role in no-fault automobile in-
surance, workers' compensation reform, and other insurance
measures in the 1970's. I urge that these gains not be eroded
in 1982. And I pledge to work with you and the Insurance Com-
missioner to continue our progress.
A third issue before you which carries an immediate deadline
is the Equal Rights Amendment.
I urge Florida to join the other 35 states that have ratified
the Equal Rights Amendment.
This is perhaps the last opportunity for Floridians of our
generation to affirm the great American tradition of equality.
We cannot ignore, however, the lasting responsibilities of
state government: To improve education; to offer the most



vital human services; to provide a safe and efficient trans-
portation network; and to protect the environment we cherish.



Education
State government's support for education is our fundamental
obligation to the future.
I ask you today to join with me and the State Board of
Education in declaring that Florida's schools will rank in the
top quarter of the states by 1985.
We are moving forward in that direction.
We have reduced the class size for our youngest students
by almost twenty percent. When construction now underway
is completed, we will have eliminated more than twenty double-
session schools.
And last year, the University of Florida and Florida State
University were among the top twenty universities nationally
in numbers of National Merit Scholars.
We must do more to provide the best education for our
students. This is why I am urging you to substantially increase
funding for education, particularly for our youngest students,
and to increase the state's share of public school costs.

With your concurrence, we will also enable local school boards
to increase the average teacher's salary to nearly $19,000. This
is a very small price to pay for the education of our children
and clear evidence of our commitment to the future of this
state.

Human Services

In the face of dramatic federal budget cuts for human
services, Florida state government is having to learn what the
people already know-government cannot afford to be all things
to all people.

But we should do as much as we can to aid the elderly who
brought us into the world and those infants who are physically
impaired as they emerge into this world. It is also our responsi-
bility to aid those who are especially vulnerable to the nation's
economic trouble.

We have made progress in the past three years.

In 1979, you provided funds to begin our community care
for the elderly program, bringing these services to more than
5,000 Floridians-who are often alone, with needs that would
otherwise force them into nursing homes.

You have the opportunity this year to further expand this
program to more than 20,000 Floridians in all 67 counties.

I also urge you to adopt our recommendations to increase
services to those delicate newborns needing care in the state's
nine perinatal centers.

And we must be sensitive to families with no means of
support. For that reason, I ask you to increase the payment
level and establish a new standard of need to aid families with
dependent children.

Transportation

To continue our progress in transportation, I have recom-
mended the state's first billion dollar transportation program
for 1982-83.

We have made progress in completing much of the road work



so important to motorists and the economic well-being of the
state.



January 18, 1982











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Since 1979, 110 miles of interstate have been opened, and
more than $800 million has been appropriated for additional
interstate construction.
In the past three years, the Department of Transportation
has resurfaced 1,980 lane miles of highway-equal to re-
surfacing a four-lane highway from Tallahassee to Miami.

Conservation
Last year, you agreed to save our rivers.
Now we must save our coasts.
Florida's threatened beaches need our protection.
If time waits for no man, the developers of our beaches are
even more impatient.
I urge you to approve $7 million from the Land Acquisition
Trust Fund so that the state can finance a $200 million bond
issue and begin to save our coasts.
To further protect our beaches, I also urge you to enact
legislation which:
-Strengthens the coastal construction control line;
-Enhances coastal planning by local governments;
-Increases hazard prevention in storm-prone coastal areas;
and
-Provides for selective eminent domain powers.
There are further demands that were created not by statute,
nor need for reapportionment, nor congressional deadline. These
are demands issued by the people.

Limiting State Government Spending
Throughout this state, citizens are cutting back on their
personal expenditures because they have no choice.
Nor do we.
Government has no excuse but to wrench itself from the
time-worn grooves of past practice.
1982 cannot be a year in which previous spending patterns
are continued forward undisturbed.
This year must be a time for prudent retrenchment so that
maximum commitments can be made to those services most
important to our people.

The amended budget I have recommended reduces spending
in almost one-half of the state agencies below 1981-82 levels.

This amended budget limits the number of full-time state
employees to less than one percent of the state population.

The amended budget clearly states our priorities:
-Law enforcement increased by $112 million
-Education increased by $271 million
-Economic development increased by $7.8 million
-Transportation increased by $204 million
-Environmental protection increased by $14.8 million
-Community care for the elderly increased by $6.3 million



And this amended budget calls for no new taxes to finance
state government.



Are we to say that one more year will not matter? That,
somehow, it will be easier to set the priorities for spending
14 months from now? That the belt-tightening will be less
unpleasant?
I tell you that if this year is the wrong year, then no year
will be the right year.
Yes, Florida has sustained its economic vigor despite the
national recession.
In the past three years, through our efforts, new and ex-
panded industries have announced the creation of 102,000 more
jobs for Floridians. In fact, in 1980, one out of every four
net new jobs created in the nation was created in Florida. With
your support we will continue our progress.
But, no, we are not immune from economic turmoil which
buffets the nation.
We were forced in December to reduce government expendi-
tures for this fiscal year. We have a warning that we have
not seen the conclusion of the nation's recession:
-Revenue collections during the past three months are $29
million below the estimates we made in October.
I realize that the limits upon the budget will force all of us
to make difficult decisions on state services.
But to do otherwise would be irresponsible.
We have a covenant of fiscal accountability with the tax-
payers of this state.
It must not be breached.
Law Enforcement
Over the past several years there has emerged a dramatic
increase in violent crimes throughout America.
In Florida we are acting to drive these robbers, muggers,
and rapists from our streets.
But the people are demanding that we do more and that we
do it now.
We have tangible proof of our progress, working together
during the past three years:
-By increasing the number of Florida Department of Law
Enforcement special agents over the past three years, you have
increased its arrests in major cases by 73 percent.
-In 1981, prosecutors in Florida filed charges in 54 percent
more criminal cases than in 1978 and increased filings in juve-
nile cases by 57 percent. This is three times as great as the
increases in arrests over the same period.
-While you have increased the number of judges in the
circuit courts by 12 percent, the number of criminal trials have
increased by 21 percent-evidence that our courts are both
better equipped to handle serious criminals and are doing so
more efficiently.

Still, I am not satisfied with the progress that has been
made. Nor are you. Nor are the people of Florida. None of us
will be satisfied until the job is done.

So I ask you today to approve a $112 million increase to
enable Florida to better catch criminals, charge them, try them
and put them in jail where they belong.



If you agree, we will enable the 20 state attorneys in
Florida-14 of whom have adopted policies to reduce plea



January 18, 1982











JOURNAL OF THE HOUSE OF REPRESENTATIVES



bargaining-to increase their staffs by 350, so that these
negotiated pleas will occur only when it is in the public interest.
We will be able to imprison securely an additional 1,920
inmates in the state's prison system. Florida must never be
forced into releasing criminals from confinement because there
is no space in which to imprison them.
Still, there is a compelling need for local law enforcement
support-for more police in our neighborhoods.
The people are demanding that we help local governments
combat crime.
The people are demanding that crimes be prevented.
The people are demanding that criminals be apprehended
and confined, not just sought and detained.
The people are demanding more police.
Are we to say that those of us in this Capitol know better
than local elected officials what services they should provide?
Are we in this Chamber prepared to deny local governments
vital crime fighting services when local governments are ready,
willing and able to get the job done?
It is law enforcement agencies in those cities and counties
that are in the trenches in our battle against crime.
Yet citizens in almost one-half of the state's 84 largest
jurisdictions have less police protection than they had in 1978.
Therefore, I am proposing today that you give local govern-
ments the option of a new source of revenue. For those com-
munities in Florida experiencing major crime problems, this
will be a tax against crime.
I propose that this new source of revenue be a one-half cent
optional increase in the sales tax.
The revenues should be kept in the county of collection,
shared equitably by the county and the municipalities.
A portion of this revenue should be available for county jail
operations, freeing local money now spent on jails for more
police on the streets.
This new revenue source meets the needs of those Florida
cities and counties that are among the most crime plagued
in the nation; it meets the needs of those communities which
are struggling to provide other fundamental public services;
it allows property tax relief in many communities.
By giving local governments the option of enacting this pro-
gram, we are allowing local communities to determine if the
money is needed.
Don't the citizens deserve an alternative to property tax
increases?
Don't the people who are rising up all over Florida to re-
store law and order to their communities deserve to have the
resources to win the war against crime?
Your willingness to commit adequate resources is funda-
mental to reducing crime.
We need these resources, but we need more.
Four of Florida's criminal provisions should be amended
because they are now more permissive than those of the federal
government:
Therefore:
--I urge you to allow judges to deny bail to protect com-



munity safety and thwart criminals who will otherwise flee
from justice.



-I urge you to amend our law which excludes evidence of
criminal activity, to make it tougher to eliminate such evidence
from trials for narrow technical reasons.
-I urge you to expand law enforcement officers' use of
electronic devices in apprehending criminals.
-And I urge you to enact a use immunity statute for more
effective investigations and prosecutions within the protection
of rights guaranteed by the United States Constitution.
In each of these areas, Florida law is now more permissive
than the United States Constitution as interpreted by the
United States Supreme Court.
How would you answer the question: Why did you allow
this advantage to the criminal to continue in Florida?
I am also today calling for legislation to bring greater
safety to those who are among the most vulnerable to crime-
the elderly and the handicapped.
There is no aspect of crime that touches me more personally
or causes our citizens more anger than the victimization of
those who especially deserve our respect and veneration.
You should adopt a law which sends this message to would
be muggers, and robbers and worse: Criminals convicted of
a crime against an elderly or handicapped person will be denied
probation or a suspension of sentence.

They will serve time behind bars.

Yes, this time of responsibility proposes challenges for us
in the coming weeks.

Floridians have told me-as they have told you-that there
must be an end to the grim spectre of crime that haunts too
many of our streets.

They have told us that we must be prudent with their taxes.
They have told us that we must responsibly plan for our future
and create the jobs and build the roads that will ensure Florida's
economic well-being.

The people have told us that we must conserve and protect
the state's unique environment, and that we must not ignore
the needs of the poor, the sick and the aged.

The people have told us of the importance of their children's
education.

I know the difficulties of this time of responsibility. I recog-
nize that there will be no quick and easy consensus on all the
issues before us.

I approach our challenges with optimism. I urge you to join
with me. I pledge to work with you.

Following his address, Governor Graham was escorted from
the Chamber by the Committee. The members of the Supreme
Court and the Lieutenant Governor and Cabinet were escorted
from the Chamber by the Sergeants at Arms of the Senate
and House.

On motion by Senator Dunn, the Joint Session was dissolved
at 11:41 a.m. and the Senators were escorted from the Chamber
by the Senate Assistant Sergeant at Arms.

Reconvened

The House was called to order by the Speaker at 11:43 a.m.



A quorum was present.



January 18, 1982











JOURNAL OF THE HOUSE



Dual References of Bills
At the request of the Speaker and on motion by Rep. Bell,
the House consented to the dual referencing of bills made dur-
ing the interim.

The Speaker announced the following schedule for the next
few weeks:
Monday, Tuesday and Thursday-House will meet in session
Wednesday-Reserved for committee meetings
Friday-No session

He further announced that oral reports will be given on
Tuesday and Thursday by the Oversight Committees. Progress
reports on Reapportionment and Insurance will be called for.

Select Committee on Refugee Impact
The Speaker announced the appointment of the Select Com-
mittee on Refugee Impact to assess the impact of refugee entry
into Florida on state and local education, health, law enforce-
ment and other services, and will address the allocation of
funding responsibility among federal, state and local govern-
ments. The Members are: Representative Kutun, Chairman;
Representative Allen, Vice Chairman; Representatives Burnsed,
Gallagher, Hagler, Martinez, Thomas and Weinstock.

Rep. Bell moved that the House stand in recess, upon the
completion of Introduction and Reference and the receiving of
Reports, for the purpose of holding committee meetings and
conducting other House business, to reconvene at 10:22 a.m.
tomorrow. The motion was agreed to.

Introduction and Reference
First Reading by Publication
By Representatives Bankhead, Lehman, W. R. Hodges,
Mitchell, J. H. Smith, R. C. Johnson, Clements, Sample, Crady,
Myers, Nergard, Cox, and Allen-
HB 1-A bill to be entitled An act relating to the designation
of a state animal; creating s. 15.044, Florida Statutes, desig-
nating the polar bear as the official state animal; providing an
effective date.
Referred to the Committee on Agriculture & General Legis-
lation.

By Representatives Boles, G. Hodges, Sheldon, B. L. Johnson,
Hagler, R. C. Johnson, S. McPherson, Messersmith, Myers,
Melby, Spaet, Liberti, Girardeau, Kimmel, Meffert, Upchurch,
Brantley, Nuckolls, Webster, Mitchell, O'Malley, McEwan,
Fontana, Clements, Hollingsworth, Kelly, Burnsed, and L. R.
Hawkins-
HB 2-A bill to be entitled An act relating to the Administra-
tive Procedure Act; creating s. 120.525, Florida Statutes, pro-
viding that the Legislature, through the appropriate committee
in each house, shall review and comment on every proposed rule
as to compliance with the legislative intent in enacting the
statute under which the agency proposes the rule; providing
an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives Boles, Fontana, Clements, Hollingsworth,
Kelly, and L. R. Hawkins--
HJR 3-A joint resolution proposing the creation of Section
19 of Article III of the State Constitution relating to legislative
authority over administrative rules.
Referred to the Committee on Governmental Operations.

By Representative Thomas--



HB 4-A bill to be entitled An act relating to motor fuels;
creating the Equal Rack Pricing Act; prohibiting gasoline or
diesel motor fuel refiners, producers, or distributors from
charging different prices for similar quantities; providing ex-
ceptions; providing a penalty; providing for civil actions and



OF REPRESENTATIVES January 18, 1982

authorizing injunctive relief and certain damages and costs;
providing for judicial determination of exemplary damages;
providing an effective date.
Referred to the Committee on Commerce.

By Representatives Patterson, Boles, Ward, and Hagler-
HB 5-A bill to be entitled An act relating to regulation of
oil and gas resources; amending s. 377.242(1), Florida Statutes,
specifying that certain limitations shall apply to structures,
permit applications, and activities associated with state drilling
leases issued on or after April 26, 1972; providing an effective
date.
Referred to the Committee on Natural Resources.

By Representatives Woodruff, Woodburn, Lehman, Meffert,
Danson, Sample, McEwan, Kelly, Kiser, L. J. Hall, Messersmith,
Nuckolls, Watt, Williams, Evans-Jones, Clements, Ready, Dun-
bar, Grant, S. McPherson, R. C. Johnson, Tygart, Melby, Allen,
Steele, Brantley, Patchett, Burrall, Bankhead, Lippman, J. H.
Smith, Bush, Lehtinen, W. R. Hodges, Boles, Myers, Mitchell,
Drage, Moore, Ewing, Silver, Liberti, Richmond, Crady, Ner-
gard, Deratany, Shackelford, Hollingsworth, Crotty, D. L. Jones,
Brodie, Dyer, Price, Webster, Ward, and Carpenter-
HB 6-A bill to be entitled An act relating to public assist-
ance; adding a new section to chapter 409, Florida Statutes;
providing legislative intent; providing for establishment of a
statewide public assistance workfare project or program to be
implemented only under certain circumstances; providing con-
ditions related to registration of recipients of public assistance,
criteria and procedures under which recipients are to be
assigned to perform certain public work, operation of the work-
fare project or program, determination of hours in accordance
with certain wage rates, and loss of eligibility for public assist-
ance; providing for resolution of state/federal conflicts; pro-
viding for promulgation of rules; providing an appropriation;
providing an effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representatives Lehtinen, Watt, and Kelly-
HB 7-A bill to be entitled An act relating to the district
school system; creating s. 230.105, Florida Statutes, providing
procedures whereby district school boards may adopt and sub-
mit to the electors for approval a nonpartisan method of school
board elections; providing for a return to the existing system
at the district's option; providing for the effect of the act upon
districts with existing nonpartisan election of school board
members; providing for the effect of the act upon existing
board members; providing an effective date.
Referred to the Committee on Education, K-12.

HB 8-Withdrawn

By Representatives Lehtinen, Fontana, J. H. Smith, and
Reynolds-
HJR 9-A joint resolution proposing an amendment to Section
12 of Article I of the State Constitution relating to searches
and seizures.
Referred to the Committee on Criminal Justice.

By Representatives Gordon, Spaet, Pajcic, Hazouri, Evans-
Jones, O'Malley, Gustafson, T. McPherson, Sheldon, Cox,
Fontana, Lippman, Sadowski, Weinstock, C. A. Hall, L. J.
Smith, Reynolds, Bell, Liberti, Young, Fox, Lehman, Girardeau,
Friedman, Mills, Thomas, and Meek-
HCR 10-A concurrent resolution ratifying the proposed
amendment to the Constitution of the United States relating
to equal rights for men and women.
Referred to the Committee on Rules & Calendar.



By Representatives Silver and Fontana-
HB 11-A bill to be entitled An act relating to tax on sales,
use, and other transactions; amending s. 212.08(7)(a) and (c),











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Florida Statutes, exempting from said tax sales to certain
veteran organizations and their auxiliaries; redefining "veteran
organizations"; providing an effective date.
Referred to the Committees on Veterans Affairs, Finance &
Taxation, and Appropriations.

By Representatives Price and Morgan (by request)-
RB 12-A bill to be entitled An act for the relief of Leon
County; providing an appropriation to compensate said county
for costs associated with the trial of Theodore Robert Bundy,
Case No. 78-670 in the Circuit Court of the Second Judicial
Circuit, in and for Leon County; providing an effective date.
Referred to the Committee on Judiciary.

By Representative L. J. Smith-
HB 13-A bill to be entitled An act relating to criminal
prosecutions; creating s. 918.18, Florida Statutes, permitting
the videotaping of the testimony of certain persons who are
witnesses to certain crimes; providing for notice to all parties;
providing definitions, conditions, and procedures; providing an
effective date.
Referred to the Committee on Criminal Justice.

By Representatives L. J. Smith and Lippman-
HB 14-A bill to be entitled An act relating to public lodging
and food service establishments; amending s. 509.221(9), Flor-
ida Statutes, and adding a subsection, to require that certain
persons seeking employment in a public lodging or food service
establishment, public school food service, or nonpublic school
food service be examined for certain diseases prior to initial
employment; providing a penalty; providing an exception; pro-
viding for repeal and review in accordance with the Regulatory
Sunset Act; providing an effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representatives L. J. Smith, A. E. Johnson, and Pajcic-
HB 15-A bill to be entitled An act relating to driving under
the influence of alcohol or controlled substances; amending
s. 316.193(5), Florida Statutes; expanding alcohol education
courses to provide substance abuse education; expanding alcohol
treatment and evaluation to provide substance abuse evaluation
and treatment; defining "substance abuse"; amending s. 322.261,
Florida Statutes; providing that a person operating a motor
vehicle within this state consents to a urine test for the purpose
of detecting the presence of controlled substances; providing
that a chemical breath and urine test may be administered if
a person is arrested for any offense committed while in actual
physical control of a motor vehicle; requiring the administration
of a urine test in a reasonable manner at a detention facility;
authorizing license suspension periods for refusal to submit to
a chemical urine test; providing procedures for the suspension
of the driving privilege for refusal to submit to such a test
or tests; providing that a driver consents to a chemical blood
test when the administration of a chemical breath or urine test
is impractical or impossible; authorizing license suspension
periods for refusal to submit to a chemical blood test; increas-
ing the suspension periods for refusal to submit to a chemical
breath test under certain circumstances; requiring substantial
compliance with approved testing methods for test results to be
valid; providing that a person may request a chemical test of
his urine or blood; authorizing the withdrawal of blood by a
certified paramedic; providing a certified paramedic immunity
from liability as a result of the proper withdrawal of blood;
providing that chemical, breath, and urine tests be administered
at the direction of a law enforcement officer; providing that
such tests shall be administered in accordance with rules of
the Department of Health and Rehabilitative Services rather
than the Department of Highway Safety and Motor Vehicles;
creating s. 322.2615, Florida Statutes; requiring a person to
submit to a chemical blood test under certain circumstances;
authorizing the law enforcement officer to use reasonable force
to require such person to submit to a blood test; requiring the
administration of the blood test in a reasonable manner;
authorizing certain persons to withdraw blood; providing for



approved testing methods; requiring substantial compliance
with approved methods; allowing criminal charges to be tried
concurrently; amending s. 322.262, Florida Statutes; providing



that test results shall be admissible into evidence; requiring
substantial compliance of chemical test analyses with approved
methods; providing that any person charged with driving a
motor vehicle while under the influence of controlled substances
shall be entitled to trial by jury; amending s. 322.28(1), (2) (a),
(d), (e), Florida Statutes; providing for the suspension or
revocation of a driver's license or driving privilege upon con-
viction for the offense of driving a motor vehicle under the
influence of controlled substances; providing for education of
substance abusing drivers; providing that a temporary permit
is valid until a hearing is held or a determination is made
that no hearing shall be held; amending s. 316.066(4), Florida
Statutes; excluding chemical test results from the confidential
privilege afforded by the subsection; amending s. 322.271(1) (a),
Florida Statutes; excluding persons who refuse to consent to
required chemical breath, urine, and blood tests from modifica-
tion of a driver's license revocation or suspension; creating s.
322.2617, Florida Statutes, authorizing the Department of
Health and Rehabilitative Services to develop methods and
techniques for testing and to appoint a panel of experts to
assist the department; providing an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Thomas-
HB 16-A bill to be entitled An act relating to pollution
control; amending s. 403.201(2), Florida Statutes, relating to
variances granted by the Department of Environmental Regu-
lation from the provisions of the Florida Air and Water Pollu-
tion Control Act, to provide special notice procedures; authoriz-
ing the department to dispense with the hearing in certain
cases; providing an effective date.
Referred to the Committee on Natural Resources.

By Representatives Evans-Jones, Steele, Danson, Sample,
Drage, Grant, McEwan, Myers, Nergard, Woodruff, S. McPher-
son, Ewing, Nuckolls, Richmond, J. H. Smith, Melby, D. L.
Jones, Crotty, Patchett, Easley, Deratany, Bankhead, M. E.
Hawkins, Brodie, Dunbar, and Kimmel-
HJR 17-A joint resolution proposing the creation of Section
9 of Article II of the State Constitution, limiting, by October 1,
1983, and thereafter, the number of full-time salaried state
employees to no more than 1 percent of the state population
estimate.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representative Lippman-
HB 18-A bill to be entitled An act relating to potable water
conservation; creating the "Potable Water Conservation and
Land Recharge Act of 1982," to provide for grants of $250,000
from the Department of Environmental Regulation to specified
counties for development and initial implementation of pro-
grams for sanitary waste disposal; providing purpose; pro-
viding definitions; providing that such grants shall be condi-
tioned upon submission of program plans to the department
for approval; providing requirements with respect thereto; pro-
viding program priorities; authorizing such specified counties
to enter into certain contracts and agreements; providing pro-
cedure and a time limit with respect to approval of plans;
providing for initial program implementation within a certain
time period; requiring the department to develop a state plan
s d to submit same, together with a report, to certain govern-
ment officials; providing an appropriation; providing for rever-
sion of funds not disbursed; providing an effective date.
Referred to the Committees on Natural Resources and Appro-
priations.

By Representative Myers-
HB 19-A bill to be entitled An act relating to transporta-



tion; adding a new paragraph (d) to s. 339.08(2), Florida
Statutes, authorizing the use of first gas tax revenues for
certain purposes; amending s. 339.12(1), (3), (4), (5), (6), (7),
and (9), Florida Statutes, authorizing municipalities to partici-
pate in road building and maintenance projects under certain
circumstances; authorizing the Department of Transportation



January 18, 1982



9











JOURNAL OF THE HOUSI



to reimburse counties and municipalities for the amount of
certain proceeds used to construct state roads; providing an
effective date.
Referred to the Committees on Transportation, Finance &
Taxation, and Appropriations.

By Representative Myers-
HB 20-A bill to be entitled An act relating to medical
assistance; amending s. 409.266(2)(c), Florida Statutes, author-
izing the Department of Health and Rehabilitative Services to
contract for demonstration projects with organizational entities
other than county health departments; creating s. 409.2675,
Florida Statutes, providing for the implementation, by the
department, of a pilot project to determine the feasibility of
purchasing a prepaid health plan for Medicaid eligibles from
one or more health insuring organizations utilizing the founda-
tion or individual practice association (IPA) model of organiza-
tion; providing for the inclusion of certain elements within the
project; providing for an evaluative report; providing an effec-
tive date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representative Martinez-
HB 21-A bill to be entitled An act relating to trespass upon
grounds or facilities of public schools; amending s. 228.091-
(1) (b) and (2)(b), Florida Statutes; providing that trespassing
upon grounds or facilities of public schools is a second degree
misdemeanor; providing that trespassing upon grounds or facil-
ities of public schools after being directed to leave is a first
degree misdemeanor; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Liberti-
HB 22-A bill to be entitled An act relating to water and
sewer systems; creating s. 367.065, Florida Statutes; providing
that the Public Service Commission shall under certain circum-
stances consider county or municipal comprehensive plans prior
to the issuance, extension or amendment of a certificate author-
izing a water or sewer utility to provide service; prohibiting
the issuance, extension or amendment of a certificate if pro-
vision of service is inconsistent with specified elements of the
comprehensive plan; providing for review and repeal in accord-
ance with the Regulatory Sunset Act; providing an effective
date.
Referred to the Committee on Energy.

By Representative Brown-
HB 23-A bill to be entitled An act relating to county fine
and forfeiture funds; amending s. 142.01, Florida Statutes;
providing that any surplus in any such fund at the end of a
fiscal year may be transferred to the county general fund;
providing an effective date.
Referred to the Committee on Community Affairs.

By Representatives Hollingsworth and Carlton-
HB 24-A bill to be entitled An act relating to the exhibition
of motion pictures; creating s. 501.139, Florida Statutes, relat-
ing to "R" rated motion pictures; requiring advertisements of
such films to give notice of the rating; prohibiting the admit-
tance of any person under 17 years of age not accompanied by
an adult to an "R" rated motion picture; providing penalties;
providing a defense; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Bush (by request) and S. McPherson-
HB 25-A bill to be entitled An act for the relief of Vehicle



Inspections, Inc., a Florida corporation; providing an appro-
priation to compensate it for damages sustained as a result
of the termination of a 7-year license to operate a private
motor vehicle safety equipment inspection station; providing an
effective date.
Referred to the Committee on Judiciary.



E OF REPRESENTATIVES January 18, 1982

By Representatives Lippman, L. J. Smith, Nuckolls, B. L.
Johnson, and Bush-
HB 26-A bill to be entitled An act relating to the Public
Service Commission; amending s. 350.01, Florida Statutes, to
provide for a 5-member elected commission; providing for a
special election; amending s. 403.537(1), Florida Statutes, 1980
Supplement, as amended, to correct a cross reference; repealing
ss. 350.001 and 350.031, Florida Statutes, relating to the appoint-
ment of commissioners through a Florida Public Service Com-
mission Nominating Council; providing for review and repeal
in accordance with the Regulatory Sunset Act; providing an
effective date.
Referred to the Committees on Commerce and Appropriations.

By Representatives Gordon, A. E. Johnson, and J. H. Smith-
HB 27-A bill to be entitled An act relating to sexual
battery; creating s. 794.07, Florida Statutes; requiring the
Bureau of Crimes Compensation of the Division of Workers'
Compensation of the Department of Labor and Employment
Security to pay the medical expenses of initial physical exami-
nations of victims of sexual battery under specified circum-
stances; limiting amount of payment; prescribing the powers
and duties of the Bureau of Crimes Compensation with respect
to claims; providing an appropriation; providing a retroactive
effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Gardner-
HB 28-A bill to be entitled An act relating to cosmetology;
amending s. 477.019(4), Florida Statutes, to provide an exemp-
tion from continuing education requirements; providing for
review and repeal in accordance with the Regulatory Sunset
Act; providing an effective date.
Referred to the Committee on Tourism & Economic Develop-
ment.

By Representative Crawford-
HB 29-A bill to be entitled An act relating to the tax on
sales, use, and other transactions; adding s. 212.08(5)(d),
Florida Statutes, providing a tax exemption for the purchase
or lease of certain studio equipment used exclusively in per-
manent motion picture or television production activities; pro-
viding definitions; providing for promulgation of rules; pro-
viding an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment, Finance & Taxation, and Appropriations.

By Representative Patchett-
HB 30-A bill to be entitled An act relating to the local
option tourist development tax; amending s. 125.0104(5)(a),
Florida Statutes, providing that the revenues derived from
said tax may be used to finance beach acquisition and main-
tenance; providing that a portion may be used for county or
municipal general operating purposes; providing an effective
date.
Referred to the Committees on Tourism & Economic Develop-
ment and Finance & Taxation.

By Representative Meffert-
HB 31-A bill to be entitled An act relating to education;
amending s. 230.23(4) (n), Florida Statutes, 1980 Supplement,
as amended, providing for the operation of the educational
programs of the Alyce D. McPherson School by the Department
of Health and Rehabilitative Services; providing an effective
date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.



By Representative Myers-
HB 32-A bill to be entitled An act relating to medical
transportation services; amending ss. 401.23(12), Florida Stat-
utes, amending s. 401.27(1), Florida Statutes, and adding a
new subsection (4) thereto, amending s. 401.33(2), Florida











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Statutes, 1981, amending s. 401.34(1) (e) and (g), Florida Stat-
utes, and adding paragraph (j) thereto, and amending s. 401.-
47(1), Florida Statutes; modifying definitions; defining "basic
life support" and providing for the performance of esophageal
intubation by emergency medical technicians under certain con-
ditions; modifying fee provisions; exempting public school bus
operators; modifying standards for personnel; requiring certain
recertification training; creating s. 401.235, Florida Statutes;
authorizing the appointment of an advisory council; providing
for membership, expenses, and terms; deleting provision for
performance of advanced life support by certain paramedics;
providing for review and repeal in accordance with the Regu-
latory Sunset Act; providing for repeal and legislative review
of s. 401.235, Florida Statutes, in accordance with the Sundown
Act; providing an effective date.
Referred to the Committees on Regulatory Reform and Appro-
priations.

By Representative Burrall-
HB 33-A bill to be entitled An act relating to pari-mutuel
wagering; creating s. 551.115, Florida Statutes, authorizing the
Division of Pari-mutuel Wagering to issue an additional permit
for jai alai operation in certain counties; providing restrictions
on the issuance of such permits; providing an effective date.
Referred to the Committees on Regulated Industries &
Licensing, Finance & Taxation, and Appropriations.

By Representatives Hollingsworth, Fontana, Thompson, Fos-
ter, Clements, B. L. Johnson, Dunbar, R. C. Johnson, W. R.
Hodges, Messersmith, L. J. Hall, Mitchell, Nuckolls, and
Burnsed-
HB 34-A bill to be entitled An act relating to weapons and
firearms; amending s. 790.001(2), Florida Statutes, redefining
the term "concealed firearm" to eliminate firearms carried in
certain locations in motor vehicles; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Kimmel and Foster--
HB 35-A bill to be entitled An act relating to the sale of
petroleum products; creating the "Retail Dealer Fair Marketing
Act"; providing intent; providing definitions; restricting pro-
ducers or refiners of petroleum products from owning and
operating retail service stations; requiring such producers or
refiners to supply equipment rentals and petroleum products
equitably; providing powers of the Governor; repealing s. 526.-
151, Florida Statutes, relating to restrictions on such producers
or refiners; providing an effective date.
Referred to the Committee on Commerce.

By Representatives Kimmel and Silver-
HB 36-A bill to be entitled An act relating to the Adminis-
trative Procedure Act; adding a new subsection (4) to s. 120.55,
Florida Statutes; requiring the inclusion of certain information
along with the publication of a rule; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representatives Crotty and Silver--
HB 37-A bill to be entitled An act relating to the grand
jury; amending s. 905.01(1), Florida Statutes, increasing to 23
the maximum number of persons on a grand jury; providing
an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Kershaw and Fontana-
HB 38-A bill to be entitled An act relating to horseracing;
creating s. 550.485, Florida Statutes, defining the term "branch
betting facility"; permitting certain horseracing licensees to
operate branch betting facilities at specified locations; pro-
viding that betting conducted at a branch betting facility shall
not be conducted as a separate pari-mutuel pool; providing
legislative intent; providing an effective date.



By Representatives Lehtinen, Mills, Morgan, Kiser, Gardner,
Reynolds, Price, Clements, Messersmith, Gustafson, Silver,
Tygart, Crotty, J. H. Smith, McEwan, Kimmel, Crady, L. J. Hall,
R. C. Johnson, Robinson, Lehman, S. McPherson, Brodie, L. R.
Hawkins, A. E. Johnson, W. R. Hodges, Brown, Burnsed, Bush,
Hollingsworth, Meffert, Evans-Jones, Mann, Hazouri, B. L.
Johnson, Lewis, Carlton, Myers, Ewing, Nuckolls, Easley,
Patterson, Kelly, Drage, D. L. Jones, Fontana, Ward, Steele,
Alien, Melby, M. E. Hawkins, Danson, Cosgrove, Grant, Wood-
burn, and C. R. Smith-
HJR 39-A joint resolution proposing an amendment to Sec-
tion 12 of Article I of the State Constitution relating to searches
and seizures.
Referred to the Committee on Criminal Justice.

HB 40-Withdrawn

By Representative Lehtinen-
HB 41-A bill to be entitled An act relating to personnel of
the school system; amending s. 231.17(2)(d) and (e), Florida
Statutes, 1980 Supplement, as created by chapter 81-243, Laws
of Florida, providing for the issuance of temporary certificates
to nondegree teachers of vocational education and to certain
other persons; providing for review and repeal in accordance
with the Regulatory Sunset Act; providing an effective date.
Referred to the Committee on Education, K-12.

By the Committee on Insurance-
HB 42-A bill to be entitled An act relating to fire prevention
and control; amending s. 633.061(1), (2), (3) and (8), Florida
Statutes, and renumbering said section as s. 633.50; revising
license and permit fees for organizations and individuals serv-
icing, repairing, recharging, testing, inspecting or installing
fire extinguishers; requiring a license or permit to service,
repair, install or inspect pre-engineered systems, and providing
fees and requiring insurance coverage; providing a penalty for
late renewal application; providing a limitation on required
insurance coverage; revising examination requirements with
respect to license and permit applicants; providing fees for
filing application for examination; requiring that regulated
activities in connection with fire extinguishers and pre-engi-
neered systems be in compliance with rules of the State Fire
Marshal; amending s. 633.065(1), Florida Statutes, and s.
633.511(1), Florida Statutes, as amended; correcting cross
references; amending s. 633.163, Florida Statutes; providing
administrative fine for violation of chapter 633, of rules adopted
pursuant thereto, or of a cease and desist order; designating
parts I and II of chapter 633; providing for review and repeal
of ss. 633.50, 633.521, 633.524, 633.527, 633.531, 633.534, 633.537,
633.541, 633.547, 633.549, 633.551, 633.554, and 633.557, Florida
Statutes; providing an effective date.
Referred to the Committee on Appropriations.

By the Committee on Insurance-
HB 43-A bill to be entitled An act relating to corporations
not for profit; repealing part II of chapter 617, Florida Stat-
utes, relating to scholarship plans; providing an effective date.
Placed on the Calendar without reference.

By the Committee on Veterans Affairs and Representatives
Boles, Foster, L. J. Hall, Brodie, R. C. Johnson, L. R. Hawkins,
Nergard, and A. E. Johnson--
HB 44-A bill to be entitled An act relating to ad valorem
tax exemption; amending s. 196.101(4), Florida Statutes, as
amended, relating to the homestead exemption for certain
totally and permanently disabled persons; increasing the income
limitation imposed as a requirement for qualification for the
exemption; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representatives J. H. Smith, Fontana, A. E. Johnson, and
Clements-



HB 45-A bill to be entitled An act relating to law enforce-
ment officers; creating s. 112.185, Florida Statutes; providing



Referred to the Committees on Regulated Industries & Licens-
ing and Appropriations.



January 18, 1982











12 JOURNAL OF THE HOUSE

that certain conditions shall be presumed accidental and suf-
fered in the line of duty, under certain circumstances; providing
that life or disability insurance benefits relative thereto are
negotiable; authorizing governmental entities to negotiate for
such benefits; providing an effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representative Young-
HB 46-A bill to be entitled An act relating to motor vehicle
warranties; providing definitions; requiring certain manufac-
turers of motor vehicles to maintain service or repair facilities
in the state; providing a time period for commencement of
repairs; providing for the duty of the buyer with respect to
warranty repairs; providing for replacement of the motor vehi-
cle, or reimbursement therefore, under certain circumstances;
providing an effective date.
Referred to the Committee on Commerce.

By Representative Myers-
HB 47-A bill to be entitled An act relating to the district
school system; creating s. 230.235, Florida Statutes, the "Par-
ental Rights Act"; providing definitions; providing for written
parental consent prior to the administration of certain per-
sonality, adjustment, psychiatric, or psychological tests or
activities to public school students under 18 years of age;
providing for notice of the intent to administer such tests or
activities; requiring provision of alternative classroom activity
during the administration of such tests for students choosing
not to participate; requiring school boards to make available
for inspection all instructional materials used in the district;
requiring parental consent prior to placing a student in any
experimental, innovative, pilot, or research program; providing
a limitation regarding academic tests; providing an effective
date.
Referred to the Committee on Education, K-12.

By Representative Liberti-
HB 48-A bill to be entitled An act relating to public lodging
establishments; amending s. 509.242, Florida Statutes, deleting
the classification of "apartment" from a list of classifications
for which a public lodging establishment may apply under
chapter 509, Florida Statutes; providing for review and repeal
in accordance with the Regulatory Sunset Act; providing an
effective date.
Referred to the Committee on Regulated Industries & Licens-
ing.

By Representative Hollingsworth-
HB 49-A bill to be entitled An act relating to motor vehicle
title certificates; adding subsection (4) to s. 319.29, Florida
Statutes; authorizing certain tax collectors to issue duplicate
certificates; providing requirements; providing an effective
date.
Referred to the Committee on Transportation.

By Representative Evans-Jones--
HB 50-A bill to be entitled An act relating to veterans;
amending s. 295.015, Florida Statutes, relating to the education,
at state expense, of children of prisoners of war and persons
missing in action; providing an effective date.
Referred to the Committees on Veterans Affairs and Appro-
priations.

By Representative Evans-Jones-



HB 51-A bill to be entitled An act relating to cosmetology;
amending s. 477.019(4), Florida Statutes, authorizing the Board
of Cosmetology to waive continuing education requirements
with respect to certain applicants for renewal licenses as cos-
metologists; providing for review and repeal in accordance
with the Regulatory Sunset Act; providing an effective date.
Referred to the Committee on Tourism & Economic Develop-
ment.



5:



HB 57-A bill to be entitled An act relating to victims of
crimes; amending s. 960.03(7), Florida Statutes, 1980 Supple-
ment, as amended, and adding a new subsection (2), providing
a definition; redefining "victim"; amending s. 960.09(3), Flor-
ida Statutes, clarifying certain notice requirements; assessing
certain appellate costs; providing appellate procedural rules;
clarifying authority of deputy commissioners when conducting



E OF REPRESENTATIVES January 18, 1982

By Representatives Carlton, Moffitt, Brown, Steele, A. E.
Johnson, and Batchelor-
HB 52-A bill to be entitled An act relating to water con-
servation; creating the Water Conservation Act; creating s.
381.2612, Florida Statutes; providing that, after a specified
date, no new building or addition to or renovation of an exist-
ing building may be built if it contains certain plumbing
equipment; providing exceptions; providing a penalty; providing
an effective date.
Referred to the Committees on Natural Resources and
Appropriations.

By Representative Pajcic-
HB 53-A bill to be entitled An act relating to cemeteries;
amending ss. 559.41 and 559.441(3) (a), Florida Statutes, pro-
viding an exemption for certain nonprofit cemetery corpora-
tions from certain trust requirements related to the establish-
ment of care and maintenance trust funds; providing for
review and repeal in accordance with the Regulatory Sunset
Act; providing an effective date.
Referred to the Committee on Commerce.

By Representatives Gardner and Young-
HB 54-A bill to be entitled An act relating to personnel of
the district school system; amending ss. 230.321(1) and 230.-
66(5), Florida Statutes, and ss. 231.29(2) (c), 231.36, and 231.-
39(2), Florida Statutes; providing criteria for assessment of
personnel; removing continuing contracts for instructional per-
sonnel; providing that instructional personnel, supervisors, and
principals shall receive 2-year contracts upon completion of
certain requirements; providing for renewal of contracts; pro-
viding procedures in the case of unsatisfactory performance,
including notification, informal review, transfer of position,
inservice training, and hearing; providing for final determina-
tion by the school board for nonrenewal; providing that an
employee with continuing contract status on July 1, 1984, shall
have certain rights; deleting obsolete language; repealing s.
231.351, Florida Statutes, relating to annual contracts, to con-
form; providing that local tenure acts are superseded effective
July 1, 1984; providing legislative intent with respect to repeal;
providing for review and repeal in accordance with the Regu-
latory Sunset Act; providing an effective date.
Referred to the Committees on Regulatory Reform, Education,
K-12, and Appropriations.

By Representatives Fontana, Kutun, Silver, C. A. Hall, and
Reynolds-
HB 55-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.052(1) (d), Florida Stat-
utes, authorizing certain members of the Elected State Officers'
Class to purchase additional retirement credit for service as a
judge of industrial claims; providing for payment therefore;
providing an effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representatives Tygart, Lehtinen, J. H. Smith, Danson,
and L. J. Hall-
HB 56-A bill to be entitled An act relating to criminal
procedure; creating s. 925.11, Florida Statutes, providing for a
finding of guilty but mentally ill in cases in which an insanity
defense is raised; providing criteria for such finding; providing
disposition of persons adjudicated guilty but mentally ill; pro-
viding an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Tygart-











JOURNAL OF THE HOUSE OF REPRESENTATIVES



hearings on claims; creating s. 960.095, Florida Statutes, pro-
viding for the appointment of guardians for minors or incom-
petents; amending s. 960.13(2), (3) and (6), Florida Statutes,
and adding a new subsection (4), prohibiting awards for emo-
tional or mental injury; clarifying language; providing an
effective date.
Referred to the Committee on Criminal Justice.

By Representatives Tygart and A. E. Johnson-
HB 58-A bill to be entitled An act relating to interception
of communications; amending s. 934.03(2)(d), Florida Statutes;
authorizing a person to intercept any wire or oral communica-
tion to which he is a party; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Burrall-
HB 59-A bill to be entitled An act relating to unemployment
compensation; amending s. 443.131(4) (b), Florida Statutes, to
provide that certain benefits shall not be charged to employers
liable for reimbursement payments in lieu of contributions to
the Florida Unemployment Compensation Trust Fund; reenact-
ing ss. 443.121(3) (c)1. and 3. and 443.131(5) (b), Florida Stat-
utes, to incorporate the amendment to s. 443.131(4) (b), Florida
Statutes, in a reference thereto; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representative Patchett-
HB 60-A bill to be entitled An act relating to burglary;
amending s. 810.02(2)(b), Florida Statutes; specifying that
burglary of a conveyance is a first degree felony if the
offender is armed; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Evans-Jones--
HB 61-A bill to be entitled An act relating to state uniform
traffic control; requiring the use of child passenger restraint
systems when transporting children under 4 years of age;
providing exceptions; providing that failure to utilize such a
restraint system shall not be considered as contributory negli-
gence; providing that such failure shall not be admissible as
evidence in any civil action; providing a penalty; providing an
effective date.
Referred to the Committee on Transportation.

By Representatives Boles, O'Malley, Hagler, Liberti, Bush,
Patterson, Kershaw, Kimmel, D. L. Jones, Burrall, Girardeau,
Thomas, Dunbar, Ewing, McEwan, A. E. Johnson, J. H. Smith,
Dyer, Allen, Deratany, S. McPherson, W. R. Hodges, Davis,
R. C. Johnson, Steele, Crady, J. Plummer, Mitchell, Cox, C. R.
Smith, and L. R. Hawkins--
HB 62-A bill to be entitled An act relating to dissolution
of marriage; amending s. 61.001(2), Florida Statutes, providing
for additional purposes for the enactment of chapter 61, Florida
Statutes; amending s. 61.052(3), Florida Statutes, providing
for the authority of the court to make certain orders with
respect to dissolution proceedings; amending s. 61.09, Florida
Statutes, clarifying language; amending s. 61.10, Florida Stat-
utes, relating to the rights of parties unconnected with dissolu-
tion; amending s. 61.13(2), (3) and (4), Florida Statutes, and
adding subsections thereto, setting forth criteria for deter-
mining responsibility for support of children in dissolution
proceedings; providing for court orders; providing for investi-
gations and social studies; providing for the use of mediation
or conciliation services; providing for access to records; repeal-
ing s. 61.20, Florida Statutes, relating to social investigations
and recommendations when child custody is an issue; providing
for severability; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Fox-



HB 63-A bill to be entitled An act relating to the tax on
sales, use, and other transactions; adding paragraph (s) to s.
212.08(7), Florida Statutes; providing that certain nonprofit



organizations designated as State Theater Program facilities
are exempt from such tax; providing an effective date.
Referred to the Committees on Governmental Operations,
Finance & Taxation, and Appropriations.

By Representative Dunbar-
HB 64-A bill to be entitled An act relating to saltwater
fishing; prohibiting the taking of bay scallops from the waters
of the state from January 1 August 14; requiring a license
to take more than 1 bushel daily from August 15 December
31; limiting licensees to 10 bushels daily; prohibiting possession
of other than adult bay scallops; providing a fee; providing a
penalty; providing an effective date.
Referred to the Committees on Natural Resources and Appro-
priations.

By Representative Burrall-
HB 65-A bill to be entitled An act relating to hunting;
adding subsections (6) and (7) to s. 372.99, Florida Statutes,
prohibiting hunting with a light from a public road or right-
of-way; providing penalties; providing for prima facie evidence
of violation; providing an effective date.
Referred to the Committee on Natural Resources.

By Representatives Crotty and J. H. Smith-
HB 66-A bill to be entitled An act relating to taxation;
repealing s. 197.013, Florida Statutes, relating to prepaying in
installments ad valorem taxes on real property; providing an
effective date.
Referred to the Committee on Finance & Taxation.

HB 67-Withdrawn

By Representatives Woodburn and Lehman-
HB 68-A bill to be entitled An act relating to witnesses;
amending s. 914.04, Florida Statutes; eliminating provision for
transactional immunity; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Watt--
HB 69-A bill to be entitled An act relating to municipalities;
amending s. 336.59(2), Florida Statutes, permitting cities and
towns that have no jurisdictional responsibility for streets,
roads, or bridges to exchange tax moneys received from county
road and bridge tax levies for unrestricted county funds;
providing an effective date.
Referred to the Committees on Community Affairs and
Transportation.

By Representative Watt--
HB 70-A bill to be entitled An act relating to public print-
ing; creating a new chapter 283, Florida Statutes; providing
definitions; providing for internal printing oversight committees
within state agencies; providing for certain records and reports;
providing for use of recycled paper; providing that all public
printing be let to lowest bidder and prohibiting state officers
from having an interest in such contracts; providing for prefer-
ence to in-state bidders; providing for three classes of public
printing; providing exceptions with respect to Class C printing;
providing notice requirements for Class A printing; providing
that the Joint Legislative Management Committee shall contract
for Class A printing and providing bid requirements; providing
that bids may be required to be accompanied by certified
check; providing terms of new contracts; requiring bidders to
file certain statement under oath and providing penalty for
false statement; providing for rejection of unacceptable print-
ing and providing a penalty; providing bid requirements for
Class B printing; providing duties of Division of Purchasing
of the Department of General Services relating to agency
annual and biennial reports; providing for public information
program printing services; providing for classification and pub-



location of legislative acts; providing for legislative statements
of receipts and expenditures of public money; providing for



January 18, 1982











JOURNAL OF THE HOUSI



distribution of legislative journals, pamphlet copies of laws
and session laws; providing for republication of session laws;
providing for delivery of session laws; providing for receipt
of public documents by university libraries; designating certain
law libraries as state legal depositories; providing for furnish-
ing of public documents to the Library of Congress; authoriz-
ing certain activities by University of Florida and Florida
State University Law Reviews; requiring statement of cost
and purpose on public documents; providing for report to
Legislature by Auditor General; providing for purging of pub-
lication mailing lists; providing for furnishing of publications
to State Library; amending ss. 287.102, 288.012(2) and 601.-
10(8), Florida Statutes, correcting cross references; repealing
present chapter 283, Florida Statutes, relating to the same
matters; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives Evans-Jones, and A. E. Johnson-
HB 71-A bill to be entitled An act relating to the local
option tourist development tax; amending s. 125.0104(5)(a),
Florida Statutes; providing that the revenues derived from
said tax may be used to finance beach acquisition and main-
tenance; providing an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment and Finance & Taxation.

By Representatives Liberti and A. E. Johnson-
HB 72-A bill to be entitled An act relating to the district
school system; creating s. 236.0865, Florida Statutes, providing
a supplement for subject area instruction for art, music and
physical education in elementary schools; providing legislative
intent; providing for allocation and distribution of funds and
administration of district programs; providing for a report;
providing an effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representative Patchett-
HB 73-A bill to be entitled An act relating to local occu-
pational license taxes; amending ss. 205.033(1)(b) and 205.-
043(l)(b), Florida Statutes, providing limitations on certain
"occupational license taxes levied by counties and municipalities;
providing an effective date.
Referred to the Committees on Community Affairs and
Finance & Taxation.

By Representatives Kershaw and Fontana-
HB 74-A bill to be entitled An act relating to horseracing;
amending ss. 550.04, 550.065(2), 550.291(1), 550.33(3), 550.-
37(4), and 550.41(3), Florida Statutes; creating s. 550.495,
Florida Statutes; authorizing the conduct of Sunday operation
and providing restrictions and limitations on such operation;
providing an effective date.
Referred to the Committees on Regulated Industries & Licens-
ing, Finance & Taxation, and Appropriations.

By Representatives S. McPherson, A. E. Johnson, and J. H.
Smith-
HB 75-A bill to be entitled An act relating to animals;
amending s. 877.14, Florida Statutes, relating to the mer-
chandising of dogs; providing for applicability to certain ani-
mals sold or intended to be sold as pets; modifying record-
keeping requirements; providing exceptions; providing for main-
tenance and inspection of records; increasing the penalty for
violation; amending s. 372.921(6), Florida Statutes, relating to
rabies immunization of animals; prohibiting certain animals
from being immunized; providing an effective date.
Referred to the Committee on Agriculture & General Legis-
lation.

By Representative S. McPherson-



HB 76-A bill to be entitled An act relating to juveniles;
amending s. 228.093(3) (a), Florida Statutes, providing that



SOF REPRESENTATIVES January 18, 1982

school and school law enforcement reports and records kept
with respect to juveniles shall be open to inspection upon
court order; providing an effective date.
Referred to the Select Committee on Juvenile Justice.

By Representatives Carlton and Lippman-
HB 77-A bill to be entitled An act relating to public educa-
tion; amending s. 228.121, Florida Statutes, to provide that
students who are nonresidents, or whose guardians are non-
residents, of Florida may be admitted to the public schools
according to certain criteria; requiring a nonresident tuition
fee computed according to district expenditures, and providing
exceptions; providing for verification of residency and guardian-
ship; providing for the collection, remittance, and use of tuition
fees; exempting certain nonresident students from inclusion in
Florida Education Finance Program computations and from
requirements for regular school attendance; providing an effec-
tive date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representatives Evans-Jones, Kelly, and Nergard-
HB 78-A bill to be entitled An act relating to the Florida
Public Service Commission; amending s. 350.01, Florida Stat-
utes, to provide for a 5-member elected commission; amending
s. 121.052(1)(b) and (d) and (4)(b), Florida Statutes, 1980
Supplement, as amended, to conform provisions relating to
membership in the Elected State Officers' Class of the Florida
Retirement System; amending s. 403.537(1), Florida Statutes,
1980 Supplement, as amended, to correct a cross reference;
repealing ss. 350.001 and 350.031, Florida Statutes, relating to
the appointment of commissioners through a Florida Public
Service Commission Nominating Council; providing for review
and repeal in accordance with the Regulatory Sunset Act;
providing effective dates.
Referred to the Committees on Commerce and Appropriations.

By Representatives Drage, Grant, Messersmith, Ready, Wood-
burn, Brodie, Upchurch, Deratany, Evans-Jones, Patchett,
Allen, S. McPherson, McEwan, Crotty, D. L. Jones, Kimmel,
Myers, Easley, Ewing, and Kiser-
HJR 79-A joint resolution proposing an amendment to Sec-
tion 6 of Article VII and the creation of Section 20 of Article
XII of the State Constitution, relating to homestead tax exemp-
tions.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representatives Kelly, Clements, Tygart, Burnsed, Gard-
ner, Myers, Meffert, Foster, Fox, Dyer, Cox, B. L. Johnson,
Bush, Lehman, W. R. Hodges, Lippman, Brown, L. R. Hawkins,
Fontana, McEwan, Sample, Easley, Bell, Liberti, Nergard,
Kimmel, Ready, Crady, R. C. Johnson, Girardeau, Batchelor,
Hattaway, Martin, Woodburn, Carlton, Gordon, Meek, Friedman,
Davis, Lewis, Evans-Jones, Bankhead, G. Hodges, Boles,
Nuckolls, Mills, Sheldon, S. McPherson, Melby, Spaet, Thomas,
D. L. Jones, Mitchell, Crotty, Reynolds, Brodie, Ward, and
Martinez-
HB 80-A bill to be entitled An act relating to children;
creating a statewide committee to study the problem of missing
children and law enforcement response in ascertaining their
whereabouts; providing for a report; providing an effective
date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representatives Woodburn, Hollingsworth, and Danson-



HB 81-A bill to be entitled An act relating to public schools;
adding subsection (5) to s. 228.195, Florida Statutes; providing
that no student shall receive a free or reduced-price meal unless
the parent or guardian submits a notarized income statement;
providing a penalty; providing an effective date.
Referred to the Committee on Education, K-12.











JOURNAL OF THE HOUSE



By Representatives Silver, Davis, and A. E. Johnson-
HB 82-A bill to be entitled An act relating to mediation
of disputes between citizens; authorizing the establishment of
Citizen Dispute Settlement Centers; requiring appointment of
a council to adopt certain rules for the administration of such
a center; prohibiting such a center from making or imposing
any adjudication, sanction, or penalty; providing for confiden-
tiality of certain information; providing for referral of disputes
to certain agencies; authorizing the seeking and acceptance of
funds from certain sources and the expenditure of such funds;
providing exemptions for certain existing centers; creating s.
90.5065, Florida Statutes; providing that Citizen Dispute Set-
tlement Center proceeding matter or communications are privi-
leged; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Gallagher-
HB 83-A bill to be entitled An act relating to workers'
compensation; creating s. 440.385, Florida Statutes; establishing
the Florida Self-Insurers Guaranty Association, Incorporated;
requiring certain individual self-insurers to become members
of the association; providing for withdrawal upon termination
of the self-insurance privilege; providing for a board of direc-
tors and providing for organization, operation, powers, and
duties thereof; providing for creation of an insolvency fund;
providing for a plan of operation; providing powers and duties
of the Department of Labor and Employment Security; pro-
viding the effect of paid claims; providing for exchange of
information to detect and prevent employer insolvencies; pro-
viding for examination and regulation of the association by the
department; providing certain immunity; providing for a stay
of proceedings; providing a statute of limitations; amending s.
440.38(1) (b), Florida Statutes, to conform; adding subsection
(5) to s. 440.09, Florida Statutes, including certain persons
within the course of employment for purposes of coverage;
providing an effective date.
Referred to the Committees on Insurance and Appropriations.

HB 84-Withdrawn

By Representative J. H. Smith-
HB 85-A bill to be entitled An act relating to taxation;
adding subsection (7) to s. 196.011, Florida Statutes, 1980
Supplement, as amended; providing for notification by the prop-
erty appraiser to the Department of Revenue under certain
circumstances; providing for review of exemptions by the prop-
erty appraiser; creating s. 212.087, Florida Statutes; providing
for notification by the Department of Revenue to the property
appraiser under certain circumstances; providing for review of
exemptions by the department; providing an effective date.
Referred to the Committee on Finance & Taxation.

By Representative Drage-
HB 86-A bill to be entitled An act relating to public-
supported pension plans; adding subsection (3) to s. 112.65,
Florida Statutes; providing limitations on reemployment by any
public employer applicable to any member of any public-
supported pension plan; providing an exception; providing an
effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representative Drage--
HB 87-A bill to be entitled An act relating to collection
of special assessments and service charges; amending s. 197.214,
Florida Statutes; providing that special assessments imposed on
property in special districts and municipal service taxing or
benefit units may be collected as provided for ad valorem taxes;
providing that service charges imposed on property in municipal
service taxing or benefit units may be collected in such manner;



applying the provisions of chapter 197, Florida Statutes, to
such collections; providing that tax collectors are entitled to
commissions on such collections; authorizing the board of county
commissioners to appoint the tax collector to act as agent for
the county in collecting service charges; providing a limitation;



January 18, 1982



viding for the handling of approved applications; requiring
notice of temporary or conditional nature of licenses on the
face thereof; clarifying the nature of application disapproval;
amending s. 601.67(3), Florida Statutes, providing for license
suspension upon failure to comply with an order to pay a fine;
providing a 60-day suspension period; providing for continuation



OF REPRESENTATIVES 15

providing for compensation for such collection; providing an
effective date.
Referred to the Committees on Community Affairs and
Finance & Taxation.

By Representative Kimmel-
HB 88-A bill to be entitled An act relating to educational
facilities; amending ss. 235.26(4) and 235.31(1) and (3) (a),
Florida Statutes, as amended; revising the cost of projects for
which approval is required of the Office of Educational Facili-
ties, day labor is authorized, and truth-in-negotiation certifi-
cates shall be executed; providing for review and repeal;
providing an effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representative Shackelford-
HB 89-A bill to be entitled An act relating to fireworks;
amending s. 791.07, Florida Statutes, relating to agricultural
and fish hatchery use of fireworks; providing an effective date.
Referred to the Committee on Agriculture & General Legis-
lation.

By Representative Tygart-
HB 90-A bill to be entitled An act relating to theft; amend-
ing s. 812.014(2) (b), Florida Statutes, increasing the minimum
value of property taken to be considered grand theft; providing
an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Lippman and A. E. Johnson-
HB 91-A bill to be entitled An act relating to murder;
amending s. 782.04(4), Florida Statutes; prescribing the ele-
ments of murder in the third degree; providing an effective
date.
Referred to the Committee on Criminal Justice.

By Representative Lippman-
HB 92-A bill to be entitled An act relating to murder;
amending s. 782.04, Florida Statutes; providing that the unlaw-
ful killing of a human being when committed by a person
engaged in the perpetration of, or the attempt to perpetrate,
an escape is first degree murder; providing that when a person
is killed, in the perpetration of an escape or attempted escape,
by a person other than the person engaged in the perpetration
of the escape or attempted escape, the person perpetrating the
escape or attempted escape is guilty of second degree murder;
providing penalties; providing an effective date.
Referred to the Committee on Criminal Justice.

By the Committee on Agriculture & General Legislation-
HB 93-A bill to be entitled An act relating to the Florida
Citrus Code; amending s. 601.15(9) (b), Florida Statutes, ex-
tending application of the excise tax collection provisions of
the section to include all citrus excise taxes in chapter 601,
Florida Statutes; deleting obsolete language; amending s. 601.-
55(1) and (2), Florida Statutes, clarifying language relating
to citrus fruit dealer's license classifications; eliminating the
present delinquent renewal classification; providing for "repeat
applications" for licenses; specifying license terms; adding sub-
section (4) to s. 601.56, Florida Statutes, providing that certain
license applications shall not be processed or denied under
certain conditions and providing for notification; amending s.
601.57(7), Florida Statutes, relating to conditional citrus fruit
dealers' licenses; amending s. 601.58, Florida Statutes, pro-











16



JOURNAL OF THE HOUSE OF REPRESENTATIVES



of suspension against a subsequent license; providing for review
and repeal in accordance with the Regulatory Sunset Act;
providing an effective date.
Placed on the Calendar without reference.

By Representatives Lippman and D. L. Jones-
HM 94-A memorial to the Congress of the United States
urging Congress to adopt H.R. 3781 relating to missing children.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representatives Ewing and A. E. Johnson-
HJR 95-A joint resolution proposing an amendment to Sec-
tion 3 of Article III of the State Constitution, relating to the
Legislature, to allow the date for convening of a regular session
to be fixed by law.
Referred to the Committee on Governmental Operations.

By Representative Hattaway-
HB 96-A bill to be entitled An act relating to tax on sales,
use and other transactions; adding s. 212.02(20), Florida Stat-
utes; defining "factory-built building"; amending s. 212.06-
(1) (b), Florida Statutes; providing that persons who manu-
facture such buildings for their own use in the performance
of contracts for construction or improvement of real property
shall pay tax only on the cost of materials used in such
manufacture; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representatives Hazouri, Hieber, and Danson-
HB 97-A bill to be entitled An act relating to public retire-
ment systems; requiring the forfeiture of certain benefits under
any such system by any officer or employee convicted of a
felony involving the use of such office or employment; pro-
viding for a forfeiture hearing and for appeal from a forfeiture
order; providing for the return of certain benefits; providing
an effective date.
Referred to the Committee on Retirement, Personnel &
Collective Bargaining.

By Representative Davis-
HB 98-A bill to be entitled An act relating to talent agen-
cies; providing for regulation of talent agencies by the Depart-
ment of State; providing definitions; providing an exemption;
specifying powers and duties of the department; providing for
issuance of a license to a talent agency upon application and
for denial, suspension, or revocation of license; providing for
establishment of fees and civil penalties; specifying qualifica-
tions of applicants for license; providing for filing and posting
of fee schedules; requiring an applicant to provide bond in a
specified amount; requiring maintenance of specified records;
limiting registration requirements and fees; requiring issuance
of a receipt; providing circumstances for refund; requiring
delivery of a contract; prohibiting specified types of inter-
ference with employment; requiring the talent agency to give
notice of labor disputes; requiring talent agencies to provide
specified information; prohibiting a talent agency from sending
an applicant to an employer engaged in illegal activities; pro-
viding penalties; creating a trust fund and providing for
deposit of moneys therein; providing for legislative review;
providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives Melby and Hieber--



HB 99-A bill to be entitled An act relating to rehabilitation
of drug dependents; amending s. 397.099, Florida Statutes,
authorizing treatment resources for drug dependents to admit
individuals making application therefore; providing conditions



January 18, 1982



for the admission and discharge of minors by treatment re-
sources; providing for repeal and review in accordance with
the Regulatory Sunset Act; providing an effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representative Steele-
HB 100-A bill to be entitled An act relating to robbery;
amending s. 775.087, Florida Statutes, providing minimum man-
datory sentences with respect to robbery or attempted robbery
involving the use of a "firearm" or "destructive device"; pro-
viding an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Patchett-
HB 101-A bill to be entitled An act relating to taxation;
amending s. 196.032, Florida Statutes; providing for payments
to local governments from the Local Government Exemption
Trust Fund as partial compensation for revenue lost as the
result of homestead and inventory exemptions; repealing s. 10
of chapter 81-308, Laws of Florida, to nullify the repeal of
s. 196.032 by said section; providing an appropriation; providing
effective dates.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Kimmel-
HB 102-A bill to be entitled An act relating to fraudulent
practices; amending s. 817.50, Florida Statutes, relating to
fraudulently obtaining goods, services, etc., from hospitals;
providing graduated penalties; providing for certain evidence of
identity; requiring hospitals to obtain certain information at
the time of admission; requiring verification of certain infor-
mation; providing for commencement of prosecution upon veri-
fication of fraud; providing that certain actions shall be prima
facie evidence of intent to defraud; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Woodburn-
HB 103-A bill to be entitled An act relating to criminal
procedure; amending s. 932.48, Florida Statutes, authorizing a
circuit court clerk to issue a capias for an arrest whenever an
indictment is published; specifies to whom a capias is to be
issued when an information is filed or indictment published;
providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Hieber-
HB 104-A bill to be entitled An act relating to retirement
benefits; providing that public officers and employees may
forfeit certain rights and benefits under state and local retire-
ment systems upon conviction of any felony involving a breach
of public trust; providing procedures for determination by the
court whether a felony is one involving a breach of public trust
and whether retribution is necessary; repealing s. 121.091(5)(f),
Florida Statutes, which provides for forfeiture of retirement
benefits under the Florida Retirement System under certain
circumstances; providing an effective date.
Referred to the Committee on Retirement, Personnel &
Collective Bargaining.

By Representatives J. H. Smith and A. E. Johnson-
HB 105-A bill to be entitled An act relating to state uniform
traffic control; amending s. 316.1935, Florida Statutes; pro-
viding a third degree felony penalty for persons convicted of
unlawfully fleeing or eluding a police officer while operating
a motor vehicle; directing the court to revoke the operator's
or chauffeur's license of any person so convicted; providing an
effective date.



Referred to the Committee on Criminal Justice.













By Representative Lehtinen-
HJR 106-A joint resolution proposing an amendment to Sec-
tion 14 of Article I of the State Constitution relating to bail.
Referred to the Committee on Criminal Justice.

By Representative Meffert-
HB 107-A bill to be entitled An act relating to municipal
improvements; amending s. 170.09, Florida Statutes; revising
interest rate and number of yearly installments for payment of
special assessments for municipal improvements under chapter
170, Florida Statutes; amending s. 170.17, Florida Statutes,
revising specified denomination and interest rate for improve-
ment bonds; providing an effective date.
Referred to the Committee on Community Affairs.

By Representative Davis-
HB 108-A bill to be entitled An act relating to comprehensive
health education; amending s. 233.067(3) and (4)(b), Florida
Statutes; adding parenting to the definition of comprehensive
health education; providing that instruction in parenting shall
be developed by the Department of Education by rule; providing
an effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representatives Martinez, Moffitt, and A. E. Johnson-
HB 109-A bill to be entitled An act relating to inspection
warrants; creating ss. 933.20-933.30, Florida Statutes; providing
for the issuance of inspection warrants for suspected violations
of any state or local law or rule relating to municipal or county
building, fire, safety, plumbing, electrical, health, minimum
housing, or zoning standards; providing restrictions; providing
penalties for refusing to permit an authorized inspection and
for maliciously causing the issuance or execution of an inspec-
tion warrant; providing construction with respect to powers of
state or local government to conduct inspections; providing
restrictions on user of inspection warrant; providing an effec-
tive date.
Referred to the Committee on Judiciary.

By Representative Lippman-
HB 110-A bill to be entitled An act relating to the Public
Service Commission; creating s. 350.0615, Florida Statutes; pro-
hibiting operating expenses in rate-making proceedings to be
passed on to consumers; specifying prohibited operating ex-
penses; requiring reporting of expenses; authorizing the Public
Service Commission to adopt rules; providing an effective date.
Referred to the Committee on Energy.

By Representatives Gardner and A. E. Johnson-
HB 111-A bill to be entitled An act relating to state motor
vehicles; requiring the use of certain energy-saving devices,
equipment, and additives in specified state motor vehicles; pro-
viding an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives J. H. Smith, Danson, and Meffert-
HB 112-A bill to be entitled An act relating to elections;
repealing s. 98.271(3), Florida Statutes, as created by chapter
81-312, Laws of Florida, relating to the authorization of super-
visors of elections to appoint as deputy supervisors for certain
purposes county executive committee precinct committeemen
and committeewomen; providing an effective date.
Referred to the Committee on Ethics & Elections.

By Representative Hieber-



HB 113-A bill to be entitled An act relating to postsecondary
education; amending s. 240.401(3), Florida Statutes, directing



17



the Department of Education to make rules :with respect to
eligibility criteria for tuition vouchers; providing an effective
date.
Referred to the Committee on Education, Higher.

By Representatives Hieber and A. E. Johnson-
HB 114-A bill to be entitled An act relating to damage
by dogs; amending s. 767.04, Florida Statutes; providing that
an owner of a dog must keep it in an enclosed area to avoid
liability in the event of a dog bite; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Meffert-
HB 115-A bill to be entitled An act relating to criminal law;
amending s. 775.021(4), Florida Statutes, limiting the exemp-
tion of lesser included offenses from the types of offenses for
which a person may be separately sentenced; providing an
effective date.
Referred to the Committee on Criminal Justice.

By Representatives Hodes and A. E. Johnson-
HB 116-A bill to be entitled An act relating to state govern-
ment; creating a Florida Productivity Improvement Trust Fund
within the Executive Office of the Governor; providing for
the funding of proposals of state departments designed to
enhance productivity; providing general criteria; providing for
management productivity coordinators; providing for rules; pro-
viding for funding; providing for the disbursement of private
contributions; providing for reports; providing an appropriation;
providing effective and expiration dates.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives Brown and Sample-
HB 117-A bill to be entitled An act relating to building
construction standards; adding subsection (3) to s. 553.77,
Florida Statutes, and creating s. 553.781, Florida Statutes;
providing for establishment of a certification program for
building inspection personnel in Florida; providing for exami-
nations; providing for fees; providing a penalty; providing for
repeal and review in accordance with the Sundown Act; pro-
viding an effective date.
Referred to the Committees on Community Affairs and
Appropriations.

By Representative Shackelford-
HB 118--A bill to be entitled An act relating to the tax on
the lease or rental of real property; adding subsection (7) to
s. 212.031, Florida Statutes; exempting from such tax certain
property leased or rented by a fair association to a promoter
or operator of a carnival or midway attraction; providing an
effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative G. Hodges-
HB 119-A bill to be entitled An act relating to the Town
of Inglis, Levy County; providing an appropriation to the Town
of Inglis to compensate it for a revenue sharing warrant that
has expired; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Bush-



HB 120-A bill to be entitled An act relating to the Parole
and Probation Commission; repealing ss. 947.01, 947.02, 947.03,
947.04, 947.05, 947.06, 947.07, 947.071, 947.09, 947.095, 947.10,
947.11, 947.12 and 947.13, Florida Statutes, abolishing the com-
mission and deleting provisions relating to the commission and



January 18, 1982



JOURNAL OF THE HOUSE OF REPRESENTATIVES











18 JOURNAL OF :THE HOUSE

its powers, duties, members, and employees; transferring per-
sonnel, property and funds to the Department of Corrections;
providing an effective date.
Referred to the Committees on Corrections, Probations &
Parole and Appropriations.

By Representative Bush-
HM 121-A memorial to the Congress of the United States
making application to the Congress to call a convention for
the sole purpose of proposing an amendment to the Constitution
of the United States to more effectually protect the lives of
unborn human offspring.
Referred to the Committee on Judiciary.

By Representatives Bush, Woodburn, L. J. Hall, Hollings-
worth, Danson, Dyer, Ewing, L. R. Hawkins, Clements, A. E.
Johnson, Crotty, W. R. Hodges, Ready, Lehman, Allen, Grant,
Liberti, Reynolds, Watt, Kimmel, Nergard, Webster, Kiser,
Young, C. R. Smith, Brantley, Spaet, Myers, Bankhead, Melby,
and S. McPherson-
HB 122-A bill to be entitled An act relating to sentencing;
amending s. 921.143, Florida Statutes, providing for the appear-
ance of the victim prior to sentencing of persons found guilty
of an offense; requiring certain notification of the victim;
requiring the state attorney to advise the victim of plea nego-
tiations and permitting the victim to state his concurrence with
or objections thereto; creating s. 921.235, Florida Statutes,
requiring the preparation of victim impact statements by
certain agencies prior to sentencing; providing for the inclusion
of the statement in any presentence investigation report; re-
quiring the state attorney and probation officers to assist the
department; providing an effective date.
Referred to the Committees on Corrections, Probation &
Parole and Appropriations.

By Representative Bush-
HB 123-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;
providing definitions; requiring balanced treatment; prohibiting
religious instruction under certain circumstances; providing for
nondiscrimination; providing applicability; providing an effec-
tive date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representatives Ward and A. E. Johnson-
HB 124-A bill to be entitled An act relating to the Depart-
ment of Legal Affairs; creating s. 16.54, Florida Statutes,
requiring the department to establish a Florida Crime Pre-
vention Institute; establishing a revolving trust fund to finance
the institute; providing for the acceptance and deposit of certain
funds in the trust fund; providing an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Pajcic (by request)--
HB 125-A bill to be entitled An act relating to the City of
Jacksonville; providing an appropriation to compensate Susie
Mae Clark for the death of her husband, Elijah Clark, while a
patient at University Hospital of Jacksonville; providing an
effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Judiciary.

By Representative Tygart--



HB 126-A bill to be entitled An act relating to public
records; adding subsection (5) to s. 119.011, Florida Statutes,
and paragraph (1) to s. 119.07(3), Florida Statutes; exempting
public employee personnel records from disclosure requirements;
providing an effective date.
Referred to the Committee on Governmental Operations.



i]



dum; providing that the remainder shall be divided among the
county and municipal governments; providing procedures for
distribution of such revenues; creating s. 200.051, Florida Stat-
utes; providing for utilization of revenues designated for home-
stead property tax relief; providing for a credit against taxes
levied on parcels which have been granted additional homestead
exemption for school taxes; providing for utilization of revenues
designated for utility bill relief; providing for deductions from



E OF REPRESENTATIVES January 18, 1982

By Representatives Friedman, Spaet, and Silver- "
HB 127-A bill to be entitled An act relating to school food
service programs; amending s. 228.195(2), Florida Statutes;
authorizing the Commissioner of Education to recommend, and
requiring the State Board of Education to prescribe, rules and
standards covering foods sold in schools; requiring certain con-
tents in school vending machines; providing an effective date.
Referred to the Committee on Education, K-12.

By Representatives Dunbar and D. L. Jones-
HB 128-A bill to be entitled An act relating to saltwater
fisheries; providing definitions; prohibiting the possession or
transportation for the purpose of sale of redfish or speckled
sea trout; providing for the application of the act; requiring
persons who import such fish to be licensed; providing penalties
for violations; providing daily catch and retention limits with
respect to redfish and speckled sea trout; authorizing the
Department of Natural Resources to adopt rules for- open^ and
closed seasons; providing for the regulation of commercial uses
of redfish and speckled sea trout; providing an effective date.
Referred to the Committees on Natural Resources and APpro-
priations.

By Representative M. E. Hawkins-
HB 129-A bill to be entitled An act relating to obstructing
justice; amending s. 843.16, Florida Statutes, prohibiting the
possession or installation of certain radio equipment in motor
vehicles, business establishments, or residences; providing an
effective date.
Referred to the Committee on Criminal Justice.

By Representative Clements-
HB 130-A bill to be entitled An act relating to the Florida
Highway Patrol; repealing s. 321.11, Florida Statutes, to remove
the prohibitions against political activity by Florida Highway
Patrol officers or members; providing an effective date.
Referred to the Committee on Transportation.

By Representative W. R. Hodges-
HB 131-A bill to be entitled An act relating to electrical
standards; amending s. 553.19, Florida Statutes; prescribing
minimum electrical standards in the state; providing appli-
cability; providing an effective date.
Referred to the Committee on Community Affairs.

By Representatives Fox, Sadowski, A. E. Johnson and
Thompson-
HB 132-A bill to be entitled An act relating to judicial
nominating commissions; adding subsection (4) to s. 43.29,
Florida Statutes; providing for establishment of uniform rules
of procedure for judicial nominating commissions; providing
that commission meetings and records shall be open and accessi-
ble to the public; providing for exemptions; providing an effec-
tive date.
Referred to the Committee on Judiciary.

By Representatives Ogden and A. E. Johnson.- -
HB 133-A bill to be entitled An act relating to tax on sales,
use and other transactions; creating s. 212.057, Florida Statutes,
authorizing counties to levy an additional 1 percent sales tax
subject to referendum; providing for expiration unless renewed
by referendum; providing for application of existing collection
and administrative procedures and penalties; providing notice
and ballot requirements; providing that a portion of the reve-
nues of the tax be used for homestead property tax relief or
residential electric utility bill relief, as determined by referen-














monthly electric bills; specifying that revenues from said tax
not be included in revenue sharing computations; providing an
effective date.
Referred to the Committee on Finance & Taxation.

By Representatives Hattaway and A. E. Johnson--
HJR 134-A joint resolution proposing an amendment to
Section 16, Article III of the State Constitution, relating to
apportionment by the Legislature.
Referred to the Select Committee on Reapportionment.

By Representatives Hattaway and A. E. Johnson-
HJR 135-A joint resolution of apportionment; providing for
the apportionment of the House of Representatives and the
Senate into single-member districts; providing an effective date.
Referred to the Select Committee on Reapportionment.

By Representative Clements-
HB 136-A bill to be entitled An act relating to construction
contractors; amending s. 489.105(3), Florida Statutes; providing
for regulation of masonry contractors by the Construction In-
dustry Licensing Board; defining "masonry contractor"; amend-
ing s. 489.103(7), Florida Statutes; providing that part I of
chapter 489, Florida Statutes, does not apply to owners of
property building or making improvements at less than a
specified cost; providing an effective date.
Referred to the Committee on Tourism & Economic Develop-
ment.

By Representatives Watt and A. E. Johnson-
HB 137-A bill to be entitled An act relating to postsecondary
education; amending s. 240.401(2), Florida Statutes, to provide
for the issuance of state tuition vouchers to students registered
at certain colleges or universities which grant baccalaureate or
associate degrees; providing an effective date.
Referred to the Committees on Education, Higher and Appro-
priations.

By Representatives Meek, Rosen, and A. E. Johnson-
HB 138-A bill to be entitled An act relating to the Depart-
ment of Administration; directing the department to make rules
for the creation of a shared employment program; requiring
state agencies to participate in such a program; providing an
effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representative Williams-
HB 139-A bill to be entitled An act relating to state uniform
traffic control; repealing s. 316.211, Florida Statutes, relating
to required protective headgear and eye-protective devices for
motorcycle riders; providing an effective date.
Referred to the Committee on Transportation.

By Representatives Williams and A. E. Johnson-
HB 140-A bill to be entitled An act relating to homeopathic
practice; providing intent; providing definitions; providing for
applicability; providing for a Board of Homeopathic Examiners;
providing membership and terms of the board; providing licen-
sure requirements and eligibility requirements for examination;
providing for issuance of license by endorsement; providing
disciplinary actions and penalties and specific grounds therefore;
prohibiting sexual misconduct; requiring homeopathic organiza-
tions to provide certain notification of disciplinary actions taken
against homeopathic physicians; providing criminal penalties;
providing for the renewal of licenses; providing for inactive
status; providing for registration of homeopathic schools; pro-
viding for review and repeal in accordance with the Regulatory
Sunset Act; providing an effective date.



Referred to the Committees on Tourism & Economic Develop-
ment and Appropriations.



19



HB 141-Withdrawn

By Representative Richmond-
HB 142-A bill to be entitled An act relating to public
utilities; amending s. 366.02(1), Florida Statutes, redefining
the term "public utility" to include rural electric cooperatives;
providing for review and repeal in accordance with the Regu-
latory Sunset Act; providing an effective date.
Referred to the Committees on Energy and Appropriations.

By Representative Tygart-
HB 143-A bill to be entitled An act relating to law enforce-
ment; adding subsection (9) to s. 943.058, Florida Statutes,
requiring that persons who desire to have criminal history
records sealed or expunged must satisfy certain liens created
pursuant to law for attorney's fees and costs of the public
defender; providing that court orders to the contrary shall be
null and void; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative B. L. Johnson-
HJR 144-A joint resolution proposing an amendment to
Section 1 of Article VII of the State Constitution relating to
state appropriations.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Allen-
HB 145-A bill to be entitled An act relating to motor vehi-
cles; adding subsection (4) to s. 316.1945, Florida Statutes, and
amending s. 715.07(2) (a), Florida Statutes; providing that when
an illegally parked motor vehicle is removed by a law enforce-
ment officer or when a motor vehicle parked on private property
without permission is caused to be removed by the property
owner, the vehicle owner shall be notified by mail; providing
an effective date.
Referred to the Committee on Transportation.

By Representative Allen-
HB 146-A bill to be entitled An act relating to abandoned
property; amending s. 705.16(3) and (4), Florida Statutes, and
adding new subsection (5) thereto; providing that the owner
of an abandoned motor vehicle or boat is liable to the local
government for costs of removal and destruction; providing for
notice; providing that such person shall not be entitled to
register another vehicle or boat, as applicable, until such costs
are paid; providing an effective date.
Referred to the Committee on Community Affairs.

By Representatives Nuckolls, J. H. Smith, and A. E. Johnson-
HB 147-A bill to be entitled An act relating to obstructing
justice; creating s. 843.185, Florida Statutes, prohibiting the
obstruction of justice by false information; providing a penalty;
providing an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Nuckolls, Burrall, and Brodie-
HB 148-A bill to be entitled An act relating to criminal
penalties; amending s. 775.087(2), Florida Statutes, increasing
to 5 years the minimum mandatory sentence for committing
described crimes in which a firearm or destructive device is in
the possession of the perpetrator; amending s. 782.04(2) and
(3), Florida Statutes, providing a minimum mandatory 10-year
sentence for the crime of second degree murder; amending s.
784.021(2), Florida Statutes, providing a minimum mandatory
1-year sentence for the crime of aggravated assault; adding
subsection (6) to s. 794.011, Florida Statutes, providing a mini-
mum mandatory sentence of 10 years for the crime of sexual
battery; adding subsection (4) to s. 810.02, Florida Statutes,
providing a minimum mandatory sentence of 3 years for the
crime of burglary; providing an effective date.



Referred to the Committees on Criminal Justice and Appro-
priations.



January 18, 1982



JOURNAL OF THE HOUSE OF REPRESENTATIVES













By Representative Nuckolls-
HB 149-A bill to be entitled An act relating to the South
Florida Water Management District; amending s. 373.073(1),
Florida Statutes, providing for an additional member on the
governing board of the district; requiring that the additional
member shall reside in Lee County; providing an effective date.
Referred to the Committee on Natural Resources.

By Representatives Friedman and Kutun-
HB 150-A bill to be entitled An act relating to excise tax
on documents; creating s. 125.0167, Florida Statutes; authoriz-
ing each county to levy a discretionary surtax for home owner-
ship and rental assistance purposes; providing limitations and
procedures; creating s. 201.031, Florida Statutes; providing for
the levy of the surtax; providing for the administration, collec-
tion, and distribution of the proceeds of the surtax; requiring
an annual report; providing an effective date.
Referred to the Committees on Community Affairs and
Finance & Taxation.

By Representative Crotty-
HB 151-A bill to be entitled An act relating to unemploy-
ment compensation; adding subsection (7) to s. 443.151, Florida
Statutes, providing that, in any administrative proceeding under
the Unemployment Compensation Law, any officer or full-time
employee of an employer or officer or full-time employer of
any trade or business association in which the employer is a
member is qualified to represent his employer, and any officer
or full-time employee of a labor organization is qualified to
represent a claimant; providing an effective date.
Referred to the Committee on Commerce.

By Representative Robinson-
HB 152-A bill to be entitled An act relating to the Depart-
ment of General Services; requiring the department to establish
a mail service within the Capitol Center; requiring survey and
report; authorizing contracts with private entities; requiring
certain agencies to use such services; providing exceptions;
providing an appropriation; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Kimmel-
HB 153-A bill to be entitled An act relating to legal adver-
tisements; amending s. 50.011, Florida Statutes; requiring that
the name of the entity required to publish a legal advertisement
or notice appear in capital letters at the top of the notice;
providing an effective date.
Referred to the Committee on Judiciary.

By Representatives Lippman, Evans-Jones, D. L. Jones,
Gordon, and Spaet--
HB 154-A bill to be entitled An act relating to highway
safety; creating s. 316.268, Florida Statutes, providing child
restraint requirements; providing a penalty; providing an effec-
tive date.
Referred to the Committee on Transportation.

By Representative Allen--
HB 155-A bill to be entitled An act relating to administrative
procedure; amending s. 120.54(2) (a) and (8), Florida Statutes;
prohibiting adoption, amendment or repeal of any rule by a
state agency that would require additional expenditure by a
local government unless sufficient funds are appropriated there-
for by the Legislature; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representatives Lippman and Lehman--



HB 156-A bill to be entitled An act relating to controlled
substances; adding a paragraph to s. 893.03(1), Florida Stat-
utes, and amending subsection (2)(c), transferring metha-



January 18, 1982



qualone from a Schedule II to a Schedule I substance; amending
s. 893.13(1) (a), (c), and (d), Florida Statutes, conforming
applicable penalty provisions; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Lehtinen-
HB 157-A bill to be entitled An act relating to sentencing;
creating s. 921.001, Florida Statutes, authorizing the Supreme
Court to develop and implement statewide sentencing guidelines;
providing restrictions; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Brown and Wetherell-
HB 158-A bill to be entitled An act relating to ad valorem
tax exemption; amending s. 196.1986, Florida Statutes; revising
the description of community center property which is exempt
from ad valorem taxation; providing an effective date.
Referred to the Committee on Finance & Taxation.

By Representative Patterson-
HB 159-A bill to be entitled An act relating to the executive
branch of government; providing for review and abolishment
of all executive departments and divisions in accordance with
a 10-year schedule; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Messersmith-
HB 160-A bill to be entitled An act relating to transpor-
tation of school children; amending ss. 230.23(8), 230.33(10),
and 234.061, Florida Statutes; providing for the designation of
bus routes and nontransportation zones by each district school
board by rule; deleting duty of the district superintendent to
recommend such routing and zones; providing an effective date.
Referred to the Committee on Education, K-12.

By Representative J. H. Smith-
HB 161-A bill to be entitled An act relating to consumer
protection; providing legislative intent; providing definitions;
requiring full disclosure of certain information upon sale or
consignment of visual art objects produced in multiples; requir-
ing art catalogues, etc., to contain such information or certain
notice; providing for posting of notice in places of business
where art multiples are sold; specifying information required
to be supplied to the buyer upon sale, depending upon the time
period in which the art multiple was produced; providing that
the furnishing of required information shall constitute an ex-
press warranty as to the information provided, within certain
limits and with specified exceptions; providing for disclaiming
of knowledge as to such information; providing for construction
of the act with respect to the rights, liabilities, and remedies
created thereby; providing for remedies and enforcement; pro-
viding for treble damages in certain instances; providing for
payment of court costs, attorney's fees, and expert witness fees;
providing for limitation of actions; providing that violation of
the act shall be deemed to be a violation of part II of chapter
501, Florida Statutes, the "Florida Deceptive and Unfair Trade
Practices Act"; providing that repeated violation shall consti-
tute a scheme to defraud; providing a penalty; providing for
severability; providing for applicability; providing an effective
date.
Referred to the Committee on Commerce.

By Representatives C. A. Hall, Spaet, Cosgrove, W. R. Hodges,
and Myers-
HB 162-A bill to be entitled An act relating to the Florida
Public Service Commission; amending s. 350.01, Florida Stat-
utes; providing for a 5-member, elective commission; specifying
terms of office; providing for election from districts; termi-
nating existing terms; repealing ss. 350.001, 350.031, Florida
Statutes, relating to legislative intent regarding an elected com-
mission and relating to the Florida Public Service Commission



Nominating Council; providing an effective date.
Referred to the Committees on Commerce and Appropriations.



JOURNAL OF THE HOUSE OF REPRESENTATIVES











JOURNAL OF THE HOUSI



HB 163-Withdrawn

By Representatives Ready, C. F. Jones, Allen, and Clements-
HB 164-A bill to be entitled An act relating to the phosphate
severance tax; amending s. 211.3103(1) and (2), Florida Stat-
utes; revising the distribution of the proceeds of such tax;
providing an effective date.
Referred to the Select Committee on Mining & Reclamation
and the Committees on Finance & Taxation and Appropriations.

By Representatives A. E. Johnson, Hazouri, and Lewis-
HB 165-A bill to be entitled An act relating to boiler safety
regulations; creating the "Boiler Safety Act"; defining "boiler";
directing the Insurance Commissioner and Treasurer to adopt
rules; providing for rules with respect to new and existing
boiler installations; providing exemptions; providing an effec-
tive date.
Referred to the Committees on Insurance and Appropriations.

By Representative M. E. Hawkins-
HB 166-A bill to be entitled An act relating to education;
creating s. 232.46, Florida Statutes, exempting principals and
teachers from liability for reporting suspected drug abuse by
pupils; providing an effective date.
Referred to the Committee on Judiciary.

By Representative M. E. Hawkins-
HB 167-A bill to be entitled An act relating to intestate
succession and wills; amending s. 732.802, Florida Statutes,
which restricts persons convicted of murder from inheriting or
taking any part of the estate of te murdered person, to expand
such restriction to include the crime of manslaughter; providing
an effective date.
Referred to the Committee on Judiciary.

By Representatives Clements and Lehman-
HB 168-A bill to be entitled An act relating to controlled
substances; amending s. 893.135, Florida Statutes; providing
that any person who agrees, conspires, combines, or confederates
with another person to traffic in specified controlled substances
is guilty of a felony of the first degree; providing that such
person be punished as if he had actually committed such pro-
hibited act; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Evans-Jones-
HB 169-A bill to be entitled An act relating to tax on sales,
use and other transactions; amending s. 212.04(2)(b), Florida
Statutes; exempting admissions to fundraising efforts held by
groups representing school-sponsored organizations; providing
an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Meffert-
HB 170-A bill to be entitled An act relating to depositions
in criminal proceedings; creating s. 914.16, Florida Statutes,
prohibiting the taking of depositions of juveniles in criminal
proceedings unless taken before a judicial officer; providing for
waiver; repealing Florida Rule of Criminal Procedure 3.220(d)
to the extent of its conflict with this act; providing an effective
date.
Referred to the Committee on Criminal Justice.

By Representative Kimmel-



HB 171-A bill to be entitled An act relating to the adminis-
tration of estates; amending s. 733.304, Florida Statutes; pro-
viding that persons with a substantial interest in the estate



January 18, 1982



cost or the lowest true interest cost, as determined by resolu-
tion of the division; amending s. 170.09, Florida Statutes; revis-
ing interest rate and number of yearly installments for payment
of special assessments for municipal improvements; amending
s. 170.17, Florida Statutes; revising specified denomination and



OF REPRESENTATIVES 21

and certain relatives of the decedent's spouse may qualify as a
nonresident personal representative of the estate; providing an
effective date.
Referred to the Committee on Judiciary.

By Representative Nuckolls-
HB 172-A bill to be entitled An act relating to water and
sewer systems; amending s. 153.05(9), Florida Statutes, pro-
viding for the maximum interest rate chargeable on assessments
on water system improvements and sanitary sewers; providing
an effective date.
Referred to the Committee on Community Affairs.

By Representatives Reynolds, C. A. Hall, and Kutun-
HB 173-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.0515(2) (a), Florida Stat-
utes, and adding subsection (7) thereto, including certain bomb
disposal personnel within the special risk class; providing that
certain special risk members who assume certain administrative
support positions shall be allowed to count such service toward
the special risk normal retirement date under certain conditions;
providing for retroactive application; amending s. 121.071(2),
Florida Statutes, providing for contributions; providing an
effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representative Martin-
HB 174-A bill to be entitled An act relating to the Health
Program Office of the Department of Health and Rehabilitative
Services; amending s. 20.19(3) (b), Florida Statutes, including
within the responsibilities of the department the provision of
available medical services and programs to persons with multi-
ple sclerosis; providing an effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By the Committee on Community Affairs-
HB 175-A bill to be entitled An act relating to financial
matters; amending s. 218.37, Florida Statutes; providing defini-
tions; providing duties of the Division of Bond Finance of the
Department of General Services with respect to general obliga-
tion bonds and revenue bonds of units of local government and
the state; providing for rules; providing duties of the advisory
council to the division; amending s. 218.38, Florida Statutes;
providing duties of units of local government with respect to
information furnished the division regarding outstanding bonds
and new bond issues; revising provisions relating to information
filed with the division after delivery of bonds sold at public
sale by competitive bid; exempting certain bonds from such
provisions; requiring that certain information be filed with the
division after delivery of certain bonds sold by negotiated bond
sales; requiring the underwriter or financial consultant to file
certain information with the unit of local government; requiring
that information regarding both types of bond issues be main-
tained by the division and the unit of local government as a
public record; providing for verification of information on
bonded obligations by units of local government upon request
of the division; providing procedures when the unit of local
government fails to verify or provide required information;
amending s. 218.385, Florida Statutes; deleting certain specific
requirements with respect to a resolution authorizing a nego-
tiated sale; requiring information regarding any finder to be
furnished to the unit of local government by certain persons;
specifying that failure to comply with said section or s. 218.38,
Florida Statutes, shall not affect the validity of a bond issue;
providing for application of certain sanctions; amending s.
218.386, Florida Statutes; redefining "finder"; prohibiting pay-
ment of finders' fees by financial advisers unless disclosure is
made; specifying that violation of the section shall not affect
the validity of a bond issue; amending s. 215.68(5) (c), Florida
Statutes; allowing bonds issued pursuant to the State Bond Act
to be awarded on the basis of either the lowest net interest











JOURNAL OF THE HOUSE OF REPRESENTATIVES



interest rate for improvement bonds; amending s. 153.05(9),
Florida Statutes; providing a cap on interest rates charged on
special assessments for water and sewer improvements; amend-
ing s. 153.73(11)(a), Florida Statutes, and adding subsection
(14) thereto, to authorize changes in interest on, and duration
of, installment payments on assessments under certain circum-
stances; providing for repeal and review of the advisory council
in accordance with the Sundown Act; providing an effective
date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By the Committee on Regulatory Reform-
HB 176-A bill to be entitled An act relating to sunset
review; providing intent; repealing section 2 of chapter 81-4,
section 7 of chapter 81-67, section 2 of chapter 81-101, section 6
of chapter 81-115, section 3 of chapter 81-117, section 2 of
chapter 81-134, section 3 of chapter 81-148, section 5 of chapter
81-152, section 4 of chapter 81-156, section 7 of chapter 81-172,
section 21 of chapter 81-177, section 12 of chapter 81-179, sec-
tion 6 of chapter 81-184, section 2 of chapter 81-194, section 8
of chapter 81-209, section 2 of chapter 81-215, section 6 of
chapter 81-227, section 2 of chapter 81-253, section 3 of chapter
81-282, section 6 of chapter 81-289, section 25 of chapter 81-292,
sections 15, 18, 21, 24, and 26 of chapter 81-302, and subsection
(1) (q) of section 2 of chapter 81-318, Laws of Florida, all of
which provide conflicting repeal dates for various provisions
of the Florida Statutes scheduled for future review and repeal
in accordance with the Regulatory Sunset Act; repealing ss.
231.381(2), 400.023(2), 400.063(5), 400.126(12), 400.179(5), 400.-
418(2), 400.419(7), 400.422(13), 400.426(2), 400.428(9), 400.-
429(2), 400.435(4), 400.452(2), 400.454(3), 624.031(2), and 626.-
342(4), Florida Statutes, 1980 Supplement, and ss. 627.574(3),
627.575(3), and 627.669(6), Florida Statutes, removing obsolete
review and repeal provisions; repealing section 3 of chapter
81-57, section 2 of chapter 81-74, and section 6 of chapter 81-81,
Laws of Florida, which schedule ss. 468.144, 509.291, and 616.-
251, Florida Statutes, respectively, for review and repeal pur-
suant to the Sundown Act on dates other than those on which
the same sections are scheduled for review and repeal pursuant
to the Regulatory Sunset Act; providing an effective date.
Placed on the Calendar without reference.

By Representative Moore--
HB 177-A bill to be entitled An act relating to the Florida
Revenue Sharing Act of 1972; adding a subsection to s. 218.26,
Florida Statutes; requiring the Department of Revenue, under
specified conditions, to transfer by wire to an eligible unit of
local government certain funds by a certain date; providing an
effective date.
Referred to the Committees on Community Affairs, Finance
& Taxation, and Appropriations.

By Representatives Gordon, S. McPherson, Sadowski, Spaet,
Young, Davis, T. McPherson, Sheldon, Lippman, Cox, Reynolds,
Martin, Weinstock, Thompson, Upchurch, Hazouri, Crotty, L. J.
Smith, Steele, and Sample-
HB 178-A bill to be entitled An act relating to weapons and
firearms; creating s. 790.29, Florida Statutes; creating the State
Civil Obedience Act; prohibiting paramilitary training; provid-
ing a penalty; providing an exemption; providing an effective
date.
Referred to the Committee on Criminal Justice.

By Representatives Gordon, Fox, Sheldon, Lippman, Lehman,
Spaet, Cox, Burrall, G. Hodges, Woodruff, Danson, Liberti,
Weinstock, Martin, Mann, Thompson, Hazouri, Carlton, and
Bell-
HB 179-A bill to be entitled An act relating to spouse
abuse; amending s. 409.602(4) and (5), Florida Statutes, rede-
fining the terms "spouse" and "victim"; amending s. 409.605-
(1)(a) and (b) and (5), Florida Statutes, and adding paragraph
(e) to subsection (1); providing for the use of spouse abuse



centers by dependents of victims; requiring spouse abuse centers
to participate in the provision of orientation and training pro-
grams for certain professionals and paraprofessionals; eliminat-
ing the funding cap for individual centers; providing for method
of allocation; amending s. 741.30, Florida Statutes, as amended



by chapter 81-259, Laws of Florida, authorizing persons to file
complaints of spouse abuse with a law enforcement agency or
the clerk of the circuit court; exempting spouse abuse victims
from filing fees for petitioning the court for an order to restrain
an abusive spouse; requiring additional information on the peti-
tion for an order to restrain an abusive spouse; requiring that
the abusive spouse be served the restraining order within 24
hours from issuance without charge to the victim; providing for
sanctions against an abusive spouse who violates a restraining
order; providing for collection and disbursement of revenues
for fines against an abusive spouse who violates a restraining
order; providing an effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representatives C. F. Jones and R. C. Johnson-
HB 180-A bill to be entitled An act relating to unemploy-
ment compensation; amending s. 443.111(1), Florida Statutes,
providing for reporting for and payment of benefits by mail;
providing effective and expiration dates.
Referred to the Committees on Commerce and Appropriations.

By Representative Hattaway-
HB 181-A bill to be entitled An act relating to insurance;
creating the "Amusement Ride and Attraction Safety Insurance
Act"; providing definitions; requiring insurance or bonds with
respect to owners or operators of amusement rides and attrac-
tions; providing exemptions; providing penalties; providing an
effective date.
Referred to the Committees on Insurance and Appropriations.

By the Committee on Insurance-
HB 182-A bill to be entitled An act relating to liquefied
petroleum gas; repealing s. 11.6105(1) (q), Florida Statutes,
appearing in chapter 81-318, Laws of Florida, relating to Sunset
review and repeal of chapter 527, Florida Statutes, scheduled
October 1, 1982; repealing s. 19 of chapter 81-175, Laws of
Florida, relating to Sunset review and repeal of chapter 527,
Florida Statutes, scheduled July 1, 1987; providing for review
and repeal of chapter 527, Florida Statutes, relating to liquefied
petroleum gas, on October 1, 1987; providing an effective date.
Placed on the Calendar without reference.

By Representative Myers-
HB 183-A bill to be entitled An act relating to the Florida
Public Service Commission; amending s. 350.117(2), Florida
Statutes, and adding subsection (4) thereto, requiring the com-
mission to perform management and operation audits of regu-
lated companies; requiring the commission to consider such
audits in setting rates; providing for legislative oversight of
such audits; amending s. 366.06(1), Florida Statutes, providing
that investment property owned by a public utility and con-
struction in progress shall not be considered in setting rates
under certain circumstances; providing for determination of
rates of return; amending s. 366.071(1) and (5), Florida Stat-
utes, relating to the setting of interim rates; providing for
review and repeal in accordance with the Regulatory Sunset
Act; providing an effective date.
Referred to the Committees on Energy and Appropriations.

By Representative L. J. Smith-
HB 184-A bill to be entitled An act relating to financial
responsibility; amending s. 627.731, Florida Statutes, providing
legislative intent with respect to required financial responsi-
bility for the operation of motor vehicles; adding a subsection
to s. 627.732, Florida Statutes, defining "motor vehicle liability
insurance" and requiring policies to contain certain provisions;
amending s. 627.733, Florida Statutes, specifying the amount of
required motor vehicle liability insurance coverage; amending
s. 627.734, Florida Statutes, prohibiting the registration or
licensing of motor vehicles until the owner furnishes certain



proof of security; requiring certain notice of cancellation for
failure to renew motor vehicle insurance policies; amending s.
627.735, Florida Statutes, authorizing the suspension or revoca-
tion of operators' licenses and motor vehicle registrations for
failure to comply with financial responsibility requirements;



22



January 18, 1982











JOURNAL OF THE HOUSE



providing for reinstatement; providing penalties for failure to
return suspended licenses or registrations to the Department of
Highway Safety and Motor Vehicles; providing an effective
date.
Referred to the Committee on Insurance.

By Representative Mitchell-
HB 185-A bill to be entitled An act relating to public offi-
cers and employees; amending s. 112.061(6) and (7) (a) and
(d), Florida Statutes, as amended; providing per diem and sub-
sistence allowances for conduct of official state business within
the United States and outside the country; providing for reim-
bursement of only actual expenses when lodging or meals are
provided at a state institution; authorizing agencies to enter
into certain contractual agreements which limit travel expense
reimbursements to actual costs; providing that the extra cost
of transportation by a method other than that designated as
most economical shall be borne by the traveler and that any
extra time for travel by such method shall be annual leave;
providing an alternative mileage allowance for official travel
using a privately owned vehicle; providing an effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representative Robinson-
HB 186-A bill to be entitled An act relating to surplus
property; adopting the temporary plan as the legislative plan;
providing for amending the plan; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representatives Tygart and Lippman-
HB 187-A bill to be entitled An act relating to workers'
compensation; adding subsection (5) to section 440.09, Florida
Statutes, specifying circumstances under which an employee
shall be deemed to have been within the course of employment;
providing an effective date.
Referred to the Committee on Insurance.

By Representative R. C. Johnson-
HB 188-A bill to be entitled An act relating to equal
accommodations for physically disabled persons; amending s.
413.08(1) (a), (2), and (4), Florida Statutes, and adding a
subsection; including otherwise physically disabled persons with-
In a list of certain disabled persons who are entitled to full
and equal accommodations at all public places; providing that
no physical modifications to structures, vehicles, or facilities be
required; providing a definition; providing an effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representative R. C. Johnson-
HB 189-A bill to be entitled An act relating to jurors;
amending s. 40.013(4), Florida Statutes, and adding subsection
(9) thereto, modifying provisions relating to persons who may
be excused from jury service; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Meffert--
HB 190-A bill to be entitled An act relating to transpor-
tation of compressed gases; providing a limitation of liability
when rendering certain voluntary assistance in certain emer-
gency situations; excepting from such limitation of liability
assistance rendered for profit; providing that the act does not
preclude liability for assistance rendered by one who is guilty
of gross negligence or intentional misconduct; providing an
effective date.
Referred to the Committee on Judiciary.

By Representative Lehman--



HB 191-A bill to be entitled An act relating to local occu-
pational license taxes; creating s. 205.1955, Florida Statutes,
prohibiting issuance of occupational licenses to physicians and



January 18, 1982



Laws of Florida, removing provisions authorizing the depart-
ment to lease facilities of the prison industry program to a
nonprofit corporation; repealing provisions relating to private
employment of inmates; providing an effective date.
Referred to the Committees on Corrections, Probation &
Parole and Appropriations.



OF REPRESENTATIVES 23

osteopaths under certain circumstances; providing an effective
date.
Referred to the Committee on Community Affairs.

By Representative Webster-
HB 192-A bill to be entitled An act relating to the Depart-
ment of Transportation; amending s. 334.21, Florida Statutes;
revising requirements and deadlines with respect to preparation
of the 5-year construction plan and the annual program budget
by the department; providing for proposed and final annual
program budgets; providing requirements with respect to sub-
stitution of projects in the plan and budget; providing an
effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representative Hollingsworth-
HB 193-A bill to be entitled An act relating to county and
municipal prisoners; amending s. 951.23(2) (b), Florida Statutes,
relating to rulemaking authority of the Department of Correc-
tions, to remove a requirement with respect to the housing of
such prisoners; providing an effective date.
Referred to the Committee on Corrections, Probation &
Parole.

By Representative Moore-
HB 194-A bill to be entitled An act relating to apprentices;
adding subsection (4) to s. 446.011, Florida Statutes, providing
legislative intent with respect to apprentices; reenacting and
amending s. 446.031(2), Florida Statutes, as amended, prohibit-
ing the Division of Labor of the Department of Labor and
Employment Security from establishing certain rules, standards,
or guidelines with respect to apprentices and trainees; providing
an effective date.
Referred to the Committee on Commerce.

By Representative Thompson-
HB 195-A bill to be entitled An act relating to bridge
designation; designating the Carrabelle River Bridge on U.S.
Highway 98 in Franklin County as the Tillie Miller Bridge;
providing for appropriate markers to be erected by the Depart-
ment of Transportation; providing an effective date.
Referred to the Committee on Transportation.

By Representative Davis-
HB 196-A bill to be entitled An act relating to motor vehi-
cle registration; amending s. 320.05, Florida Statutes, requiring
positive proof of identification as a prerequisite to inspection
of registration records; requiring the Department of Highway
Safety and Motor Vehicles to keep certain records for a speci-
fied period of time; providing that certain firms, institutions,
and agencies may obtain information by means of telecommuni-
cations; providing an effective date.
Referred to the Committee on Transportation.

By Representatives Kelly, C. R. Smith, Mitchell, and L. J.
Hall-
HB 197-A bill to be entitled An act relating to corrections;
amending s. 20.315(4), Florida Statutes, creating a Florida
Prison Board as head of the Department of Corrections; pro-
viding for appointment of the department secretary by the
board; amending s. 944.012, Florida Statutes, changing legis-
lative intent with respect to the state correctional system;
creating ss. 944.013 and 944.014, Florida Statutes, establishing
the Florida Prison Board and providing the membership, terms,
compensation, and duties of the board; repealing ss. 944.514
and 945.135, Florida Statutes, as created by chanter 81-125.











24



JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Myers-
HR 198-A resolution commending the Chapman School of
Seamanship for its contributions to the state and designating
the school as the Maritime School of Florida.
Placed on the Calendar without reference.

By Representative Myers-
HR 199-A resolution commending the Sailfish Cloggers,
representing Florida at the Knoxville World's Fair.
Placed on the Calendar without reference.

By Representative Silver-
HB 200-A bill to be entitled An act relating to parking
ticket violations; amending s. 316.1967, Florida Statutes, and
adding subsection (6) to s. 320.03, Florida Statutes, 1980 Sup-
plement, as amended; providing for notification to the registered
owner of a cited vehicle under certain conditions; providing
that any person who has any outstanding parking violation
shall not be entitled to be issued a license tag or revalidation
sticker; providing duties of clerks of county courts and traffic
violations bureaus; specifying application to private license tag
agents; providing an effective date.
Referred to the Committee on Transportation.

By Representative Silver-
HB 201-A bill to be entitled An act relating to speed
calculating devices; amending s. 316.1905(1) and (3) (a), Florida
Statutes, adding the term "radar," as defined elsewhere, to a
list of speed calculating devices; providing for the required
accuracy of radar devices; providing an effective date.
Referred to the Committee on Transportation.

By Representative S. McPherson-
HJR 202-A joint resolution proposing an amendment to
Section 4 of Article VII and the creation of Section 20 of
Article XII of the State Constitution relating to assessment of
real property.
Referred to Committees on Finance & Taxation and Appro-
priations.

By Representative D. L. Jones-
HB 203-A bill to be entitled An act relating to adult con-
gregate living facilities; amending s. 400.417(1), Florida Stat-
utes, providing that certain applicants for renewal licenses to
operate adult congregate living facilities shall not be required
to provide proof of financial ability; providing exceptions;
amending s. 400.434, Florida Statutes, prohibiting random sam-
ple auditing; providing exceptions; providing for review and
repeal in accordance with the Regulatory Sunset Act; providing
an effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representative Deratany-
HB 204-A bill to be entitled An act relating to drivers'
licenses; amending s. 322.18(3), (4), and (7), Florida Statutes,
providing a period for delinquent renewal of drivers' licenses
without penalty; providing an effective date.
Referred to the Committee on Transportation.

By Representative Fox-
HB 205-A bill to be entitled An act relating to the desig-
nation of a state opera; creating s. 15.044, Florida Statutes;
designating the Greater Miami Opera Association as the official
state opera; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representatives Lewis and Carlton--



HB 206-A bill to be entitled An act relating to traffic
control; amending s. 316.193, Florida Statutes, increasing the



January 18, 1982



penalties for repeated driving while under the influence of
alcoholic beverages, model glue, or controlled substances or
driving with an unlawful blood alcohol content; requiring re-
ferral to alcohol rehabilitation facilities and providing penalties
for failure to comply; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Lewis and Carlton-
HB 207-A bill to be entitled An act relating to the Florida
Uniform Traffic Control Law; creating s. 316.1931, Florida
Statutes, prohibiting the consumption of alcoholic beverages
while operating a motor vehicle or moped; providing penalties;
providing an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representatives Robinson, Lippman, Mann, and M. E.
Hawkins-
HB 208-A bill to be entitled An act relating to the Health
Facilities and Health Services Planning Act; amending s. 381.-
493(3)(q) and (s), Florida Statutes, modifying the definitions
of "major medical equipment" and "institutional health serv-
ices" to increase certain monetary limits relative thereto;
amending s. 381.494(1)(c), (g), (1), (m), and (n), Florida
Statutes, modifying provisions relative to projects which require
certificates of need; providing an effective date.
Referred to the Select Committee on Health Care Cost Con-
tainment & Planning.

By Representatives B. L. Johnson and Robinson-
HB 209-A bill to be entitled An act relating to adult con-
gregate living facilities; amending s. 400.402(8), Florida Stat-
utes, redefining the term "personal services"; amending s. 400.-
426(1), Florida Statutes, relating to required examination of
residents of adult congregate living facilities; providing for
review and repeal in accordance with the Regulatory Sunset
Act; providing an effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

HB 210-Withdrawn

By the Select Committee on Health Care Cost Containment &
Planning-
HB 211-A bill to be entitled An act relating to health care
cost containment; saving part II of chapter 395, Florida Stat-
utes, from sunset review and repeal scheduled October 1, 1982;
providing for review and repeal of part II of chapter 395,
Florida Statutes, relating to health care cost containment, on
October 1, 1985; providing an effective date.
Referred to the Committees on Regulatory Reform and
Appropriations.

By the Committee on Corrections, Probation & Parole-
HB 212-A bill to be entitled An act relating to the corporate
income tax; creating s. 220.1805, Florida Statutes, providing
for a credit to be allowed against the tax imposed under the
corporate income tax to businesses which employ certain persons
who are under the custody, control or supervision of the Depart-
ment of Corrections; providing for computation of the credit
based on wages paid; amending s. 220.13(1) (a), Florida Stat-
utes, specifying that the portion of wages or salaries equal to
such credit shall be added in computing "adjusted federal
income" for corporate income tax purposes; adding subsection
(9) to s. 220.02, Florida Statutes, providing for order of appli-
cation of credits; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative T. McPherson--



HB 213-A bill to be entitled An act relating to saltwater
fishing; adding subsections (19) and (20) to s. 370.01, Florida
Statutes; defining finfishh" and "trap"; amending s. 370.1105,
Florida Statutes; prohibiting the taking of finfish from the










JOURNAL OF THE HOUSE OF REPRESENTATIVES



territorial saltwaters of the state with traps; providing excep-
tions; prohibiting the taking of saltwater fish from said waters
with any trap exceeding 15 cubic feet; prohibiting the posses-
sion or setting on or in such waters of such traps; providing
for permits to transport such traps across such waters; pro-
viding a fee; providing a penalty; deleting language relating
to seizure of equipment used in violation; providing an effective
date.
Referred to the Committee on Natural Resources.

By Representative L. J. Smith-
HB 214-A bill to be entitled An act relating to drug abuse
prevention and control; amending s. 893.05(1), Florida Statutes,
and adding subsection (4) to said section; prohibiting certain
persons from prescribing or dispensing certain materials con-
taining methaqualone or certain forms of methaqualone; pro-
viding a penalty; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative D. L. Jones-
HB 215-A bill to be entitled An act relating to public lodging
and public food service establishments; amending s. 509.013(5),
Florida Statutes; deleting the exclusion of any retail grocery
store in which food is prepared for consumption off the prem-
ises, from the definition of a public food service establishment;
providing for review and repeal in accordance with the Regu-
latory Sunset Act; providing an effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representative Grant-
HB 216-A bill to be entitled An act relating to retail install-
ment sales; amending s. 520.03(3), Florida Statutes; increasing
license fees for retail installment sellers of motor vehicles;
amending s. 520.05(1), Florida Statutes; increasing fees for
investigation and examination of a motor vehicle sales finance
company; amending s. 520.07(5), Florida Statutes; removing
the lower limit on the maximum allowable delinquency and
collection charges on installments in default; amending s. 520.-
32(1), Florida Statutes; increasing the license fee for conduct-
ing retail installment sales business; amending s. 520.37, Florida
Statutes; removing the lower limit on the maximum allowable
delinquency charges on installments in default; amending s.
520.55(1), Florida Statutes; increasing expense fees for the
examination of a sales finance company; amending s. 520.65(4),
(5), Florida Statutes; increasing license fees for home improve-
ment finance agencies and home improvement contractors; in-
creasing fees for additional offices; amending s. 520.85, Florida
Statutes; removing the lower limit on the maximum allowable
delinquency and collection charges on installments in default
for home improvement contracts; amending s. 520.96(2), Florida
Statutes; increasing fees for the examination of home improve-
ment finance agencies; deleting provision relating to deposit of
expenses; providing an effective date.
Referred to the Committee on Commerce.

By Representative Hieber-
HB 217-A bill to be entitled An act relating to franchises
for the retail sale of motor fuel; providing that a franchisor
may not withhold consent to the transfer of the franchise by
the dealer except under certain conditions; providing for trans-
fer to a corporation controlled by the franchisee; providing a
right of first refusal to the franchisee with respect to sale of
the leased premises by the franchisor; providing for designation
of a successor-in-interest by the franchisee; providing for
remedies and injunction; providing an effective date.
Referred to the Committee on Commerce.

By Representative Ready--



HB 218-A bill to be entitled An act relating to adult con-
gregate living facilities; amending s. 400.441(1) (a), Florida
Statutes, requiring the Department of Health and Rehabilitative
Services to include sprinkler systems within its minimum stand-



ards for such facilities; providing for repeal and legislative
review in accordance with the Regulatory Sunset Act; providing
an effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representative Bush (by request)-
HJR 219-A joint resolution proposing an amendment to
Section 4, Article IX of the State Constitution, relating to the
transportation of students to achieve racial balance.
Referred to the Committee on Education, K-12.

By Representative J. Plummer-
HB 220-A bill to be entitled An act relating to traffic con-
trol; amending s. 316.075(3) (a), Florida Statutes; authorizing
the driver of a vehicle to proceed after stopping at a traffic
light under specified circumstances; providing an effective date.
Referred to the Committee on Transportation.

By Representative Woodburn--
HB 221-A bill to be entitled An act relating to cemeteries;
adding s. 559.31(1) (f), Florida Statutes; exempting certain
church-owned columbaria from chapter 559, part IV, Florida
Statutes; providing an effective date.
Referred to the Committee on Commerce.

By Representatives Moffitt, Haben, and Bell-
HB 222-A bill to be entitled An act relating to hearing
impaired infants; creating a newborn hearing impairment pro-
gram to screen, diagnose, and manage high risk infants identi-
fied as hearing impaired; providing for pilot programs designed
to result in a statewide program; establishing a statewide high
risk registry; providing exemption from the program; creating
the Council for the Newborn Hearing Impairment Program and
providing for appointment of members, terms, meetings, and
staffing by the Department of Health and Rehabilitative Serv-
ices; providing duties and responsibilities of the council and
the department; providing appropriations; providing effective
dates.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representative Danson-
HB 223-A bill to be entitled An act relating to the John and
Mable Ringling Museum of Art; adding subsection (9) to s.
265.26, Florida Statutes, to authorize the board of trustees of
the museum to enter into contracts or agreements without
competitive bidding for certain purposes; providing for review
and repeal in accordance with the Sundown Act; providing an
effective date.
Referred to the Committee on Governmental Operations.

By Representative Woodburn-
HB 224-A bill to be entitled An act relating to the disposition
of dead bodies; amending s. 245.15, Florida Statutes, relating
to the cremation of dead bodies deemed of no further value to
medical or dental science; providing an effective date.
Referred to the Committee on Education, Higher.

By Representative Hieber-
HB 225-A bill to be entitled An act relating to tax on
sales, use, and other transactions; amending ss. 212.04(5) and
212.12(1), Florida Statutes, providing that governmental entities
and political subdivisions may retain the entire 3-percent collec-
tion allowance regardless of the amount of tax remitted; pro-
viding an effective date.



Referred to the Committees on Community Affairs, Finance
& Taxation, and Appropriations.



January 18, 1982



25










26 JOURNAL OF THE HOUSE

By Representatives Patchett and A. E. Johnson-
HB 226-A bill to be entitled An act relating to traffic
infractions; amending s. 318.18(1), Florida Statutes, to increase
the civil penalty from five dollars to twenty-five dollars for
the infraction of a bicycle or pedestrian regulation; providing
an effective date.
Referred to the Committee on Transportation.

By Representative W. R. Hodges-
HJR 227-A joint resolution proposing an amendment to
Section 4 of Article VII and the creation of Section 20 of
Article XII of the State Constitution relating to assessment of
real property.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Liberti--
HB 228-A bill to be entitled An act relating to taxation;
amending s. 200.069(3), (4), Florida Statutes; requiring enu-
meration of certain taxes and taxing authorities in notice of
proposed taxes; providing an effective date.
Referred to the Committee on Finance & Taxation.

By Representative Danson-
HB 229-A bill to be entitled An act relating to the Twelfth
Judicial Circuit; creating a Judiciary Education Trust Fund in
each county of the circuit for the payment of expenses of edu-
cation and training of judges and court personnel; providing
for assessment of a fee against certain persons in courts within
the circuit for deposit in the fund; providing duties of clerks
and the chief judge; providing for transfer of unused funds;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Danson-
HB 230-A bill to be entitled An act relating to criminal
penalties; amending s. 775.082(5), Florida Statutes; authorizing
charter counties to enact ordinances which mandate certain
minimum sentences for acts constituting violations of chapter
893, Florida Statutes; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Ewing, Nergard, Burrall, Upchurch,
Clements, Kimmel, Messersmith, Ready, Mitchell, Hollingsworth,
Tygart, S. McPherson, D. L. Jones, Danson, J. H. Smith,
Lehman, Liberti, W. R. Hodges, Grant, Myers, and Kelly-
HB 231-A bill to be entitled An act relating to district
schools; prohibiting certain persons from requiring any student
to attend a school other than the school nearest or next nearest
his residence; providing exceptions; prohibiting certain proce-
dures aimed at frustrating the provisions of the act; providing
a definition; providing for the application of the act; providing
an effective date.
Referred to the Committee on Education, K-12.

By Representatives Fontana, Kershaw, Reynolds, and Fox-
HB 232-A bill to be entitled An act relating to pugilistic ex-
hibitions; creating s. 14.27, Florida Statutes; creating the State
Athletics Commission under the Executive Office of the Gover-
nor; providing for appointment of members; creating ss. 548.041
and 548.05-548.49, Florida Statutes; providing for compensation
of members of the commission; providing for the adoption of
rules by the commission; providing for employment of an execu-
tive secretary of'the commission and setting forth his duties;



defining various terms relating to pugilistic exhibitions and
prize fighting;-providing that the provisions of this act shall not
apply to schools or any Olympic event; authorizing the commis-
sion to exercise sole direction, control, and jurisdiction over all
amateur and professional boxing contests; providing rules and
requirements for any boxing contest, including a minimum age
for participants, the necessity of a physician referees, and
judges to be in attendance, weight and class limitations, the



'I



SOF REPRESENTATIVES January 18, 1982

method of scoring, and other safety regulations; providing for
certain disclosure; prohibiting collusive or sham contests; reg-
ulating purses and their disbursement; providing for hearings;
providing for insurance; requiring that promoters and managers
secure licenses from the commission and permits for contests;
providing for the procedure for obtaining a license and the
necessary information to be submitted with the application;
providing for license fees for promoters, managers, and other
boxing personnel; providing for permit fees; requiring the dis-
closure of receipts from each boxing contest and the payment of
5 percent of the total gross receipts to the commission; provid-
ing penalties; establishing a medical advisory board; regulating
the contracts and tickets of admission relating to boxing con-
tests; requiring that foreign copromoters file a surety bond or
certified check with the commission prior to the issuance of a
license or permit; authorizing the commission to hold hearings,
to issue subpoenas, to suspend or revoke licenses for enumerated
infractions, and to impose fines; providing criminal penalties for
violations of the provisions of this act; prohibiting commis-
sioner's conflict of interest; repealing ss. 548.01, 548.02, 548.03,
and 548.04, Florida Statutes, to conform to the provisions of
this act; providing for repeal and legislative review in accord-
ance with the Sundown Act; providing an effective date.
Referred to the Committees on Regulated Industries & Licens-
ing and Appropriations.

By Representatives Evans-Jones, Sadowski, Davis, Myers,
Young, Mitchell, and Liberti-
HJR 233-A joint resolution proposing amendments to Sec-
tions 1, 2, 4, 5, 7, 8, 9, 11, 14, 15, 16, and 17 of Article III,
Sections 6, 7, and 9 of Article IV, Sections 2, 9, 12, and 20 of
Article V, Section 5 of Article VII, Section 6 of Article VIII,
Sections 2 and 12 of Article X, Sections 1, 2, and 5 of Article
XI, and Sections 9, 11, 12, and 14 of Article XII, and creating
Sections 15A and 15B of Article III, of the State Constitution,
providing for a unicameral Legislature and modifying other
provisions relating to the Legislature; creating Section 20 of
Article XII of the State Constitution, the schedule, to provide
an effective date.
Referred to the Select Committee on Reapportionment and
the Committee on Appropriations.

By Representatives Silver, Spaet, Gordon, and L. J. Smith-
HB 234-A bill to be entitled An act relating to assessment
of property for ad valorem taxation and special assessments;
amending s. 718.120(1), Florida Statutes; prescribing procedures
for assessing condominium parcels; providing an effective date.
Referred to the Committees on Judiciary and Finance &
Taxation.

By Representatives Gordon, Thompson, Fox, Silver, Cox,
Martin, Meek, S. McPherson, Fontana, Ward, J. H. Smith,
Lippman, T. McPherson, Grant, Crady, Mills, Easley, Lewis,
Myers, Mitchell, Ready, R. C. Johnson, Burnsed, Kimmel, Spaet,
W. R. Hodges, Kelly, McEwan, Dyer, B. L. Johnson, Deratany,
Davis, Friedman, Melby, Kershaw, Brantley, Hazouri, and
Batchelor-
HB 235-A bill to be entitled An act relating to criminal
mischief; creating s. 806.135, Florida Statutes, prohibiting com-
mission of criminal mischief at a place of worship; providing
penalties; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative L. R. Hawkins-
HB 236-A bill to be entitled An act relating to the admis-
sions tax; amending s. 212.04(2) (b), Florida Statutes; exempt-
ing from such tax admissions to certain postseason inter-
collegiate football games; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Spaet--



HB 237-A bill to be entitled An act relating to mental
health; requiring that minors entering state mental hospitals
be separated from adult patients, effective July 1, 1983; pro-
viding for placement of minors, where possible, in a less restric-
tive form of treatment; directing the Department of Health










JOURNAL OF THE HOUSE OF REPRESENTATIVES



and Rehabilitative Services to develop a plan to divert minors
from adult wards in state mental hospitals; amending s. 394.-
467(2), (3)(a), and (4)(a) and (h), Florida Statutes; providing
that admission hearings and continued placement hearings may
not be waived in cases involving involuntary placement of a
minor; providing for appointment of a guardian advocate in
such cases who is not the parent of the minor or a mental health
professional, department employee, or facility administrator;
providing an effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representative Mitchell-
HB 238-A bill to be entitled An act for the relief of the
Florida Public Utilities Company; providing an appropriation
to compensate it for damages sustained and loss of equipment;
providing an effective date.
Referred to the Committee on Judiciary.

By Representatives Danson and Ward-
HB 239-A bill to be entitled An act relating to the practice
of medicine; creating s. 458.348, Florida Statutes; requiring
physicians to submit to the Board of Medical Examiners a
notice of intent to supervise an advanced registered nurse
practitioner in the performance of certain medical acts; pro-
viding criteria with respect thereto; requiring review by the
Board of Medical Examiners of protocols under which advanced
registered nurse practitioners are permitted to perform certain
medical acts; establishing minimum standards for such pro-
tocols; adding a paragraph to s. 458.331(1), Florida Statutes,
providing grounds for disciplinary action for noncompliance
with the requirements of this act; providing for review and
repeal in accordance with the Regulatory Sunset Act; providing
an effective date.
Referred to the Committee on Tourism & Economic Develop-
ment.

By Representatives Ward, Brantley, Williams, 'Grant, D. L.
Jones, Kelly, L. R. Hawkins, Watt, Messersmith, Shackelford,
Danson, Kimmel, Burnsed, L. J. Hall, Lehman, Boles, Silver,
Mitchell, Hagler, Woodburn, and Lehtinen-
HB 240-A bill to be entitled An act relating to executions;
renumbering and amending s. 922.09, Florida Statutes, requiring
the Supreme Court, rather than the Governor, to issue a warrant
directing execution; providing for transmittal of the warrant
and record to the Governor and Cabinet; amending s. 922.06,
Florida Statutes, prescribing a period in which the day of
execution of a death sentence shall be set following dissolution
of a stay of the sentence; amending ss. 922.07(2) and 922.08(2)
and -(3), Florida Statutes, requiring the Governor to notify the
Attorney General when he lifts a stay of execution for insanity
or pregnancy; amending s. 922.11(1), Florida Statutes, and add-
ing a new subsection (3), requiring the appropriate medical
examiner to determine cause of death following an execution
and to maintain certain records; repealing s. 922.12, Florida
Statutes, deleting provisions relating to the return of the war-
rant to the Governor following execution; repealing s. 922.14,
Florida Statutes, deleting provisions authorizing the Supreme
Court to issue warrants where death sentence is unexecuted for
unjustifiable reasons; providing an effective date.
Referred to the Committee on Corrections, Probation &
Parole.

By Representative Easley--
HB 241---A bill to be entitled An act relating to the 'Florida
Motor Vehicle Noise Prevention and Control Act of 1974";
amending s. 403.415(4)(b) and (c), Florida Statutes, relating
to maximum noise levels allowable with respect to certain
motor vehicles; providing an effective date.
Referred to the Committee on Transportation.

By Representative Hattaway-



HB 242-A bill to be entitled An act relating to countywide
forest fire protection; amending s. 125.27(1), Florida Statutes,
requiring that county fire control assessments be deposited in
the Incidental Trust Fund of the Division of Forestry of the



Department of Agriculture and Consumer Services; requiring
that such funds be used to provide assistance in training and
equipping rural and municipal fire departments of communities
with populations of less than 10,000; providing an effective
date.
Referred to the Committees on Agriculture and Appropria-
tions.

By Representatives Kershaw and Fontana-
HB 243-A bill to be entitled An act relating to horseracing;
amending ss. 550.04, 550.065(2), 550.291(1), 550.33(3), 550.37(4),
and 550.41(3), Florida Statutes; creating s. 550.495, Florida
Statutes; authorizing the conduct of Sunday operation and pro-
viding restrictions and limitations on such operation; amending
s. 550.13(1), Florida Statutes, and adding a subsection thereto,
providing for distribution of moneys derived therefrom to
municipalities; providing an effective date.
Referred to the Committees on Regulated Industries &
Licensing, Finance & Taxation, and Appropriations.

By Representative Martinez-
HB 244-A bill to be entitled An act relating to collective
bargaining by public employees; amending s. 447.309(3), Florida
Statutes, providing for resolution of conflicts between collective
bargaining agreements and certain existing rules and regula-
tions; providing an effective date.
Referred to the Committee on Retirement, Personnel & Col-
lective Bargaining.

By Representative M. E. Hawkins-
HB 245-A bill to be entitled An act relating to tax on
sales, use, and other transactions; providing legislative intent;
amending ss. 212.03(1), (3) and (6), 212.031(1)(c) and (d), 212.-
04(1), 212.05, 212.055(1), 212.06(1)(a), 212.08(3) and (11)(c),
212.12(10), and (11), and 125.0165(1), Florida Statutes; pro-
viding for an increase in said tax; amending s. 212.20(1),
Florida Statutes; repealing s. 236.02(6), Florida Statutes;
amending ss. 236.081(4) and (6) and 236.25(1), Florida Stat-
utes; eliminating required local effort under the Florida Edu-
cation Finance Program; providing that the proceeds of said
tax increase be distributed to the district school systems; pro-
viding a limitation on millage levied by school districts; allow-
ing levy above said limit under certain circumstances; providing
effective dates.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Wetherell-
HB 246-A bill to be entitled An act relating to the Admin-
istrative Procedure Act; amending s. 120.55(3), Florida Stat-
utes, clarifying language with respect to copies of the Florida
Administrative Code and the Florida Administrative Weekly
which must be filed with depository libraries; providing an
effective date.
Referred to the Committee on Governmental Operations.

By Representative Watt-
HB 247-A bill to be entitled An act relating to county
government; adding paragraph (c) to s. 125.01(6), Florida
Statutes, providing a presumption that certain county services
are provided especially for the benefit of property or residents
of the unincorporated areas, and that the services must be
funded by the persons or property benefited; providing an
exception with respect to interlocal agreements; providing that
the act shall not apply to certain counties; providing an effec-
tive date.
Referred to the Committee on Community Affairs.

By Representative Watt-



HB 248-A bill to be entitled An act relating to ad valorem
tax administration; amending s. 194.032(4), Florida Statutes;
providing that special masters may be appointed by a property



January 18, 1982










28 JOURNAL OF THE HOUSE

appraisal adjustment board pursuant to a joint resolution passed
by the county governing body and the school board; providing
an effective date.
Referred to the Committee on Finance & Taxation.

By Representative Burrall-
HB 249-A bill to be entitled An act relating to tax on
the privilege of residential construction; providing definitions;
authorizing counties and municipalities to levy such tax; pro-
viding method of computation; requiring referendum approval
of such tax; providing that the proceeds be used for capital
improvements; providing an effective date.
Referred to the Committees on Community Affairs and
Finance & Taxation.

By Representative Foster-
HB 250-A bill to be entitled An act relating to motor vehi-
cle insurance; amending s. 322.18(2) and (4), Florida Statutes,
decreasing the length of time for which a drivers' license is
legal to 1 year; providing for renewal by mail; amending s.
322.121(1) and (2), Florida Statutes, providing for reexamina-
tion of drivers every 5 years; adding subsection (3) to s. 322.15,
Florida Statutes, providing a second degree misdemeanor pen-
alty for driving without a license; creating s. 322.52, Florida
Statutes, providing for classes of drivers' licenses and providing
certain fees; directing the State Treasurer and Insurance Com-
missioner to establish a motor vehicle insurance program along
described lines; repealing chapter 324, Florida Statutes, relating
to financial responsibility with respect to damages for liability
incurred for certain automobile accidents; repealing s. 322.21(1),
Florida Statutes, removing the current drivers' license fee
schedule; repealing ss. 627.730-627.741, Florida Statutes, relating
to the "Florida Automobile Reparations Reform Act"; providing
an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Dunbar-
HB 251-A bill to be entitled An act relating to banking;
amending s. 658.67(6), Florida Statutes, authorizing banks and
trust companies to invest in the stock of subsidiary corporations
under certain circumstances; providing for review and repeal
in accordance with the Regulatory Sunset Act; providing an
effective date.
Referred to the Committee on Commerce.

By Representative Shackelford-
HJR 252-A joint resolution proposing an amendment to
Section 6 of Article VII and the creation of Section 20 of
Article XII of the State Constitution, relating to homestead
tax exemptions.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Wetherell-
HB 253-A bill to be entitled An act relating to ad valorem
tax exemptions; amending s. 196.1975(7), Florida Statutes;
increasing the amount of exempt assessed valuation for any
apartment or unit of a home for the aged which meets certain
specifications, to conform with the homestead tax exemption;
removing the age requirement for occupants thereof; providing
an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Kimmel--



E



HB 254-A bill to be entitled An act relating to the practice
of electrolysis; creating the Electrolysis Practice Act; providing
definitions; creating the Board of Electrolysis and providing
for membership, organization, and terms thereof; requiring
licensure of persons engaging in the practice of electrolysis;
providing for imposition of a civil penalty for failure to obtain
such license; specifying requirements for licensure, including
qualifications, educational requirements, examination, and fees;
providing reciprocity with respect to electrologists licensed in



SOF REPRESENTATIVES January 18, 1982

other states or jurisdictions; providing procedure and criteria
with respect to examinations; providing for issuance of tempo-
rary licenses in certain cases; providing limits with respect
thereto; providing grounds for refusal, suspension, and revoca-
tion of license, as well as the restriction of a person's practice
or the requiring of a licensee to submit to certain care or
treatment; providing for reinstatement of licensure so sus-
pended or revoked, in the board's discretion; providing for
renewal of license; providing a continuing education require-
ment; providing fees; providing requirements with respect to
business establishments of electrologists; providing requirements
with respect to equipment used in the practice of electrolysis;
providing exemptions; providing for approval of continuing
education seminars; providing for approval by the Department
of Professional Regulation of electrology schools under specified
conditions; providing fees; providing for annual renewal of
such approval; providing minimum standards for curricula;
providing for licensure of electrolysis instructors; providing
standards of professional conduct; providing for review and
repeal in accordance with the Regulatory Sunset Act; providing
an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment and Appropriations.

By Representative Shackelford-
HB 255-A bill to be entitled An act relating to unemploy-
ment compensation; adding subparagraph 20. to s. 443.036-
(17)(n), Florida Statutes, relating to exclusions from the defi-
nition of "employment" for purposes of the Unemployment
Compensation Law, to add an exclusion for services performed
as a boat salesman for commission only; providing an effective
date.
Referred to the Committee on Commerce.

By Representative Kimmel-
HB 256-A bill to be entitled An act relating to preparation
of county budgets; amending s. 129.03(2), Florida Statutes;
requiring that specified county officers hold public hearings
on their proposed budgets; requiring publication of notice;
providing an effective date.
Referred to the Committee on Community Affairs.

By Representative Thompson-
HB 257-A bill to be entitled An act relating to public prop-
erty and publicly owned buildings; amending s. 255.25(6), Flor-
ida Statutes, relating to approval of the Division of Building
Construction and Property Management prior to construction
or substantial improvement of state-owned buildings, to require
the division to approve such construction for mitigation of flood
hazards in compliance with rules and regulations of the United
States Department of Housing and Urban Development and of
the Federal Emergency Management Agency or any other appli-
cable rules or regulations of any federal agency; providing an
effective date.
Referred to the Committee on Governmental Operations.

By Representative L. J. Hall-
HB 258-A bill to be entitled An act relating to tax on
sales, use and other transactions; amending ss. 212.02(4) and
(5) and 212.06(1) (b), Florida Statutes; excluding labor costs
from said tax; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representatives Dyer and A. E. Johnson-
HB 259-A bill to be entitled An act relating to the tax on
sales, use and other transactions; amending s. 212.08(6), Florida
Statutes, providing a tax exemption for contractors employed
by any county, municipality or political subdivision in this state
on sales of tangible personal property which becomes a part
of public works owned by such government; requiring a tempo-
rary sales tax exemption certificate; providing specific penal-



ties to be imposed upon any private contractor who fraudulently
claims the exemption; providing an effective date.
Referred to the Committees on Community Affairs, Finance
& Taxation, and Appropriations.











JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Gardner and A. E. Johnson-
HB 260-A bill to be entitled An act relating to transporta-
tion; creating ss. 331.21-331.41, Florida Statutes, the "Florida
Airport Development and Assistance Act"; providing state tech-
nical and financial assistance to the Florida Airport System
for development and construction of public use airports; pro-
viding a short title, legislative intent, and definitions; providing
duties and responsibilities of the Department of Transportation;
requiring a statewide airport and aviation system plan; author-
izing the department to contract with the Federal Government
and receive federal aid upon official request of local sponsor;
authorizing the department to participate in studies and demon-
stration projects in concert with the local owners of public
airports and other public agencies; providing for such develop-
ment and construction programs through legislative appropria-
tion and providing procedures therefore; providing for contracts
between the department and receiving agencies; providing for
the adoption of rules; providing an effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representatives Gardner and Evans-Jones-
HB 261-A bill to be entitled An act relating to homestead
exemption; amending s. 196.031(3) (e), Florida Statutes; pro-
viding that persons who have been entitled to the $5,000 home-
stead exemption continuously since October 7, 1980, shall be
eligible for the increased homestead exemptions; extending said
increase to include levies by school districts; providing an
effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Hodes-
HB 262-A bill to be entitled An act relating to deepwater
ports; providing a definition; creating the Florida Ports Com-
mission within the Department of Commerce to serve in an
advisory capacity to the Secretary of Commerce; providing for
appointment, terms, and organization of the commission; pro-
viding for compensation, meetings, and executive offices; cre-
ating the Deepwater Ports Capital Improvements Trust Fund;
providing for investment of surplus moneys therefrom; pro-
viding for seeking of gifts and grants; providing for the making
of loans and grants from the fund; specifying purposes for
which loans or grants may be made; providing for recommen-
dations as to eligibility of applicants; providing for approval;
providing limitations; providing for fixing of terms and
interest; providing for promulgation of rules; providing for the
granting of small, short-term loans in certain cases; providing
an appropriation; providing an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment and Appropriations.

By Representative Myers-
HB 263-A bill to be entitled An act relating to the excise
tax on documents; creating s. 201.025, Florida Statutes, and
amending s. 201.15, Florida Statutes; authorizing district school
boards, counties, and municipalities to impose a surtax on docu-
ments relating to the conveyance of realty; providing limita-
tions; providing purposes for which the proceeds may be used;
prohibiting counties and municipalities in which such surtax is
imposed from imposing impact fees for such purposes; providing
an effective date.
Referred to the Committees on Education, K-12, Finance &
Taxation, and Appropriations.

By Representatives Williams and Evans-Jones--
HM 264-A memorial to the Congress of the United States,
urging Congress to adopt a national strategy of peace through
strength.
Referred to the Committee on Agriculture & General Legis-
lation.



By Representatives Brantley, Steele, Danson, Woodburn,
S. McPherson, Ready, Liberti, and Burrall-
HB 265-A bill to be entitled An act relating to controlled
substances; amending s. 893.13(1) (a) and (d), Florida Statutes;



amending s. 775.082 (1) and (2), Florida Statutes, and adding
a new subsection; providing that the unlawful sale, manufac-
ture, delivery or possession of certain controlled substances
shall constitute a capital felony; creating s. 921.142, Florida
Statutes, providing procedures for the determination of sen-
tence for such offenses; providing an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Myers-
HB 266-A bill to be entitled An act relating to saltwater
fisheries; amending s. 370.12(2) (g), Florida Statutes, directing
the Department of Natural Resources to adopt rules regulating
the operation and speed of motor boat traffic within the
Loxahatchee River in Palm Beach and Martin counties during
certain dates for the protection of manatees or sea cows;
providing an effective date.
Referred to the Committee on Natural Resources.

By Representatives Ewing and Danson-
HB 267-A bill to be entitled An act relating to the John
and Mable Ringling Museum of Art; adding subsection (9) to
s. 265.26, Florida Statutes, authorizing the board of trustees
of the museum to sell certain art objects; providing for deposit
of proceeds in the Investment Trust Fund; authorizing exchange
of art objects; restricting employees or trustees from receiving
commissions; providing for the establishment of policies by
rule; providing for review and repeal in accordance with the
Sundown Act; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representatives Ewing and Danson-
HB 268-A bill to be entitled An act relating to condomin-
iums; amending s. 718.112(2)(j), Florida Statutes, and adding
a new paragraph (k) to said subsection; providing for the
assessment by a condominium association of fees relating to
the approval of certain transactions; providing for the con-
tinuation of certain rules after control of the condominium
association is turned over to the unit owners; providing an
effective date.
Referred to the Committee on Judiciary.

By Representatives Danson, Ewing, and Burrall-
HB 269-A bill to be entitled An act relating to the South
Venice Special Tax Road District, Sarasota County; amending
sections 3 and 4 of chapter 57-1839, Laws of Florida, as
amended, relating to the budget and taxing powers of the
trustees; raising the tax cap; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Transportation and Com-
munity Affairs.

By Representative Ewing-
HB 270-A bill to be entitled An act relating to telecom-
municators; creating the "Florida Standards, Training and
Certification of Public Safety Telecommunicators Act"; pro-
viding definitions; creating a Telecommunicator Standards,
Training and Certification Board under the Department of
Veteran and Community Affairs; providing for membership
and terms; providing for the authority of the board; providing
for telecommunicators' training and certification; providing for
the establishment of training programs; authorizing payment
of tuition by employing agencies; providing for financing;
providing for application of the act with respect to standards
exceeding those provided in the act; providing legislative intent;
providing for legislative review and repeal in accordance with
the Sundown Act; providing an effective date.
Referred to the Committees on Regulatory Reform and
Appropriations.

By Representatives Ewing, Danson, and Burrall-



HB 271-A bill to be entitled An act relating to Sarasota
and Charlotte Counties; incorporating the Englewood Area
Fire Control District; describing the district boundaries; pro-



January 18, 1982











30



viding that the purpose of the district shall be for establish-
ment and maintenance of fire and emergency services; providing
for an elective governing body of the district composed of five
commissioners and setting forth their authority, terms of office,
qualifications, method of removal from office and of filling
vacancies in office; prohibiting nepotism; providing for the levy,
collection, and enforcement of special assessments against and
creating liens upon lands in the district in order to raise funds
for the purposes of the district; providing for the increase in
assessments when necessary, but requiring a referendum ap-
proval for any annual increase in excess of 5 percent; requiring
a depository and that all funds be disbursed by check; requiring
an annual audit and financial report; authorizing the appoint-
ment of a fire marshal and the borrowing of money; establish-
ing claims procedure; providing immunity from claims equal to
that of other agencies and subdivisions of the state; providing
for thedeee defenseof claims and payment of judgments for district
officers and employees acting within scope of their duties and
without bad faith, malice or willful disregard of rights; pro-
viding for the expansion of the district after referendum held
in district and in proposed new area; providing for assessment
and collection of impact fees; providing a penalty; providing
for injunction; providing the district shall have continuing
existence; providing a savings clause; providing for effect on
conflicting laws; providing for the preservation of existing
rights, rules ,and regulations; providing for a referendum.
Referred to the Committee on Community Affairs.

By Representatives Woodburn, Nuckolls, Hollingsworth, Kelly,
Foster, and Fontana-
HB 272-A bill to be entitled An act relating to purchasing;
creating s. 287.095, Florida Statutes, prohibiting false repre-
sentation of a person as a minority business enterprise under
a state agency program designed to benefit such enterprises;
providing a penalty; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representatives L. R. Hawkins, Silver, and Fontana-
HB 273-A bill to be entitled An act relating to retired
Florida law enforcement officers; creating s. 790.053, Florida
Statutes; authorizing such officers to carry concealed firearms
under certain circumstances; providing an effective date.
Referred to the Committee on Criminal Justice.

By the Committee on Tourism & Economic Development-
HB 274-A bill to be entitled An act relating to state employ-
ment; providing a short title; providing definitions; authorizing
state agencies to provide for the protection of employees and
certain others from terrorist acts while present in foreign
countries on state business, or as a result of the diversion of
a common carrier, aircraft, or other conveyance, while on state
business; providing for payment of certain moneys to such
persons damaged by terrorist acts; requiring the Administration
Commission to adopt rules for the payment of specified expenses
of such persons; providing an effective date.
Referred to the Committee on Appropriations.

By Representative Mann-
HB 275-A bill to be entitled An act relating to used oil
recycling; providing a short title; providing definitions; pro-
viding prohibitions; providing for the establishment of a public
education program; providing for the registration of certain
used oil transporters, collection facilities, and recycling facili-
ties; providing for an annual report by the Department of
Environmental Regulation; providing for enforcement; providing
civil penalties; providing an appropriation; repealing s. 526.-
01(2), Florida Statutes, relating to labeling of containers of
previously used lubricants; providing severability; providing an
effective date.
Referred to the Committees on Natural Resources and
Appropriations.

By Representative M. E. Hawkins-



HB 276-A bill to be entitled An act relating to Collier
County; establishing and organizing a municipality to be known
and designated as the City of Marco Island in said county;



January 18, 1982



defining its territorial boundaries; providing for its govern-
ment, jurisdiction, powers, franchises, immunities, privileges
and means for exercising the same; prescribing the general
powers to be exercised by said city; providing a referendum.
Referred to the Committee on Community Affairs.

By Representative J. H. Smith-
HB 277-A bill to be entitled An act relating to investigative
agencies and deception detectors; amending s. 493.30 (3), (4)(e),
(6), and (7), Florida Statutes, to include repossession within
the definition of services to be performed by a private investi-
gator and to provide that repossessors may recover any mort-
gaged chattel; amending s. 493.301(1), Florida Statutes, relating
to exemptions from part I of chapter 493; amending s. 493.-
306(3), (4), (5) and (6), Florida Statutes, ora taeextending the
experience or training requirements from 2 years to 3 years
for a Class "C" (private investigator) license and eliminating
Class "E" and Class "EE" licenses; amending s. 493.308(1),
Florida Statutes, deleting reference to Class "E" license fees
and providing for Class "CC" license fees; amending s. 493.-
311(1), Florida Statutes, and adding a subsection, requiring
display of the licensee's license number on all advertising;
amending s. 493.313(1), Florida Statutes, relating to renewal
of license; amending the introductory paragraph of s. 493.317,
Florida Statutes, relating to prohibited acts by certain licensees;
amending s. 493.318, Florida Statutes, requiring certain written
notice relating to personal property recovered by a repossessor;
amending s. 493.322(1), Florida Statutes, providing for depart-
mental investigation of unlicensed activities; amending s. 493.-
565(2)(k), Florida Statutes, to correct a cross reference;
amending s. 493.566, Florida Statutes, revising license require-
ments for detection of deception examiners; amending s. 943.-
14(7), Florida Statutes, to correct a cross reference; repealing
ss. 493.303 and 493.564, Florida Statutes, relating to an advisory
council; repealing s. 493.304(6) and (7), Florida Statutes,
relating to Class "E" and Class "EE" licenses; providing for
review and repeal in accordance with the Regulatory Sunset
Act and the Sundown Act; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representative T. McPherson-
HB 278-A bill to be entitled An act relating to motor vehicle
license plates; amending s. 320.0805(1) and (2) (a), Florida
Statutes, providing for the issuance of personalized prestige
license plates to certain vehicles; providing an effective date.
Referred to the Committee on Transportation.

By Representative T. McPherson-
HB 279-A bill to be entitled An act relating to tax on sales,
use, and other transactions; amending s. 212.08(6), Florida
Statutes; exempting from said tax purchases made for the
purpose of equipping or maintaining district legislative offices;
providing an effective date.
Referred to the Committee on Finance & Taxation.

By Representatives Burrall, Nuckolls, and Mann-
HB 280-A bill to be entitled An act relating to the Port
Charlotte-Charlotte Harbor Fire Control District, Charlotte
County; amending section 4(b) of chapter 65-1355, Laws of
Florida, as amended; changing the rate of taxation by increas-
ing the maximum millage upon the assessed value of real
estate within said district; providing for a referendum.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Evans-Jones-
HB 281-A bill to be entitled An act relating to forgery;
amending s. 831.01, Florida Statutes, including the false making
of a contract not under seal within the crime of forgery; pro-
viding a penalty; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Martin and Sample-



HB 282-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.052(1) (d), Florida Stat-



JOURNAL OF THE HOUSE OF REPRESENTATIVES










JOURNAL OF THE HOUSE OF REPRESENTATIVES



utes, authorizing certain elected county officers who are mem-
bers of the Elected State Officers' Class to purchase additional
retirement credit for service which falls under the purview of
the class; providing for payment therefore; providing an effec-
tive date.
Referred to the Committees on Retirement, Personnel & Col-
lective Bargaining and Appropriations.

By Representatives Robinson and A. E. Johnson-
HB 283-A bill to be entitled An act relating to tax on sales,
use and other transactions; adding s. 212.08(5) (d), Florida
Statutes; providing an exemption from said tax for equipment,
machinery, and energy used for pollution control; providing
conditions and procedures; repeals s. 212.051, Florida Statutes,
relating to sales or use tax on certain pollution control equip-
ment; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative T. McPherson-
HB 284-A bill to be entitled An act relating to public officers
and employees; creating s. 112.3148, Florida Statutes; providing
for an automatic extension of filing date upon notification by
any person required to file disclosure under the code of ethics
for public officers and employees or the State Constitution;
providing that the Commission on Ethics may grant time exten-
sions under certain conditions; providing for delegation of such
authority to the chairman or executive director of the com-
mission; providing limitations; providing an exemption from
the Administrative Procedure Act; providing an effective date.
Referred to the Committee on Ethics & Elections.

By Representatives Kutun, Crawford, Carlton, and Gardner-
HB 285-A bill to be entitled An act relating to the Depart-
ment of Commerce; authorizing participation by the department
with the City of Miami and Dade County to host the 1982
American Society of Travel Agents World Travel Congress;
providing an appropriation; providing an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment and Appropriations.

By Representatives Kutun, Meek, Friedman, Steele, C. A. Hall,
S. McPherson, and A. E. Johnson-
HB 286-A bill to be entitled An act relating to economic
development; providing legislative intent; providing definitions;
creating an Economic Development Financing Insurance Trust
Fund; creating the Economic Development Financing Insurance
Fund Board; providing for applications for financing insurance;
providing for approval of applications; providing for uses of
the insurance fund; providing effective and expiration dates.
Referred to the Committees on Tourism & Economic Develop-
ment and Appropriations.

By Representatives Lewis and Patchett-
HB 287-A bill to be entitled An act relating to financial
institutions; creating part II of chapter 655, Florida Statutes,
relating to cross-industry conversions, mergers and acquisitions;
providing definitions; providing procedures for the conversion
of a charter of a financial institution; limiting conversions;
requiring an application fee for conversion; providing for the
merger or consolidation of capital stock financial institutions
and mutual financial institutions; requiring a fee; providing
that a financial institution may acquire the capital stock of
any other financial institution; providing procedures for the
acquisition of assets or assumption of liabilities of a financial
institution by another such institution; providing for the book
value of assets upon merger, consolidation or conversion; pro-
viding for the continuation of the entity of the participating
or converting institution; providing for the continuation of
pending actions and other judicial proceedings and creditors'
rights; providing exceptions; providing conditions in the case
of a resulting institution which is different from the partici-



pating or converting institutions; amending s. 657.042(5), Flor-
ida Statutes, authorizing a credit union to invest its funds in
the capital stock of other financial institutions; amending s.
658.67(6), Florida Statutes, providing that a bank may invest



in the stock of certain subsidiary corporations; amending s.
665.0311, Florida Statutes, relating to an association's power
to reorganize, merge or consolidate; amending s. 665.035(3) (c),
Florida Statutes, providing business activities deemed to be
proper incidents to the operation of a capital stock association;
amending s. 665.0701(6), Florida Statutes, authorizing an asso-
ciation to invest its funds in the capital stock of other financial
depository institutions; providing for review and repeal in
accordance with the Regulatory Sunset Act; providing an effec-
tive date.
Referred to the Committee on Commerce.

By the Committee on Transportation-
HB 288-A bill to be entitled An act relating to motor vehi-
cles; amending s. 320.10, Florida Statutes, exempting from the
annual license tax for the operation of motor vehicles or mobile
homes any such motor vehicle or mobile home owned and
operated by any member of the United States Armed Forces
who is not a resident of Florida and who is stationed in the
state in compliance with military or naval orders; providing
for issuance of license plates, revalidation stickers, or mobile
home stickers for such motor vehicles or mobile homes and
prescribing the fee therefore; conforming certain language to
the definition of "motor vehicle"; amending s. 327.22, Florida
Statutes, exempting boats from being taxed and certified as
motor vehicles; providing an effective date.
Referred to the Committee on Appropriations.

By Representatives Hagler, Thompson, Burrall, Ready, M. E.
Hawkins, Shackelford, Crotty, Melby, Clements, B. L. Johnson,
Danson, C. F. Jones, Crady, Carpenter, Williams, Kelly,
Deratany, G. Hodges, Kiser, Ewing, Gardner, Burnsed, Grant,
Ward, Boles, Allen, W. R. Hodges, Mann, Mitchell, Evans-Jones,
R. C. Johnson, Nuckolls, Hattaway, Easley, Bankhead, and
Myers-
HB 289-A bill to be entitled An act relating to weapons and
firearms; amending s. 790.001(2), Florida Statutes; removing
firearms located within a private conveyance from the definition
of "concealed firearm"; amending s. 790.05, Florida Statutes;
providing that persons licensed to carry concealed firearms may
carry or have in their manual possession certain weapons with-
out being otherwise licensed by a county sheriff; amending s.
790.06, Florida Statutes; providing procedures for the issuance
of a statewide license for the carrying of concealed firearms;
providing grounds for denial of a license application; providing
for application fees; providing for license revocation in certain
circumstances; amending s. 790.25(3) (1), Florida Statutes; de-
leting the requirement that firearms and other weapons be
securely encased by persons traveling in private conveyances;
providing an effective date.
Referred to the Committee on Criminal Justice.

By RepreSentative T. McPherson-
HB 290-A bill to be entitled An act relating to malt bever-
ages; repealing s. 563.06(6), Florida Statutes; deleting the
requirement for specific container sizes; providing an effective
date.
Referred to the Committee on Regulated Industries &
Licensing.

By Representative Hagler-
HB 291--A bill to be entitled An act relating to public
records; amending s. 119.07(3) (k), Florida Statutes; providing
that all personnel and internal investigation information of law
enforcement agencies shall be exempt from public disclosure
requirements; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representative G. Hodges-
HB 292-A bill to be entitled An act relating to game and
freshwater fish; amending s. 372.001, Florida Statutes, deleting
various definitions which refer to saltwater fish or saltwater



problems and redefining the term "residents of Florida";
amending s. 372.57(18), Florida Statutes, to correct a cross
reference; providing an effective date.
Referred to the Committee on Natural Resources.



January 18, 1982



31










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JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Bankhead, Hazouri, Pajcic, Lewis, Thomas,
Crady, Ogden, Tygart, and Girardeau-
HB 293-A bill to be entitled An act relating to the Duval
county beaches public hospital board; amending s. 8 of ch. 25807,
Laws of Florida, 1949, as revised and amended, to allow an
increase in the total principal amount of revenue bonds to
$5,000,000, and in the total principal amount of general obliga-
.tion bonds or other evidence of indebtedness of the Duval county
beaches public hospital board to $5,000,000; adding Section 22
to allow the Duval county beaches public hospital board to hire
a professional hospital management firm, corporation or group
to operate any part or all of the hospital facilities, subject to
certain conditions; adding Section 23 to allow the Duval county
beaches public hospital board to sell, lease or transfer, subject
to prior approval of the city of Jacksonville, all of its assets
and liabilities to a profit. or not-for-profit corporation, subject
to certain terms and conditions; providing for the repeal of
Sections 1 through 22 of ch. 25807, Laws of Florida, 1949, as
revised and amended, on the date of any such sale; providing
an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By the Committee on Tourism & Economic Development-
HB 294-A bill to be entitled An act relating to the Depart-
ment of Commerce; amending s. 288.012, Florida Statutes; pro-
viding exemptions from general law relating to employment of
personnel in the department's foreign offices; providing an
effective date.
Placed on the Calendar without reference.

By Representative Lehtinen-
HB 295-A bill to be entitled An act relating to probation;
amending s. 948.01(1), Florida Statutes, providing that persons
convicted of certain felonies committed while on probation for
or while serving other court ordered conditions for such felonies
shall be ineligible for probation for such felonies; providing an
effective date.
Referred to the Committee on Corrections, Probation & Parole.

By Representatives Mills, Martin, Sample, Davis, Burnsed,
Batchelor, Gardner, Brown, L. J. Hall, Hazouri, G. Hodges,
Friedman, Pajcic, Easley, Lehman, O'Malley, Crady, Sadowski,
Tygart, R. C. Johnson, Spaet, Hagler, Fox, Carlton, and
Kimmel-
HB 296-A bill to be entitled An act relating to the preven-
tion of child abuse and neglect; creating s. 827.075, Florida
Statutes; providing legislative intent; requiring a state plan for
a comprehensive approach to the prevention of child abuse and
neglect; providing for state and local coordination; providing
for district plans; providing an appropriation; providing an
Effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representatives Friedman, Brown, and Cosgrove-
HB 297-A bill to be entitled An act relating to education;
requiring the Department of Education, in cooperation with
expert researchers and district school personnel, to conduct a
study of the evaluation of teaching personnel; requiring the
development of manuals, evaluation instruments, training mate-
rials, and remedial materials; requiring the submission of
reports to the Legislature; providing an appropriation; pro-
viding an effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representative L. J. Hall--
HB 298-A bill to be entitled An act relating to education;
amending s. 232.26 (1) (b), Florida Statutes, providing that
school principals need not employ alternative measures prior
to the suspension of a student in the case of a serious breach



of conduct; providing an effective date.
Referred to the Committee on Education, K-12.



January 18, 1982



By the Committee on Veterans Affairs and Representatives
Boles, Brodie, L. J. Hall, Foster, Nergard, and Sample-
HB 299-A bill to be entitled An act relating to state parks;
adding subsection (3) to s. 258.014, Florida Statutes, exempting
certain persons from admission fees for state parks; providing
an effective date.
Referred to the Committee on Appropriations.

By the Committee on Tourism & Economic Development-
HB 300-A bill to be entitled An act relating to psychological
services; amending s. 490.005(2) (b) and (c), Florida Statutes,
deleting certain requirements for licensure by examination for
marriage and family therapists and mental health counselors;
providing for review and repeal in accordance with the Regu-
latory Sunset Act; providing an effective date.
Placed on the Calendar without reference.

By Representative Patchett-
HB 301-A bill to be entitled An act relating to The Retail
Installment Sales Act; amending s. 520.31 (3) and (5), Florida
Statutes; redefining "services" and "retail seller" or "seller"
for purposes of said act; providing for review and repeal in
accordance with the Regulatory Sunset Act; providing an effec-
tive date.
Referred to the Committee on Commerce.

By Representative J. H. Smith-
HB 302-A bill to be entitled An act relating to sheriffs;
amending s. 30.49(4) through (11), Florida Statutes, deleting
procedures by which a sheriff may appeal his budget, as
approved by the board of county commissioners or budget com-
mission, to the Administration Commission; providing an effec-
tive date.
Referred to the Committee on Criminal Justice.

By Representative Liberti-
HJR 303-A joint resolution proposing an amendment to Sec-
tion 2 of Article III and Section 2 of Article XI and the
creation of Section 20 of Article XII of the State Constitution
relating to designation of the Lieutenant Governor as presiding
officer of the Senate and to selection of members of the
Constitution Revision Commission.

Referred to the Committee on Governmental Operations.

By Representative Sample-
HM 304-A memorial to the Congress of the United States,
urging Congress to take appropriate action to secure a com-
plete accounting of our prisoners of war and servicemen missing
in action as a result of the Vietnam conflict.
Referred to the Committee on Veterans Affairs.

By Representative Kelly-
HB 305-A bill to be entitled An act relating to warranty
associations; amending s. 634.405(1) (a), Florida Statutes,
changing the amount of the required deposit for new service
warranty associations and those with $300,000 of gross written
premiums or less; providing for review and repeal in accordance
with the Regulatory Sunset Act; providing an effective date.
Referred to the Committee on Insurance.

By the Committee on Agriculture & General Legislation-
HB 306-A bill to be entitled An act relating to plant pests;
amending s. 581.083, Florida Statutes, to prohibit introduction
into the state of any pest, parasite, or predator of other
organisms without special permit; setting conditions for the



issuance of permits; providing an effective date.
Placed on the Calendar without reference.











JOURNAL OF THE HOUSE OF REPRESENTATIVES



By the Committee on Agriculture & General Legislation-
HB 307-A bill to be entitled An act relating to quarter horse
racing; amending s. 550.265(6) (b), Florida Statutes, providing
for deposit of registration fees; providing an effective date.
Referred to the Committee on Appropriations.

By the Committee on Agriculture & General Legislation-
HB 308-A bill to be entitled An act relating to the Depart-
ment of Agriculture and Consumer Services; amending s. 581.-
212, Florida Statutes; providing for deposit of certain moneys
received by the department into the Nursery Inspection Trust
Fund; providing an effective date.
Referred to the Committee on Appropriations.

By Representatives Brown, Bell, and Wetherell-
HB 309-A bill to be entitled An act relating to the West
Volusia Hospital Authority, Volusia County; adding section 5.3
to chapter 57-2085, Laws of Florida, as amended, and as further
amended by chapter 67-2152, Laws of Florida, providing for
the issuance of negotiable revenue bonds which do not pledge
the faith, credit and taxing power of the District, payable from
revenues and other funds of the District legally available
therefore and revenue bond anticipation notes to pay or refinance
any or part of the cost of any facility, which the Authority is
authorized to construct; defining such facilities; providing that
the District's revenue bonds may be secured by a trust agree-
ment and pledge or assignment of such revenue and other
funds; amending section 7 of chapter 57-2085, Laws of Florida,
as amended, and as further amended by chapter 69-1695, Laws
of Florida, to provide that the Board of Commissioners may
determine the aggregate amount of principal and set the terms
and rates of interest on funds borrowed by the District; pro-
viding an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Clements-
HB 310-A bill to be entitled An act relating to the Florida
Council on Criminal Justice; amending s. 23.152(3), (4) and
(8), Florida Statutes, changing and reducing the membership
of the council; providing for nonvoting representatives of mem-
bers; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Fontana, Reynolds, and Clements-
HB 311-A bill to be entitled An act relating to revenue
sharing; amending s. 218.23(1) (d), Florida Statutes; increasing
the minimum annual salary of certain law enforcement officers
for purposes of certain revenue sharing participation of units
of local government; providing an effective date.
Referred to the Committees on Community Affairs, Finance
& Taxation, and Appropriations.

By Representatives Hodes, Moffitt, and Young-
HB 312-A bill to be entitled An act relating to the hearing
impaired; providing legislative intent; creating the Florida
Council for the Hearing Impaired; providing for membership
and organization thereof; providing duties and responsibilities
of the council; providing for expiration of the council; providing
an appropriation; providing an effective date.
Referred to the Committee on Education, K-12.

By Representative Silver--
HB 313-A bill to be entitled An act relating to guardianship;



amending s. 744.331(1), Florida Statutes, increasing the cir-
cumstances in which a person may be adjudicated incompetent
for purposes of the appointment of a guardian; providing an
effective date.
Referred to the Committee on Judiciary.



By Representative Silver-
HB 314-A bill to be entitled An act relating to public lodg-
ing and public food service establishments; amending s. 509.-
302(3), Florida Statutes, to increase the annual funding fee
for the Hospitality Education Program; correcting a cross ref-
erence; providing for review and repeal in accordance with
the Regulatory Sunset Act; providing an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment and Appropriations.

By Representative Ogden-
HB 315-A bill to be entitled An act relating to ad valorem
tax relief; creating part II of chapter 196, Florida Statutes;
providing for relief from ad valorem taxes by means of grants
to qualified renter households for taxes paid indirectly through
rent; providing definitions and procedures; providing for admin-
istration by the Department of Revenue; providing penalties;
providing for confidentiality; providing an appropriation; pro-
viding an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Upchurch-
HB 316-A bill to be entitled An act relating to Flagler
County; relating to the Sixteen Mile Creek Water Control
District in Flagler County, created under Chapter 298, Florida
Statutes, relating to the creation and organization of water
control districts; providing that in addition to its powers under
Chapter 298, Florida Statutes, said district shall have the
power to maintain roadways and roads necessary and convenient
for the exercise of the powers or duties or any of the powers
or duties of said district and in furtherance of the purposes
and intent of Chapter 298, Florida Statutes, to maintain streets,
roadways, and roads necessary and convenient to provide access
to and efficient development of areas made suitable and avail-
able for cultivation, settlement, urban and suburban, and other
beneficial use and development as a result of the drainage, irri-
gation and reclamation operations of the district; extending the
boundaries thereof to include additional lands in Flagler County;
providing for a limit on the district maintenance taxes; making
other provisions applying to the district; providing an effective
date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Upchurch-
HB 317-A bill to be entitled An act relating to St. Johns
County; permitting the Anastasia Sanitary District to borrow
money and to issue bonds and notes and other evidence of
indebtedness in the same manner and under the same interest
rates, restraints and conditions that pertain to nonchartered
counties, so long as the purpose for incurring the indebtedness
is consistent with the purposes for which the Anastasia Sani-
tary District was created; repealing all portions of chapter
27865, Laws of Florida, 1951, as amended, that are inconsistent
herewith; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Crady-
HB 318-A bill to be entitled An act relating to transporta-
tion services; providing legislative intent; amending s. 427.-
014(3), Florida Statutes, authorizing certain rural counties to
opt not to participate under the provisions of chapter 427,
Florida Statutes, relating to the transportation disadvantaged;
providing an effective date.
Referred to the Committee on Transportation.

By Representatives Brown, Bell, Wetherell, Deratany, Ready,
Myers, C. R. Smith, Messersmith, Clements, Thomas, Gardner,
Mills, Carlton, Girardeau, Brantley, Pajcic, Hattaway, Crady,
Crawford, Batchelor, Lewis, Evans-Jones, Drage, and Hazouri-



HB 319-A bill to be entitled An act relating to the St. Johns
River Water Management District; reenacting and amending s.



January 18, 1982



33











34



JOURNAL OF THE HOUSE OF REPRESENTATIVES



373.0693(8) (b) Florida Statutes, 1979, relating to the creation
and functioning of the Greater St. Johns River Basin encom-
passing all or parts of Alachua, Baker, Bradford, Brevard, Clay,
Duval, Flagler, Indian River, Lake, Marion, Nassau, Okeechobee,
Orange, Osceola, Putnam, St. Johns, Seminole and Volusia Coun-
ties; prescribing that powers, duties, functions and responsibili-
ties of the basin shall be the same as are authorized for other
subdistricts and basins; prescribing the composition of the gov-
erning board of the basin; confirming and ratifying past
actions; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Natural Resources and Com-
munity Affairs.

By Representative Kelly-
HB 320-A bill to be entitled An act for the relief of Wild-
wood Inspection Station, operated by Loyd W. Smith; providing
an appropriation to compensate him for the damages sustained
as a result of the termination of a license to operate a private
motor vehicle safety equipment inspection station; providing an
effective date.
Referred to the Committees on Judiciary and Claims.

By Representatives C. R. Smith, Foster, Kelly, Hollingsworth,
Mitchell, and Shackelford-
HM 321-A memorial to the Congress of the United States,
urging Congress to propose an amendment to the Constitution
of the United States relating to the life tenure of federal court
judges.
Referred to the Committee on Judiciary.

By Representative Woodruff-
HB 322-A bill to be entitled An act relating to Pinellas
County; providing for the relief of Freeman Williams, and his
wife, Dessie Williams; providing an appropriation to compen-
sate them for personal injuries and resulting losses occurring
as a result of the negligence of the District School Board of
Pinellas County; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Judiciary and Claims.

By Representatives C. R. Smith, Foster, Kelly, Hollingsworth,
and Shackelford-
HB 323-A bill to be entitled An act relating to the judiciary;
adding subsection (5) to s. 27.53, Florida Statutes, and sub-
section (7) to s. 925.035, Florida Statutes, prohibiting the
appointment of more than one attorney of record at a time to
represent an insolvent person charged with a felony or capital
offense; providing an effective date.
Referred to the Committee on Judiciary.

By Representatives C. R. Smith, G. Hodges, Kelly, Messer-
smith, Clements, Brown, Price, Morgan, B. L. Johnson, Crady,
Meffert, S. McPherson, Hollingsworth, A. E. Johnson, and
Shackelford-
HB 324-A bill to be entitled An act relating to eminent
domain; amending ss. 127.01(1) and 166.401, Florida Statutes,
requiring counties or municipalities which seek to exercise the
power of eminent domain outside of their territorial boundaries
for the purpose of water supply to apply for a consumptive use
permit from the water management district exercising authority
over the area to be condemned; providing for access to such
property; prohibiting taking without a consumptive use permit;
providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Foster--



HB 325-A bill to be entitled An act relating to the Depart-
ment of Law Enforcement; providing legislative intent; amend-
ing s. 20.201(2), Florida Statutes, and adding subsections (4)
and (5) to said section, creating a Division of Florida State
Troopers within the Department of Law Enforcement; revising
the internal organization of the department; requiring the



January 18, 1982



directors of the various divisions in the department to be
appointed from the ranks of their respective divisions; trans-
ferring the Division of the Florida Highway Patrol of the
Department of Highway Safety and Motor Vehicles to the
Division of Florida State Troopers of the Department of Law
Enforcement and renaming the Florida Highway Patrol accord-
ingly; transferring certain members of the patrol to the Bureau
of Safety Education and Public Relations created in the act;
amending s. 943.03(1), Florida Statutes, increasing the qualifi-
cations necessary for appointment as executive director of the
Department of Law Enforcement; amending s. 943.04(2) (c),
Florida Statutes, providing that certain investigators and troop-
ers utilized by the Department of Law Enforcement shall be
appointed; exempting certain persons from the collective bar-
gaining process; providing for the headquarters of said depart-
ment; directing that changes in terminology in the Florida
Statutes be made; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives C. R. Smith, Foster, Kelly, T. McPherson,
and Shackelford-
HB 326-A bill to be entitled An act relating to county
officers' budgets; amending s. 30.49(4) and (10), Florida Stat-
utes, and repealing subsections (5) and (11) thereof; removing
authority of the sheriff to appeal budget decisions of the board
of county commissioners to the Administration Commission;
amending s. 195.087(1)(b), Florida Statutes; removing author-
ity of the property appraiser or board of county commissioners
to appeal decisions of the Ad Valorem Tax Division regarding
the property appraiser's budget to the Administration Com-
mission; providing an effective date.
Referred to the Committees on Criminal Justice and Finance
& Taxation.

By Representatives Drage, Crotty, McEwan, and Webster-
HB 327-A bill to be entitled An act relating to the local
option tourist development tax; amending s. 125.0104(3)(b)
and (c), (4), (5), (6) and (7), Florida Statutes; authorizing an
increase in the rates at which the tax may be levied; providing
requirements and restrictions with respect to use of revenues
from a portion thereof; requiring referendum approval of any
increase in the tax; providing an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment and Finance & Taxation.

By Representative Wetherell-
HB 328-A bill to be entitled An act relating to cruelty to
animals; amending s. 828.12, Florida Statutes, providing for a
mandatory fine; amending s. 828.122(4), Florida Statutes, in-
creasing the penalty and providing mandatory fines for attend-
ing, or betting or wagering on, the fighting or baiting of
animals; amending s. 828.13(2), Florida Statutes; prohibiting
the causing of pain or suffering to an animal, or the causing
of the death of an animal, in a certain manner; increasing
the penalty for certain specified activities deemed cruelty to
animals from a second degree misdemeanor to a first degree
misdemeanor; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Tygart-
HB 329-A bill to be entitled An act relating to purchasing;
requiring all state agencies with authority to enter into con-
tracts for commodities or services to procure such purchases
from another state agency if available and economically feasi-
ble; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representative G. Hodges-
HB 330-A bill to be entitled An act relating to Gilchrist
County; amending section 1 of chapter 71-649, Laws of Florida;
increasing the membership of the Gilchrist County medical
board; providing an effective date.



Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.











JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Spaet, Friedman, and D. L. Jones-
HB 331-SF-A bill to be entitled A proposal relating to the
Silver-Haired Legislature.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representatives Gardner, Dunbar, S. McPherson, Kelly,
R. C. Johnson, Lippman, Woodburn, Sample, Lehman, Evans-
Jones, Kimmel, Brown, C. R. Smith, Easley, Messersmith,
L. J. Hall, Dyer, Boles, Myers, Carlton, Foster, Robinson, Bush,
Spaet, and Grant-
HB 332-A bill to be entitled An act relating to controlled
substances; creating s. 893.16, Florida Statutes, providing for
delayed dispensing of prescriptions for Schedule II controlled
substances except in case of emergency; providing an effective
date.
Referred to the Committee on Tourism & Economic Develop-
ment.

By Representative Foster-
HB 333-A bill to be entitled An act relating to deceptive
and unfair trade practices; creating s. 501.2045, Florida Stat-
utes, providing that operators of gasoline service stations who
do not provide customers with certain basic services shall be
guilty of violating the "Florida Deceptive and Unfair Trade
Practices Act"; providing an effective date.
Referred to the Committee on Commerce.

By Representative A. E. Johnson-
HB 334-A bill to be entitled An act relating to ad valorem
tax administration; creating the "Elderly Homeowners' Protec-
tion Act"; amending s. 197.072(4)(a), Florida Statutes; pro-
viding that upon request of a taxpayer aged 60 or over the
tax collector shall send notice of unpaid taxes to a third party
designated by the taxpayer; providing an effective date.
Referred to the Committee on Finance & Taxation.

By Representative A. E. Johnson-
HB 335-A bill to be entitled An act relating to public offi-
cers and agencies; amending s. 125.0105, Florida Statutes;
authorizing the governing body of a county to increase the
service fee for dishonored checks up to a specified amount
plus costs of collection and attorneys' fees; requiring county
officers and agencies to accept certain checks; amending s.
166.251, Florida Statutes; authorizing the governing body of a
municipality to increase the service charge for dishonored
checks up to a specified amount plus costs of collection and
attorneys' fees; requiring municipal officers and agencies to
accept certain checks; amending s. 215.34(2), Florida Statutes,
and adding a subsection to said section; increasing the service
fee to be added by a state officer or agency for dishonored
checks and providing such service fee be in addition to costs
of collection and attorneys' fees; requiring state officers and
agencies to accept certain checks; providing that checks which
are required to be accepted by public officers or agencies con-
stitute conditional payment; providing for the personal liability
of public officers under certain circumstances if such a check
is dishonored; providing for distribution of funds from such
checks to certain other public officers; amending s. 832.06(1),
Florida Statutes; providing a procedure to be followed by
public officers with respect to dishonored checks; repealing s.
28.243, Florida Statutes, relating to the personal liability of
clerks of courts or comptrollers for dishonored checks; repeal-
ing s. 195.087(3), Florida Statutes, relating to the personal
liability of tax collectors for certain dishonored checks; pro-
viding an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative A. E. Johnson-



HB 336-A bill to be entitled An act relating to adultery and
fornication; amending s. 798.02, Florida Statutes, to remove
the prohibition against cohabitation by unmarried persons and
to add the requirement of a public act to the provisions of law
which prohibit and provide a penalty for lewd and lascivious



behavior; repealing s. 798.01, Florida Statutes, relating to per-
sons living in open adultery; repealing s. 798.03, Florida Stat-
utes, relating to fornication; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative A. E. Johnson-
HCR 337-A concurrent resolution ratifying the proposed
amendment to the Constitution of the United States relating to
the District of Columbia.
Referred to the Committee on Ethics & Elections.

By Representative Woodruff (by request)-
HB 338-A bill to be entitled An act relating to circuit
courts; amending s. 26.52, Florida Statutes, requiring each
circuit court judge to own a motor vehicle for use in carrying
out his duties; providing that the state and its subdivisions
shall not be required to provide the vehicle; providing an
effective date.
Referred to the Committee on Judiciary.

By Representative Drage-
HB 339-A bill to be entitled An act relating to state uniform
traffic control; adding subsections (68), (69), and (70) to
s. 316.003, Florida Statutes, providing definitions; amending
s. 316.535(6), Florida Statutes, providing that maximum weight
limitations applicable to county roads shall be enforced by
the sheriff of each county; amending s. 316.545(1), (2), (4),
(5), and (6), Florida Statutes, conforming language to author-
ize county sheriffs to enforce weight and load limitations on
county roads; providing for the disposition of funds collected
by counties in enforcing weight and load limitations on county
roads; providing for a county board of review to review pen-
alties assessed upon vehicles or persons concerning weights or
loads on county roads; providing an effective date.
Referred to the Committee on Transportation.

By Representative Brodie-
HJR 340-A joint resolution proposing an amendment to
Section 6 of Article VII and the creation of Section 20 of
Article XII of the State Constitution, relating to homestead
tax exemptions.
Referred to the Committees on Finance & Taxation and
Appropriations.

By the Committee on Veterans Affairs and Representatives
Sheldon, Boles, and Brodie-
HB 341-A bill to be entitled An act relating to the Advisory
Council on Veterans' Affairs; amending s. 292.04, Florida Stat-
utes; creating the Florida Commission on Veterans' Affairs;
providing for its membership, operation, and duties; requiring
annual reports; providing an appropriation; providing for re-
view and repeal in accordance with the Sundown Act; providing
an effective date.
Referred to the Committee on Appropriations.

By Representatives Webster and Watt-
HB 342-A bill to be entitled An act relating to engineering;
amending s. 471.003(2) (i), Florida Statutes- to exempt any
licensed electrical, plumbing, air-conditioning, or mechanical
contractor from the requirement that he register as a registered
engineer; providing for review and repeal in accordance with
the Regulatory Sunset Act; providing an effective date.
Referred to the Committee on Tourism & Economic Develop-
ment.

By Representative Watt-



HB 343-A bill to be entitled An act relating to appropria-
tions; amending s. 11.076, Florida Statutes; requiring that
certain general laws which require municipalities or counties
to perform certain acts include an appropriation to cover the



January 18, 1982










36 JOURNAL OF THE HOUSE

cost of performing such acts; providing that general laws which
fail to comply with the requirement are void; providing an
effective date.
Referred to the Committees on Community Affairs and
Appropriations.

By Representatives Alien and Fontana-
HB 344--A bill to be entitled An act relating to saltwater
fisheries; amending s. 370.14(6) (a) and (b), Florida Statutes,
changing the dates of the sports fishermen's crawfish season;
providing an effective date.
Referred to the Committee on Natural Resources.

By Representatives Melby, Reynolds, and D. L. Jones-
HB 345-A bill to be entitled An act relating to victims of
crimes; amending s. 960.13(7), Florida Statutes, and adding a
new subsection (8), entitling victims of crimes committed by
persons on parole or probation to compensation regardless of
economic hardship; amending s. 945.30(1), Florida Statutes, and
adding a subsection thereto, increasing the minimum payment of
persons on probation or parole for the cost of their supervision;
requiring the Department of Corrections to divert the increased
funds collected from parolees and probationers to the Crimes
Compensation Trust Fund; providing an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representatives Melby and Richmond-
HB 346--A bill to be entitled An act relating to clerks of the
circuit court; amending s. 28.33, Florida Statutes, to provide that
circuit court clerks shall retain a certain percentage of all in-
terest accruing from moneys deposited in the court's registry;
providing for allocation of remaining interest; amending s. 197.-
291(2), Florida Statutes, to correct a cross-reference; repealing
s. 28.24(14), Florida Statutes, relating to service charges by
circuit court clerks for receiving money into the court registry;
providing an effective date.
Referred to the Committee on Community Affairs.

By Representatives Melby, D. L. Jones, Bell, and Price-
HB 347-A bill to be entitled An act relating to official use
of the English language; creating s. 15.145, Florida Statutes;
providing that English shall be the official language of the state
and that all official publications, records, and contracts shall be
in English; amending ss. 50.011, 50.021, 119.01, and 286.011(1),
Florida Statutes, and creating s. 316.0756, Florida Statutes;
providing that all public signs and directions, legal notices,
public records and meetings, and traffic signs be in English;
adding subsection (8) to s. 125.01, Florida Statutes, and sub-
section (6) to s. 166.021, Florida Statutes; providing that all
official county and municipal publications, contracts, and govern-
mental activities be in English; specifying that no county or
municipality shall be declared officially bilingual; amending s.
455.11(2), Florida Statutes, and adding subsection (4) to s. 455.-
217, Florida Statutes; providing that all examinations for
licensure for professions regulated by the Department of Pro-
fessional Regulation be in English; deleting provision for ex-
amination of certain immigrants in their native tongue; pro-
viding an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Ogden--
HB 348-A bill to be entitled An act relating to witnesses;
amending s. 92.142, Florida Statutes; providing that a law en-
forcement officer who is a witness in any case in any court
shall receive $10 for each day's actual attendance; providing an
effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Brodie--



HJR 349-A joint resolution proposing an amendment to
Section 4 of Article X of the State Constitution relating to the
exemption of homesteads from forced sale and certain liens.
Referred to the Committee on Judiciary.



,]



to certain local authorities with respect to applications for
filling land; amending s. 253.1241, Florida Statutes; providing
that the Department of Environmental Regulation as well as
the Department of Natural Resources shall be required to make
certain studies with respect to state lands; amending s. 253.125,
Florida Statutes, providing for consideration by local govern-
ment of certain activities relating to state land; amending s.



E OF REPRESENTATIVES January 18, 1982

By Representative Crady-
HB 350-A bill to be entitled An act relating to hunting;
creating s. 372.5715, Florida Statutes; requiring a certificate of
competency and safety in the handling of firearms for certain
hunters; requiring the Game and Fresh Water Fish Commission
to prescribe, institute, and coordinate a course of instruction;
providing for issuance of such certificates; providing for ac-
ceptance of certificates issued outside the state; providing for a
fee; providing a penalty; providing an effective date.
Referred to the Committees on Natural Resources and Appro-
priations.

By Representative L. J. Smith-
HB 351-A bill to be entitled An act relating to criminal
mischief; adding paragraph (d) to s. 806.13(2), Florida Statutes,
providing penalties for the vandalism of places of worship;
providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Evans-Jones-
HB 352-A bill to be entitled An act relating to Brevard
County; amending section 2 of chapter 65-1289, Laws of Florida,
providing that the Merritt Island library board shall be made up
of the residents, rather than the freeholders, of the district;
amending section 4 of chapter 65-1289, Laws of Florida, as
amended by chapter 76-330, Laws of Florida, relating to review
of the library board's proposed budget, to conform with this
change; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Lehman-
HB 353-A bill to be entitled An act relating to professional
regulation; amending s. 455.241(2), Florida Statutes, authorizing
the Department of Professional Regulation to obtain patient
records without consent under certain circumstances; creating
s. 455.243, Florida Statutes, expanding the authority of the
department to inspect places where drugs and medical supplies
are manufactured, sold or stored; providing an effective date.
Referred to the Committee on Tourism & Economic Develop-
ment.

By Representative B. L. Johnson-
HB 354-A bill to be entitled An act relating to highway
designation; designating and naming State Road 173 in Escambia
County as the Blue Angel Parkway; providing for appropriate
markers to be erected by the Department of Transportation;
providing an effective date.
Referred to the Committee on Transportation.

By Representatives Messersmith, S. McPherson, Danson, and
Brodie-
HB 355--A bill to be entitled An act relating to taxation;
adding s. 200.065(9), Florida Statutes; limiting to 10 percent
above a certain amount any increase in a taxing authority's
budget, exclusive of new construction, except under certain
conditions; providing an effective date.
Referred to the Committee on Finance & Taxation.

By Representative Lewis-
HB 356---A bill to be entitled An act relating to the protection
of natural resources; amending s. 253.123, Florida Statutes,
providing a definition; providing that the Department of Envi-
ronmental Regulation shall be responsible with respect to regu-
lating certain restrictions on filling land and dredging in the
state; amending s. 253.124, Florida Statutes; deleting reference










JOURNAL OF THE HOUSI



403.091, Florida Statutes, providing for inspection by the
Department of Environmental Regulation of certain property
on which a hazardous waste generator, transporter or facility
or other air or water contaminant source is located; amending
s. 403.201(2), Florida Statutes, relating to variances granted
by the Department of Environmental Regulation from the pro-
visions of the Florida Air and Water Pollution Control Act
to provide special notice procedures; authorizing the department
to proceed without a hearing under certain circumstances;
amending s. 403.72(1), Florida Statutes, making discretionary
with the department certain considerations in adopting rules;
adding subsection (7) to s. 403.725, Florida Statutes, placing
a limitation on the use of certain moneys in the Hazardous
Waste Management Trust Fund; amending s. 403.727(4), Florida
Statutes, providing certain defenses available to a person alleged
to be in violation of the Florida Resource Recovery and Man-
agement Act; amending s. 403.8055(4), Florida Statutes, and
adding subsection (6) thereto, requiring specific reference to
federal regulations where such regulations are adopted as a
rule by the Department of Environmental Regulation; amending
s. 403.814(1) and (2), Florida Statutes, providing a time period
for the commencement of work under a general permit issued
by the Department of Environmental Regulation for projects
governed by chapter 253 or chapter 403, Florida Statutes; pro-
viding an effective date.
Referred to the Committees on Natural Resources and Appro-
priations.

By Representatives Davis, Silver, and Carpenter-
HB 357-A bill to be entitled An act relating to bail; amend-
ing s. 903.133, Florida Statutes, expanding the types of first
degree felonies for which a person convicted thereof may be
denied bail upon appeal; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Fox-
HB 358-A bill to be entitled An act relating to unemploy-
ment compensation; amending s. 443.151(3)(a) and (d), Florida
Statutes; modifying provisions with respect to notification of
claimants and certain of their employers as to initial deter-
minations upon claims to provide that such notice shall be made
at the address of record; providing that notice of any deter-
mination or redetermination upon a claim involving the appli-
cation of the provisions of s. 443.091, Florida Statutes, relating
to benefit eligibility conditions, shall be promptly given to the
claimant and entitled employers; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representatives Mann and Nuckolls-
HB 359-A bill to be entitled An act relating to Lee County;
amending section 1 of chapter 27676, Laws of Florida, 1951,
as amended, relating to the Fort Myers Beach Fire Control
District, by adding certain lands to said district; providing
for a referendum.
Referred to the Committee on Community Affairs.

By Representatives Mann and Nuckolls-
HB 360-A bill to be entitled An act relating to the City of
Punta Gorda; amending section 5(2) of chapter 79-558, Laws
of Florida, relating to an increase in the tax levy authorized
for special taxing districts established for the purpose of the
maintenance of canals, waterways and navigable channels; pro-
viding for a referendum.
Referred to the Committee on Community Affairs.

By the Committee on Regulatory Reform-
HB 361--A bill to be entitled An act relating to independent
colleges and universities; declaring ss. 246.011-246.151, Florida
Statutes, as part I of chapter 246, Florida Statutes, and ss.
246.201-246.231, Florida Statutes, as part II of said chapter;



amending ss. 246.011(1) and (3), 246.021, and 246.031(1) (a), (2),
(3), and (4), amending s. 246.041(1) and (2)(e), and adding a
paragraph (g), and amending ss. 246.051, 246.061, 246.071, 246.-
081, 246.091(1), 246.095, 246.101, 246.111, 246.121, 246.131, 246.-
141, and 246.151, all Florida Statutes; correcting chapter ref-
erences; modifying legislative purpose; modifying the definitions



January 18, 1982



Florida Statutes, authorizing the Comptroller to disseminate
certain information; amending s. 20.12, Florida Statutes, pro-
viding for the creation of certain divisions within the Depart-
ment of Banking and Finance; providing an effective date.
Referred to the Committees on Commerce and Appropriations.



SOF REPRESENTATIVES 37

of "college," "agent," and "colleges whose credits or degrees are
accepted for credit by at least three accredited institutions of
higher learning" and defining "license" for purposes of the
part; clarifying references to "educational institutions" where
such term means colleges only; providing a limitation with
respect to selection of members of the Board of Independent
Colleges and Universities; removing obsolete provisions; pro-
viding for the annual selection of a chairperson and a vice chair-
person; authorizing certain delegation of board authority to the
chairperson; modifying reporting requirements; modifying cer-
tain provisions relating to solicitation of college enrollment;
clarifying provisions relating to colleges which may apply for
exclusion from licensing requirements; modifying license fees;
modifying agents' fees; further restricting use of the term
"university" or "college"; saving from sunset repeal ss. 246.011-
246.151, Florida Statutes, as amended; providing for future
review and repeal in accordance with the Regulatory Sunset
Act; providing a directive to the statute editors; providing an
effective date.
Referred to the Committee on Appropriations.

By Representative T. McPherson-
HB 362-A bill to be entitled An act relating to environ-
mental regulation; providing a short title; amending s. 403.081,
Florida Statutes; providing that the Department of Environ-
mental Regulation establish coordination procedures with the
Game and Fresh Water Fish Commission and the Department of
Natural Resources to obtain certain advisory studies and reports;
amending s. 403.087(4), Florida Statutes; requiring that per-
mitted installations not interfere with conservation of animal,
plant, or aquatic life; amending s. 403.813(2) (b) and (e), Florida
Statutes, and adding paragraphs (p) and (q) to said subsection;
modifying permit exemptions for installation and repair of
certain mooring pilings, dolphins, private docks, and piers, and
for repair and restoration of seawalls, and providing exemptions
for installation and removal of duck blinds and for installation
and maintenance of certain structures in artificially created
water bodies by commercial forestry operations; amending s.
403.817(3), Florida Statutes; providing that the department may
adopt amendments to certain vegetation or soil indices without
legislative approval under certain conditions; repealing s. 253.76,
Florida Statutes, which authorizes the Board of Trustees of
the Internal Improvement Trust Fund to hear appeals of de-
cisions of the department under chapter 253, Florida Statutes;
providing an effective date.
Referred to the Committee on Natural Resources.

By Representatives Dunbar and Sample-
HB 363-A bill to be entitled An act relating to guardianship;
amending s. 744.331(5), Florida Statutes; increasing the number
of citizen members on an examining committee appointed to
determine competency prior to appointment of a guardian; pro-
viding for periodic reexamination of persons determined to be
incompetent; providing an effective date.
Referred to the Commmittee on Judiciary.

By Representative Hagler-
HB 364--A bill to be entitled An act relating to the Comp-
troller; amending s. 17.01, Florida Statutes, increasing the
amount of the faithful performance bond of the Comptroller;
amending s. 17.03(2), Florida Statutes, authorizing the Comp-
troller to delegate the authority of delivering state warrants, by
contract or otherwise, to other state agencies or officers; amend-
ing s. 17.041(1), (3), and (5), Florida Statutes, relating to
county and district accounts and claims; amending s. 17.076(4),
Florida Statutes, relating to the direct deposit of funds, to
allow certain authorization; amending s. 17.10, Florida Statutes,
providing for records of warrants issued; amending s. 17.11,
Florida Statutes, relating to the Comptroller's report of war-
rants disbursed; amending s. 17.20, Florida Statutes, authorizing
the Department of Banking and Finance to assign certain claims
to collection agents; creating s. 17.29, Florida Statutes, authoriz-
ing the Comptroller to make certain rules; creating s. 17.30,










JOURNAL OF THE HOUSI



By Representative Meffert-
HB 365-A bill to be entitled An act relating to damage by
dogs; amending s. 767.03, Florida Statutes, to provide that, in
an action for damages or a criminal prosecution, satisfactory
proof that a dog was killing horses shall constitute a good de-
fense to the killing or injuring of the dog; providing an effective
date.
Referred to the Committee on Judiciary.

By Representative L. R. Hawkins-
HB 366-A bill to be entitled An act for the relief of Crystal
Andrews; providing an appropriation to a trust to compensate
her for the death of Jeffrey Allen Andrews, her father; pro-
viding for payment of attorneys' fees and administration fees;
providing an effective date.
Referred to the Committee on Judiciary.

By Representative L R. Hawkins-
HB 367-A bill to be entitled An act relating to hit-and-run
drivers; adding s. 775.15(7), Florida Statutes; providing that
the period of limitation for prosecution of certain hit-and-run
offenses shall not run under certain circumstances; providing
a limitation; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Allen-
HB 368-A bill to be entitled An act relating to mortgages;
amending s. 697.01, Florida Statutes; providing conditions under
which a seller is not required to pursue foreclosure to establish
his right to real property which is the subject of an unrecorded
written agreement to sell; providing an effective date.
Referred to the Committee on Commerce.

By Representative Steele-
HB 369-A bill to be entitled An act relating to the Canaveral
Port District, Brevard County; amending Sections 1 and 2 of
Article XVII of Chapter 28922, Laws of Florida, 1953, as
amended, to change the monetary ceiling limitations of $3,000
and $1,000 to $10,000 and $3,000, respectively, below which
limitations the formal advertisement bid procedure of the
Canaveral Port Authority would not be followed, except that
for work or purchases involving monetary sums between $3,000
and $10,000 three telephonic bids must be obtained; providing
an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Pajcic-
HB 370-A bill to be entitled An act relating to process;
amending s. 30.231(2) and (3), Florida Statutes, requiring
parties seeking service of process to provide the sheriff with
certain information; clarifying a restriction upon additional
fees for certain service; amending s. 30.30(1), Florida Statutes,
requiring instructions for levy by sheriffs to disclose the balance
due on the writ; amending s. 48.031(2), Florida Statutes, chang-
ing requirements for service of witness subpeonas in misde-
meanor cases; amending s. 48.041, Florida Statutes, changing
procedures for service against unmarried minors and incompe-
tents and applying such procedures to service against patients
in drug abuse centers or alcoholic detoxification facilities;
amending s. 48.051, Florida Statutes, changing the method of
service of process against state prisoners; amending s. 56.22,
Florida Statutes, providing for the disposition of property not
sold at the initial sheriff's sale; amending s. 56.23, Florida
Statutes, providing for sale of property at an advertised loca-
tion; amending ss. 56.275 and 116.21(1) and (2), Florida Stat-
utes, conforming provisions relating to the sheriff's disposition
of unclaimed moneys from sheriff's sales to general provisions



relating to the disposition of unclaimed moneys; amending s.
210.14(1) and (2), Florida Statutes, changing the procedure
for the filing of warrants with the clerk of the circuit court
for. collection, of delinquent cigarette taxes; repealing s. 56.11,



SOF REPRESENTATIVES January 18, 1982

Florida Statutes, removing the authority of defendants in execu-
tion to substitute property for that which has been levied upon;
providing an effective date.
Referred to the Committee on Judiciary.

By Representatives Crawford, Gardner, Brantley, Messersmith,
Lehman, D. L. Jones, Clements, Grant, Kimmel, Cosgrove,
Robinson, Burnsed, Dyer, A. E. Johnson, Crotty, Gustafson,
Crady, Spaet, L. R. Hawkins, Carlton, B. L. Johnson, O'Malley,
Young, and Lippman-
HB 371-A bill to be entitled An act relating to real estate;
adding paragraph (d) to s. 20.30(2), Florida Statutes, and
amending subsections (3) and (4)(v), (w), (x), and (y) of
said section; establishing the Division of Real Estate within
the Department of Professional Regulation; providing for
appointment of a division director; providing duties; providing
for funding of the division; providing for transfer of property
and personnel; providing for offices; creating s. 455.200, Florida
Statutes, defining "board," for the purposes of chapter 455,
to include the Florida Real Estate Commission; amending s.
455.201(3), Florida Statutes, clarifying language; amending s.
455.217(1), Florida Statutes, providing that the department, in
conjunction with specified divisions, shall provide for the prep-
aration and administration of licensure examinations; amending
ss. 475.01(1), (5), and (8), 475.02, 475.03, 475.04, 475.05, 475.10,
475.125, 475.15, 475.17, 475.175, 475.181, 475.182, 475.183, 475.22,
475.23, 475.24, 475.25, 475.28, 475.31(2), 475.37, 475.38, 475.-
42(1)(e), (g), (h), (i), and (k), 475.451(1), (2)(c), and (7),
475.4511(5), 475.452(2) and (3), 475.453, 475.454, 475.455, 475.-
482(1) and (2), 475.483(1)(b), 475.4835, 475.484(1), (2), and
(5), and 475.486, all Florida Statutes; renaming the Board of
Real Estate as the Florida Real Estate Commission; modifying
membership requirements; providing for continuation of present
board members; authorizing the commission to employ or utilize
the services of outside counsel; providing for conflict of interest
with respect thereto; providing for licensure of real estate
brokers and salesmen through the Division of Real Estate;
modifying continuing education requirements; conforming ter-
minology throughout the chapter; providing for review and
repeal in accordance with the Regulatory Sunset Act; providing
effective dates.
Referred to the Committees on Tourism & Economic Develop-
ment and Appropriations.

By the Committee on Higher Education-
HB 372-A bill to be entitled An act relating to postsecondary
education; amending s. 240.241(2), Florida Statutes; providing
for the exemption of certain specified information generated or
received in the course of research within state universities from
chapter 119, Florida Statutes; providing for the disclosure of
certain information upon request; providing an effective date.
Placed on the Calendar without reference.

By Representative Carpenter-
HB 373-A bill to be entitled An act relating to the regulation
of unsolicited commercial telephone calls; creating s. 364.401,
Florida Statutes; providing definitions; prohibiting the making
of unsolicited commercial telephone calls to certain subscribers;
providing for the adoption of rules by the Florida Public Serv-
ice Commission; providing that administrative costs are to be
borne by those making such calls; providing an effective date.
Referred to the Committee on Energy.

By Representative C. R. Smith-
HB 374-A bill to be entitled An act relating to property
tax notices; amending s. 200.069(4) (d), Florida Statutes, delet-
ing reference to the "Tax Collector" with respect to the notices
of proposed property taxes sent by the property appraiser, and
substituting "property appraiser" therefore; providing an effec-
tive date.
Referred to the Committee on Finance & Taxation.



By Representative C. R. Smith-
HB 375-A bill to be entitled An act relating to supervisors
of elections; providing for preparation of an annual budget for
the office of county supervisor of elections, to be submitted to
the board of county commissioners or county budget commission










JOURNAL OF THE HOUSE



for inclusion in the county annual budget; providing contents
and procedure for preparation thereof; providing procedure for
payment of salaries and expenses of the office of the super-
visor; providing for accounts and records; providing for disposi-
tion of unexpended balances; providing limitations on the
amount of funds which may be retained on deposit; preserving
certain powers of the supervisor; providing an effective date.
Referred to the Committee on Ethics & Elections.

By Representative G. Hodges-
HB 376-A bill to be entitled An act relating to motor fuels;
amending s. 526.121, Florida Statutes, allowing a price differen-
tial between credit sales and cash sales of the same grade of
gasoline supplied from a common storage; providing an effec-
tive date.
Referred to the Committee on Commerce.

By Representative Brantley-
HB 377-A bill to be entitled An act relating to Lake, Orange,
and Seminole counties; amending s. 2, chapter 74-519, Laws of
Florida; prohibiting the possession of firearms on certain por-
tions of the Wekiwa and Little Wekiwa rivers; providing penal-
ties; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Sample-
HB 378--A bill to be entitled An act relating to nursing
homes; amending s. 233.0671, Florida Statutes, authorizing dis-
trict school boards as well as other educational institutions to
contract with nursing homes to provide facilities for nursing
assistants' courses; creating s. 400.145, Florida Statutes, requir-
ing the certification of nursing assistants in nursing homes;
providing qualifications; providing for rules; providing for review
and repeal in accordance with the Regulatory Sunset Act; pro-
viding an effective date.
Referred to the Committees on Health & Rehabilitative
Services and Appropriations.

By Representative Patterson-
HB 379-A bill to be entitled An act for the relief of Big "T"
Inspection Station, a vehicle inspection station operated by
Peggy J. Rhyne; providing an appropriation to compensate her
for damages sustained as a result of the termination of a license
to operate a private motor vehicle safety equipment inspection
station; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Patterson-
HB 380-A bill to be entitled An act for the relief of Brent
Rain Barrel, a vehicle inspection station operated by Peggy J.
Rhyne; providing an appropriation to compensate her for dam-
ages sustained as a result of the termination of a license to
operate a private motor vehicle safety equipment inspection
station; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Bush-
RJR 381-A joint resolution proposing an amendment to Sec-
tion 1 of Article V of the State Constitution relating to mu-
nicipal courts.
Referred to the Committee on Judiciary.

By Representative Sample--
HB 382-A bill to be entitled An act relating to state con-
tracts; providing legislative intent; requiring cost-benefit analy-



sis and detailed supportive evidence prior to the execution of
certain state contracts; requiring certain assessments; amending
s. 119.011(1), Florida Statutes, redefining the term "public
records" to include certain records with respect to contracts
between public agencies and private corporations or individuals;



January 18, 1982



for review and repeal; amending s. 220.02(7) (a) and (8) (a),
Florida Statutes, and adding subsection (9) thereto; amending
s. 220.03(1)(c), (i), (m), (n), (p) and (s), Florida Statutes,
and adding paragraphs (w), (x), (y), (z) and (aa) thereto;
amending s. 220.181(1)(a) and (b), (2), (3), (6), and (7), Flor-
ida Statutes, and adding paragraph (1)(d) thereto; amending
s. 220.182(1)(b), (9), (10), (11), (12) and (13), Florida Stat-
utes; renumbering and amending s. 220.183(1)(c), (2), (5) (a),



SOF RPRPRESENTATIVES 39

creating s. 119.0113, Florida Statutes, providing that certain
records shall be deemed public by virtue of state-contracted
services; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Young-
HB 383-A bill to be entitled An act relating to education;
creating section 233.0678, Florida Statutes; establishing the
Florida Youth Art Symposium for the purpose of rewarding
outstanding high school students and teachers in the state for
their work in visual and creative arts; providing an appropria-
tion; providing an effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representative Young-
HB 384-A bill to be entitled An act relating to education;
creating s. 232.2461, Florida Statutes, establishing the Florida
Academic Scholars' Program; providing for designation of high
school students meeting prescribed criteria; providing for admis-
sion to state universities; providing for award of scholarships
from the Florida Academic Scholars' Fund; providing for rules;
amending s. 240.402(1), Florida Statutes, relating to the Florida
Academic Scholars' Fund, to conform; providing effective dates.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representative Hieber-
HB 385-A bill to be entitled An act relating to public food
service establishments; creating s. 509.213, Florida Statutes, re-
quiring such establishments to have an employee on duty who
can administer emergency first aid to choking victims; pro-
viding exemption from liability; providing for review and repeal
in accordance with the Regulatory Sunset Act; providing an
effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representative L. H. Plummer-
HB 386-A bill to be entitled An act relating to state uniform
traffic control; amending s. 316.295(1), (2), Florida Statutes;
providing criteria for the operation of motor vehicles on which
the windows are composed of, covered by, or treated with cer-
tain materials; providing a penalty; creating s. 316.2955, Florida
Statutes; prohibiting the sale of certain materials or automotive
glass without certain information being printed thereon; pro-
viding a penalty; amending s. 316.297, Florida Statutes; pro-
hibiting the sale of certain materials or automotive glass;
providing a penalty; repealing s. 316.298, Florida Statutes,
relating to motor vehicle windows and exemptions for manu-
facturers; providing an effective date.
Referred to the Committee on Transportation.

By Representatives Kutun, Steele, and Meek-
HB 387-A bill to be entitled An act relating to community
and economic revitalization; creating chapter 162, Florida Stat-
utes; creating the Florida Enterprise Zone Act of 1982; provid-
ing legislative findings; providing policy and purpose; providing
definitions; providing for designation of enterprise zones by
local governing bodies; providing for application and approval
of enterprise zones by the Department of Veteran and Com-
munity Affairs; providing a listing of state and local programs
and incentives available in enterprise zones; providing duties
of department with respect to federal enterprise zone programs;
providing for the assistance of specified departments in imple-
mentation of the chapter and programs; providing status of
designated slum or blighted areas under the chapter; providing










40 JOURNAL OF THE HOUSE

(b) and (d) and (8), Florida Statutes, and adding paragraph
(3)(e) thereto and repealing subsection (3) thereof; amending
ss. 159.26, 159.27(5) and (19), and 196.012(14), Florida Stat-
utes; adding subsections (6) and (7) to s. 288.604, Florida
Statutes; amending s. 288.606(1)(a), (b) and (d) and (3),
Florida Statutes, and adding paragraph (2)(e); amending ss.
288.607(2)(a) and (5)(a), and 288.608(1)(b), (5)(a), and (6),
Florida Statutes; providing that the economic revitalization jobs
creation incentive credit, the economic revitalization tax incen-
tive credit, the community contribution tax credit, the Florida
Industrial Development Financing Act, and the economic devel-
opment ad valorem tax exemption shall apply with respect to
enterprise zones rather than slum or blighted areas; revising
requirements with respect to employees of businesses to which
the economic revitalization tax incentive credit applies and
revising the definition of "new business"; specifying the effect
of the expiration of provisions granting said credit; revising
requirements with respect to employees and providing for
replacement employees under the economic revitalization jobs
creation incentive credit; authorizing carryover of unused eco-
nomic revitalization jobs creation incentive credit; authorizing
use of unused carry forward credits after expiration of economic
revitalization jobs creation credit; authorizing such carryover
for the community contribution tax credit; authorizing use of
unused carry forward credits after expiration of the community
contributions tax credit; transferring certain definitions relating
to such credit and providing expiration dates; revising the
definition of "project" for purposes of such credit; defining
"service area" and "target area" under the Community Develop-
ment Corporation Support and Assistance Program and pro-
viding application with respect to membership, proposed re-
quirements and evaluation, and authorized loan uses; providing
that a target area may be an enterprise zone; providing that
loans under said program be repaid within 15 years; providing
for order of application of credits against the corporate income
or franchise tax; providing an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment, Finance & Taxation, and Appropriations.

By Representative Steele-
HB 388-A bill to be entitled An act relating to the tax on
sales, use, and other transactions: adding paragraph (d) to s.
212.08(5), Florida Statutes; providing that building materials
used in the rehabilitation of real property located in a slum or
blighted area shall be exempt from said tax; providing for a
refund of previously paid taxes; providing for refund appli-
cations; requiring a sworn statement under penalty of perjury;
providing a limitation of the number of and amount of refunds;
providing for rules; providing for approval by the Department
of Veteran and Community Affairs of areas qualified under
the act; providing an effective and expiration date.
Referred to the Committees on Tourism & Economic Develop-
ment, Finance & Taxation, and Appropriations.

By Representative Kutun-
HB 389-A bill to be entitled An act relating to tangible
personal property taxation; amending s. 192.032(2), Florida
Statutes, and adding subsection (7); providing that marine cargo
containers used in foreign or interstate commerce shall not be
deemed to have acquired taxable situs in the state under certain
circumstances; providing an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment, Finance & Taxation, and Appropriations.

By Representatives Sadowski, Rosen, C. A. Hall, Cosgrove,
Gordon, Meek, and L. R. Hawkins--
HB 390-A bill to be entitled An act relating to community
colleges; amending s. 240.359(1), Florida Statutes; requiring
the Department of Education to adjust allocations for certain
community colleges based on regional cost differentials; pro-
viding a formula for calculation of differentials; providing an
effective date.
Referred to the Committees on Education, Higher and Appro-
priations.



By the Committee on Community Affairs-
HB 391-A bill to be entitled An act relating to local govern-
ment financial matters; amending s. 11.45(3)(a), Florida Stat-



,]



E OF REPRESENTATIVES January 18, 1982

utes, and adding paragraphs (f), (g) and (h) to subsection
(1) thereof; providing definitions; providing for the discretion-
ary authority of the Auditor General to conduct certain per-
formance audits; requiring certain governmental entities to
have annual audits performed; providing that each unit of
local government required to have an annual audit performed
shall also require the preparation of a management letter to
accompany the audit; directing the Auditor General to make
certain rules with respect to the form and content of all local
governmental entity audits; requiring certain financial audit
reports to be submitted for review to the Auditor General within
a specified time limit; amending paragraph (b) of subsection
(1) of s. 218.32, Florida Statutes, providing that local govern-
ments shall submit certain financial reports on or before
January 31 of each year; amending s. 421.091(1), Florida Stat-
utes, requiring that certain audits under the "Housing Authori-
ties Law" shall be made in accordance with federal audit
standards of public housing agencies; repealing s. 166.241(4),
Florida Statutes, relating to municipal financial postaudits;
repealing s. 218.34(5), Florida Statutes, relating to financial
postaudits of special districts; providing an effective date.
Placed on the Calendar without reference.

By Representative Gardner-
HB 392-A bill to be entitled An act relating to Brevard
County; authorizing Brevard County to sell, lease or otherwise
dispose of county owned property within the Gateway Center
Industrial Park as defined herein by private sale or transaction;
providing an exception to ss. 125.35-125.38, Florida Statutes;
declaring private sales and transactions of property in Gateway
Center Industrial Park to serve a public purpose; providing an
effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By the Committee on Agriculture & General Legislation-
HB 393-A bill to be entitled An act relating to citrus excise
taxes; amending s. 601.15(7)(f), Florida Statutes; removing
the 3-year limitation on authority of the Florida Citrus Com-
mission to expend a percentage of said taxes on certain domestic
advertising; authorizing said commission to expend an addi-
tional percentage of said taxes on certain foreign advertising;
providing an effective date.
Placed on the Calendar without reference.

By Representative M. E. Hawkins-
HB 394-A bill to be entitled An act relating to the Pelican
Bay Improvement District, Collier County; amending section
2(1) and (8) of chapter 74-462, Laws of Florida, as amended,
relating to definitions; amending section 3(1), (2), and (6) of
chapter 74-462, Laws of Florida, as amended, extending the
terms of the appointed board of supervisors, providing for
staggered elections of the board, changing the method of filling
vacancies and qualifying as a candidate for election, and pro-
viding for a change in compensation; amending section 5(4)
and (13) of chapter 74-462, Laws of Florida, providing for
levy of taxes and special assessments and fees and user charges,
and adding employees of the district to the state retirement
system; adding subsection (28) to section 5 of chapter 74-462,
Laws of Florida, allowing additional powers; amending section
29 of chapter 74-462, Laws of Florida, providing for the levy
of ad valorem taxes to construct, operate, and maintain assess-
able improvements; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Gardner-
HB 395-A bill to be entitled An act relating to Brevard
County; repealing chapter 69-864, Laws of Florida, relating to
authorizing military leave of absence for the district super-
intendent of schools and employees of the county school board



and to provisions for length of leave and terms and conditions
on which leave is to be granted; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.











JOURNAL OF THE HOUSI



By the Committee on Education, Higher-
HB 396-A bill to be entitled An act relating to postsecondary
education; amending s. 240.335, Florida Statutes, requiring com-
munity college boards of trustees to eradicate discrimination in
granting salaries and to file annual reports; amending s. 240.359
(3) (d), Florida Statutes, eliminating a duplicative and con-
tradictory statutory requirement that community colleges offer
free courses to the elderly under certain circumstances; adding a
subsection to s. 240.365, Florida Statutes, providing for the
cancellation of the registration of students with delinquent
accounts; amending s. 240.513(3) (b), (e), and (f), Florida Stat-
utes, providing for appropriation for Shands Teaching Hospital
to the J. Hillis Miller Health Center; amending s. 242.62(2) (c)
and (d) and (3), Florida Statutes, providing for appropriation
for the first accredited medical school to the Department of
Education; amending s. 243.151(1) and (3), Florida Statutes,
providing for the length of lease agreements under specified
conditions and for universities to negotiate agreements under
this section; amending s. 381.503(3) (a) and (b), (4), (5)(c), (6),
(7), and (8), Florida Statutes, providing for community hospital
education within the Department of Education; providing an
effective date.
Placed on the Calendar without reference.

By Representative Shackelford-
HB 397-A bill to be entitled An act relating to local govern-
ment financial matters; amending s. 11.45(3)(a), Florida Stat-
utes, eliminating the requirement that counties and certain mu-
nicipalities must perform an annual financial audit; repealing s.
166.241(4), Florida Statutes, relating to municipal financial post-
audits; providing an effective date.
Referred to the Committee on Community Affairs.

By Representative C. A. Hall-
HB 398-A bill to be entitled An act relating to public lodging
establishments; creating s. 509.212, Florida Statutes; requiring
future public lodging establishments to be equipped with an
automatic sprinkler system; providing standards; requiring exist-
ing public lodging establishments to be equipped with an auto-
matic sprinkler system and an automatic smoke detection system
by certain dates; providing standards; providing for enforcement
by the State Fire Marshal; providing an effective date.
Referred to the Committee on Tourism & Economic Develop-
ment.

By Representative C. A. Hall-
HB 399-A bill to be entitled An act relating to public lodging
establishments; creating s. 553.895, Florida Statutes; requiring
future public lodging establishments to be equipped with an
automatic sprinkler system; providing standards; requiring exist-
ing public lodging establishments to be equipped with an auto-
matic sprinkler system and an automatic smoke detection system
by certain dates; providing standards; providing for enforcement
by the State Fire Marshal; providing an effective date.
Referred to the Committee on Tourism & Economic Develop-
ment.

By Representative C. A. Hall--
HB 400-A bill to be entitled An act relating to fire safety;
amending s. 509.303(2), (3), Florida Statutes; providing the
State Fire Marshal with authority to enforce certain fire safety
regulations; providing an effective date.
Referred to the Committee on Tourism & Economic Develop-
ment.

By Representative Grant--
HB 401-A bill to be entitled An act relating to Medicaid;
adding a new subsection (11) to s. 409.266, Florida Statutes,
relating to the Medicaid prescription drug program; providing
for payment of professional fees for certain participating phar-
macists and for reimbursement for cost of drug products; pro-
viding for periodic fee surveys; providing for annual cost-of-
living increases; providing an effective date.



Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.



January 18, 1982



HB 409-A bill to be entitled An act relating to Manatee
County; authorizing a lot clearing procedure for Manatee
County; providing for a short title; providing for intent; pro-
viding for clearing land of weeds, brush, and debris; providing
for notification of property owner; providing for clearing by



SOF REPRESENTATIVES 41

By Representative Foster-
HB 402-SF-A bill to be entitled A proposal relating to ad
valorem taxation and local sales tax.
Referred to the Committee on Finance & Taxation.

By Representative Foster-
HJR 403-A joint resolution proposing an amendment to
Section 2 of Article VII of the State Constitution relating to
taxes.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative R. C. Johnson-
HB 404-A bill to be entitled An act relating to state park
rangers; creating s. 258.025, Florida Statutes; authorizing park
rangers to take into custody or detain persons suspected of com-
mitting unlawful acts; exempting park rangers from civil or
criminal liability; providing a penalty; providing an effective
date.
Referred to the Committee on Criminal Justice.

By the Committee on Transportation-
HB 405-A bill to be entitled An act relating to transportation
finance; amending s. 339.08(6), Florida Statutes; providing that
the State Board of Administration shall assume responsibility
for distribution of the counties' 80 percent share of the second
gas tax; requiring that funds be made available to the Depart-
ment of Transportation for certain construction; providing an
effective date.
Placed on the Calendar without reference.

By the Committee on Transportation-
HB 406-A bill to be entitled An act relating to state lands;
amending s. 253.034(5), Florida Statutes, to delete specified
lands from a list of certain state lands which may be disposed
of as surplus lands; providing an effective date.
Placed on the Calendar without reference.

By the Committee on Transportation-
HB 407-A bill to be entitled An act relating to the Depart-
ment of Transportation; amending s. 337.25(5), Florida Stat-
utes, to provide that the department may convey surplus prop-
erty to other state agencies to be used for a public purpose;
providing an effective date.
Placed on the Calendar without reference.

By Representatives Richmond and C. R. Smith-
HB 408-A bill to be entitled An act relating to Pasco
County; creating and establishing a special district in Pasco
County to be known and designated as the Pasco County
Industrial Development Authority; providing for the boundaries
of the authority; providing for the membership and appoint-
ment of the authority; providing for officers; providing for a
quorum; providing for meetings and rules of procedure; pro-
viding for duties; authorizing the board of county commissioners
to lease certain property for industrial purposes; providing for
the powers of the authority; providing for the issuance of
industrial development revenue bonds; providing for ad valorem
taxation; providing for a referendum; providing an effective
date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Shackelford-











JOURNAL OF THE HOUSE OF REPRESENTATIVES



county; providing for assessment of lien; providing for funding;
repealing chapter 69-1284, Laws of Florida, relating to clearing
of weeds, brush, and debris; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Shackelford-
HB 410-A bill to be entitled An act relating to Manatee
County; amending subsection i. of section 11 and section 13 of
chapter 78-555, Laws of Florida; providing that funds can be
borrowed for acquiring equipment; providing that any funds
borrowed in excess of one million dollars ($1,000,000) or for
longer than one year must be approved by the Manatee County
Board of County Commissioners; providing that the trustees
shall submit annual budget information to the Board of County
Commissioners; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Shackelford--
HB 411-A bill to be entitled An act relating to Trailer
Estates Fire Control District, Manatee County; amending sec-
tion 4(1) of chapter 63-1587, Laws of Florida, as amended, to
change the assessment for business firms and residences.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Allen-
HB 412-A bill to be entitled An act relating to the City of
Key West, Monroe County; adding Section 20 to Article I of
Chapter A of chapter 23374, Laws of Florida, 1945, establishing
procedures for the sale, lease or disposal of city owned lands
by the City Commission; requiring appraisals; requiring bids;
granting Monroe County an option to purchase; providing an
effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Fox-
HB 413-A bill to be entitled An act relating to spouse abuse
centers; amending s. 409.605(5), Florida Statutes; providing a
funding formula for spouse abuse centers; deleting the maxi-
mum annual state contribution; providing an effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representative Spaet-
HB 414-A bill to be entitled An act relating to adult con-
gregate living facilities and adult foster homes; amending s.
400.411(2), Florida Statutes, and adding a subsection (5) there-
to; providing for the required submission of certain information
pursuant to initial application for license to operate such a fa-
cility; providing for verification of such information and for
background investigations of such applicants; specifying infor-
mation which may be required; providing for submission of
current photographs; providing that applications shall be sworn
to by the applicants; providing for the filing of objections to an
application; providing for hearings; providing for licensure of
qualified applicants; adding subsections (3) and (4) to s. 400.414,
Florida Statutes, providing for denial of applications in certain
cases; providing for suspension or revocation of license upon
discovery that the applicant has falsely sworn to a material
statement on the application; amending s. 400.417(1), Florida
Statutes, authorizing the Department of Health and Rehabilita-
tive Services to require licensees to submit current photographs
pursuant to application for renewal of license, with certain
limitations; amending s. 400.418(1) (c), Florida Statutes, clarify-
ing certain funding provisions; amending s. 400.427(6), Florida
Statutes, relating to property and personal affairs of residents,
modifying penalty provisions to clarify that certain taking or



use of residents' personal funds or property is theft and shall be
punishable as such; amending s. 400.428(1) (k), Florida Stat-
utes, providing for setting forth of reasons for involuntary re-



location or termination of residency in writing as part of notice
required by law, and providing that failure to provide such
notice shall be a violation of part II of chapter 400, Florida
Statutes; amending s. 409.212, Florida Statutes, providing for
continued optional supplementation of income with respect to
residents of adult congregate living facilities and adult foster
homes no longer entitled to supplemental security benefits be-
cause of adjustments in monthly social security benefits, with
certain limitations; prohibiting the reduction of maximum op-
tional state supplementation benefits as a result of an increase
in the maximum supplemental security income benefit; providing
an appropriation; providing for review and repeal in accordance
with the Regulatory Sunset Act; providing an effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representative Brantley-
HB 415-A bill to be entitled An act relating to contractual
services; amending s. 287.057(2), Florida Statutes; providing
procedures and maximum rates of payment for travel expenses
for contractual services procured by the state; providing an
effective date.
Referred to the Committee on Governmental Operations.

By Representative McEwan-
HB 416-A bill to be entitled An act relating to Orange
County; providing for the relief of Glen Horton, Jr.; authorizing
the Board of County Commissioners of Orange County to
compensate Glen Horton, Jr., for injuries and damages sus-
tained as a result of a diving accident at Rock Springs Park;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Judiciary.

By Representative Sadowski-
HB 417-A bill to be entitled An act relating to elections;
amending s. 101.141(4), Florida Statutes, providing that the
arrangement of candidates' names on the primary election ballot
shall be by lot rather than alphabetically; providing that the
procedure for selection must be approved by the Secretary of
State; providing an effective date.
Referred to the Committee on Ethics & Elections.

By Representatives Brantley and Batchelor-
HB 418-A bill to be entitled An act relating to public health;
amending s. 381.272(6), Florida Statutes, and adding subsections
(11) and (12) thereto, directing the Department of Health and
Rehabilitative Services to allow the installation of individual
graywater disposal systems under certain circumstances; pro-
viding definitions; providing exemptions to certain rules; urging
reduction in connection fees and regular service charges for
certain water and sewage customers; providing an effective
date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representative C. A. Hall-
HB 419-A bill to be entitled An act relating to education;
establishing a pilot program to be known as the State Govern-
ment Close Up Program; providing for administration of the
program; providing for rules; providing for submission of pro-
posals for implementing such a program; providing guidelines
for proposals; providing for distribution of funds; providing an
effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representative Patterson-



HB 420--A bill to be entitled An act for the relief of Gulf
Breeze Inspection Station, a motor vehicle inspection station
operated by William E. DeArman; providing an appropriation
to compensate him for the damages sustained as a result of the



42



January 18, 1982











JOURNAL OF THE HOUSE OF REPRESENTATIVES



termination of a license to operate Gulf Breeze Inspection Sta-
tion, a private motor vehicle safety equipment inspection sta-
tion; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Brown-
HB 421-A bill to be entitled An act relating to local code
enforcement boards; amending ss. 26.012(1), 166.051-166.055,
166.057-166.061, Florida Statutes; creating s. 166.063, Florida
Statutes; authorizing counties to create code enforcement
boards; providing a short title; providing intent; providing
applicability; providing definitions; providing for membership
and organization of boards; limiting reappointment of mem-
bers; providing hearing procedures; providing powers of boards;
providing for fines and liens; reducing maximum fine; providing
for liens against real and personal property of violator other
than property where violation occurred under specified circum-
stances; providing for appeals to the circuit court; providing
that provisions of act are supplemental; providing an effective
date.
Referred to the Committee on Community Affairs.

By Representative W. R. Hodges-
HB 422-A bill to be entitled An act relating to tax on sales,
use and other transactions; amending ss. 212.03(1), (3) and
(6), 212.031(1)(c) and (d), 212.04(1), 212.05, 212.055(1), 212.-
06(1)(a), 212.08(3) and (11)(c), 212.20(1) and 125.0165(1),
Florida Statutes, and amending s. 212.12(10) and (11), Florida
Statutes, and adding subsection (12); increasing said tax; spe-
cifying that the proceeds of said increase be returned to the
counties; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By the Committee on Finance & Taxation-
HB 423-A bill to be entitled An act relating to tax on
severance of solid minerals; amending s. 211.33(2)(d) and (e),
Florida Statutes, providing rate of interest to be assessed on
delinquent severance taxes; authorizing the Department of Rev-
enue to settle or compromise interest on delinquent taxes; pro-
viding an effective date.
Placed on the Calendar without reference.

By the Committee on Finance & Taxation-
HB 424-A bill to be entitled An act relating to probate and
the administration of estates and filing of tax claims by the
Department of Revenue; amending s. 198.35, Florida Statutes,
deleting reference to a date with respect to estate and inheri-
tance tax laws to conform Florida law to the most recent
changes in the United States Internal Revenue Code; amending
s. 731.111(2), Florida Statutes, providing for filing of a claim
by the Department of Revenue within 30 days after the filing
of an amended inventory; providing an effective date.
Placed on the Calendar without reference.

By the Committee on Finance & Taxation-
HB 425-A bill to be entitled An act relating to homestead
exemptions; amending s. 196.161(1) (a), Florida Statutes; revis-
ing interest rate on taxes due on property of certain deceased
nonresidents which was allowed a homestead exemption; pro-
viding an effective date.
Placed on the Calendar without reference.

By the Committee on Finance & Taxation--
HB 426-A bill to be entitled An act relating to ad valorem
taxation; designating parts I-VIII of chapter 197, Florida Stat-
utes; transferring and renumbering various sections; amending
ss. 190.024, 193.1145(10) (a), 197.013(5), 197.116(9), 197.226(1),
336.59(2), and 582.44, Florida Statutes, correcting cross refer-
ences; repealing s. 197.356, Florida Statutes, relating to imple-



mentation of revisions of chapter 197; providing an effective
date.
Placed on the Calendar without reference.



By Representatives Nergard, D. L. Jones, Bankhead, Easley,
Myers, and Kelly-
HJR 427-A joint resolution proposing the creation of Sec-
tion 10 of Article IV of the State Constitution, relating to an
elected Public Service Commission.
Referred to the Committees on Commerce and Appropriations.

By Representatives Kiser, D. L. Jones, J. H. Smith, Dunbar,
and Melby-
HB 428-A bill to be entitled An act relating to sponge
fishing; adding a subsection to s.253.03, Florida Statutes, au-
thorizing the Board of Trustees of the Internal Improvement
Trust Fund to lease submerged lands for the purpose of sponge
culture; amending s. 370.17(4), Florida Statutes; prohibiting
the possession of small sponges; repealing ss. 370.17(2), (9),
and (10), and 370.171, Florida Statutes, abolishing restrictions
upon sponge diving; providing an effective date.
Referred to the Committee on Natural Resources.

By the Committee on Retirement, Personnel & Collective
Bargaining-
HB 429-A bill to be entitled An act relating to trust and
agency investment matters; amending s. 215.45, Florida Stat-
utes; establishing the authorized sales price for sales under
call options; creating s. 215.455, Florida Statutes; authorizing
the loan of securities; amending s. 215.47(3), Florida Statutes,
adding subsection (6) to said section, and adding paragraphs
(1) and (m) to subsection (1) and paragraph (i) to subsection
(2) of said section; authorizing the investment of public funds
in prime commercial paper and banker's acceptance; increasing
the percentage of state trust funds and agency funds which
can be invested in common stocks; revising the criteria for
investment in common stock; authorizing the use of options in
selling or purchasing portfolio securities; authorizing repur-
chase agreements and reverse repurchase agreements; adding
subsection (5) to s. 215.50, Florida Statutes; authorizing regis-
tration of certain securities in the name of a third party;
providing circumstances under which the State Treasurer is not
personally liable; adding subsection (3) to s. 215.515, Florida
Statutes; providing for investment of the State Board of
Administration Administrative Expense Trust Fund; amending
s. 218.407(1), Florida Statutes; conforming a cross reference;
providing an effective date.
Placed on the Calendar without reference.

By Representative Nuckolls (by request)-
HB 430-A bill to be entitled An act relating to the Depart-
ment of Corrections; amending s. 945.025(1), Florida Statutes,
to remove reference to specific institutions under jurisdiction
of the department; repealing ss. 944.031, 944.032, 944.033, 944.-
034, 944.04, 944.05, 944.06, 944.061, 944.062, 944.063, and 944.064,
Florida Statutes, all relating to the existence, location, and
purpose of specific correctional institutions; providing an effec-
tive date.
Referred to the Committee on Corrections, Probation & Parole.

By Representative Nuckolls (by request)-
HB 431-A bill to be entitled An act relating to corrections;
amending s. 944.28, Florida Statutes; providing circumstances
and procedures for forfeiture of gain-time, extra gain-time, and
the right to earn future gain-time; reenacting s. 944.275(2) (d),
Florida Statutes, to incorporate the amendment to s. 944.28,
Florida Statutes, in a reference thereto; providing an effective
date.
Referred to the Committee on Corrections, Probation & Parole.

By Representatives Nuckolls and Mann-
HB 432-A bill to be entitled An act relating to Charlotte



County; amending sections 1 and 4 of Chapter 70-625, Laws of
Florida, changing the name of the Charlotte County South
Volunteer Fire Department to the Charlotte South Volunteer



43



January 18, .1982











44 JOURNAL OF THE HOUSE

Fire -Department; increasing special assessments made with
respect to the Charlotte County special fire: control district;
providing for a referendum.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Nuckolls and Mann-
HB 433-A bill to be entitled An act relating to the City of
Punta Gorda, Charlotte County; amending section 5 of chapter
79-558, Laws of Florida, increasing maximum annual tax levies
with respect to special taxing districts for the maintenance of
canals, waterways, and navigable channels; providing a refer-
endum.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Nuckolls and Mann-
HB 434-A bill to be entitled An act relating to Lee County;
amending chapter 63-1554, Laws of Florida, as amended, relating
to fishing in Lee County; relating to provisions prohibiting the
use of nets within two (2) square miles of the Matlacha Bridge,
encompassing an area consisting of four (4) square statute
miles which centers on said bridge; providing that violation
shall be a misdemeanor; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Natural Resources and Com-
munity Affairs.

By Representative Williams-
HB 435-A bill to be entitled An act relating to operation of
motorcycles; amending s. 316.211(1), Florida Statutes; limiting
application of the law to certain persons; adding s. 322.01(20)-
(26), Florida Statutes; providing definitions; creating s. 322.035,
Florida Statutes; requiring a driver's license endorsement to
operate a motorcycle; requiring passage of certain tests before
being authorized to operate a motorcycle; requiring the Depart-
ment of Highway Safety and Motor Vehicles to test certain
applicants for authorization to operate a motorcycle; providing a
fee for such test; requiring the department to provide certain
operating manuals; providing limitation on operation of motor-
cycles by certain persons; amending s. 233.063, Florida Statutes;
requiring school districts to provide motorcycle safety education
courses; providing course criteria; providing requirements for
instructors of such courses; amending s. 488.04, Florida Statutes;
prohibiting the department from issuing instruction certificates
to certain persons except under certain circumstances; providing
an effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representative Sadowski-
HB 436-A bill to be entitled An act relating to sentencing;
amending s. 775.082(1), Florida Statutes, including life without
parole as an alternative sentence in capital cases; amending s.
921.141(1), (2), and (3), Florida Statutes, requiring jury recom-
mendations of death in capital cases to be unanimous; requiring
a sentence of life imprisonment absent a unanimous recommenda-
tion of death; conforming sentence determination proceedings in
capital cases to the act; reenacting ss. 782.04(1) (b) and 794.011
(2), Florida Statutes, to incorporate the amendment to s. 921.141
in references thereto; providing an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Hazouri-



:HB 437-A bill to be entitled An act relating to postsecondary
education; amending s. 240.209(3) (a), Florida Statutes, pro-
viding for the inclusion of the name of the interim president
of a university within a list of names submitted for the office
of university president to the Board of Regents by the search
committee under certain circumstances; providing an effective
date.
Referred to the Committee on Education, Higher.



1



E OF REPRESENTATIVES January 18, 1982

By Representatives Brodie, S. McPherson, Williams, and
Danson-
HB 438-A bill to be entitled An act relating to state per-
sonnel; creating s. 11.62, Florida Statutes, providing for legisla-
tive review of career service positions and positions exempt
from the Career Service System; providing an effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representative Brodie-
HB 439-A bill to be entitled An act relating to driving while
under the influence of alcoholic beverages, model glue, or con-
trolled substances; amending s. 316.193, Florida Statutes; pro-
viding a mandatory minimum term of imprisonment for persons
driving with a blood alcohol content by weight of 0.20 percent
or more; providing an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By the Committee on Regulatory Reform-
HB 440-A bill to be entitled An act relating to railroad
companies and other common carriers; creating s. 73.150, Florida
Statutes, providing the right of eminent domain to railroad
companies, within certain limits; amending s. 338.21(5), Florida
Statutes, and adding a new subsection; requiring construction
and maintenance of railroad crossings by railroad companies;
providing a remedy in the event of failure to properly maintain
such crossings; correcting a cross reference; amending ss. 351.03,
351.35(1), 351.36(1), and 351.37, Florida Statutes; requiring
grade crossing warning signs and certain audible warnings; re-
quiring the exercise of reasonable care; authorizing the De-
partment of Transportation to assure safe operations and signals
of railroads; amending ss. 354.01, 354.03, 354.05, and 354.07,
Florida Statutes, providing for certification of special officers
appointed for the protection and safety of railroads and certain
other common carriers, and providing for matters relative
thereto; saving specified sections of chapters 351 and 354,
Florida Statutes, and s. 357.08, Florida Statutes, from sunset
repeal scheduled October 1, 1982; providing for review and repeal
of chapters 351 and 354, Florida Statutes, and s. 357.08, Florida
Statutes, relating to duties of railroads and special officers for
common carriers, on October 1, 1992; providing an effective
date.
Placed on the Calendar without reference.

By Representatives Bankhead, Hazouri, Pajcic, Lewis, Thomas,
Crady, Ogden, Tygart, and Girardeau-
HB 441-A bill to be entitled An act relating to local govern-
ment in Duval County; amending chapter 25807, Laws of
Florida, 1949, as amended, being the charter of the Duval
County Beaches Public Hospital Board, to reconstitute the
board as a special taxing district entitled Beaches Public Hos-
pital Special Taxing District; defining the boundaries of the
special taxing district within Duval County; creating the
Beaches Public Hospital Board to govern the district and
enumerating the powers of the board; authorizing the board
to issue ad valorem bonds, subject to a referendum within
the district, revenue bonds and revenue certificates and to
refund the same; authorizing the district to levy ad valorem
taxes for operation of and capital improvements to the facilities
owned and operated by the district; making provisions for
transition from the Duval County Beaches Public Hospital
District to the new Beaches Public Hospital District; authoriz-
ing the board to sell or lease the assets and liabilities of the
district to a for-profit or not-for-profit corporation, subject to
approval by the legislature under certain conditions; requiring
a referendum before this act becomes effective; providing an
effective date.
Referred to the Committee on Community Affairs.

By Representative Shackelford-



HB 442-A bill to be entitled An act relating to Manatee
County; amending section 5 of chapter 61-2445, Laws of Florida,
as amended; providing for increases in special assessments for
the Westside Fire Control District; providing for fire assess-
ment impact fees to be assessed against developers of new
residential dwelling units, new commercial or industrial struc-
tures, or new mobile home developments within the district;













providing for use of such fees; providing that violation is a
criminal offense and misdemeanor punishable as provided by
law; providing for injunction; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative L. H. Plummer-
HB 443--A bill to be entitled An act relating to traffic
control; amending s. 316.003(2), (22), (23), and (64), Florida
Statutes, and adding a subsection thereto, redefining the terms
"bicycle," "motorcycle," "motor-driven cycle," and "vehicle,"
and defining the term "moped," for the purposes of the Florida
Uniform Traffic Control Law; amending s. 316.151, Florida
Statutes, relating to the required position and method of
turning; amending s. 316.155(2), Florida Statutes, providing
an exemption to the arm and hand signal law for persons
operating a moped or bicycle; amending s. 316.157(2), Florida
Statutes, authorizing bicyclists to give arm signals in a certain
manner; amending s. 316.1945(1) (a), Florida Statutes, prohibit-
ing any person from stopping, standing, or parking on a bicycle
path or an exclusive bicycle lane; amending s. 316.1995, Florida
Statutes, prohibiting any person from driving any motor vehicle
upon a sidewalk; amending s. 316.2005, Florida Statutes, relat-
ing to the unlawful opening or closing of a vehicle door;
amending s. 316.2065, Florida Statutes, prescribing restrictions
with respect to the operation and sale of bicycles; creating
s. 316.451, Florida Statutes, requiring certain standards for
bicycle brakes; amending s. 320.01(1)(a) and (22), Florida
Statutes, correcting a cross reference and redefining the term
"motor-driven cycle"; amending s. 320.08(1)(c), Florida Stat-
utes, and the introductory paragraph to said section, and
s. 320.0803(1), Florida Statutes, correcting cross references;
amending s. 322.01(1) and (2), Florida Statutes, redefining the
term "vehicle"; providing an effective date.
Referred to the Committee on Transportation.

By Representative Martin-
HB 444-A bill to be entitled An act relating to formation
of local governments; amending s. 165.051(1), Florida Statutes,
providing for initiation of dissolution procedures for munici-
palities by petition; providing an effective date.
Referred to the Committee on Community Affairs.

By Representative Richmond-
HB 445-A bill to be entitled An act relating to Pasco
County; providing that a described area in Pasco County shall
be closed to shrimping; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Natural Resources and Com-
munity Affairs.

By Representatives Richmond and C. R. Smith-
HB 446-A bill to be entitled An act relating to Pasco
County; providing for the repeal of chapter 20053, Laws of
Florida, 1939, chapter 29403, Laws of Florida, 1953, and chapter
59-726, Laws of Florida, upon the final sale or disposition of
Jackson Memorial Hospital; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Bush-
HB 447-A bill to be entitled An act relating to parole;
amending s. 947.16(1), Florida Statutes; establishing a schedule
for initial parole interviews; providing an effective date.
Referred to the Committee on Corrections, Probation & Parole.

By Representative Shackelford-



HB 448-A bill to be entitled An act relating to Manatee
County; creating the Parrish Fire Control District; providing
definitions; providing for the appointment, membership, terms,
compensation, duties, and powers of the district board of com-
missioners; providing for the filling of board vacancies; author-



45



izing the board to employ certain personnel; providing for the
inspection of certain structures; authorizing the board to levy
special assessments on the property within the district; pro-
viding a schedule of maximum rates of assessments on the
property within the district; providing that assessments by the
board shall be enforced as are county tax assessments; author-
izing the board to borrow money for purposes of the district;
restricting the use of funds and amount of cumulative district
debt; exempting the district and commissioners from certain
liability; authorizing the board to acquire a fire station or
stations and certain fire and rescue equipment; authorizing the
board to adopt rules and regulations; requiring the board to
make annual reports; providing for severability; repealing all
acts or parts of acts in conflict; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By the Committee on Regulatory Reform-
HB 449-A bill to be entitled An act relating to legislative
review of advisory bodies, commissions, and boards of trustees
adjunct to executive agencies; amending s. 11.611, Florida Stat-
utes; providing legislative intent; providing definitions; repeal-
ing various provisions of law relating to advisory bodies, com-
missions, and boards of trustees adjunct to executive agencies;
providing for review of such provisions prior to repeal; pro-
viding for periodic review of advisory bodies, commissions, and
boards of trustees adjunct to executive agencies which are
continued, reestablished, or created; prescribing criteria to be
used in such review; prescribing criteria to be used in con-
tinuing, reestablishing, or creating such units of government;
deleting provision for a joint select committee; providing for
minutes of meetings to be kept; providing for approval of
appropriations committees prior to expenditure of funds by
nonstatutory committees which have been in existence for 1
year; providing for the abolition of units of government and
the preservation of records; preserving certain causes of action;
providing for effect on pending prosecutions, investigations, or
disciplinary actions; amending s. 20.03(7), (8), and (10),
Florida Statutes, and adding a subsection; providing definitions;
adding a subsection to s. 216.031, Florida Statutes; providing
for a schedule to accompany executive agency budget requests;
requiring the Division of Statutory Revision to place a list of
repealed entities in the Florida Statutes; repealing chapter
78-323, Laws of Florida, and s. 11.6115, Florida Statutes, as
amended, relating to the Sundown Act; repealing various pro-
visions of the Laws of Florida which repeal various laws relat-
ing to advisory bodies, commissions, and boards of trustees
adjunct to executive agencies and which require such laws to
be reviewed pursuant to the Sundown Act; providing an effec-
tive date.
Placed on the Calendar without reference.

By Representative Meek-
HB 450-A bill to be entitled An act relating to fair housing;
creating ss. 23.168, 23.169, 23.170, 23.171, 23.172, and 23.173,
Florida Statutes; providing definitions; defining unlawful hous-
ing practices on the part of persons, including real estate
brokers and dealers, and financial and lending institutions;
providing for the filing of complaints with the Florida Com-
mission on Human Relations; providing for civil actions; pro-
viding for judicial and administrative remedies; providing for
penalties, including actual and punitive damages; providing for
costs and attorney's fees; providing for injunctive relief; pro-
viding for the administration of the act; providing an effective
date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Steele-
HB 451-A bill to be entitled An act relating to transporta-
tion finance; amending s. 339.08(6), Florida Statutes; providing
for the payment of interest by the Department of Transporta-
tion on the moneys advanced from the second gas tax trust
funds to the respective counties; providing an effective date.



Referred to the Committees on Transportation, Finance &
Taxation, and Appropriations.



January 18, 1982



JOURNAL OF THE HOUSE OF REPRESENTATIVES











46



By Representative W. R. Hodges-
HJR 452-A joint resolution proposing an amendment to
Section 6 of Article VII of the State Constitution relating to
homestead exemptions.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Burrall-
HB 453-A bill to be entitled An act relating to game and
freshwater fish; amending s. 372.023(3), Florida Statutes, pro-
viding that moneys received from certain long-term leases shall
be spent on either land acquisition or capital improvements in
the area of the lease; providing an effective date.
Referred to the Committees on Natural Resources and Appro-
priations.

By Representative Burrall-
HB 454-A bill to be entitled An act relating to DeSoto
County; adding section 3A to chapter 65-1450, Laws of Florida,
as amended, authorizing and empowering the district hospital
board of the DeSoto County hospital district to finance by
any commercially reasonable means, including the issuance of
industrial development or revenue bonds, the construction of
additional medical facilities, the purchase of medical care re-
lated equipment and such other classes of property in further-
ance of the district's purposes; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Clements-
HB 455-A bill to be entitled An act relating to traffic con-
trol; amending s. 318.18(3), Florida Statutes; reducing the
penalty for exceeding the speed limit by a specified amount
on specified highways; amending s. 322.27(3) (d), Florida Stat-
utes; providing that no points be assessed against a person
for exceeding the speed limit by a specified amount on specified
highways; providing an effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representative C. A. Hall-
HB 456-A bill to be entitled An act relating to the State
Appenticeship Council; reenacting and amending s. 446.031,
Florida Statutes; providing accountability; providing for the
investigation of complaints; providing for the removal of
council members; providing for review and repeal in accordance
with the Sundown Act; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representative R. C. Johnson-
HCR 457-A concurrent resolution requesting the Governor
to declare the first Saturday in August of each year to be
set aside as Possum Day in the State of Florida.
Referred to the Committee on Agriculture & General Legisla-
tion.

By Representatives D. L. Jones and Spaet--
HB 458-A bill to be entitled An act relating to social and
economic assistance; amending s. 409.212, Florida Statutes,
providing for optional supplementation with respect to resi-
dents of adult congregate living facilities and adult foster
homes whose benefits are terminated because of certain in-
creases in social security benefits; prohibiting the reduction
of maximum optional state supplementation benefits as a
result of an increase in the maximum supplemental security
income benefit; providing an appropriation; providing an effec-
tive date.
Referred to the Committees on Health & Rehabilitative
Services and Appropriations.

By Representative Woodruff--



HB 459-A bill to be entitled An act relating to alcoholism;
repealing s. 396.161, Florida Statutes, relating to prohibiting



January 18, 1982



local laws, ordinances, or regulations which provide criminal
or civil penalties for public intoxication; providing an effective
date.
Referred to the Committee on Judiciary.

By Representative Sample-
HB 460-A bill to be entitled An act relating to attorney's
fees and court costs; providing for the award of attorney's
fees and court costs to a party who is the prevailing party
in a suit filed by any state, county or municipal governmental
agency; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Williams-
HB 461-A bill to be entitled An act relating to law enforce-
ment and correctional officers; amending ss. 112.531-112.534,
Florida Statutes; adding correctional officers to the bill of
rights for law enforcement officers; providing an effective date.
Referred to the Committee on Corrections, Probation &
Parole.

By Representative Meffert-
HCR 462-A concurrent resolution urging the Department
of Natural Resources, in conjunction with the Game and Fresh
Water Fish Commission, to create a wetland wildlife and fish
management area on the wetland portion of Payne's Prairie,
to restore same, and make same available for multipurpose
recreational uses, including waterfowl hunting when the com-
mission determines there is a harvestable surplus of waterfowl.
Referred to the Committee on Natural Resources.

By Representative G. Hodges-
HB 463-A bill to be entitled An act relating to farming;
creating the "Florida Right to Farm Act"; providing defini-
tions; providing that a farm or a farm operation shall not be
a public or private nuisance under described circumstances;
providing an effective date.
Referred to the Committee on Agriculture & General Legis-
lation.

By Representatives Easley, Dunbar, Kimmel, and D. L.
Jones-
HB 464-A bill to be entitled An act relating to taxation;
amending s. 192.001(8), Florida Statutes; redefining "home-
stead"; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Kelly-
HB 465-A bill to be entitled An act relating to Lake County;
extending the municipal limits of the City of Mount Dora, a
municipal corporation of Lake County, Florida, to include the
right-of-way of new Highway 441, commencing at the inter-
section of Eudora Road, located in the SE 1/4 of Section 24,
Township 19S, Range 26E, and running Southeasterly along
said highway to the intersection of the South boundary of Lake
County, Florida, located in the SE 1/4 of Section 32, Township
19S, Range 27E; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Foster-
HB 466-A bill to be entitled An act relating to traffic con-
trol; amending s. 316.183(2), Florida Statutes; increasing the
maximum speed limit on certain highways; authorizing the
Department of Transportation to increase the maximum speed
limit on certain roads; amending s. 318.18(3), Florida Statutes,
providing additional fines for persons who exceed the legal
speed limit by specified amounts; providing an effective date.



Referred to the Committees on Transportation and Appro-
priations.



JOURNAL OF THE HOUSE OF REPRESENTATIVES











JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Thomas-
HB 467-A bill to be entitled An act for the relief of Bonnie
Mae Tomlinson; providing an appropriation to compensate her
for the loss of her husband, Corporal C. L. Tomlinson; providing
an effective date.
Referred to the Committee on Judiciary.

By Representatives Burrall and G. Hodges-
HM 468-A memorial to the Congress of the United States
urging Congress to propose an amendment to the Constitution
of the United States limiting the United States Government's
participation in business and financial enterprises.
Referred to the Committee on Agriculture & General Legis-
lation.

By Representative Tygart-
HB 469-A bill to be entitled An act relating to public de-
fenders; creating part III of chapter 27, Florida Statutes, the
"Public Defender Assistance Recovery Act of 1982"; providing
legislative intent; providing for the creation of a lien for the
payment of attorney's fees or costs with respect to defendants
who receive assistance from the public defender or a court-
appointed attorney; providing for the acquisition of information
with respect to liens and the enforcement of such liens; requir-
ing disclosure of certain information with respect to the ac-
ceptance of public defender services; providing for the enforce-
ment of prior liens; providing for the disposition of funds
collected pursuant to the act; providing for a petition to show
that repayment would be a hardship; amending ss. 27.52(2)(d)
and 39.071, Florida Statutes, to correct statutory cross refer-
ences; adding subsection (4) to s. 27.52, Florida Statutes, re-
quiring a notice with respect to affidavits of insolvency; re-
pealing s. 27.56, Florida Statutes, relating to the current
procedure for the establishment of liens for the payment of
attorney's fees and costs with respect to public defender services;
repealing s. 27.561, Florida Statutes, relating to the effect of
nonpayment with respect to such liens; repealing s. 27.562,
Florida Statutes, relating to disposition of funds; providing an
effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Hazouri-
HB 470-A bill to be entitled An act relating to personnel
of school systems; creating s. 231.391, Florida Statutes, authoriz-
ing district school boards to purchase annuities for certified
teachers and administrators with 25 or more years of creditable
service and who have reached age 55 and applied for retirement
under the Florida Retirement System; providing a limitation;
providing an effective date.
Referred to the Committee on Education, K-12.

By Representative O'Malley-
HB 471-A bill to be entitled An act relating to workers'
compensation; amending s. 440.15(6)(b), Florida Statutes, re-
lating to compensation for hernia resulting from injury by an
accident arising in the course of employment, to modify the
period for which compensation is authorized; providing an ef-
fective date.
Referred to the Committee on Insurance.

By Representative O'Malley-
HB 472--A bill to be entitled An act relating to postsee-
ondary education; creating ss. 240.255 and 240.344, Florida
Statutes, requiring the Board of Regents and the boards of
trustees of community colleges to permit certain full-time ad-
ministrative and instructional personnel in the public schools
to take free courses at institutions in the State University
System and the State Community College System; providing
an effective date.



Referred to the Committees on Education, Higher and Appro-
priations.



By Representative O'Malley-
HB 473-A bill to be entitled An act relating to bail bonds-
men; amending s. 648.25, Florida Statutes; expanding the
definition of "runner"; amending s. 648.26, Florida Statutes;
providing for the regulation of general agents; amending s.
648.27, Florida Statutes; providing for applications for general
agent's permits; amending s. 648.30, Florida Statutes; provid-
ing license requirements for general agents and limited surety
agents; amending s. 648.31, Florida Statutes; providing license
fees for bail bondsmen, limited surety agents and runners;
amending s. 648.34, Florida Statutes; removing certain li-
censing requirements for limited surety agents and profes-
sional bondsmen; providing for payment to cover the cost of a
credit report; creating s. 648.351, Florida Statutes; providing
that the provisions of s. 112.011(1), relating to employment of
persons with prior convictions, do not apply to bail bondsmen,
runners, or general agents or applicants for the same; amend-
ing s. 648.36, Florida Statutes; requiring general agents and
general lines agents engaged in the bail bond business to main-
tain certain records; increasing the length of time which cer-
tain records must be maintained; providing for the furnishing
of records and certain other information; amending s. 648.37,
Florida Statutes; providing additional qualification require-
ments for runners; providing for a fee not to exceed the cost
of a credit report; providing for investigations of runner
applicants; amending s. 648.41, Florida Statutes; providing
conforming language; creating s. 648.421, Florida Statutes;
providing for notice of change of address by persons licensed
under chapter 648; amending s. 648.44, Florida Statutes; pro-
viding requirements for the acceptance, return and conversion
into cash of collateral security; prohibiting solicitation in cer-
tain places; prohibiting certain persons from becoming bail
bondsmen or receiving benefits from the execution of bail
bonds; prohibiting persons with prior felony convictions from
holding certain positions in a bail bond agency; prohibiting
the sharing of bail bond commissions except in certain circum-
stances; requiring offices to be in the active full-time charge
of a licensed bail bondsman; creating s. 648.441, Florida Stat-
utes; prohibiting the furnishing of certain supplies to persons
not licensed as bail bondsmen; amending s. 648.45, Florida
Statutes; providing grounds for the denial, suspension, revoca-
tion or nonrenewal of licenses issued under chapter 648, Florida
Statutes, or the insurance code; amending s. 648.46, Florida
Statutes; providing conforming language; providing for the
revocation of licenses of persons convicted of a felony; amend-
ing s. 648.50, Florida Statutes; deleting language permitting
runners and bail bondsmen to be licensed with another bail
bond agency after being party to an act which resulted in the
suspension or revocation of another bail bondsman's license;
creating s. 648.571, Florida Statutes; providing penalties for
refusal to return collateral; providing for the revival and
readoption of chapter 648 Florida Statutes; providing for
future review and repeal of chapter 648, Florida Statutes,
pursuant to the Regulatory Sunset Act; providing an effective
date.
Referred to the Committees on Insurance and Appropriations.

By Representative Burrall-
HB 474-A bill to be entitled An act relating to corrections;
requiring prior legislative approval before any state institu-
tion or facility for the housing of prisoners, patients, or
juvenile offenders may be established on certain public or
recreational land; providing an effective date.
Referred to the Committee on Corrections, Probation &
Parole.

By Representative Sadowski-
HB 475-A bill to be entitled An act relating to limited
liability companies; creating chapter 606, Florida Statutes, cre-
ating the "Florida Limited Liability Company Act"; providing
definitions; providing legislative purpose; providing for the pow-
ers of limited liability companies; providing for limited liabil-
ity company names; providing for formation; providing for the
articles of organization and for the filing thereof; providing
for the effect of the issuance of a certificate of organization;



requiring the maintenance of a registered office and agent;
providing procedures for change in office or agent; providing
for liability; providing for service of process; providing for
contributions to capital; providing for the management of
limited liability company; providing for regulations; providing
for contracting of debts; providing for limited liability company



January 18, 1982



47











48 JOURNAL OF THE HOUSE

property; providing for the distribution of property and the
impairment of capital; providing for the withdrawal or reduc-
tion of members' contributions to capital; providing for the
liability of a member to the limited liability company; providing
for the transfer of interest in limited liability companies;
providing for dissolution; providing for the filing of a state-
inent of intent to dissolve; providing for the effect of filing of
a statement of intent to dissolve; providing for the distribution
of assets upon dissolution; providing for articles of dissolution;
providing for filing of articles of dissolution; providing for the
cancellation or amendment of the certification of organization;
providing for involuntary dissolution; providing for parties to
certain actions; providing for waiver of notice; providing fees;
providing for liability with respect to the unauthorized assump-
tion of powers; providing for the jurisdiction of the circuit
court; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representative Bell-
HB 476-A bill to be entitled An act relating to miscel-
laneous commissions; amending s. 13.10(1), Florida Statutes,
authorizing the Governor to appoint as many as four Com-
missioners for the Promotion of Uniformity of Legislation in
the United States; providing an effective date.
Referred to the Committee on Judiciary.

By the Committee on Agriculture & General Legislation-
HB 477-A bill to be entitled An act relating to the Florida
Citrus Code; amending s. 601.14, Florida Statutes; providing
for investigation of transportation problems by the Depart-
ment of Citrus; providing method for payment of expenses
incurred; providing an effective date.
Referred to the Committee on Appropriations.

By Representatives Weinstock, Liberti, Watt, Myers, Messer-
smith, Moore, and Kimmel-
HB 478--A bill to be entitled An act relating to Palm Beach
County; amending sections 1, 8, 15 and 16 of chapter 65-2063,
Laws of Florida, known as the Palm Beach County Area
Planning Board Act; providing a definition for "person"; amend-
ing the functions and duties of the Board to provide for the
power to contract with governmental agencies or persons re-
questing the services of the Board; providing the ability of
the Board to assist local governmental units or other persons
under suitable terms and arrangements and providing that
moneys realized therefrom be deposited with the Board of
County Commissioners of Palm Beach County and set aside and
designated specifically for Area Planning Board activities; pro-
viding that all gifts and grants for the conduct of the work
of the Area Planning Board be deposited with the Board of
County Commissioners of Palm Beach County and set aside
and designated specifically for Area Planning Board activities;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Messersmith, Liberti, Watt, Myers, Moore,
and Kimmel--
HB 479-A bill to be entitled An act relating to Acme Im-
provement District, Palm Beach County; amending section 4
of chapter 28557, Laws of Florida, 1953, to provide for five
(5) members of the Board of Supervisors and the manner of
electing the same; amending section 5 of chapter 28557, Laws
of Florida, 1953, to provide for compensation for members of
the Board of Supervisors; amending section 6 of chapter 28557,
Laws of Florida, 1953, providing for a quorum at meetings
of landowners of the district; amending section 11 of chapter
28557, Laws of Florida, 1953, providing for the issue, sale and



disposition of bonds; amending section 14 of chapter 28557,
Laws of Florida, 1953, providing for the interest rate on tempo-
rary borrowing of funds; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.



1t



HB 485-A bill to be entitled An act relating to the Pahokee
Water Control District, Palm Beach County; amending section
6 of chapter 13715, Laws of Florida, 1929, as amended by chap-
ter 77-618, Laws of Florida, relating to maintenance tax rates;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.



E OF REPRESENTATIVES January 18, 1982

By Representatives Liberti, Watt, Myers, Messersmith, Moore
and Kimmel-
HB 480-A bill to be entitled An act relating to the Greater
Boca Ratcn Beach Tax District, Palm Beach County; amending
sections 2 and 10 of Chapter 74-423, Laws of Florida, as amend-
ed, providing for election procedures when a commissioner
resides in an area annexed to the City of Boca Raton; providing
for compensation of commissioners; providing for equal appli-
cation of the act to all residents of the district; providing an
effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Moore, Liberti, Watt, Myers, Messersmith,
and Kimmel-
HB 481-A bill to be entitled An act relating to Palm Beach
County; authorizing the Boca Raton Community Redevelopment
Agency, a body corporate, created pursuant to part III of chap-
ter 163, Florida Statutes (Community Redevelopment Act of
1969), to levy an ad valorem property tax of 1 mill to finance
agency operations; providing for assessment and collection
thereof by the city; delineating the boundaries of the downtown
area; providing for a referendum; providing for repeal of this
act; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Messersmith, Liberti, Watt, Myers, Moore,
and Kimmel-
HB 482-A bill to be entitled An act relating to the East
Shore Water Control District, Palm Beach County; amending
section 8(b) and (d) of chapter 20694, Laws of Florida, 1941,
as amended by chapter 77-621, Laws of Florida, relating to
maintenance tax rates; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Myers, Liberti, Watt, Messersmith, Moore,
and Kimmel-
HB 483-A bill to be entitled An act relating to the Indian
Trail Water Control District in Palm Beach County; amending
Section 7 of Chapter 57-646, Laws of Florida; providing for a
quorum at landowners' meetings; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Liberti, Watt, Myers, Messersmith, Moore,
and Kimmel-
HB 484-A bill to be entitled An act relating to Lake Worth
Drainage District, a body corporate existing under the Laws
of the State of Florida and existing and operating in Palm
Beach County, Florida, pursuant to chapter 61-1747, Laws of
Florida, as amended, changing the boundary lines of said
District so as to include additional lands within said District;
providing for the right of said District to assess and tax said
additional lands in the same fashion as other lands within the
District and subject said lands to the same powers and juris-
diction as all other lands within said District have heretofore
been subject; providing for severability; providing an effec-
tive date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Messersmith, Liberti, Watt, Myers, Moore,
and Kimmel-











JOURNAL OF THE HOUSI



By Representatives Myers, Liberti, Watt, Messersmith, Moore,
and Kimmel-
HB 486-A bill to be entitled An act relating to Palm Beach
County; relating to the Loxahatchee Groves Water Control
District, created under chapter 298, Florida Statutes; to pro-
vide for the manner by which persons shall be elected to the
Board of Supervisors; to provide a formula for determining
the number of votes each landowner shall have; providing an
effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Myers, Messersmith, Liberti, Watt, Moore,
and Kimmel-
HB 487-A bill to be entitled An act relating to Palm Beach
and Martin Counties; relating to the Pal-Mar Water Control
District; providing for the Board of Supervisors to have five
members, one supervisor to be appointed by the Board of County
Commissioners of Palm Beach County, one supervisor to be
appointed by the Board of County Commissioners of Martin
County, and three supervisors to be selected by the landowners
in accordance with s. 298.11, Florida Statutes; providing for
1-year terms of office for the supervisors; providing for the
removal of the supervisors appointed by the Board of County
Commissioners of Palm Beach County and the Board of County
Commissioners of Martin County; providing severability; pro-
viding an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Watt, Liberti, Myers, Messersmith, Moore,
and Kimmel-
HB 488-A bill to be entitled An act relating to the Code
Enforcement Board of Palm Beach County; amending section
5 of Chapter 77-617, Laws of Florida; providing for one mem-
ber being a general contractor; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Kimmel, Liberti, Watt, Myers, Messer-
smith, and Moore--
HB 489-A bill to be entitled An act relating to Palm Beach
County; authorizing the District School Board of said county
to erect, construct, repair, alter, and improve any school building
in Palm Beach County on a day-labor basis, and to pay for the
same with any funds from authorized capital outlay sources
when such erection, construction, repair, alteration, or im-
provement costs do not exceed $200,000 for any one such
project, after plans for such work have been approved by
the Department of Education; requiring approval of the De-
partment of Education before proceeding in accordance with
the provisions of this act; providing that all laws or parts of
laws, whether general or special, in conflict with this act
are superseded to the extent of such conflict; providing effec-
tive and expiration dates.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Messersmith, Liberti, Watt, Myers, Moore,
and Kimmel-
HB 490-A bill to be entitled An act relating to the Pine
Tree Water Control District, Palm Beach County; providing
for the qualifications of members of the Board of Supervisors
of said district as created under chapter 298, Florida Statutes;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Dunbar-



HB 491-A bill to be entitled An act relating to mobile home
parks; amending s. 83.795, Florida Statutes, prohibiting the
infringement upon the right of mobile home owners or tenants



January 18, 1982



ter 65-803, Laws of Florida, as amended, relating to the rate
of the annual maintenance tax levy; amending Section 1 of
Chapter 77-560, Laws of Florida, relating to the rate and levy
of the restoration tax; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.



9 OF REPRESENTATIVES 49

to communicate or assemble among themselves to discuss prob-
lems relative to the mobile home park; prohibiting mobile home
park owners or managers from making certain rules restricting
the canvassing of mobile home owners and tenants for mem-
bership dues with respect to tenants' associations; providing
legislative intent; providing an effective date.
Referred to the Committee on Judiciary.

By the Committee on Transportation and Representatives
Webster and Hagler-
HB 492-A bill to be entitled An act relating to the Depart-
ment of Transportation; amending ss. 20.23, 23.050, Florida
Statutes; creating ss. 334.031-334.035, Florida Statutes; pro-
viding that the head of the department is the Florida Trans-
portation Commission; providing membership, terms, powers,
and duties; providing qualifications of members; providing for
removal; specifying transportation districts; specifying head-
quarters; requiring bond; providing for traveling expenses;
providing for regular and other meetings; specifying quorum;
limiting relations between the commission and departmental
employees; providing for appointment of executive director;
specifying qualifications; providing powers and duties; amend-
ing s. 334.21, Florida Statutes; revising requirements and dead-
lines with respect to preparation of the 5-year construction
plan and the annual program budget by the department; provid-
ing for proposed and final annual program budgets; providing
requirements with respect to substitution of projects in the
plan and budget; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives Young and Morgan-
HB 493-A bill to be entitled An act relating to schools;
providing for instruction in writing skills; providing a formula
for allocating funds for such instruction; providing school
district eligibility requirements; requiring the Department of
Education to establish criteria for determining if teaching
writing is a primary emphasis; providing an effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representative M. E. Hawkins-
HB 494-A bill to be entitled An act relating to Collier
County, amending Section 9 of Chapter 61-2032, Laws of Flor-
ida, as amended, creating the East Naples Fire Control District,
to change the maximum millage authorized to be levied; pro-
viding a referendum.
Referred to the Committee on Community Affairs.

By Representative M. E. Hawkins-
HB 495-A bill to be entitled An act relating to the Marco
Island Fire Control District, Collier County; amending sec-
tions 2, 4, and 5 of Chapter 65-1413, Laws of Florida, as amend-
ed, providing that the Marco Island Fire Control District may
provide transportation to a health facility both within and
without the district when authorized by the Board of County
Commissioners of Collier County under emergency conditions;
eliminating an advisory committee; changing the fiscal year;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative M. E. Hawkins-
HB 496-A bill to be entitled An act relating to Clewiston
Drainage District, Hendry County; amending section 4 of chap-











50 JOURNAL OF THE HOUSE

By the Committee on Criminal Justice-
HB 497-A bill to be entitled An act relating to drug abuse
prevention and control; creating s. 893.105, Florida Statutes,
authorizing the destruction of controlled substances held as
evidence; providing for sample testing and photographing of
such substances; providing that the defense attorney, upon
demand, shall be provided with test results and permitted to
view the evidence; providing that the seizing agency shall retain
a sample for use at trial; authorizing the seizing agency to
destroy such substances 60 days after arraignment of a de-
fendant, or 60 days after seizure if there is no evidence to
indicate the identity of suspects; requiring the seizing agency to
sample test the substances before such destruction and requiring
maintenance of the samples and test results for a certain
period; providing that defense attorney may obtain court order
preventing such destruction; providing an effective date.
Placed on the Calendar without reference.

By Representative M. E. Hawkins-
HB 498-A bill to be entitled An act relating to the registra-
tion of motor vehicles and boats; amending ss. 320.07(3) and
327.25(5), Florida Statutes, providing that the owner of a motor
vehicle or boat shall be subject to the appropriate penalty if
he is present at the time the motor vehicle or boat is stopped for
expired registration; providing an effective date.
Referred to the Committee on Transportation.

By Representative Tygart-
HB 499-A bill to be entitled An act relating to written reports
of accidents; amending ss. 316.066(1) and (3)(a) and 324.051(1)
(a), Florida Statutes, prescribing when a law enforcement
officer is required to file a written accident report to the
Department of Highway Safety and Motor Vehicles; providing
an effective date.
Referred to the Committee on Transportation.

By Representative Young-
HCR 500-A concurrent resolution proposing legislative adop-
tion of specific goals for public education.
Referred to the Committee on Education, K-12.

By Representative J. Plummer-
HB 501-A bill to be entitled An act relating to retail theft;
adding a subsection to s. 812.015, Florida Statutes, requiring
merchants to post notice on shopping carts that certain removal
of a shopping cart from the merchant's premises is a crime;
providing an effective date.
Referred to the Committee on Commerce.

By Representatives Carlton and Gardner-
HB 502-A bill to be entitled An act relating to environmental
control; amending s. 403.087(5), Florida Statutes, providing for
permit fees to be established by the Department of Environ-
mental Regulation on a sliding scale; creating s. 403.0871, Florida
Statutes, establishing a trust fund; providing an interim fee;
providing an effective date.
Referred to the Committees on Natural Resources and Appro-
priations.

By Representative Ward--
HB 503-A bill to be entitled An act relating to municipal
firefighters' pension trust funds; amending s. 175.021, Florida
Statutes, providing that it is the intent of the Legislature that
full-time, paid firefighters employed by special fire control dis-
tricts should be entitled to the benefits available under the



fund; amending ss. 175.041(1) and (3), 175.091, 175.101, 175.111,
175.121, 175.122, 175.131, 175.141, 175.162, 175.191(1) and (5),
175.211, 175.261(1) (a) and (d), 175.291, 175.301, 175.311, 175.321,
175.351, and 175.361(3) (b), (c) and (d), Florida Statutes; amend-
ing s. 175.032(1) and (5), Florida Statutes, and adding subsection
(6) thereto; adding subsection (3) to s. 175.061, Florida Stat-
utes; providing that the provisions of chapter 175, Florida Stat-
utes, relating to municipal firefighters' pension trust funds,



,]



E OF REPRESENTATIVES January 18, 1982

shall also apply with respect to firefighters in special fire con-
trol districts; amending s. 624.520(2), Florida Statutes, to con-
form; providing an effective date.
Referred to the Committees on Retirement, Personnel & Col-
lective Bargaining and Appropriations.

By Representative Bush-
HB 504-A bill to be entitled An act relating to the City of
Pompano Beach, Broward County; authorizing and directing the
city to compensate Scott R. Trauth for the losses he sustained
as a result of the negligence of the city; providing an effective
date.
Proof of publication of the required notice was attached.
Referred to the Committee on Judiciary.

By Representatives Friedman, Spaet, and Batchelor-
HB 505-A bill to be entitled An act relating to public
utilities; creating the "Florida Citizens Utility Board Act";
providing purpose; providing definitions; creating a nonprofit
membership corporation to be known as the Florida Citizens
Utility Board; providing for automatic dissolution of the corpo-
ration under certain circumstances; providing powers and duties
of the corporation; providing for appointment of an interim
board of directors; providing limitations; providing duties; pro-
viding for election by the membership of a board of directors;
providing terms, qualifications, procedures for filling of vacan-
cies, meeting requirements, compensation, bonding requirements,
and duties of the board of directors; providing nomination and
election procedures; requiring submission of certain statements
by candidates; providing for election of officers of the board
and providing terms and duties thereof; providing for employ-
ment of an executive director and providing the powers and
duties thereof; providing for matters relative thereto; author-
izing the corporation, within certain limits, to furnish public
utilities in this state with certain described enclosures or state-
ments describing the corporation and soliciting contributions
therefore, which enclosures or statements the public utilities are
required to include in certain regular mailings or billings to
residential utility customers; requiring public utilities to estab-
lish and maintain special accounts in which contributions to the
corporation are to be deposited; providing for monthly transfer
of such funds to the corporation; providing for reimbursement
of public utilities for certain costs incurred; authorizing the
corporation to represent residential utility consumers in regula-
tory agency proceedings; providing for an annual meeting of
the membership of the corporation; providing that corporation
records, documents, etc., shall be open to the public; prohibiting
certain activities and providing penalties therefore; providing
that the corporation may dissolve itself in accordance with
certain provisions of law; providing for liberal construction of
the act; providing an effective date.
Referred to the Committee on Energy.

By Representative Kershaw-
HB 506-A bill to be entitled An act relating to dogracing
and horseracing; creating s. 550.245, Florida Statutes, provid-
ing for the prerace testing of animals used in racing; providing
an effective date.
Referred to the Committees on Regulated Industries &
Licensing and Appropriations.

By Representative Gustafson-
HB 507-A bill to be entitled An act relating to special laws;
creating s. 11.247, Florida Statutes; directing the Joint Legisla-
tive Management Committee to prepare and maintain a codifi-
cation of all special laws and general laws of local application;
providing an appropriation; providing an effective date.
Referred to the Committees on Community Affairs and
Appropriations.



By Representative Robinson-
HB 508-A bill to be entitled An act relating to uniform
traffic control; amending s. 316.193(2)(a) and (4)(a), Florida
Statutes, to require mandatory imprisonment upon a first con-











JOURNAL OF THE HOUSE



eviction for driving while under the influence of alcoholic bever-
ages, model glue, or controlled substances; providing an effective
date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Williams-
HB 509-A bill to be entitled An act relating to Bradford
County; amending chapter 27413, Laws of Florida, 1951, authori-
zing the Board of Trustees of Bradford County Hospital Corpor-
ation to transfer the capital facilities of Bradford County Hospi-
tal to a nonprofit corporation; providing for dissolution of the
Board of Trustees; providing for reestablishment of the Board
of Trustees; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Fox-
HB 510-A bill to be entitled An act relating to official
court reporters; amending s. 29.01, Florida Statutes, relating
to appointment of court reporters in civil and criminal pro-
ceedings; amending s. 29.02, Florida Statutes, relating to
duties; amending s. 29.04, Florida Statutes, providing for
salaries and fees; deleting an exemption for court reporters in
Volusia County; amending s. 29.05, Florida Statutes, providing
for transcripts to any party; providing for prepayment of fees;
amending s. 29.06, Florida Statutes, providing for certification
of certain transcripts as prima facie evidence; amending s.
29.07, Florida Statutes, relating to appointment and pay of
special court reporters; creating s. 29.11, Florida Statutes,
providing that court reporters are subject to the self-employment
laws and not the employment laws; repealing s. 29.03, Florida
Statutes, relating to compensation; repealing s. 29.10, Florida
Statutes, relating to assistant court reporters in the first
judicial circuit; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Burnsed-
HB 511-A bill to be entitled An act relating to child support
enforcement; amending s. 409.2554(5) and (7), Florida Stat-
utes, and adding subsection (8) thereto, redefining the terms
"responsible parent" and "program attorney" and defining the
term "prosecuting attorney"; amending s. 409.2561(1), Florida
Statutes, requiring the responsible parent to reimburse the
Department of Health and Rehabilitative Services for the pay-
ment of public assistance money to or for the benefit of a
dependent child; providing for enforcement of the obligation
of support; amending s. 409.2567, Florida Statutes, providing
a fee for the collection of support; creating s. 409.2572, Florida
Statutes, requiring public assistance recipients to cooperate
with the department; amending s. 409.2574(3), Florida Stat-
utes, and adding subsection (4) thereto, providing for income
deductions for the collection of public assistance obligations;
providing an effective date.
Referred to the Committee on Judiciary.

By the Committee on Transportation and Representative
Hattaway-
HB 512--A bill to be entitled An act relating to the De-
partment of Transportation; amending s. 337.14(2), Florida
Statutes, to exempt contractors from department certification
requirements when they bid on contracts not having to do
with the construction of roads, bridges, or public transportation
projects; providing an effective date.
Placed on the Calendar without reference.

By the Committee on Transportation and Representative
T. McPherson-
HB 513-A bill to be entitled An act relating to public
records; adding a paragraph to s. 119.07(3), Florida Statutes,



exempting from public records disclosure the identity of private
employees participating in certain ridesharing arrangements:
providing an effective date.
Referred to the Committee on Governmental Operations.



January 18, 1982



providing for the establishment of the Visiting School Scholars
Program; specifying eligibility to participate in the program;
providing responsibilities of visiting scholars; limiting time of
participation in the program; providing for the payment of
salaries jointly by the school district and the Department of
Education; providing an effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.



SOF REPRESENTATIVES 51

By Representative Weinstock-
HB 514-A bill to be entitled An act relating to the farm
labor registration law; amending ss. 450.28(2), 450.30(1) and
(3), 450.31, 450.32(1), 450.33(1), (6), (8), and (9), 450.35,
450.36, and 450.37, Florida Statutes, relating to the admin-
istration of the Farm Labor Registration Law by the Division
of Employment Security of the Department of Labor and
Employment Security; providing an effective date.
Referred to the Committee on Commerce.

By Representative Hodes-
HB 515-A bill to be entitled An act relating to taxation;
amending s. 336.021(1), Florida Statutes; providing that pro-
visions relating to refunds do not apply to the county motor
fuels and special fuels tax; authorizing a county to settle
certain claims arising from such refunds; providing an ef-
fective date.
Referred to the Committee on Transportation.

By Representative Shackelford-
HB 516-A bill to be entitled An act relating to the City
of Bradenton, Manatee County; amending section 2(2) of
chapter 69-851, Laws of Florida, as amended, to change the
definition of average compensation from the best five (5)
years of the last ten (10) years to the best three (3) of the
last five (5) years; amending section 11 of chapter 69-851,
Laws of Florida, as amended, to allow retirement at age fifty
(50), regardless of the number of years of service; providing
that the member be paid a monthly pension for less than
twenty (20) years of service after age fifty (50) in an
amount equal to 2.50 percent of average compensation as de-
fined; adding section 11(A) to chapter 69-851, Laws of Flor-
ida, as amended, to provide for a yearly payment of $300
for those members retired ten (10) years or more, after de-
termination each year by the trustees that such payment is
actuarially sound; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Community Affairs.

By Representative Shackelford-
HB 517-A bill to be entitled An act relating to Sarasota
and Manatee Counties; amending section 4(q) of chapter 77-
651, Laws of Florida, the Sarasota-Manatee Airport Au-
thority Act, relating to powers of the authority; empowering
the authority to adopt zoning ordinances and regulations which
control the land use on airport property to the exclusion of
any other governmental entity.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By the Committee on Transportation and Representative
Nuckolls-
HB 518-A bill to be entitled An act relating to transporta-
tion administration; amending s. 334.215(24), Florida Statutes,
requiring metropolitan planning organizations to become fully
operative within 6 months following designation; providing an
effective date.
Placed on the Calendar without reference.

By Representatives Easley and Hodes-
HB 519-A bill to be entitled An act relating to education;











52



By Representatives Easley and Hieber-
HB 520-A bill to be entitled An act for the relief of Mary
Cook; providing an appropriation to compensate her for the
loss of husband, Trooper Merle J. Cook; providing an effective
date.
Referred to the Committee on Judiciary.

By Representative Hodes-
HB 521-A bill to be entitled An act relating to New College
of the University of South Florida; establishing a trust fund in
the Department of Administration to provide matching money
for certain contributions; requiring the department to disburse
such money to the New College Foundation under certain circum-
stances; providing for reversion of such money to the General
Revenue Fund under certain circumstances; requiring the New
College Foundation to establish an endowment trust account for
deposit of certain moneys; limiting the use of such moneys and
requiring the foundation to report on such uses; authorizing
the Board of Regents to campaign for certain contributions to
New College; providing an appropriation; providing an effective
date.
Referred to the Committees on Education, Higher and Appro-
priations.

By Representative Bell-
HM 522-A memorial to the Congress of the United States,
urging Congress to reenact the Clean Air Act in its present
form.
Referred to the Committee on Natural Resources.

By Representative W. R. Hodges-
HB 523-A bill to be entitled An act relating to insurance;
amending s. 627.4235(2), Florida Statutes, and adding subsection
(3); authorizing certain group hospital, medical, or surgical ex-
pense insurance policies to provide for the coordination of
benefits with another insurer under certain circumstances; ex-
empting certain Medicare benefits from the coordination of
benefits; providing for future review and repeal in accordance
with the Regulatory Sunset Act; providing an effective date.
Referred to the Committee on Insurance.

By Representative W. R. Hodges-
HJR 524-A joint resolution proposing an amendment to
Section 6 of Article VII and the creation of Section 20 of
Article XII of the State Constitution, relating to homestead
tax exemptions.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Allen-
HB 525-A bill to be entitled An act relating to criminal
analysis laboratories; amending s. 943.32, Florida Statutes; re-
flecting the redesignation of the laboratory in Seminole County
as a state-operated laboratory; designating the Monroe County
Sheriff's Department Crime Laboratory and the Pinellas County
Sheriff's Department Forensic Laboratory as part of the state-
wide criminal analysis laboratory system; amending s. 943.35(1),
Florida Statutes; providing for matching state funds for such
laboratories; providing an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Morgan--
HB 526--A bill to be entitled An act relating to education;
requiring the Department of Education to grant a fellowship
in a specified amount to any former student member of the
Board of Regents; providing conditions for issuance of the
fellowship; requiring inclusion in the budget of the department;
providing an appropriation; providing an effective date.



Referred to the Committees on Education, Higher and Appro-
priations.



January 18, 1982



By Representative Crady-
HB 527-A bill to be entitled An act relating to Nassau
County; amending section 1 of chapter 19993, Laws of Florida,
1939, as amended by chapter 79-514, Laws of Florida, relating to
saltwater fishing regulations of said county, the kinds of nets
that may be used for the taking of fish in the salt waters of
said county, and the penalties for violation of said regulations,
to prohibit certain net fishing from the beaches of said county
adjacent to the Atlantic Ocean during a certain time period;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Natural Resources and Com-
munity Affairs.

By Representative Weinstock-
HB 528-A bill to be entitled An act relating to elections;
providing legislative intent; amending s. 101.75, Florida Statutes;
providing uniform filing dates and uniform election dates for
municipal elections; providing for terms of office; providing for
correspondence of terms of municipal office to the common
dates provided in this act; providing that the general law for
absentee ballots apply to all absentee ballots in municipal elec-
tions; providing for exemptions; providing an effective date.
Referred to the Committee on Ethics & Elections.

By Representative Upchurch-
HB 529-A bill to be entitled An act relating to the Florida
National Guard; amending s. 250.23, Florida Statutes; providing
for paying certain military personnel under certain circum-
stances; amending s. 250.24, Florida Statutes; requiring the
Adjutant General to estimate certain costs; requiring certain
moneys to be deposited into a revolving fund; requiring the
Executive Office of the Governor to approve such fund; re-
quiring the Department of Military Affairs to administer such
fund; repealing s. 250.11, Florida Statutes, relating to auditing
accounts of the Florida National Guard; providing an effective
date.
Referred to the Committees on Veterans Affairs and Appro-
priations.

By Representative Upchurch-
HB 530-A bill to be entitled An act relating to school
funding; amending s. 236.081(6) (c), Florida Statutes, providing
a minimum percentage of net annual state allocation to each
school district for current operations; providing an effective
date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By the Committee on Judiciary and Representative Rich-
mond-
HB 531-A bill to be entitled An act relating to land sales
practices; amending s. 498.017(1) and (2), Florida Statutes,
and adding subsection (12) thereto, providing specific fee
schedules with respect to subdivision registration and the
renewal thereof under the "Florida Uniform Land Sales Prac-
tices Law"; providing a fee for the filing of certain requests;
amending s. 498.033(4), Florida Statutes, relating to the regis-
tration of subdivided lands, to correct a scrivener's error;
providing for review and repeal in accordance with the Regu-
latory Sunset Act; providing an effective date.
Placed on the Calendar without reference.

By the Committee on Judiciary-
HB 532-A bill to be entitled An act relating to garnish-
ment; amending s. 77.28, Florida Statutes, providing for the
deposit of $25 with the court as partial payment of the
garnishee's attorney's fees before the issuance of a writ of
garnishment; providing that where costs are taxed against the
defendant in the proceeding, such costs shall be deducted from
the debt owed to the defendant; repealing s. 77.031, Florida



Statutes, relating to the procurement of a writ of garnish-
ment before judgment; repealing s. 77.22, Florida Statutes,
relating to the effect of a judgment in favor of the defendant
with respect to prejudgment garnishment actions; repealing



JOURNAL OF THE HOUSE OF REPRESENTATIVES











JOURNAL OF THE HOUSE OF REPRESENTATIVES



s. 77.24, Florida Statutes, relating to discharge of certain
garnishment proceedings; providing an effective date.
Placed on the Calendar without reference.

By Representatives Morgan, Price, and Drage-
HB 533-A bill to be entitled An act relating to assessment
of special classes of property; creating s. 193.505, Florida
Statutes; providing that the owner of historically significant
property may convey development rights to such property to
the county governing body or covenant with such body that the
property not be used for purposes inconsistent with historic
preservation; providing procedures and requirements; provid-
ing for assessment of such property; providing for payment of
deferred tax liability upon release from or expiration of the
covenant; providing duties of property appraiser and tax col-
lector; amending s. 193.501(6)(a) and (g) and (7), Florida
Statutes, relating to assessment of outdoor recreational or
park land; removing reference to historical sites; revising
interest rate on deferred tax liability; requiring tax collector
to report deferred tax liability collected under such section;
repealing s. 193.507, Florida Statutes, relating to assessment
of lands within areas of critical state concern; providing an
appropriation; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Moore-
HB 534-A bill to be entitled An act relating to economic
revitalization; amending s. 220.181(1), Florida Statutes; pro-
viding that the economic revitalization jobs creation incentive
credit against the corporate income tax is renewable for each
job created; providing a limitation on the credit for the
same employee; deleting a requirement that a new business
employee be employed no fewer than 6 months; authorizing
carryover of unused credit; amending s. 220.183(6) (a), Florida
Statutes, and adding paragraph (4)(e) thereto; authorizing
carryover of unused community contribution tax credit; de-
leting the requirement that a proposal for the granting of
such credit include a resolution of the local governmental unit
certifying that the project is consistent with local plans and
regulations; amending s. 288.608(6), Florida Statutes; pro-
viding that loans under the Community Development Corpora-
tion Support and Assist Program to be repaid within 15 years;
providing an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment, Finance & Taxation, and Appropriations.

By Representative Shackelford-
HB 535-A bill to be entitled An act relating to the Braden
River Fire Control and Rescue District, Manatee County;
amending section 6 of chapter 80-538, Laws of Florida, amend-
ing the authorization of the district to levy special assessments
against taxable real estate; authorizing charges for emergency
services; providing the rate for such assessments; providing
for an impact fee; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Girardeau-
HB 536--A bill to be entitled An act relating to district
school boards; providing legislative intent; prohibiting dis-
trict school boards from utilizing single-grade centers to com-
ply with court-ordered desegregation under certain circum-
stances; providing a definition; providing an effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representative Tygart--
HB 537-A bill to be entitled An act relating to the Crimes
Compensation Trust Fund; amending s. 960.20, Florida Stat-
utes; providing that criminal traffic offenses are subject to
the imposition of additional costs; providing an effective date.



By Representative Kelly-
HB 538-A bill to be entitled An act relating to physical
therapy; creating s. 486.015, Florida Statutes; providing legis-
lative intent; amending s. 486.021, Florida Statutes; providing
definitions; renumbering and amending s. 486.121, Florida
Statutes; providing powers and duties of the Board of Medical
Examiners with respect to regulating the practice of physical
therapy; providing powers, duties, and membership of the
Physical Therapy Committee; renumbering and amending s.
486.071, Florida Statutes; requiring licensure of physical thera-
pists; amending s. 486.031, Florida Statutes; specifying re-
quirements for licensure; amending s. 486.041, Florida Stat-
utes; specifying procedures for licensure as a physical thera-
pist; amending s. 486.051, Florida Statutes; providing for
examinations for licensure as a physical therapist; amending s.
486.061, Florida Statutes; providing for the issuance of li-
censes to applicants passing examinations; amending s. 486.-
081, Florida Statutes; providing for licensure of persons with-
out examination; renumbering and amending s. 486.052, Florida
Statutes; providing for fees; amending s. 486.102, Florida
Statutes; providing registration requirements for physical thera-
pist assistants; amending s. 486.103, Florida Statutes; specify-
ing application procedures for registration as a physical thera-
pist assistant; amending s. 486.104, Florida Statutes; providing
for examination of physical therapist assistant applicants;
amending s. 486.106, Florida Statutes; providing for issuance
of certificates of registration to physical therapist assistants;
amending s. 486.107, Florida Statutes; providing for issuance of
certificates to persons without examination; renumbering and
amending s. 486.105, Florida Statutes; providing for fees for
physical therapist assistants; renumbering and amending s.
486.072, Florida Statutes; providing for the disposition of fees;
renumbering and amending s. 486.091, Florida Statutes; pro-
viding for the refusal, revocation or suspension of registration
or license; renumbering and amending s. 486.101, Florida Stat-
utes; prohibiting false representation and unlawful practice
of physical therapy; amending s. 486.151, Florida Statutes;
providing penalties for violations; providing for injunctive
relief; amending s. 486.161, Florida Statutes; providing ex-
emptions; amending s. 486.171, Florida Statutes; providing
that current licenses are valid under certain circumstances;
providing severability; repealing s. 486.141, Florida Statutes,
which section prohibits fraudulent representation to obtain
registration; providing an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment and Appropriations.

By Representative L. J. Hall-
HB 539-A bill to be entitled An act relating to saltwater
fisheries; amending s. 370.16(9), Florida Statutes, providing
that, under the state laws regulating oysters and shellfish, no
natural reefs contiguous to Gulf County shall be included in
certain leases; prohibiting future oyster leases in Gulf County;
providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Shackelford-
HB 540-A bill to be entitled An act relating to transpor-
tation; amending s. 336.41(3), Florida Statutes, relating to
contracts for the construction and reconstruction of roads and
exceptions to the requirement of competitive bidding with re-
spect thereto; providing an effective date.
Referred to the Committee on Transportation.

By Representative Allen-
HB 541-A bill to be entitled An act relating to the State
Transportation Trust Fund; amending s. 339.081, Florida Stat-
utes; establishing a certain account within the trust fund; re-
quiring the Department of Transportation to deposit into such
trust fund money from the sale of certain rights-of-way; pro-
viding an appropriation of such moneys for certain uses;
providing an effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representative Allen-



Referred to the Committees on Criminal Justice and Appro- HB 542-A bill to be entitled An act relating to Monroe
priations. County; requiring that electric and water utilities operated by



January 18, 1982



53











54 JOURNAL OF THE HOUSE

public bodies and rural electric cooperatives within the county
pay a minimum interest on customer deposits; providing an
effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Allen-
HB 543-A bill to be entitled An act relating to the Key
West Redevelopment Agency, Monroe County; amending Chap-
ter 81-405 of the Laws of Florida, providing certain ad
valorem and special assessment taxing powers for said agency;
authorizing said agency to stimulate the construction of hous-
ing through the use of public financing; providing an effective
date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Bankhead-
HB 544-A bill to. be entitled An act relating to guardian-
ship; adding s. 744.309(2)(e), Florida Statutes; providing for
additional, alternative conditions under which a Florida non-
resident may be appointed as guardian of a resident incompe-
tent; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Deratany-
HB 545-A bill to be entitled An act relating to traffic
offenses; creating s. 318.23, Florida Statutes, providing that the
owner of a motor vehicle involved in a moving traffic offense
shall be liable unless he identifies the operator of the vehicle
or executes an affidavit containing certain statements; provid-
ing for a uniform affidavit form; providing a penalty for false
swearing; creating a rebuttable presumption; providing an ef-
fective date.
Referred to the Committee on Transportation.

By Representatives Spaet and Rosen-
HB 546-A bill to be entitled An act relating to the Depart-
ment of Health and Rehabilitative Services; amending s.409.2671-
(2)(d), (3), (7)(c), (e), Florida Statutes; providing for an
extension of the pilot project to test the feasibility of increasing
hospital outpatient service through local agency contributions;
providing an effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representative Shackelford-
HB 547-A bill to be entitled An act relating to Cedar
Hammock Fire Control District, Manatee County; amending
Section 2 of Chapter 57-1546, Laws of Florida, as amended,
relating to the business and affairs of said District by providing
for the appointment and compensation of a Secretary-Treasurer;
amending Section 7 of Chapter 57-1546, Laws of Florida, as
amended, supplementing the power and authority of the District
to borrow money for District purposes; providing an effective
date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Hattaway-
HB 548-A bill to be entitled An act relating to the criminal
possession of rented or leased personal property; providing that
it is a crime to illegally possess rented or leased property under
certain circumstances; providing for a written demand for
return of the property; providing an affirmative defense; pro-
viding penalties; providing an effective date.
Referred to the Committee on Criminal Justice.



I\



By Representatives Ewing, Danson, and Burrall--
HB 549-A bill to be entitled An act relating to saltwater
conservation; amending s. 370.12(2)(f), Florida Statutes, direct-



E OF REPRESENTATIVES January 18, 1982

ing the Department of Natural Resources to regulate motorboat
traffic in a described area in Sarasota County for the protection
of manatees; providing legislative intent; providing an effective
date.
Referred to the Committee on Natural Resources.

By Representatives Ewing and Danson-
HB 550-A bill to be entitled An act relating to mechanics'
liens; creating s. 713.031, Florida Statutes, providing for the
creation of a lien in favor of certain volunteer fire departments
for services performed on behalf of nonmembers of the depart-
ment; requiring the recording of a lien to perfect the interest;
providing an effective date.
Referred to the Committee on Judiciary.

By Representatives Ewing and Danson-
HB 551-A bill to be entitled An act relating to public health;
amending s. 381.272(6), Florida Statutes, requiring that an
individual sewage disposal system shall connect to a public-
owned or investor-owned sewerage system if the county health
department determines that a health hazard exists; providing an
effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representative Sample-
HB 552-A bill to be entitled An act relating to fresh water
management; creating a joint legislative task force to make a
comprehensive study of water resource management or allocation
laws of the state and their enforcement; directing that it report
its findings and recommendations to the 1983 session of the
Legislature; providing for staff and expenses of the committee;
providing an effective date.
Referred to the Committees on Natural Resources and Appro-
priations.

By Representative Cosgrove-
HB 553-A bill to be entitled An act relating to the Depart-
ment of General Services; amending s. 287.082, Florida Statutes,
providing for preference in competitive bids with respect to
commodities manufactured in the United States; providing an
effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Hagler-
HB 554-A bill to be entitled An act relating to industrial
development financing; amending s. 159.27(4), Florida Statutes,
providing for community redevelopment agencies to be included
in the definition of "local agency" for the purpose of industrial
development financing; providing an effective date.
Referred to the Committee on Community Affairs.

By Representative M. E. Hawkins-
HB 555-A bill to be entitled An act relating to Collier
County, repealing Chapter 67-1243, Laws of Florida, as amended,
creating the Little Hickory, Bonita Shores Fire Control District;
amending section 1 of Chapter 61-2032, as amended, to extend
the boundaries of the North Naples Fire Control District; pro-
viding for a referendum; providing an effective date.
Referred to the Committee on Community Affairs.

By Representative M. E. Hawkins-
HB 556--A bill to be entitled An act relating to Collier
County; creating the Golden Gate Fire Control and Rescue Dis-



trict within the county; providing for the creation and election
of a district board; defining the district board's duties, powers,
and authority; prohibiting certain activity by district board
members; providing for an annual budget estimate and for
reports to the board of county commissioners; providing for
the raising of funds by taxation on all property within the











JOURNAL OF THE HOUSE



district and providing the methods of levying, collecting, and
disbursing such funds; providing for a referendum.
Referred to the Committee on Community Affairs.

By Representative M. E. Hawkins-
HB 557-A bill to be entitled An act relating to the Sugar-
land Drainage District, Glades and Hendry Counties; amend-
ing section 2 of chapter 77-562, Laws of Florida, relating to
maintenance tax rates, to increase the annual maximum rate
per acre levied upon certain lands in said district; providing
an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Sample-
HJR 558-A joint resolution amending Sections 1 and 9 of
Article VII of the State Constitution to provide limitations
upon state and local taxation.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Sample-
HB 559-A bill to be entitled An act relating to governmental
reorganization; creating s. 20.36, Florida Statutes; creating a
Department of Veterans' Affairs; transferring the Division of
Veterans' Affairs of the Department of Veteran and Community
Affairs to said department; providing powers and duties of
the department; amending s. 20.18, Florida Statutes, to con-
form to this act; directing that conforming editorial changes
be made in the Florida Statutes; providing an appropriation;
providing for review and repeal in accordance with the Sundown
Act; providing an effective date.
Referred to the Committees on Veterans Affairs, Govern-
mental Operations, and Appropriations.

By Representative Weinstock-
HB 560-A bill to be entitled An act relating to penultimate
wills; authorizing certain persons to execute penultimate wills
whereby they name guardians should they be adjudicated in-
competent; providing for the execution, alteration, and can-
cellation of such wills; disqualifying the named guardian from
serving as a witness to the will; authorizing the court to ap-
point the named guardian; providing an effective date.
Referred to the Committee on Judiciary.

By Representative McEwan-
HB 561-A bill to be entitled An act relating to workers'
compensation; amending s. 440.20(12), Florida Statutes, modi-
fying provisions relating to the payment of compensation in
the form of lump-sum payments; providing for lump-sum pay-
ments for medical expenses under certain circumstances; pro-
viding for written consent of the employer to be filed with
the joint petition for a lump-sum settlement of a controverted
claim; requiring a hearing, unless the claimant is out of the
state, when claims are controverted and settled in a certain
manner; providing an effective date.
Referred to the Committee on Insurance.

By Representative Drage-
HJR 562-A joint resolution proposing an amendment to
Section 4, Article .VII of the State Constitution, relating to
assessment of property for ad valorem taxation, to provide
for the assessment of historic property at a specified percen-
tage of its value.
Referred to the Committee on Finance & Taxation.

By Representative Tygart-



HB 563-A bill to be entitled An act relating to the Depart-
ment of Corrections; amending s. 945.30(1), Florida Statutes,
to increase the minimum and maximum monthly amounts that



January 18, 1982



By Representative Young-
HB 569-A bill to be entitled An act relating to education;
amending ss. 228.041 (18) and 230.23(4)(m), Florida Statutes,
to include talented students within the definition of "exceptional
students"; providing certification, placement, evaluation, and



E OF REPRESENTATIVES 55

a person under probation or parole supervision shall contrib-
ute as payment for such supervision; providing an effective
date.
Referred to the Committees on Corrections, Probation &
Parole and Appropriations.

By Representative Shackelford-
HB 564-A bill to be entitled An act relating to Samoset
Fire Control District, Manatee County; amending section 7 of
chapter 57-1544, Laws of Florida, as amended, supplementing
the power and authority of the district commissioners for the
Samoset Fire Control District to borrow money for district
purposes; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative C. A. Hall-
HB 565-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.021(24), Florida Statutes;
reducing the number of years of creditable service used in
determining average final compensation; amending s. 121.052(4),
Florida Statutes; increasing contributions by employers for
members of the Elected State Officers' Class; amending s.
121.071(2), Florida Statutes; increasing contributions by em-
ployers for regular and special risk members; providing an
effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representative L. H. Plummer-
HB 566-A bill to be entitled An act relating to transporta-
tion; directing the Department of Transportation to take certain
action with respect to the toll charges on specified expressways
in Dade County; providing an effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representative Batchelor-
HB 567-A bill to be entitled An act relating to driving while
intoxicated; amending s. 316.193, Florida Statutes, increasing
penalties for driving while under the influence of alcoholic
beverages, model glue, or controlled substances, or with an
unlawful blood alcohol content; deleting time restrictions upon
penalties for subsequent offenses; amending s. 322.271(2), Flor-
ida Statutes, prohibiting limited restoration of driving privilege
to repeat offenders and prohibiting restoration of any driving
privilege to certain other offenders; denying certain persons
financial assistance from the state; amending s. 322.28(2), Flor-
ida Statutes, increasing the periods of revocation of drivers'
licenses for persons convicted of driving while intoxicated or
with an unlawful blood alcohol content; deleting time restrictions
upon penalties for subsequent offenses; prohibiting certain early
restoration of driving privilege; amending ss. 25.387(3) and
322.282(2), Florida Statutes, conforming cross references to the
act; reenacting ss. 322.262(1) and 860.01(1), Florida Statutes,
to incorporate the amendment to s. 316.193, Florida Statutes,
in a reference thereto; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Hagler-
HB 568-A bill to be entitled An act for the relief of Guin
& Hunt, Inc., a Florida corporation; providing an appropria-
tion to compensate it for losses sustained in the performance of
work above and beyond that required for certain construction
on a service plaza owned by the Department of Transportation;
providing an effective date.
Referred to the Committee on Judiciary.












56 JOURNAL OF THE HOUSE

prescription procedures for the talented; amending s. 236.-
081(1) (c), Florida Statutes, to provide a talented cost factor
in the Florida Education Finance Program; providing an effec-
tive date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representative Allen-
HB 570-A bill to be entitled An act relating to Monroe
County; amending section 4(1) of chapter 76-441, Laws of
Florida, as amended; providing that the board of directors of
the Florida Keys Aqueduct Authority shall consist of the mem-
bers of the governing board of the South Florida Water Man-
agement District, plus one additional appointed member, until
June 30, 1982, rather than until June 30, 1983, and that members
of the board shall be appointed by the Governor thereafter;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative L. H. Plummer-
HB 571-A bill to be entitled An act relating to elections;
amending s. 99.097(4) and (5), Florida Statutes; requiring that
a person wishing to contest the results of the verification of
signatures on petitions by the supervisor of elections by the
random sample method file a complaint in the circuit court
specifying the grounds on which he intends to require a complete
check of names and signatures; clarifying provisions relating
to retention of petitions; providing an effective date.
Referred to the Committee on Ethics & Elections.

By the Committee on Judiciary and Representatives Silver
and L. J. Smith-
HB 572-A bill to be entitled An act relating to condo-
miniums; adding subsection (4) to s. 718.112, Florida Statutes,
providing for voluntary binding arbitration under condominium
association bylaws; amending s. 718.501(1) (d), Florida Statutes,
authorizing the Division of Florida Land Sales and Condo-
miniums of the Department of Business Regulation to bring
class actions in certain situations; providing legislative intent
that certain provisions of Pub. L. No. 96-399 shall not apply
in this state; repealing s. 718.501(2), Florida Statutes, relating
to the Condominium and Cooperative Advisory Council; pro-
viding an effective date.
Referred to the Committee on Appropriations.

By Representatives Grant, Hodes, Moffitt, Carpenter, Clem-
ents, Sheldon, Foster, and Davis-
HB 573-A bill to be entitled An act relating to Hills-
borough County; amending section 18 of chapter 80-510, Laws
of Florida, relating to the Hillsborough County Hospital Au-
thority, to provide that patient revenues may be used or pledged
to pay revenue or refunding bonds issued to construct parking
or private office facilities; providing that office facilities shall
be constructed on premises on or contiguous to the hospital
grounds; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Hodes, Martinez, Grant, Moffitt, Foster,
Carpenter, Clements, Sheldon, and Davis-
HB 574-A bill to be entitled An act relating to Hillsborough
County; providing legislative intent; creating a county Civil
Service Board; providing for method of appointment and terms
of members of the Board; providing for method of organiza-



tion and compensation of members of the Board; permitting
municipalities to come within provisions of this act; providing
for designation and classifications of employees to be affected
by the act; providing for study of salary ranges; providing for
manner of employment, promotions, reduction, suspension, lay-
off, and discharge of employees; authorizing Civil Service Board
to make rules and regulations governing examinations, classi-
fications, salary ranges, employment, promotion, reduction, sus-
pension, layoff, and discharge; providing for method of appeal;



SE



By Representative Thompson-
HB 579-A bill to be entitled An act relating to state em-
ployment; amending s. 110.122(3), Florida Statutes, providing



SOF REPRESENTATIVES January 18, 198L

providing for such other rules and regulations as are ner-
essary to carry out the general purposes of this act; prohibit
certain practices concerning employees; providing a penalty
for violation of any such prohibitions; providing for an annual
appropriation out of the treasury of the county for the expense
and operation of such Board; providing for periodic review of
the act; repealing Chapters 69-1121, 70-1003, 71-675, 75-391,
77-565, 77-567, 77-571, 78-529, 79-474, 81-390, and 81-391, Laws
of Florida; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Carpenter, Grant, Moffitt, Martinez,
Foster, Clements, Sheldon, and Davis-
HB 575-A bill to be entitled An act relating to Hillsborough
County; amending section 7 of chapter 24592, Laws of Florida,
1947, as amended; providing for the creation of a regulatory
body to replace the Board of Adjustment; granting to such
regulatory body the obligation and power to exercise authority
in the same categories of matters in which authority was here-
tofore exercised by the Board of Adjustment; providing for
the regulatory body also to hear appeals from administrative
decisions made under Hillsborough County's comprehensive plan
and development standards ordinance; allowing the Hillsborough
County Board of County Commissioners to place such restric-
tions and limitations as are lawful upon the authority of the
regulatory body to make variances and special exceptions;
permitting the Hillsborough County Board of County Commis-
sioners to grant the regulatory body authority in additional
matters relating to land use regulation; providing a minimum
number of members of the regulatory body and establishing
minimum qualifications for some such members; eliminating
staggered terms of members; eliminating the requirement that
current members of the Board of Adjustment continue to serve
during the balance of their respective terms; providing for
reversal of the action of administrative officials, upon appeal,
by vote of a majority of the full membership of the regulatory
body; providing for the continuation, for a limited time and
purpose, of the existing Board of Adjustment; providing an
effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Martinez, Hodes, Grant, Moffitt, Foster,
Carpenter, Clements, Sheldon, and Davis-
HB 576-A bill to be entitled An act relating to Hillsborough
County; repealing s. 11 of chapter 78-523, Laws of Florida,
relating to repeal of the act creating a city-county planning
commission effective July 31, 1983; providing an effective
date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Spaet-
HB 577-A bill to be entitled An act relating to natural
resources; creating the "Dumfoundling Bay Enhancement Act";
providing legislative intent; providing the legal boundaries of
Dumfoundling Bay; providing for a Dumfoundling Bay En-
hancement Trust Fund; providing for the uses of moneys in
the fund; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Thompson-
HB 578-A bill to be entitled An act relating to saltwater
commercial fishing permits; amending s. 370.0822, Florida
Statutes, as created by chapter 81-202, Laws of Florida; re-
quiring a commercial fishing permit for the taking of certain
fish with a net in Taylor County; providing for collection and
deposit of permit fee; providing a penalty; providing an effec-
tive date.
Referred to the Committee on Natural Resources.











JOURNAL OF THE HOUSE OF REPRESENTATIVES



limitations on the amount of terminal payment for accumu-
lated sick leave which may be paid to certain employees; pro-
viding an effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representative Thompson-
HB 580-A bill to be entitled An act relating to the liability
of public officers, employees, and agents; amending s. 768.28(9),
Florida Statutes, specifically including public defenders and
their employees or agents within certain exemption from per-
sonal liability for acts or omissions in the course of their duties;
providing an effective date.
Referred to the Committee on Judiciary.

By Representative Thompson-
HB 581-A bill to be entitled An act relating to taxation;
amending s. 194.011(3) (d), Florida Statutes; specifying a time
period within which to file a certain petition; amending s.
194.032(3), Florida Statutes; providing conditions for contest-
ing an assessment by an aggrieved taxpayer; amending s.
200.065(5), Florida Statutes; authorizing certain taxing author-
ities to administratively adjust certain millage rates without
a public hearing in certain circumstances; amending s. 200.069-
(6), (7), Florida Statutes; changing certain requirements
relating to the notice of proposed property taxes; providing
time limitations on holding certain public hearings; providing
an effective date.
Referred to the Committee on Finance & Taxation.

By Representative Thompson-
HB 582%-A bill to be entitled An act for the relief of Robert
Parker and his wife Beady Parker; providing an appropriation
to compensate them for the loss of their automobile and for
emotional distress; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Burnsed-
HB 583-A bill to be entitled An act relating to bedding in-
spection; repealing chapter 556, Florida Statutes, the Bedding
Inspection Law, which provides for the inspection of bedding
material by the Department of Health and Rehabilitative Serv-
ices; providing an effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representative Silver-
HB 584-A bill to be entitled An act relating to taxation;
providing legislative intent; amending ss. 200.065(1) and (2)(c)
and 236.25(1), Florida Statutes; prohibiting taxing authorities
from levying a millage which exceeds the rolled-back rate by
more than 5 percent; amending ss. 212.03(1), (3) and (6),
212.031(1)(c) and (d), 212.04(1), 212.05, 212.055(1), 212.06-
(1)(a), 212.08(3) and (11)(c), 212.12(10) and (11), and
125.0165(1), Florida Statutes; increasing the tax on sales, use,
and other transactions; providing for distribution of the pro-
ceeds; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Silver-
HB 585-A bill to be entitled An act relating to banking;
amending s. 658.27(20) (a), (3), (4), and (5), Florida Statutes,
defining additional conditions under which a business organi-
zation has control over a bank or other business organization;
adding subsections (4) and (5) to s. 658.29, Florida Statutes;
providing for additional conditions and restrictions on banks
and holding companies operating outside the state from ac-
quiring control of state banks; providing for the application of
the act; providing for review and repeal in accordance with



the Regulatory Sunset Act; providing an effective date.
Referred to the Committee on Commerce.



By Representatives Danson, Ewing, and Shackelford-
HB 586-A bill to be entitled An act relating to Sarasota
County; amending section 1 of chapter 70-930, Laws of Florida,
providing an exception for the taking of certain menhaden-like
fish with a purse seine, purse gill net, lampara net, or similar
net or device; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Natural Resources and Com-
munity Affairs.

By Representative Melby-
HB 587-A bill to be entitled An act relating to child labor;
amending s. 450.081(1), Florida Statutes, changing the autho-
rized hours of employment for 16- and 17-year-old children;
providing an effective date.
Referred to the Committee on Commerce.

By Representative Melby-
HB 588-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.091(4) (d) and (6) (a),
Florida Statutes, providing optional forms of calculation of
disability retirement benefits; providing an effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representatives Clements and Hieber-
HB 589-A bill to be entitled An act relating to animals;
amending s. 828.12, Florida Statutes; increasing the penalty
for the crime of cruelty to animals; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Thomas-
HB 590-A bill to be entitled An act relating to funeral
directing, embalming, and direct disposition; amending s. 470.-
008(2), Florida Statutes, authorizing the registration of em-
balmer interns prior to completion of certain study; amending
s. 470.026(1) and (2), Florida Statutes, prohibiting at-need
solicitation of funeral merchandise and services; adding a sub-
section to s. 470.028, Florida Statutes, requiring funeral di-
rectors and funeral homes to deposit certain funds in trust upon
the preneed sale of funeral merchandise or services or when
they promise to deliver such merchandise or services at no cost;
providing for future repeal and review in accordance with the
Regulatory Sunset Act; providing an effective date.
Referred to the Committee on Tourism & Economic Develop-
ment.

By Representatives Melby, D. L. Jones, Nergard, Hieber,
Dunbar, J. H. Smith, Woodruff, Richmond, Easley, and Danson-
HB 591-A bill to be entitled An act relating to state
bridges; creating s. 338.075, Florida Statutes, requiring the
Division of Road Operations of the Department of Transporta-
tion to provide electronic navigation protection equipment for
certain state bridges and to inform licensed state pilots of
the utilization of such equipment; providing an effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representatives Melby, D. L. Jones, L. J. Hall, J. H.
Smith, Myers, Easley, Kiser, Richmond, Woodruff, Danson, and
Boles-
HB 592-A bill to be entitled An act relating to state gov
ernment; providing that inclusion of this state in any federal
region is of no effect; providing for civil actions to enjoin
violations of the act; requiring the Secretary of State to pro-
vide copies of the act to certain persons; providing an effective
date.



Referred to the Committees on Governmental Operations and
Appropriations.



57



January 18, 1982











58 JOURNAL OF THE HOUSE

By Representatives Batchelor, Sheldon, Wetherell, Lewis,
Clements, and Deratany-
HB 593-A bill to be entitled An act relating to hazardous
wastes; amending s. 208.001, Florida Statutes, imposing an
excise tax upon the transporting of hazardous wastes; reduc-
ing the period in which the tax on the generation of hazardous
wastes is suspended; amending s. 208.004(3), Florida Statutes,
correcting a cross reference; creating s. 208.006, Florida Stat-
utes, imposing a gross receipts tax upon privately owned com-
mercial hazardous waste facilities; specifying use of tax reve-
nues; amending s. 403.091, Florida Statutes, authorizing the
Department of Environmental Regulation to inspect property
on which a hazardous waste generator, transporter, or facility
is located or being constructed; amending s. 403.704(16), Flor-
ida Statutes, and adding a new subsection (4), expanding the
duties of the Department of Environmental Regulation; re-
quiring department rules relating to air and water pollution to
at least meet federal standards; transferring certain duties of
the Environmental Regulation Commission to the department;
authorizing the department to adopt rules relating to phosphate
rock prior to certain federal agency action; amending s. 403.-
7045(1)(c) and (2), Florida Statutes, updating and correcting
a reference to federal law; deleting an exemption for discarded
material generated from the mining of phosphate rock from
regulation by the department as a hazardous material; amending
s. 403.707(2), Florida Statutes, providing that certain permit
exemptions shall not apply to certain hazardous waste facili-
ties; restricting certain activities which resource recovery and
management facilities may engage in without a permit; amend-
ing s. 403.721(2), Florida Statutes, requiring the department to
adopt rules to protect groundwater, surface water, land, and
air from hazardous wastes; amending s. 403.722(4) and (9),
Florida Statutes, and adding a subsection; expanding the
application requirements for permits for hazardous waste dis-
posal, storage, and treatment facilities; placing time limitations
upon the processing of permit applications; authorizing a state
corporate income tax offset for certain expenses related to
permit applications; creating s. 403.7225, Florida Statutes, re-
quiring local government interest prior to consideration of a
hazardous waste commercial landfill permit application; amend-
ing s. 403.723(4), (5), (6), and (8), Florida Statutes, trans-
ferring certain duties relating to the siting of hazardous waste
facilities from regional planning councils to the State Haz-
ardous Waste Policy Advisory Council; amending s. 403.725(1)
and (5), Florida Statutes, expanding the purpose of the Haz-
ardous Waste Management Trust Fund; authorizing punitive
damages against certain persons who release hazardous wastes
into the environment; amending s. 403.727(4), Florida Stat-
utes, and adding a subsection, restricting a third party de-
fense to liability for violations of the Florida Resource Re-
covery and Management Act; authorizing awards to persons
aiding in the arrest and conviction of persons illegally treat-
ing, storing, disposing of, or transporting hazardous wastes;
amending s. 403.729, Florida Statutes, changing the member-
ship and terms of office of the State Hazardous Waste Policy
Advisory Council; providing for a statewide hazardous waste
needs assessment by the council; changing the requirements
of such assessment; providing for future repeal and legislative
review of provisions relating to the siting of hazardous waste
facilities and to the council; reenacting s. 403.087(6) (d), Florida
Statutes, to incorporate the amendment to s. 403.091, Florida
Statutes, in a reference thereto; reenacting ss. 403.708(1)(a)
and 403.722(6), Florida Statutes, to incorporate the amend-
ment to s. 403.707(2), Florida Statutes, in references thereto;
reenacting s. 403.726(2), Florida Statutes, to incorporate the
amendment to s. 403.725(5), Florida Statutes, in a reference
thereto; providing an effective date.
Referred to the Committees on Natural Resources, Finance &
Taxation, and Appropriations.

By Representative Carlton--
HB 594-A bill to be entitled An act relating to beach nour-
ishment; amending s. 161.141, Florida Statutes; eliminating re-
quirements for fixing and determining certain boundary lines;
providing alternative procedure; redesignating the Depart-
ment of Natural Resources as the permitting authority in
certain instances; providing that the Department of Environ-



mental Regulation shall be the permitting authority in certain
instances; providing for notice; providing a limitation; adding
subsection (4) to s. 161.151, Florida Statutes, defining "au-
thorized beach restoration project"; amending ss. 253.03(10)
(a), 253.12(5)(b), and 253.123(2)(c), Florida Statutes, to pro-
vide for the utilization of sand dredged from navigation chan-



i>



HB 600-A bill to be entitled An act relating to dissolution
of marriage; creating s. 61.085, Florida Statutes, providing for
the division of property in a dissolution of marriage proceed-
ing; providing for marital property and separate property;
providing for the division of marital property, in kind or in
value; providing an effective date.
Referred to the Committee on Judiciary.



4 qr q % wo-t A r V WWV--Irt-



E OF REPRESENTA'TIVES January 18, 1982

nels for beach nourishment on public and private upland prop-
erties and in contiguous offshore waters at no cost to public
or private interests; providing an effective date.
Referred to the Committees on Natural Resources and Appro-
priations.

By Representatives Watt, Reynolds, L. R. Hawkins, Spaet,
Meek, Silver, Lehtinen, L. H. Plummer, and Clements-
HR 595-A resolution recognizing the University of Miami
football team as "State Champions" of the State of Florida for
1981.
Placed on the Calendar without reference.

By Representative Messersmith-
HB 596-A bill to be entitled An act relating to the Florida
Atlantic University West Palm Beach Center; providing legis-
lative intent; providing for the sale of a portion of the present
Florida Atlantic University West Palm Beach Center property
to fund the construction of a substitute facility for the center
on the North Campus of Palm Beach Junior College; pro-
viding for the deeding back of the remaining portion of the
center property to the donor for the benefit of the community;
providing an effective date.
Referred to the Committees on Education, Higher and Appro-
priations.

By Representatives McEwan, Webster, Crotty, Carlton, Drage,
and Batchelor-
HB 597-A bill to be entitled An act relating to state parks
and preserves; creating s. 258.082, Florida Statutes; desig-
nating certain lands in Orange County as the William Beardall-
Tosohatchee State Preserve; providing an effective date.
Referred to the Committees on Natural Resources and Appro-
priations.

By Representative Patchett-
HB 598-A bill to be entitled An act relating to saltwater
fisheries; amending s. 370.08(11) and (12), Florida Statutes,
prohibiting the taking of king mackerel by any means other
than hook and line; providing a penalty; providing an effective
date.
Referred to the Committee on Natural Resources.

By Representative Pajcic--
HB 599-A bill to be entitled An act relating to the dissolu-
tion of marriage; amending s. 61.021, Florida Statutes; re-
quiring that either party establish Florida residency prior to
filing; amending s. 61.052, Florida Statutes; removing mental
incompetency as a ground for dissolution of marriage; amend-
ing s. 61.071, Florida Statutes; providing for temporary alimony
and child support; providing for attorney's fees; amending s.
61.08, Florida Statutes; specifying factors to be considered in
awarding alimony; authorizing requirement of certain insur-
ance; authorizing certain trust accounts; authorizing require-
ment of security for an alimony award; creating s. 61.081,
Florida Statutes; providing definitions; providing for award
of property; specifying factors to be considered in awarding
property; amending s. 61.13(1), (2)(b), Florida Statutes;
authorizing requirement of support for certain dependent chil-
dren; granting standing to grandparents; amending s. 61.14(1),
Florida Statutes; amending venue for modification of alimony,
child support, and child custody; providing for venue preference
for Florida residents; providing for liberal interpretation; pro-
viding severability; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Pajcic-











JOURNAL OF THE HOUSE



By Representatives Davis, Sheldon, and Pajcic-
HB 601-A bill to be entitled An act relating to final process;
creating s. 56.081, Florida Statutes; allowing for debtor's right
to redemption within 90 days of forced sale of homestead
property; creating s. 56.235, Florida Statutes; providing mini-
mum opening bid where homestead property is the subject of
a forced sale; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Brantley-
HB 602-A bill to be entitled An act relating to the state
correctional system; amending s. 944.47(2), Florida Statutes,
altering the penalties with respect to the introduction, removal,
or possession of certain articles within the state correctional
system; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Danson-
HB 603-A bill to be entitled An act relating to health care
professionals; authorizing the Board of Optometry and the
Board of Dentistry, respectively, to issue limited licenses to
optometrists and dentists; providing requirements and fees;
restricting the professional practice by such licensees to em-
ployment by certain agencies located in critical health man-
power shortage areas; providing for supervision of such licen-
sees; providing for revocation of limited licenses; providing
an effective date.
Referred to the Committees on Tourism & Economic Develop-
ment and Appropriations.

By Representative Hagler-
HB 604-A bill to be entitled An act for the relief of The
Bullock Associates; providing an appropriation to compensate
the firm for expenses incurred in the performance of architec-
tural services to the Department of General Services; provid-
ing an effective date.
Referred to the Committee on Judiciary.

By Representatives Foster, Grant, Moffitt, Martinez, Car-
penter, Clements, Sheldon, and Davis-
HB 605-A bill to be entitled An act relating to Hillsborough
County; amending sections 2(1), 3(1), and 8(1)(a) of chapters
76-383, Laws of Florida, as amended by chapter 78-525, Laws
of Florida, and amending sections 3(3), 4(1), 8(7), 8(7)(a),
8(7)(b), 8(7)(b)1., 8(8)(b), 8(9), 8(9)(c), 8(9)(d), and 10(1)
of chapter 76-383, Laws of Florida; providing authority to
regulate the operation of vans on public highways in Hills-
borough County; changing terminology from "permit" to "cer-
tificate" throughout the ordinance; providing maximum capacity
limits for certain vehicles; providing for safety and mechanical
inspection of certain vehicles; deleting the minimum age re-
quirements and standards for taxicabs; providing an effective
date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Batchelor--
HB 606-A bill to be entitled An act relating to lobbyists;
amending s. 11.045, Florida Statutes, defining the terms "execu-
tive lobbying office," "lobbying," and "lobbyist"; providing for
separate registrations for executive and legislative lobbyists;
providing for investigations of complaints with respect to
lobbying before the Governor and the Cabinet or the Florida
Public Service Commission; providing a penalty; providing an
effective date.
Referred to the Committee on Ethics & Elections.

HB 607-Not referred.

By Representative Crady--



HB 608-A bill to be entitled An act relating to police dogs;
creating s. 843.195, Florida Statutes, prohibiting the quaran-



January. 18, 1982



HB 613-A bill to be entitled An act relating to termination
of pregnancy; amending s. 390.001(2), (4), Florida Statutes;
prohibiting termination of pregnancy outside of a licensed hos-
pital after the first trimester; providing for written evidence
of informed consent prior to terminating a pregnancy; specify-
ing persons from whom such consent is required; requiring the
Department of Health and Rehabilitative Services to prepare a
form for physicians to use in obtaining such consent; requiring
the physician to provide certain information; prescribing condi-



SOF REPRESENTATIVES 59

tine of police dogs under certain circumstances; requiring the
accommodation of any law enforcement officer accompanied by
a police dog at public accommodations; providing an effective
date.
Referred to the Committee on Criminal Justice.

By Representatives Watt and Gallagher-

HB 609-A bill to be entitled An act relating to civil actions;
providing legislative intent; providing definitions; providing
for the appointment of a judge pro tempore to try nonjury
civil cases where the parties agree to such a procedure; pro-
viding for reference by direction of the court; providing for
the order of reference, the appointment of judges pro tempore
and the qualifications of judges pro tempore; providing for
the issuance of the judge pro tempore's report, findings of fact
and conclusions of law; providing for judgment; providing for
objections; providing that the record of such proceedings shall
be public; providing an effective date.

Referred to the Committee on Judiciary.

By Representatives Crawford and L. J. Smith--

HB 610-A bill to be entitled An act relating to sentencing
guidelines; creating s. 921.001, Florida Statutes, creating a
Sentencing Commission to develop and evaluate a system of
sentencing guidelines; providing for membership and terms of
office; providing that the Office of the State Courts Admini-
strator shall act as staff for the commission; directing the
commission to develop a sentencing guidelines plan along certain
lines; providing that sentences imposed by trial court judges
must meet certain requirements; requiring the commission to
make a study and report with respect to certain aspects of
sentencing; providing an appropriation; providing an effective
date.

Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Weinstock-

HB 611-A bill to be entitled An act relating to resource
recovery programs; amending ss. 403.705(1), 403.706(1), Florida
Statutes; requiring state and local resource recovery programs
to consider certain population statistics in selecting locations
for resource recovery facilities; providing an effective date.
Referred to the Committee on Natural Resources.

By Representatives Burnsed, C. F. Jones, Crawford, and
Ready-
HB 612-A bill to be entitled An act relating to Polk County;
authorizing the Board of County Commissioners of Polk County
to grant a nonexclusive franchise to any person, municipality,
private corporation, or other entity to construct, maintain,
repair, operate and remove lines, poles and facilities within
the unincorporated areas of Polk County under, on, over, across
and along any county highway, road, easement, or right-of-way,
or other public property of the county for the transmission,
distribution or sale of electricity; providing for the term of
such nonexclusive franchise; providing for the payment of a
fee to Polk County for such right and privilege; providing an
effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Kelly-











60



tions under which a court may authorize the termination of a
pregnancy; authorizing pregnant minors to participate in court
proceedings; providing for confidentiality of certain information
and court proceedings; amending s. 390.002, Florida Statutes;
specifying information to be included in records; providing
deadline for filing copy of record; providing penalties; providing
an effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representative Hagler-

HB 614-A bill to be entitled An act relating to ad valorem
tax assessment; adding subsection (9) to s. 193.011, Florida
Statutes; providing for appraisal of certain property used as
a single-family residence; providing an effective date.

Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Girardeau-

HB 615-A bill to be entitled An act relating to the practice
of acupuncture; amending s. 468.323, Florida Statutes; specify-
ing that certain persons shall be certified to practice without
examination and certain persons shall be qualified to take the
examination; providing that certain Oriental nomenclature be
used in the examination upon request; providing that appren-
ticeship programs may be served in this state or any other
state; providing for review and repeal in accordance with
the Regulatory Sunset Act; providing an effective date.

Referred to the Committee on Tourism & Economic Develop-
ment.

By Representative Myers--

HB 616-A bill to be entitled An act relating to water re-
sources; creating s. 20.262, Florida Statutes, creating a Depart-
ment of Water Resource Management and transferring all
powers, duties and functions relating to water management
vested in the Department of Environmental Regulation to the
Department of Water Resource Management; amending s.
373.016(3), Florida Statutes, providing legislative policy; amend-
ing s. 373.019, Florida Statutes, defining the term "water re-
source management" and redefining the term "department";
amending s. 373.026, Florida Statutes, providing for the general
powers and duties of the Department of Water Resource Man-
agement; directing that changes in terminology in the Florida
Statutes be made; providing an appropriation; providing an
effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Tygart-
HB 617-A bill to be entitled An act relating to the Charter
of the City of Jacksonville; amending sections 17.01 and 17.05
of chapter 67-1320, Laws of Florida, as amended, and adding
section 17.10 thereto; providing that certain candidates for
elective office may qualify and conduct campaigns with specific
reference to political party; providing that electors may vote
without regard to the political party designated in their regis-
tration; specifying that such officers be elected at the primary
or general consolidated government election and eliminating
the second primary election; providing for a referendum.
Referred to the Committee on Community Affairs.

By Representative Tygart--
HB 618-A bill to be entitled An act relating to juveniles;
providing an appropriation for funding existing runaway
centers, new runaway centers, independent living programs
and mid-term residential treatment programs that serve status
offenders; providing an effective date.



Referred to the Select Committee on Juvenile Justice and
the Committee on Appropriations.



January 18, 1982



By Representative Thomas--
HB 619-A bill to be entitled An act relating to saltwater
fisheries; amending s. 370.172(3) (c), Florida Statutes, pro-
hibiting spearfishing within certain areas; providing an effec-
tive date.
Referred to the Committee on Natural Resources.

By Representative Mann-
HB 620-A bill to be entitled An act relating to the State
University System; naming the South Building the W. Thomas
Howard Building; directing the University of South Florida
to erect suitable markers; providing an effective date.
Referred to the Committee on Education, Higher.

By Representative Brodie-
HB 621-A bill to be entitled An act relating to environ-
mental land management; amending s. 380.06(14)(a), Florida
Statutes; revising the date by which a local government must
render a decision on an application for a development of regional
impact; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Reynolds-
HB 622-A bill to be entitled An act relating to insurance;
amending s. 626.989(1), (3), (6), and (8), Florida Statutes;
expanding the jurisdiction of the Division of Insurance Fraud
of the Department of Insurance; extending the immunity from
civil liability for libel to any person who makes a good faith
report to the division; providing that division investigators
shall have the same general arrest powers as law enforcement
officers; authorizing such investigators to carry firearms; pro-
viding a training requirement; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Bell-
HB 623-A bill to be entitled An act relating to the career
service system; amending s. 110.205(2) (p), Florida Statutes,
providing for additional exempt positions; providing an effec-
tive date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By the Committee on Health & Rehabilitative Services-
HB 624-A bill to be entitled An act relating to domestic
relations; repealing ss. 741.051, 741.052, 741.053, 741.054, 741.055,
741.056, 741.057, 741.058, 741.059, 741.0591, 741.0592, and
741.0593, Florida Statutes, relating to serological tests; pro-
viding an effective date.
Placed on the Calendar without reference.

By Representative L. J. Hall-
HB 625-A bill to be entitled An act relating to juries;
amending s. 40.013(2), Florida Statutes; providing an exemp-
tion from jury service for state and United States law enforce-
ment officers; providing an effective date.
Referred to the Committee on Judiciary.

By the Committee on Criminal Justice--
HB 626-A bill to be entitled An act relating to crime pre-
vention and control; establishing a high intensity crime pre-
vention program for Dade, Broward, and Palm Beach Counties;
prescribing units for the program; establishing the duration of
the program; providing an appropriation; providing an effec-
tive date.
Referred to the Committee on Appropriations.

By Representative Meek-



HB 627--A bill to be entitled An act relating to construction
contracts; amending s. 255.05(1), Florida Statutes, providing



JOURNAL OF THE HOUSE OF REPRESENTATIVES










JOURNAL OF THE HOUSE OF REPRESENTATIVES



that certain contracts for $100,000 or less concerning construc-
tion of public property may be awarded without a performance
bond; amending s. 337.14(2), Florida Statutes, eliminating the
requirement of a contract bond with respect to certain con-
tracts let by the Department of Transportation; amending s.
337.18(1), Florida Statutes, eliminating the requirement of a
surety bond with respect to contracts let by the Department
of Transportation with a value of $100,000 or less; providing
an effective date.
Referred to the Committee on Governmental Operations.

By Representative Meek-
HB 628-A bill to be entitled An act relating to agriculture;
creating the "Florida Community Gardening Program of 1982";
providing definitions; providing permit conditions under which
vacant public land may be used for gardening; providing duties
of the Commissioner of Agriculture; providing for indemnity;
providing that counties, municipalities, state agencies, and de-
partments may make public land available; allowing any city
or county to exclude its land from the program; providing con-
ditions for contracts with owners of private land; providing
for rules; providing an effective date.
Referred to the Committees on Agriculture & General Legis-
lation and Appropriations.

Reports of Standing Committees
The Committee on Agriculture & General Legislation recom-
mends the following pass:
HB 75, with amendments
HB 89 HM 264

The Committee on Commerce recommends the following pass:
HB 53 HB 151, with amendments
HB 161

The Committee on Community Affairs recommends the fol-
lowing pass:
HB 172 HB 191, with amendment
HB 107 HB 146
HB 23

The Committee on Criminal Justice recommends the following
pass:
HB 115, with amendment HB 91
HB 168, with amendments HB 92
HB 57, with amendment HB 13
HB 178, with amendment HB 21, with amendment
HB 147 HJR 9
HB 105 HB 60, with amendments
HB 68 HJR 39

The Committee on Education, K-12 recommends the following
pass: HB 47, with amendment HB 81, with amendments

The Committee on Health & Rehabilitative Services recom-
mends the following pass: HM 94

The Select Committee on Health Care Cost Containment &
Planning recommends the following pass:
HB 208, with amendment

The Committee on Judiciary recommends the following pass:
HB 82 HB 62, with amendments
HB 109

The Committee on Retirement, Personnel & Collective Bar-
gaining recommends the following pass: HB 97
The above bills were placed on the calendar.



The Committee on Education, K-12 recommends a committee
substitute for the following: HB 7

The Committee on Health & Rehabilitative Services recom-
mends a committee substitute for the following: HB 14

The Select Committee on Juvenile Justice recommends a com-
mittee substitute for the following: HB 76

The Committee on Tourism & Economic Development recom-
mends a committee substitute for the following:
HB's 28 & 51 HB 332
The above committee substitutes were placed on the calendar
and, under the rule, HB's 34, 103, 170, 7, 14, 76, 28, 51, and 332
were laid on the table.

The Committee on Agriculture & General Legislation recom-
mends the following pass: HB 242, with amendments

The Committee on Commerce recommends the following pass:
HB 180

The Committee on Community Affairs recommends the fol-
lowing pass: HB 117, with amendments

The Committee on Criminal Justice recommends the following
pass: HB 27, with amendments HB 56

The Committee on Education, K-12 recommends the following
pass: HB 108

The Committee on Health & Rehabilitative Services recom-
mends the following pass: HB 6

The Committee on Judiciary recommends the following pass:
HB 37, with amendments

The Committee on Retirement, Personnel & Collective Bar-
gaining recommends the following pass: HB 173

The Committee on Tourism & Economic Development recom-
mends the following pass:
HB 285 HB 371, with amendments
The above bills were referred to the Committee on Appro-
priations.

The Committee on Corrections, Probation & Parole recom-
mends a committee substitute for the following: HB 120

The Committee on Education, K-12 recommends a committee
substitute for the following: HB 77

The Committee on Health & Rehabilitative Services recom-
mends a committee substitute for the following: HB 80

The Committee on Veterans Affairs recommends a committee
substitute for the following: HB 50
The above committee substitutes were referred to the Com-
mittee on Appropriations and, under the rule, HB's 120, 77, 80,
and 50 were laid on the table.

The Committee on Community Affairs recommends the fol-
lowing pass:
HB 73, with amendments HB 177, with amendment
HB 225



The Committee on Tourism & Economic Development recom-
mends the following pass: HB 29, with amendment



The Committee on Criminal Justice recommends a committee
substitute for the following: HB 34 HB 103 HB 170



61



January 18, 1982











JOURNAL OF THE HOUSE OF REPRESENTATIVES



The Committee on Veterans Affairs recommends the following
pass: HB 11
The above bills were referred to the Committee on Finance
& Taxation.

The Committee on Regulatory Reform recommends a com-
mittee substitute for the following: HB 54
The above committee substitute was referred to the Committee
on Education, K-12 and, under the rule, HB 54 was laid on the
table.

The Committee on Community Affairs recommends the fol-
lowing pass: HB 69
The above bill was referred to the Committee on Transporta-
tion.

The Committee on Commerce recommends the following not
pass:. IHB 26 HB 78

The Committee on Community Affairs recommends the fol-
lowing not pass: HB 247

The Committee on Judiciary recommends the following not
pass: HB 12
The above bills were laid on the table under the rule.

Recessed

Pursuant to the motion previously agreed to, the House
recessed at 11:48 a.m., to reconvene at 10:22 a.m. tomorrow.

STANDING COMMITTEES
[Democrats in Roman; Republicans in Italic]
AGRICULTURE & GENERAL LEGISLATION (Group I)
Gene Hodges (Chairman), Sam Mitchell (Vice Chairman),
Bobby Brantley, George A. Crady, James S. Foster, Arnett E.
Girardeau, Bob Hattaway, William Ray Hodges, Wayne Hol-
lingsworth, Andrew E. Johnson, Everett A. Kelly, Scott W.
McPherson, Tom McPherson, Frank S. Messersmith, Lawrence
F. Shackelford, Charles R. Smith, Daniel Webster

Subcommittees
Agriculture & General Legislation
Hollingsworth (Chairman), Crady, Hattaway, W. R.
"Hodges, Kelly, T. McPherson, C. R. Smith, Mitchell (ex
officio)
Citrus
Foster (Chairman), Brantley, Girardeau, A. E. Johnson,
S. McPherson, Messersmith, Shackelford, Webster, Mitchell
(ex officio)
Oversight
G. Hodges (Chairman), Carpenter (Vice Chairman), D. L.

APPROPRIATIONS (Group V)
Herbert F. Morgan (Chairman), Fran Carlton (Vice Chair-
man), Dick J. Batchelor, Samuel P. Bell, III, Beverly B. Burn-
sed, Frederic H. Burrall, Carl Carpenter, Jr., Richard Crotty,
Betty Easley, Roberta Fox, C. Thomas Gallagher, III, Winston
"W. Gardner, Jr., Elaine Gordon, Tom Gustafson, Clyde H.
Hagler, Bob Hattaway, Thomas L. Hazouri, Gene Hodges, C.
Fred Jones, Barry Kutun, Frederick Lippman, Franklin B.
Mann, Sidney Martin, Jon L. Mills, H. Lee Moffitt, Steve
Pajcic, William E. Sadowski, George H. Sheldon, James Harold
Thompson, Frederick B. Tygart, Hamilton D. Upchurch, James
G. Ward, Eleanor Weinstock, Walter C. Young
Subcommittees



I HRS/Criminal Justice
Mills (Chairman), Batchelor, Burnsed, Burrall, Fox, Gordon,
Lippman, Sheldon, Tygart, Upchurch, Ward



II General Government
Gardner (Chairman), Carlton, Crotty, Gallagher, Hatta-
way, Hazouri, G. Hodges, Kutun, Moffitt, Thompson, Wein-
stock
III Education/Transportation
Mann (Chairman), Bell, Carpenter, Easley, Gustafson,
Hagler, C. F. Jones, Martin, Pajcic, Sadowski, Young
State Employee Benefits (Select)
Carlton (Chairman), Gallagher, Gardner, Hazouri, Mann,
Mills, Morgan

COMMERCE (Group III)
John W. Lewis, III (Chairman), Gene Ready (Vice Chair-
man), William G. Bankhead, Kenneth E. Boles, Beverly B.
Burnsed, Fran Carlton, Robert B. Crawford, Ted Ewing,
Roberta Fox, C. Thomas Gallagher, III, Christian Meffert, Jon
L. Mills, Herbert F. Morgan, Carl Ogden, Thomas R. Patterson,
John Thomas, James Harold Thompson
Subcommittees
Subcommittee I
Gallagher (Chairman), Carlton, Crawford, Mills, Morgan,
Thomas
Subcommittee II
Meffert (Chairman), Bankhead, Boles, Burnsed, Ewing,
Fox, Thompson
Oversight
Lewis (Chairman), Bankhead, Fox, Gallagher, Meffert

COMMUNITY AFFAIRS (Group I)
Harold J. Dyer (Chairman), Don C. Price (Vice Chairman),
Joseph B. Allen, Jr., Tom C. Brown, John F. Cosgrove, Timothy
D. Deratany, Ted Ewing, Thomas L. Hazouri, George F. Hieber,
II, C. Fred Jones, Sidney Martin, Carrie P. Meek, William G.
Myers, Gene Ready, Harold W. Spaet, James L. Watt
Subcommittees
Housing & Community Development
Ready (Chairman), Allen, Brown, Deratany, Meek, Spaet,
Watt
Local Government Review
Price (Chairman), Cosgrove, Ewing, Hazouri, Hieber, C. F.
Jones, Martin, Myers
Oversight
Price (Chairman), Brown, Martin, Myers, Watt

CORRECTIONS, PROBATION & PAROLE (Group III)
James G. Ward (Chairman), Ray Liberti (Vice Chairman),
Bobby Brantley, Thomas J. Bush, George A. Crady, A. M.
Fontana, Elvin L. Martinez, William G. Myers, Hugh Paul
Nuckolls, Robert R. Reynolds, Hamilton D. Upchurch, Robert
M. Woodburn
Subcommittees
Corrections
Liberti (Chairman), Brantley, Bush, Fontana, Reynolds,
Woodburn
Oversight
Liberti (Chairman), Brantley, Martinez, Ward
Parole & Probation
Crady (Chairman), Martinez, Myers, Nuckolls, Upchurch

CRIMINAL JUSTICE (Group I)
Lawrence J. Smith (Chairman), Robert R. Reynolds (Vice
Chairman), S. L. Clements, Jr., Richard Crotty, A. M. Fontana,
Charles A. Hall, Joe Lang Kershaw, Dexter W. Lehtinen, Elvin
L. Martinez, Bruce McEwan, James Harrison Smith, Jr., Fred-
erick B. Tygart, Robert M. Woodburn
Subcommittees



I Criminal Code
Martinez (Chairman), Crotty, C. A. Hall, Kershaw, Lehti-
nen, Tygart, L. J. Smith (ex officio)



62



January 18, 1982











JOURNAL OF THE HOUSE OF REPRESENTATIVES



II Law Enforcement, Drugs & Miscellaneous
Fontana (Chairman), Clements, McEwan, Reynolds, J. H.
Smith, Woodburn, L. J. Smith (ex officio)
III Mentally Disordered Sex Offenders
Reynolds (Chairman), Crotty, C. A. Hall, Lehtinen, Marti-
nez, Tygart, L. J. Smith (ex officio)
Oversight
Reynolds (Chairman), Clements, Lehtinen, McEwan

EDUCATION, HIGHER (Group III)
Carl Carpenter, Jr. (Chairman), Carrie P. Meek (Vice Chair-
man), Samuel P. Bell, III, John F. Cosgrove, Richard Crotty,
Arnett E. Girardeau, Charles A. Hall, Lawrence R. Hawkins,
Dennis L. Jones, Frederick Lippman, Franklin B. Mann, Bruce
McEwan, Don C. Price
Subcommittees
Administration & Management
Mann (Chairman), Bell, C. A. Hall, D. L. Jones, Lippman,
Price
Oversight
Bell (Chairman), Crotty, C. A. Hall, Lippman, Meek, Price
Planning & Programs
Meek (Chairman), Cosgrove, Crotty, Girardeau, L. R. Haw-
kins, McEwan
EDUCATION, K-12 (Group III)
Walter C. Young (Chairman), Leonard J. Hall (Vice Chair-
man), James K. Brodie, Tom C. Brown, Betty Easley, Michael
Friedman, Winston W. Gardner, Jr., Richard S. Hodes, Bernard
Kimmel, Dexter W. Lehtinen, Robert E. Melby, Charles L. Ner-
gard, John Plummer, Virginia L. Rosen, Charles R. Smith
Subcommittees
General Education Legislation
L. J. Hall (Chairman), Brodie, Hodes, Lehtinen, Melby,
Nergard, Rosen
Oversight
Brown (Chairman), Friedman, Lehtinen, Nergard
Statutory Oversight
Gardner (Chairman), Brown, Easley, Friedman, Kimmel,
J. Plummer, C. R. Smith

ENERGY (Group II)
Dick J. Batchelor (Chairman), Andrew E. Johnson (Vice
Chairman), Samuel P. Bell, III, Bobby Brantley, Carl Carpenter,
Jr., A. M. Fontana, Charles A. Hall, C. Fred Jones, Scott W.
McPherson, Reid Moore, Jr., Gene Ready, Lawrence F. Shackel-
ford, James Harrison Smith, Jr., Daniel Webster
Subcommittees
Oversight
C. A. Hall (Chairman), Batchelor (ex officio), A. E. John-
son, Moore, J. H. Smith

ETHICS & ELECTIONS (Group III)
Sidney Martin (Chairman), Bolley L. Johnson (Vice Chair-
man), Joseph B. Alien, Jr., Mary Ellen Hawkins, Thomas L.
Hazouri, George F. Hieber, II, Wayne Hollingsworth, Everett
A. Kelly, Joe Lang Kershaw, Sam Mitchell, R. Dale Patchett,
Lawrence H. Plummer, Lawrence J. Smith, James L. Watt,
Frank Williams
Subcommittees
Oversight
Mitchell (Chairman), Allen, Hollingsworth, Kelly, Kershaw,
Patchett, Williams

FINANCE & TAXATION (Group II)



B. Drage, Jr., Harold J. Dyer, Betty Easley, Roberta Fox,
Michael Friedman, Bob Hattaway, Mary Ellen Hawkins, Rich-
ard S. Hodes, William Ray Hodges, Christian Meffert, H. Lee
Moffitt, Carl Ogden, R. Dale Patchett, Thomas R. Patterson,
Don C. Price, Grover C. Robinson, III, James L. Watt, T. K.
Wetherell
Subcommittees
Ad Valorem Tax & Local Government
Allen (Chairman), Dyer, Friedman, M. E. Hawkins, Hodes,
Moffitt, Ogden, Patchett
Financial Institutions (and Oversight)
Easley (Chairman), Crawford, Fox, Hattaway, Meffert,
Robinson, Wetherell
Sales Tax & General Legislation
Patterson (Chairman), Cox, Drage, W. R. Hodges, Price,
Watt, Williams

GOVERNMENTAL OPERATIONS (Group III)
George H. Sheldon (Chairman), Eleanor Weinstock (Vice
Chairman), Dick J. Batchelor, S. L. Clements, Jr., Timothy D.
Deratany, Peter M. Dunbar, Harold J. Dyer, Clyde H. Hagler,
William Ray Hodges, Ronald Clyde Johnson, C. Fred Jones,
Frank S. Messersmith, Reid Moore, Jr., Terence T. O'Malley,
Grover C. Robinson, III, Lawrence F. Shackelford, Daniel Web-
ster, T. K. Wetherell
Subcommittees
Efficiency & Effectiveness in Government
Hagler (Chairman), Clements, Dyer, W. R. Hodges, Messer-
smith, Moore, Robinson, Wetherell
Oversight
Wetherell (Chairman), Batchelor, Clements, Deratany, R. C.
Johnson
Policy Review
Dunbar (Chairman), Batchelor, Deratany, R. C. Johnson,
C. F. Jones, O'Malley, Shackelford, Webster, Weinstock
Federal/State Relations (ad hoc)
Weinstock (Chairman), Batchelor, Dyer, Moore, Wetherell
Motor Carrier Deregulation (ad hoc)
R. C. Johnson (Chairman), Batchelor, Dunbar, C. F. Jones,
Wetherell

HEALTH & REHABILITATIVE SERVICES (Group II)
Beverly B. Burnsed (Chairman), Everett A. Kelly (Vice
Chairman), William G. Bankhead, Fran Carlton, Helen Gordon
Davis, James S. Foster, Winston W. Gardner, Jr., Elaine Gordon,
Leonard J. Hall, Bolley L. Johnson, Ronald Clyde Johnson,
Dennis L. Jones, David J. Lehman, Frederick Lippman, Carrie
P. Meek, Jon L. Mills, William G. Myers, John Plummer, Vir-
ginia L. Rosen, Harold W. Spaet, Eleanor Weinstock, Robert
M. Woodburn, Tom M. Woodruff
Subcommittees
Health & Economic Services
Gordon (Chairman), Carlton, Foster, Gardner, L. J. Hall,
D. L. Jones, Lippman, Myers, Rosen, Woodburn, Woodruff
Oversight
Burnsed (Chairman), Gordon, D. L. Jones, Kelly
Social & Rehabilitative Services
Kelly (Chairman), Bankhead, Davis, B. L. Johnson, R. C.
Johnson, Lehman, Meek, Mills, J. Plummer, Spaet, Wein-
stock

HEALTH CARE COST CONTAINMENT &
PLANNING (Select) (Group IV)
Frederick Lippman (Chairman), Joe Lang Kershaw (Vice
Chairman), Dick J. Batchelor, Kenneth E. Boles, John F. Cos-
grove, George A. Crady, Marilyn Evans-Jones, Michael Fried-
man, Leonard J. Hall, Mary Ellen Hawkins, Bernard Kimmel,
Franklin B. Mann, Grover C. Robinson, III, James Harrison
Smith, Jr.
Subcommittees



Steve Pajcic (Chairman), Frank Williams (Vice Chairman),
Joseph B. Allen, Jr., Linda C. Cox, Robert B. Crawford, Thomas



January 18, 1982



Oversight
'Batchelor (Chairman), Evans-Jones, Kimmel, Robinson











64 JOURNAL OF THE HOUSE

HOUSE ADMINISTRATION
A. M. Fontana (Chairman); Lawrence F. Shackelford (Chair-
man effective 1/27/82), Peter M. Dunbar, Ray Liberti

INSURANCE (Group II)
Tom Gustafson (Chairman), Terence T. O'Malley (Vice Chair-
man), Samuel P. Bell, III, C. Thomas Gallagher, III, John A.
Grant, Jr., Dexter W. Lehtinen, John W. Lewis, III, Elvin L.
Martinez, Bruce McEwan, H. Lee Moffitt, Don C. Price, Wil-
liam E. Sadowski, George H. Sheldon, Ronald A. Silver, Law-
rence J. Smith, Frederick B. Tygart, Hamilton D. Upchurch
Subcommittees
I Life & Health Insurance
Grant (Chairman), Bell, Gallagher, Lehtinen, Silver
II Property & Casualty Insurance
Upchurch (Chairman), Lewis, Martinez, Moffitt, L. J.
Smith, Tygart
III Oversight & Workers' Compensation
Sadowski (Chairman), McEwan, O'Malley, Price, Sheldon
Early Sunset (ad hoc)
Lehtinen (Chairman), Bell, O'Malley, Sheldon, Tygart

JUDICIARY (Group IV)
Hamilton D. Upchurch (Chairman), John Thomas (Vice
Chairman), Thomas J. Bush, Helen Gordon Davis, Thomas B.
Drage, Jr., Elvin L. Martinez, Reid Moore, Jr., Terence T.
O'Malley, Ronald R. Richmond, George H. Sheldon, Ronald A.
Silver, Lawrence J. Smith
Subcommittees
I Court Systems & Miscellaneous
Martinez (Chairman), Bush, Davis, Moore, Sheldon, L. J.
Smith, Upchurch (ex officio)
II Consumer, Probate & Family Law
Richmond (Chairman), Drage, O'Malley, Silver, Thomas,
Upchurch (ex officio)
Oversight
Silver (Chairman), Drage, Thomas
Claims will be heard by the full committee.

JUVENILE JUSTICE (Select) (Group I)
Ronald A. Silver (Chairman), David J. Lehman (Vice Chair-
man), Beverly B. Burnsed, Thomas J. Bush, Thomas B. Drage,
Jr., Betty Easley, Bernard Kimmel, Franklin B. Mann, Chris-
tian Meffert, Hugh Paul Nuckolls, Carl Ogden, Ronald R. Rich-
mond, James Harold Thompson, Hamilton D. Upchurch, Walter
C. Young
Subcommittees
Oversight
Meffert (Chairman), Drage, Kimmel, Silver (ex officio)

MINING & RECLAMATION (Select) (Group IV)
Lawrence F. Shackelford (Chairman), Ronald Clyde Johnson
(Vice Chairman), Harold J. Dyer, Betty Easley, John A. Grant,
Jr., Gene Hodges, William Ray Hodges, Dennis L. Jones, Dexter
W. Lehtinen, Steve Pajcic, R. Dale Patchett, Gene Ready,
Charles R. Smith
Subcommittees
Oversight
C. R. Smith (Chairman), Grant, Lehtinen
Severance Tax
Easley (Chairman), G. Hodges, R. C. Johnson, Lehtinen,
Patchett



NATURAL RESOURCES (Group II)
James Harold Thompson (Chairman), Charles R. Smith (Vice
Chairman), Joseph B. Allen, Jr., Kenneth E. Boles, James K.



i



E OF REPRESENTATIVES January 18, 1982

Brodie, Tom C. Brown, Frederic H. Burrall, S. L. Clements, Jr.,
Peter M. Dunbar, Marilyn Evans-Jones, Gene Hodges, Wayne
Hollingsworth, Sidney Martin, Tom McPherson, Sam Mitchell,
Herbert F. Morgan, John Thomas, James G. Ward
Subcommittees
Environmental Permitting & Protection
T. McPherson (Chairman), Boles, Brodie, Brown, Thomas
Land & Water Resources
C. R. Smith (Chairman), Allen, Dunbar, Martin, Morgan,
Ward
Living Resource Management
G. Hodges (Chairman), Burrall, Clements, Evans-Jones,
Hollingsworth, Mitchell
Oversight
C. R. Smith (Chairman), Brown, Dunbar, G. Hodges, T.
McPherson

REAPPORTIONMENT (Select) (Group VI)
H. Lee Moffitt (Chairman), Lawrence H. Plummer (Vice
Chairman), Samuel P. Bell, III, Bobby Brantley, Fran Carlton,
Robert B. Crawford, Peter M. Dunbar, C. Thomas Gallagher,
III, Winston W. Gardner, Jr., Tom Gustafson, Mary Ellen
Hawkins, Gene Hodges, Barry Kutun, Ray Liberti, Franklin B.
Mann, Carrie P. Meek, Jon L. Mills, Herbert F. Morgan, Steve
Pajcic, R. Dale Patchett, James Harold Thompson, James G.
Ward, James L. Watt, Daniel Webster
Subcommittees
Criteria & Rules
Bell (Chairman), Carlton, Dunbar, Gustafson, Kutun, Mor-
gan, Watt
State Legislative Reapportionment
Moffitt (Chairman), Pajcic (Vice Chairman), Carlton,
Crawford, M. E. Hawkins, Kutun, Liberti, Mann, Meek,
Morgan, Patchett, Ward, Watt
Congressional Redistricting
Bell (Chairman), L. H. Plummer (Vice Chairman), Brant-
ley, Dunbar, Gallagher, Gardner, Gustafson, G. Hodges,
Mills, Thompson, Webster

REGULATED INDUSTRIES & LICENSING (Group IV)
Carl Ogden (Chairman), Linda C. Cox (Vice Chairman),
Beverly B. Burnsed, Frederic H. Burrall, Carl Carpenter, Jr.,
Peter M. Dunbar, A. M. Fontana, Roberta Fox, Winston W.
Gardner, Jr., Elaine Gordon, Jon L. Mills, Thomas R. Patter-
son, Don C. Price, Robert R. Reynolds, Ronald R. Richmond,
William E. Sadowski, Harold W. Spaet, Frederick B. Tygart,
T. K. Wetherell
Subcommittees
Alcoholic Beverages & Tobacco
Richmond (Chairman), Burnsed, Burrall, Carpenter, Gor-
don, Patterson
Oversight
Cox (Chairman), Mills, Sadowski, Spaet, Wetherell, Fox,
Richmond (ex officio)
Pari-mutuel
Fox (Chairman), Dunbar, Fontana, Gardner, Price, Rey-
nolds, Tygart

REGULATORY REFORM (Group III)
William E. Sadowski (Chairman), Helen Gordon Davis (Vice
Chairman), Frederic H. Burrall, Linda C. Cox, Thomas E. Dan-
son, Jr., Elaine Gordon, Gene Hodges, David J. Lehman, Tom
McPherson, Steve Pajcic, Dorothy Eaton Sample, Ronald A.
Silver, Harold W. Spaet, Tom M. Woodruff
Subcommittees



Subcommittee I
Cox (Chairperson), Davis, T. McPherson, Sample, Silver
Subcommittee II
Gordon (Chairperson), Burrall, Danson, Davis, Pajcic











JOURNAL OF THE HOUSE



Subcommittee III
Spaet (Chairperson), Burrall, G. Hodges, Lehman, Wood-
ruff

RETIREMENT, PERSONNEL & COLLECTIVE BARGAINING
(Group IV)
Thomas L. Hazouri (Chairman), Virginia L. Rosen (Vice
Chairman), Robert B. Crawford, Thomas E. Danson, Jr., Tim-
othy D. Deratany, C. Thomas Gallagher, III, Arnett E. Girar-
deau, Charles A. Hall, Lawrence R. Hawkins, Richard S. Hodes,
Sidney Martin, Robert E. Melby, Charles L. Nergard, Dorothy
Eaton Sample, Frank Williams, Walter C. Young
Subcommittees
Oversight
Rosen (Chairman), Gallagher, Girardeau, C. A. Hall
Personnel & Collective Bargaining
Rosen (Chairman), Crawford, Deratany, Girardeau, C. A.
Hall, L. R. Hawkins, Melby, Reynolds
Retirement
Danson (Chairman), Gallagher, Hodes, Martin, Nergard,
Sample, Williams, Young

RULES & CALENDAR
Samuel P. Bell, III (Chairman), James S. Foster (Vice Chair-
man), Dick J. Batchelor, Kenneth E. Boles, Beverly B. Burn-
sed, Frederic H. Burrall, Carl Carpenter, Jr., Robert B. Craw-
ford, Harold J. Dyer, A. M. Fontana, C. Thomas Gallagher, III,
Tom Gustafson, Mary Ellen Hawkins, Thomas L. Hazouri, Rich-
hard S. Hodes, Gene Hodges, Wayne Hollingsworth, C. Fred
Jones, S. Curtis Kiser, Barry Kutun, John W. Lewis, III, Sidney
Martin, H. Lee Moffitt, Herbert F. Morgan, Hugh Paul Nuckolls,
Carl Ogden, Steve Pajcic, Ronald R. Richmond, William E. Sa-
dowski, George H. Sheldon, Lawrence J. Smith, James Harold
Thompson, Hamilton D. Upchurch, James G. Ward, Walter C.
Young

TOURISM & ECONOMIC DEVELOPMENT (Group I)
Robert B. Crawford (Chairman), Grover C. Robinson, III (Vice
Chairman), William G. Bankhead, Fran Carlton, Thomas E.
Danson, Jr., Marilyn Evans-Jones, Michael Friedman, Winston
W. Gardner, Jr., John A. Grant, Jr., Tom Gustafson, Bolley L.
Johnson, John W. Lewis, III, Jon L. Mills, Thomas R. Patter-
son, Lawrence H. Plummer, Jason Steele, James G. Ward, Frank
Williams
Subcommittees
DPR (Department of Professional Regulation)
B. L. Johnson (Chairman), Danson, Gustafson, Patterson,
Williams



January 18, 1982



OF REPRESENTATIVES 65,

DPR Oversight
B. L. Johnson (Chairman), Danson, Gardner, Williams
Economic Development
Robinson (Chairman), Bankhead, Friedman, Lewis, Mills,
Steele, Ward
Small Business
Patterson (Chairman), Danson, B. L. Johnson, Lewis, L.
H. Plummer, Ward
Tourism
Carlton (Chairman), Evans-Jones, Gardner, Grant, L. H.
Plummer, Steele, Ward

TRANSPORTATION (Group IV)
C. Fred Jones (Chairman), Clyde H. Hagler (Vice Chair-
man), S. L. Clements, Jr., Ted Ewing, A. M. Fontana, James S.
Foster, Tom Gustafson, Bob Hattaway, Wayne Hollingsworth,
Andrew E. Johnson, Everett A. Kelly, Ray Liberti, Scott W. Mc-
Pherson, Tom McPherson, Hugh Paul Nuckolls, Lawrence H.
Plummer, Jason Steele, Tom M. Woodruff
Subcommittees
Subcommittee I
Foster (Chairman), Clements, Fontana, Hagler, Hattaway,
Hollingsworth, Kelly, S. McPherson, Steele
Subcommittee II
Nuckolls (Chairman), Ewing, Gustafson, A. E. Johnson, Li-
berti, T. McPherson, L. H. Plummer, Woodruff
Oversight
C. F. Jones (Chairman), Clements, Foster, Hagler,
Nuckolls, Woodruff

VETERANS AFFAIRS (Group I)
Kenneth E. Boles (Chairman), Lawrence R. Hawkins (Vice
Chairman), James K. Brodie, James S. Foster, Leonard J. Hall,
Ronald Clyde Johnson, Charles L. Nergard, John Plummer,
Dorothy Eaton Sample, Eleanor Weinstock
Subcommittees
Subcommittee I
L. R. Hawkins (Chairman), L. J. Hall, Nergard, J. Plum-
mer, Sample, Boles (ex officio)
Subcommittee II
R. C. Johnson (Chairman), Brodie, Foster, J. Plummer,
Weinstock, Boles (ex officio)
Oversight
R. C. Johnson (Chairman), Brodie, L. J. Hall, L. R. Haw-
kins, Nergard











JOURNAL OF THE HOUSE OF REPRESENTATIVES



January 18, 1982



SCHEDULE OF COMMITTEE MEETINGS



Pursuant to Rule 6.6, the Speaker has reserved the following days and hours for
calendar days of the session:



committee meetings during the first 20



GROUP I
Agriculture & General Legislation
Community Affairs
Criminal Justice
Juvenile Justice (Select)
Tourism & Economic Development
Veterans Affairs



MEETING DAYS AND TIME
Monday 1:30 p.m.-4:15 p.m.
Monday 1:30 p.m.-4:15 p.m.
Monday 1:30 p.m.-4:15 p.m.
Monday 1:30 p.m.-4:15 p.m.
Monday 1:30 p.m.-4:15 p.m.
Monday 1:30 p.m.-4:15 p.m.



ROOM NUMBER
212 HOB
314 HOB
317 C
214 C
Morris Hall
317 HOB



GROUP II
Energy Tuesday 1:30 p.m.-4:15 p.m. 317 C
Finance & Taxation Tuesday 1:30 p.m.-4:15 p.m. Morris Hall
Health & Rehabilitative Services Tuesday 1:30 p.m.-4:15 p.m. 214 C
Insurance Tuesday 1:30 p.m.-4:15 p.m. 413 C
Natural Resources Tuesday 1:30 p.m.-4:15 p.m. 212 HOB

GROUP III
Commerce Wednesday 9:15 a.m.-12:00 noon 317 C
Corrections, Probation & Parole Wednesday 9:15 a.m.-12:00 noon 24 HOB
Education, Higher Wednesday 9:15 a.m.-12:00 noon 314 HOB
Education, K-12 Wednesday 9:15 a.m.-12:00 noon 214 C
Ethics & Elections Wednesday 9:15 a.m.-12:00 noon 212 HOB
Governmental Operations Wednesday 9:15 a.m.-12:00 noon Morris Hall
Regulatory Reform Wednesday 9:15 a.m.-12:00 noon 413 C

GROUP IV
Health Care Cost Containment Wednesday 1:30 p.m.-4:15 p.m. 24 HOB
& Planning (Select)
Judiciary Wednesday 1:30 p.m.-4:15 p.m. 212 HOB
Mining & Reclamation (Select) Wednesday 1:30 p.m.-4:15 p.m. 214 C
Regulated Industries & Licensing Wednesday 1:30 p.m.-4:15 p.m. Morris Hall
Retirement, Personnel & Collective Bargaining Wednesday 1:30 p.m.-4:15 p.m. 317 C
Transportation Wednesday 1:30 p.m.-4:15 p.m. 413 C

GROUP V
Appropriations Monday 8:00 a.m.-10:30 a.m. Morris Hall (on a timely
4:15 p.m.-10:00 p.m. basis)
Tuesday 8:00 a.m.-9:15 a.m.
4:15 p.m.-10:00 p.m.
Wednesday 8:00 a.m.-9:15 a.m.
4:15 p.m.-10:00 p.m.
Thursday 8:00 a.m.-9:15 a.m.
4:15 p.m.-10:00 p.m.
Friday 8:00 a.m.-12:00 noon
1:30 p.m.-10:00 p.m.

GROUP VI
Reapportionment Monday 8:00 a.m.-10:30 a.m. Morris Hall (on a timely
4:15 p.m.-10:00 p.m. basis)
Tuesday 4:15 p.m.-10:00 p.m.
Wednesday 8:00 a.m.-9:15 a.m.
4:15 p.m.-10:00 p.m.
Thursday 8:00 a.m.-9:15 a.m.
1:30 p.m.-10:00 p.m.
Friday 8:00 a.m.-12:00 noon
1:30 p.m.-10:00 p.m.
Rules & Calendar Upon adjournment or call of the Chairman 413 C



66

















le Journal O THE


iouse of I1epresejetatives



Number 2



Tuesday, January 19, 1982



The House was called to order by the Speaker at 10:22 a.m. sideration of the House the following vetoed bills, 1981 Regular
The following Members were recorded present: Session, with the Governor's objections attached thereto:



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.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kimmel
Kiser
Kutun



Lehman Price
Lehtinen Ready
Lewis Reynolds
Liberti Richmond
Lippman Robinson
Mann Rosen
Martin Sadowski
Martinez Sample
McEwan Shackelford
McPherson, S. Sheldon
McPherson, T. Silver
Meek Smith, C. R.
Meffert Smith, J. H.
Melby Smith, L. J.
Messersmith Spaet
Mills Steele
Mitchell Thomas
Moffitt Thompson
Moore Tygart
Morgan Upchurch
Myers Ward
Nergard Watt
Nuckolls Webster
Ogden Weinstock
O'Malley Wetherell
Pajcic Williams
Patchett Woodburn
Patterson Woodruff
Plummer, J. Young
Plummer, L. H.



Excused: Representative R. C. Johnson.
A quorum was present.

Prayer
Prayer was offered by the Reverend S. S. Robinson of
Simpson Methodist Church, Jacksonville, Florida.

Pledge
The Members pledged allegiance to the Flag.

House Physician
The Speaker introduced Dr. James A. Davenport, of Talla-
hassee, who was serving in the Clinic today.

The Journal
The Journal of January 18 was approved as corrected.

Communications
Vetoed Bills



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



January 18, 1982



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-



HB 166 Relating to hospitals
HB 193 Relating to the State Uniform Traffic Control Law
HB 423 Relating to the City of Gainesville
CS/HB 456 Relating to public education
HB 517 Relating to Orange County
HB 633 Relating to Palm Beach County
HB 651 Relating to Brevard County
CS/CS/HB 687 Relating to real estate
CS/HB 747 Relating to cancer therapeutic research
HB 997 Relating to Pinellas County
HB 1176 Relating to Martin County
HB 1214 Relating to the severance tax
Sincerely,
GEORGE FIRESTONE
Secretary of State



July 8, 1981



Honorable George Firestone
Secretary of State



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



A digest of today's Chamber action appears on last page



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 166 enacted
by the Seventh Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Regular Session of 1981 and
entitled:
An Act relating to public health; creating s. 381.4985, Flor-
ida Statutes, providing that certain counties which have no
hospitals shall be issued certificates of need under certain
circumstances; providing an effective date.
House Bill 166 requires the Department of Health and Reha-
bilitative Services to issue a Certificate of Need (CON) to any
county which does not have a hospital and which has a popula-
tion of 20,000 people or more. Only Sumter County fits this
description.
This legislation sets a dangerous legislative precedent by
permitting a single county to be exempt from State regulatory
requirements. This would be contrary to the principles of
regional planning for health care facilities which has as its
objective the moderation of health care costs. The bill would
also temporarily place the State of Florida out of compliance
with Federal law.
The State does have a responsibility to ensure that all of
our citizens have access to quality medical care. Concerns have
been raised surrounding the role of the State's Certificate of
Need requirements in appropriately carrying out this responsi-
bility. On June 23 I signed into law SB 459 which establishes
a 19 member Task Force to develop a statewide expedited
certificate of need review process. That body, which will in-
clude consumers, purchasers, and providers of health services,
is charged with reporting its recommendations to the Legisla-
ture by January 15, 1982. This Task Force should provide an
excellent forum for a full discussion of these issues. The rec-
ommendations of that group will hopefully provide us with a
framework within which necessary modifications can be made
that respond to broader issues of cost containment and the
particular needs of rural and underserved populations for access
to health care.
57



_ __











68



JOURNAL OF THE HOUSE OF REPRESENTATIVES



For these reasons, I am withholding my approval of House
Bill 166 enacted by the Seventh Legislature of Florida under
the Florida Constitution, 1968 Revision, during the Regular
Session of 1981, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1981 Regular Session), to-
gether with the Governor's objections thereto, was referred to
the Committee on Rules & Calendar.

Honorable George Firestone June 25, 1981
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 Committee Substitute for
House Bill 193, enacted by the Seventh Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regu-
lar Session of 1981, and entitled:
An act relating to State uniform traffic control; amending
s. 316.027, Florida Statutes; increasing criminal penalties for
certain such offenses; amending s. 316.1905(1) and (3)(a) to
add "radar" as defined elsewhere and to require accuracy of
such devices within plus or minus one mile per hour accord-
ing to methods and procedures adopted by the Department
of Highway Safety and Motor Vehicles; amending s. 316.-
1935(1), Florida Statutes, providing a third degree felony
penalty for persons convicted of unlawfully fleeing or eluding
a police officer while operating a motor vehicle; providing
an effective date.
The bill amends Section 316.1905(1), Florida Statutes to pro-
vide that devices used by law enforcement officers to determine
the speed of motor vehicles must operate accurately within
plus or minus one mile per hour. Further, the bill increases the
penalty for a motor vehicle driver's attempt to elude a police
officer to a third degree felony.
The effect of the proposed amendment to Section 316.1905(1),
Florida Statutes, would specify that the accuracy of electronic,
electrical, mechanical, radar, or other speed measuring devices
must be within plus or minus one mile per hour. This require-
ment, although well intended, was meant to apply only to
radar, but the language of the bill would make it apply to all
devices. It would not be possible to certify speedometers on
law enforcement vehicles to this degree of accuracy. Therefore,
citations issued for speeding violations where the enforcement
agency clocks the alleged violator using a speedometer would
be subject to challenge and dismissal by the courts because
of the requirements of this section. I do not believe we could
tolerate this greatly reduced speed enforcement by our law
enforcement officers.
For the above reasons, I am hereby withholding by approval
of Committee Substitute for House Bill 193, Regular Session
of the Legislature, commencing on April 7, 1981, and do hereby
veto same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1981 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.



Honorable George Firestone
Secretary of State



July 1, 1981



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 423 enacted by
the Seventh Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Regular Session of 1981,
and entitled:
An act relating to the City of Gainesville; providing that
certain requirements of s. 163.367(2), Florida Statutes, re-



January 19, 1982



lating to conflict of interest, shall not apply in the event
that a community redevelopment agency is established pur-
suant to part III of Chapter 163, Florida Statutes, within
the corporate limits of the City of Gainesville; providing
severability; providing an effective date.
This bill exempts the City of Gainesville from meeting the
statutory requirements of section 163.367(2), Florida Statutes
relating to public disclosure when a conflict of interest occurs.
Subsection (2) of 163.367 states that involuntary acquisition of
personal interest in a community redevelopment project by a
board member of that community redevelopment agency, or
local public official or employee of that local government, shall
be disclosed in writing to the governing body. Furthermore, if
the personal interest has been acquired within the preceding 2
years, participation in any action involving the project by the
official or the employee was prohibited. To waive the disclosure
requirement and to permit a possible conflict of interest to
occur would not serve a public purpose.
For the above reasons, I am withholding my approval of House
Bill 423, Regular Session of the Legislature, commencing on
April 7, 1981, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1981 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.



Honorable George Firestone
Secretary of State



July 1, 1981



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 Committee Substitute for
House Bill 456 enacted by the Seventh Legislature of Florida
under the Florida Constitution, 1968 Revision, during the
Regular Session of 1981 and entitled:
An act relating to public education; amending s. 228.121,
Florida Statutes, 1980 Supplement, to provide that students
who are nonresidents, or whose guardians are nonresidents,
of Florida may be admitted to the public schools according
to certain criteria; requiring a nonresident tuition fee com-
puted according to district expenditures, and providing ex-
ceptions; providing for verification of residency and guardian-
ship; providing for the collection, remittance, and use of
tuition fees; exempting certain nonresident students from
inclusion in Florida Education Finance Program computa-
tions and from requirements for regular school attendance;
providing an effective date.
This bill requires local school boards to charge a student who
is a nonresident of Florida or whose natural or legal guardians
are nonresidents a tuition fee payable in advance in the amount
of the district's annual operating expenditure for the educa-
tion of the student. Certain non-resident students are exempted
by CS/HB 456.
Among the non-resident students excluded from tuition charges
are the dependents of military personnel or civilian employees
of the military services, whose cost of education is provided
in part or whole by federal-subsidy to state supported schools.
Section (8) of Committee Substitute for House Bill 456 also
excludes these children from the computation of the basic
amount to be included for operation as provided in Section
236.081, Florida Statutes, the Florida Education Finance Pro-
gram (FEFP). Since this law excludes these students from
the provisions of the Florida Education Finance Program and
from the assessment of tuition charges, local school districts
with large military facilities would suffer substantial loss of
revenues. Such reduction in operating revenues would severely
curtail the educational programs for all students in the af-
fected districts.
Also, I am concerned with the apparent conflict between this
legislation and Article IX, Section 1 of the Florida Constitu-
tion, which guarantees a uniform system of free public edu-
cation as interpreted by the Florida Supreme Court's definition
of residence in Scavella v. School Board of Dade County, 363
So. 2d 1095 (Fla. 1978).













For these reasons, I am withholding my approval of Committee
Substitute for House Bill 456, Regular Session of the Legis-
lature, commencing on April 7, 1981, and do hereby veto the
same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1981 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.



Honorable George Firestone
Secretary of State



June 17, 1981



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Article III, Section Eight of the Constitution
of the State of Florida, I hereby withhold my approval of and
transmit to you with my objections House Bill 517 enacted by
the Seventh Legislature of Florida under the Florida Consti-
tution 1968 Revision during the Regular Session of 1981, and
entitled:
"An act relating to Orange County; amending ss. 1 and
2(a) of chapter 31098, Laws of Florida, 1955, extending
throughout the county the applicability of certain limitations
upon the number of alcoholic beverage licenses which may
be granted; providing an effective date."
The bill proposes a revision to the limitation of the number
of alcoholic beverage licenses available in Orange County.
There are currently 101 quota licenses issued in Orange County.
Eighty-one under the one per 4,000 residents formula for the
unincorporated Orange County and City of Orlando pursuant
to Chapter 31098, Laws of Florida, 1955, and 20 under the one
per 2,500 residents formula for other incorporated municipali-
ties pursuant to Section 561.20(1), Florida Statutes.
This bill would grandfather in all existing licenses and change
the limitation to one quota license per 4,000 residents for
Orange County. Under this ratio and the 1980 Census, Orange
County would be authorized only sixteen new licenses or nine
fewer licenses than under the current law.
This bill grants a further monopoly of licenses to a small
group already owning a scarce commodity and denies others
a fair opportunity to obtain a quota license. House Bill 517
is excessively restrictive under the intent of the beverage laws
of Florida.
For the above reasons, I am withholding my approval of
House Bill 517, Regular Session of the Legislature, commencing
on April 7, 1981, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1981 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.



Honorable George Firestone
Secretary of State



June 17, 1981



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 633 enacted by the
Seventh Legislature of Florida under the Florida Constitution,
1968 Revision, during the Regular Session of 1981 and en-
titled:
An act relating to Palm Beach County; authorizing the
District School Board of said county to erect, construct, repair,
alter, and improve any school building in Palm Beach County
on a day-labor basis, and to pay for the same with any funds
from authorized capital outlay sources when such erection,
construction, repair, alteration, or improvement costs do not
exceed $200,000 for any one such project, after plans for such
work have been approved by the Department of Education;
requiring approval of the Department of Education before
proceeding in accordance with the provisions of this act;



providing that all laws or parts of laws, whether general or
special, in conflict with this act are superseded to the extent
of such conflict; providing effective and expiration dates.
This bill authorizes the Palm Beach County District School
Board to pay for the erection, construction, repair, alteration, or
improvement costs on a day-labor basis or cost-plus basis for
projects which do not exceed $200,000 in cost. Current law
provides a limit on cost of $50,000 or less for projects done on
a day-labor basis.
In making a decision to veto this bill, I have considered the
following points made by the Department of Education:
1 Negotiated contracts should be for a "fixed price." Palm
Beach County is now following this practice. House Bill
633 authorizes "cost-plus contracts." Cost-plus contracts
are usually open-ended and the total cost is not known
until the project is completed. Cost overruns cannot be
controlled. There is no incentive to the contractor to
meet deadlines or to control costs.
2. Florida Statutes and State Board of Education Rules
currently provide authorization to all school districts to
use day-labor (school board employees) for projects which
do not exceed $50,000 in cost. Palm Beach County is now
following this practice. House Bill 633 authorizes day-
labor projects to $200,000. Some of the problems or
difficulties that could be experienced in board employees
performing a large amount of day-labor construction are
as follows:
(a) Generally the craftsmen or mechanics employed are
not of the highest quality and the requirements to
employ master tradesmen and mechanics can be ig-
nored. To economize, most workers must work at
several trades, and craftsmanship is often lacking in
this situation.
(b) The staff person in charge of construction crews
also has other duties that distract him from the
supervision and scheduling of projects.
(c) Members of construction crews are often diverted to
emergency and higher priority maintenance projects,
thus disrupting the schedule.
(d) This type of project generally takes much longer to
build because crews can be easily diverted to other
projects and the incentive to complete the projects
on schedule is lacking. There is no risk of liquidated
damage assessment as required for the private con-
tractor. Additional overhead cost for extended con-
struction time is paid from additional school board
funds rather than from the fixed price contract.
(e) Extended construction time is a major disruption
problem to the school staff, especially if it is a
repair, renovation or remodeling project.
(f) Cost accounting is difficult because most school board
finance departments are not set up for this type of
accounting. Workers will shift from building projects
to maintenance projects in the course of the day. It
is very difficult to obtain an accurate final labor
cost for each project.
(g) The day-labor projects must also involve other de-
partments, such as purchasing, because all building
supplies must be bid. This usually has an adverse
impact on other parts of the educational program
because these departments are not staffed or experi-
enced for a heavy volume of this type of purchasing.
Also, the expense of their time and work are not
included in the project costs.
(h) Additional capital equipment such as trucks, earth-
moving equipment, hoists, cranes, must be purchased
to accommodate the construction crews. This equip-
ment must also be maintained. These costs generally
do not appear on the project costs.
(i) There are times that there is not sufficient work to
keep all tradesmen busy. Since they are in the em-
ploy of the Board, their pay continues. Private firms
pay only for hours worked.



(j) There must be many projects scheduled for day-labor
construction to keep the various tradesmen busy so



January 19, 1982



JOURNAL OF THE HOUSE OF REPRESENTATIVES











70



that as they finish their phase they can immediately
be transferred to another project. This will cause
considerable alarm among the local private building
contractors.
(k) Local private contractors and tradesmen will inspect
and publicly criticize the work of the day-labor crews,
causing some concern to the taxpayers.
3. Section 235.31, Florida Statutes, prescribes the require-
ments for advertising and awarding contracts for con-
struction and subsection (9) expresses legislative policy
as follows:
(a) All general laws, population acts, special acts, or
local acts authorizing the exercise of power in con-
flict with the provisions of this section are hereby
repealed.
At the time this section became law, at least one county
(Monroe) had a local act which authorized day-labor
projects in excess of $50,000 which was repealed by this
act. Since that time, Monroe County has operated under
the general law.
4. Florida Statutes and State Board of Education Rules
provide that projects costing less than $50,000 do not
have to be approved by the Department of Education.
House Bill 633 requires that projects constructed by
any of the methods listed (including day-labor and proj-
ects costing less than $50,000) must be approved by the
Department of Education. There is no statement to indi-
cate the criteria to be used by the Department to approve
or disapprove proposed projects. Shifting the respon-
sibility for approving negotiated contract projects and
day-labor projects from the school district to the state
does not appear to be desirable or consistent with the
current state policy of decentralized management of
educational programs.
S5. The Department of Education knows of no information
or circumstance which is unique to Palm Beach County
school construction, as compared with the other 66
counties (especially Broward and Dade, both large, urban,
and in the same geographic region), which justifies a
separate need for advertising and awarding contracts for
school construction projects.
6. During the 1981 session, committees in both the House
and Senate considered a proposal to increase the $50,000
maximum cost per project for day-labor in Florida Stat-
utes. After consideration, committees in both houses
independently voted to retain the $50,000 policy.
For all of the above reasons, I am withholding my approval
of House Bill 633 enacted by the Seventh Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Reg-
ular Session of 1981, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1981 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.
Honorable George Firestone July 1, 1981
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 651 enacted by
the Seventh Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Regular Session of 1981 and
entitled:
An act relating to Brevard County; providing an exception
to s. 403.086, Florida Statutes, establishing sanitary sewage
treatment standards for Brevard County; authorizing Brevard
County to sell, lease or otherwise dispose of county owned
property within the Gateway Center Industrial Park as de-
fined herein by private sale or transaction; providing an
exception to ss. 125.35-125.38, Florida Statutes; declaring
private sales and transactions of property in Gateway Center
Industrial Park to serve a public purpose; providing an
effective date.



:House Bill 651 is a local bill which prohibits the Department
of Environmental Regulation (DER), when issuing permits for



January 19, 1982



waste water treatment facilities in Brevard County, from re-
quiring treatment more stringent than secondary waste treat-
ment.
Allowing House Bill 651 to become law would effectively negate
the DER's regulatory program for domestic and industrial waste
water discharges in Brevard County. Section 403.086(1), Florida
Statutes, provides that construction permits for sanitary sew-
age disposal facilities may not be approved if the facilities
do not provide for secondary waste treatment, and additionally,
advanced waste treatment as deemed necessary by the DER.
Section 403.088(3)(b), Florida Statutes, requires the DER to
deny applications for a permit where the proposed discharge
will reduce the quality of the receiving waters below the
established classification. Section 403.088(4), Florida Statutes,
provides for the issuance of temporary operation permits to
those dischargers that do not qualify for operation permits but
comply with the additional requirements of that subsection,
including reasonable compliance schedules.
The effect of House Bill 651 would be to require that permits
be issued to waste water dischargers, so long as secondary
waste treatment is provided, without regard to the discharge
impact on water quality standards. This bill would require that
a permit be issued even if: (1) The applicant did not provide
reasonable assurance that water quality standards would not be
violated, and (2) the DER had competent substantial evidence
that the discharge would cause or contribute to water quality
standard violations in the receiving waters. The State's only
recourse would be to require the permit holder to conduct a
monitoring program to determine the effect of the discharge.
Notwithstanding the three year limitation imposed by this
bill, the effect runs counter to the long-established policy of
the State to prevent further degradation of its waters and
"clean up" existing violations of State water quality standards.
Furthermore, even if the DER were required by statute to
issue a permit for a facility which would violate State water
quality standards, the DER would still be unable to certify to
the Environmental Protection Agency (EPA) that the subject
discharge would meet ambient water quality standards. This
could have an adverse impact on continuing federal funding
of sewage disposal facilities in Brevard County.
Provisions under Florida law and regulations allow relief from
the DER statutory and regulatory requirements on a case-by-
case basis. These include variances under Section 403.201,
Florida Statutes, site-specific alternative criteria under Section
17-3.031, Florida Administrative Code, and exemptions from
water quality criteria, under Section 17-4.243, Florida Admin-
istrative Code. These provisions allow for operation permits
to be issued. Furthermore, temporary operation permits under
Section 403.088(4) would be available.
House Bill 651 appears to place the entire burden of proof
on the DER and none on the applicant. It places a presump-
tion of sufficiency on secondary waste treatment which the
Department must overcome before requiring advanced waste
treatment. This provision is inconsistent with the established
rule of law in Florida that an applicant bears the burden of
showing entitlement to a requested license.
This bill would allow for situations where substantial public
and private monies are spent to construct facilities which would
soon become obsolete or require additional capital expenditures
to comply with State law. As provided in Section 1 of the bill,
the DER would have to issue permits for waste water treat-
ment facilities which provide secondary waste treatment even
if information were available to show that the subject dis-
charges would cause or contribute to violations of State water
quality standards. In those circumstances the three year moni-
toring program allowed by that section would show what the
DER already knew-that water quality standards would not
be met. The permitted would then have to modify the facility
to provide the necessary additional waste treatment. Conceiv-
ably, the monitoring program would show that the only way
the facility would not violate State water quality standards
would be to not discharge. The practical consequences would
be to necessitate additional capital expenditures or even relo-
cation of the facility if alternative disposal means, such as
land spreading, were not feasible at the original site.



House Bill 651, as passed, contains several vague and unde-
fined terms which would make implementation difficult and
further conflict with the State's goal of protecting the quality
of its waters. Under the scheme of the bill, for example, a
full three year monitoring period will be impossible for all but
those who receive their permits on the very date the bill became



JOURNAL OF THE HOUSE OF REPRESENTATIVES













law. Even after the monitoring is completed and the results
analyzed, only that additional waste water treatment as may be
"reasonable and necessary" to remedy water quality violations
may be required. The bill does not define what is "reasonable
and necessary". Under the bill, the DER would be required to
show that such additional treatment will cause an "increase in
the quality of water" in the receiving body or will prevent
"further negative degradation" of said receiving body. Such
ambiguous phrases portend confusion and difficulty in attempt-
ing to implement this bill.
The legal and policy considerations outlined above indicate
that enactment into law of House Bill 651 would adversely
affect the State's regulatory program to prevent water pollu-
tion in Brevard County.
For these reasons, I am withholding my approval of House
Bill 651 enacted by the Seventh Legislature of Florida under
the Florida Constitution, 1968 Revision, during the Regular
Session of 1981, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1981 Regular Session), to-
gether with the Governor's objections thereto, was referred to
the Committee on Rules & Calendar.

Honorable George Firestone July 2, 1981
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under
the provisions of Article III, Section Eight, of the Constitution
of the State of Florida, I hereby withhold my approval of and
transmit to you with my objections Committee Substitute for
Committee Substitute for House Bill 687 enacted by the Seventh
Legislature of Florida under the Florida Constitution, 1968
Revision, during the Regular Session of 1981, and entitled:
An act relating to real estate; adding subsection (10) to
s. 20.30, Florida Statutes, creating the Florida Real Estate
Commission; amending s. 215.37(1), (2), and (3), Florida
Statutes, and adding a new subsection (4) thereto, providing
for fees collected by the commission; providing for the fund-
ing of the commission; adding subsection (5) to s. 455.201,
Florida Statutes, exempting the commission from certain
regulations; amending ss. 475.03, 475.05, 475.10, 475.125, 475.-
175, 475.181, 475.23, 475.24, 475.25, 475.28, 475.31(2), 475.37,
475.42(1)(g), (h) and (i), 475.452(2) and (3), 475.453(1),
(2) and (3)(b), 475.455, 475.483(1)(b), 475.4835 and 475.486,
Florida Statutes; amending ss. 475.01(1) and (5), 475.17(2),
475.451(1), (2) and (3), 475.4511(5), 475.482 and 475.484(1),
(2) and (6), Florida Statutes, 1980 Supplement; changing the
terms "board" and "department" to "commission" through-
out chapter 475, Florida Statutes; amending s. 475.02(1)
and (3), Florida Statutes, and adding subsections (4), (5),
(6), (7), (8), (9), and (10) thereto, providing for the organi-
zation of the commission; amending s. 475.04, Florida Stat-
utes, relating to the duty of the commission to educate mem-
bers of the profession; creating s. 475.061, Florida Statutes,
providing for the accountability and liability of commission
members; creating s. 475.071, Florida Statutes, authorizing
the commission to designate executive offices; creating s.
475.081, Florida Statutes, providing for the compensation of
commission members; creating s. 475.091, Florida Statutes,
authorizing the commission to employ certain persons; cre-
ating s. 475.121, Florida Statutes, providing for the payment
of expenses of the commission; creating s. 475.1815, Florida
Statutes, relating to denial of licensure; amending s. 475.182,
Florida Statutes, 1980 Supplement, authorizing the commis-
sion to accept certain substitute educational courses for re-
quired continuing education courses; amending s. 475.183,
Florida Statutes, providing substitute educational courses
with respect to certain licensees; creating s. 475.261, Florida
Statutes, relating to disciplinary proceedings; creating s.
475.2615, Florida Statutes, providing injunctive relief; cre-
ating s. 475.263, Florida Statutes, relating to public inspec-
tion of records; repealing s. 20.30(4) (x), Florida Statutes,
eliminating the Board of Real Estate within the Department
of Professional Regulation; providing legislative intent; pro-
viding for review and repeal in accordance with the Regula-
tory Reform Act of 1976; providing an effective date.



This bill would recreate the former Florida Real Estate Com-
mission as an autonomous board for the purpose of regulating



the real estate profession. It invests authority in the Commis-
sion to employ its executive director and employees who serve
"at the pleasure" of the Commission outside of the State Career
Service System. The Commission would manage its own disci-
plinary process separate from all other professions regulated
by the State.
However, more important than the details of the bill is the
substantial effect the bill has on undermining a newly created
State regulatory system. The philosophy of the 1979 Regula-
tory Reform Act is that when the public interest is sufficient
to justify intrusion into the free market, then the system of
public regulation must be structured to promote the confidence
of both citizens and those regulated.
The previous scheme of public regulation in Florida came
under a variety of criticisms because of abuses, including anti-
competitive practices, the blurring of lines between private pro-
fessional associations and the public regulatory boards, and
allegations of foot dragging over serious violations of prac-
tice acts. These abuses lowered both public confidence and re-
spect for professionals.
While it is true that the Florida Real Estate Commission
was not the focus of the criticisms of the 1979 Sunset review,
the real estate profession was included in a consistent regu-
latory scheme for all professionals licensed by the State. The
Reform Act set up a more balanced partnership between the
Department of Professional Regulation and the twenty-five
professional boards. It set up a uniform system for all boards
which gives the public and licensees a consistent set of ex-
pectations about how their complaints and inquiries will be
handled. The Department has standing to challenge the ac-
tions of boards which are anti-competitive or inconsistent with
the practice acts. The uniqueness of professions is recognized
by separate boards made up primarily of licensed professionals.
I am concerned that the reversal of Florida's nationally ac-
claimed regulation reforms for real estate only would begin
a process of unraveling the hard-won 1979 changes.
In considering whether the extreme surgery represented by
CS/CS/HB 687 is warranted, I have examined the problems
cited by the Florida Association of Realtors. I find that the
problems are primarily the function of an escalating level of
complaints, inadequate resources, and the unfortunate yet ex-
pectable transition circumstances of a major reorganization.
I am committed to dealing with the legitimate service prob-
lems pointed out by the real estate profession. In addition to
actions which I will take or which will be initiated by the agency
Secretary, I am signing Senate Bill 700, which responsibly
addresses the built-in statutory conflicts in the law. This
legislation was developed in conjunction with all parties and
enhances rather than dismantles the 1979 partnership. Spe-
cifically, Senate Bill 700 streamlines the complaint and in-
vestigation system, and provides more board participation in
examination standards. These changes will mean more timely
service to licensed professionals and the public.
For the above reasons, I am withholding my approval of
Committee Substitute for Committee Substitute for House Bill
687, Regular Session of the Legislature, commencing on April
7, 1981, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1981 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.



Honorable George Firestone
Secretary of State



July 2, 1981



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, Committee Substitute for
House Bill 747 enacted by the Seventh Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular
Session of 1981 and entitled:
"An act relating to cancer therapeutic research; amending
s. 402.36, Florida Statutes, expanding the scope of the con-
trolled substances therapeutic research act; authorizing the



January 19, 1982



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



patient qualification review board to permit qualified patients
to obtain unconventional therapies for the control and cure
of cancer; increasing the membership of the board; authorizing
the distribution of cannabis under the act by additional types
of pharmacies; requiring practitioners using unconventional
therapies to prescribe or administer such therapies in accord-
ance with certain protocols; providing for rules governing
the distribution of such materials; exempting practitioners
under the act from obtaining a federal investigational new
drug number for such materials; requiring a practitioner to
notify the patient of certain information about such materials
and requiring the patient to sign a written release; providing
for rules; providing for inspections and a license fee upon
manufacturers of such materials; providing an effective date.
This bill amends s. 402.36, Florida Statutes, to expand the scope
of the controlled substances therapeutic research act to authorize
the patient qualification review board (PQRB) to permit quali-
fied cancer patients to obtain unconventional cancer therapies.
The bill, as passed, does not clearly define the authority of the
Patient Qualification Review Board to disapprove questionable
treatment therapies or terminate the use of a treatment shown
to be dangerous. In addition, a chemical analysis of the content
of a product to be used in therapy is not required under this
bill even though such an analysis is necessary in order to ensure
its safety. The authority to promulgate rules makes no reference
to pharmacological safety and therefore the State's responsibility
to ensure the health of the citizens of Florida cannot be assured
under this bill.
The bill does address the very real concern for the citizens of
the State of Florida to have "compassionate access" to certain
unconventional forms of cancer therapy which have unproven
efficacy. CS/SB 298 which I signed into law on June 19 (Chapter
81-84) provides for an interim task force to examine a new
drug permitting process for Florida.
I will ask the Patient Qualification Review Board to work closely
with this Task Force in order to develop recommendations which
can provide the basis for the establishment of a well defined
system with appropriate safeguards for controlling the distri-
bution and use of all treatment modalities involving new drugs,
including unconventional cancer therapies. This approach recog-
nizes the physically and emotionally destructive nature of cancer,
but should allow us to respond to the need for access to unproven
cancer therapies that effectively carries out the State's respon-
sibility to protect the public's health.
For these reasons, I am withholding my approval of CS/HB 747.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1981 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

Honorable George Firestone July 1, 1981
Secretary of State
Dear Mr. Secretary:
By the authority invested 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 997 enacted by
the Seventh Legislature of Florida under the Florida Consti-
tution, 1968 Revision, during the Regular Session of 1981, and
entitled:
An act relating to Pinellas County; revising and amending
chapter 23483, Laws of Florida, 1945, as amended, relating to
the Juvenile Welfare Board; providing for the appointment
of board members by the Pinellas County Board of County
Commissioners and the Pinellas County District School Board;
providing expiration dates of terms of current board members;
providing length of terms; providing for audit of financial
records; establishing procedures for preparation and adoption
of annual budgets and millage rates; providing for establish-
ment of surety bond amounts by the board for its members;
"increasing limitations on the petty cash account; providing
an effective date.
IHouse Bill 997 would substantially alter Board member appoint-



ment procedures, terms in office, and change operations relating
to the Board's financial, taxing, and budgeting procedures.



While the Pinellas County Juvenile Welfare Board may be in
essence a local entity, the welfare of children is of substantial
State interest. It is essential that juvenile welfare in Florida be
guided not only in accordance with policies established at the
local level but also in keeping with broader State responsibilities
and policies. There is no evidence that the current structure is
not providing an effective partnership for the juveniles of
Pinellas County.
For the above reasons, I am withholding my approval of House
Bill 997, Regular Session of the Legislature, commencing on
April 7, 1981, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1981 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

Honorable George Firestone June 17, 1981
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 1176 enacted
by the Seventh Legislature of Florida under the Florida Con-
stitution 1968 Revision, during the Regular Session of 1981,
and entitled:
An act relating to Martin County; granting additional powers
to the Town of Jupiter Island by providing authority for the
protection of the beach and lands within said Town from
erosion and damage from storms, waves, currents and high
water; providing for the levy of a special erosion tax; pro-
viding for the levy of a special tax for construction and
maintenance of erosion control structures on particular prop-
erties within said Town; providing the manner and form in
which such taxes for such purposes shall be collected and
enforced; repealing all laws in conflict herewith; providing
for a referendum; providing an effective date.
House Bill 1176 which is a local bill, grants to the Town of
Jupiter Island the authority to construct and maintain beach
erosion control structures and provides for the levying of a
special tax, following approval by local referendum.
Florida Statutes and policy clearly direct that our important
beach resources be protected and maintained, preferably by
employing natural systems or a reasonable man-made approxi-
mation thereof. This bill is well intentioned in that efforts
by local governments and their citizens, which are directed to
developing coordinated solutions for achieving this objective
and policy are encouraged. However, this measure, while
attempting to solve a local erosion problem, sets a serious
precedent which could have a far reaching effect on the State's
public policy.
Section 5 of House Bill 1176 attempts to repeal Chapter 161,
253, and 403, Florida Statutes to the extent that those laws
are in conflict with this local act. Sections 2 and 4 grant to
the town authority to construct shore protection structures out-
side the provisions of the Florida Statutes, specifically coastal
construction line permitting (161.053, F.S.), and coastal con-
struction permitting on sovereignty lands (161.041, F.S.).
Chapter 161 already provides for the delegation of such au-
thority subject to the approval of the Governor and Cabinet.
Chapter 403 provides that projects, as contemplated in this
bill, require state water quality certification from the De-
partment of Environmental Regulation, while Chapter 253,
Sections 123 and 124, require state permits for dredging or
filling below mean high water for the purpose of conserving
biological resources.
Further, Section 4 of the bill places emphasis on mandatory
shore armoring. This type of shore protection generally is not
compatible with existing State policy which places emphasis
on using beach sand. Armoring is normally permitted only in
the instance where erosion is severe, threatening upland im-
provements, and there is no other viable solution.



I am committed to a strong policy which protects and pre-
serves our important beach resources. Florida beaches are one
of the most important resources we enjoy, benefitting us



72



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



economically while enhancing- our overall quality of life. The
preservation of this resource is a major concern and any efforts
directed to preserving them must be accomplished through a
coordinated effort which ensures their long term integrity. I
will work with the bill's sponsors in drafting a bill that will
accomplish our mutual goals and objectives during the interim.
For the above reasons, I am withholding my approval of House
Bill 1176, Regular Session of the Legislature, commencing on
April 7, 1981, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1981 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

Honorable George Firestone July 2, 1981
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 1214 enacted
by the Seventh Legislature of Florida under the Florida Con-
stitution, 1968 Revision, during the Regular Session of 1981,
and entitled:
"An act relating to the severance tax; amending s. 253.023(2),
Florida Statutes, 1980 Supplement; providing a limit to
amounts credited to the Conservation and Recreation Lands
Trust Fund each fiscal year; providing an effective date."
This bill proposes to expedite the crediting of funds collected
by the Department of Revenue to General Revenue after the
annual credit to the Conservation and Recreation Lands Trust
Fund equals $20 million during any single fiscal year. Un-
fortunately, the bill also contains the following language:
"If the balance of the fund at the end of the fiscal year
exceeds $20 million, the excess shall be transferred to the
General Revenue Fund."
This language is in direct conflict with Senate Bill 632, which
I signed into law June 30, 1981. Senate Bill 632 allows un-
expended balances in the Conservation and Recreation Lands
Trust Fund to accumulate toward the purchase of needed en-
vironmentally endangered, park, or recreational lands. This
capability to accumulate enhances the effective management
of public funds for the purchase of these important lands.
I have received assurances from both Mr. Randy Miller, Execu-
tive Director of the Department of Revenue, and Mr. Don
Duden, Assistant Executive Director of the Department of
Natural Resources, that they will work out an interagency
agreement as necessary to accomplish administratively the in-
tentions of House Bill 1214 which are consistent with Senate
Bill 632.
For the above reasons, I am withholding my approval of House
Bill 1214, Regular Session of the Legislature, commencing on
April 7, 1981, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor

-and the above vetoed bill (1981 Regular Session), together
with the Governor's objections thereto, was referred to the
Committee on Rules & Calendar.

Report of the Committee on Rules & Calendar
The Honorable Ralph H. Haben, Jr. January 18, 1982
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar herewith submits as



the Special and Continuing Order Calendar under Rule 8.15
beginning Tuesday, January 19, 1982, consideration of the
following bills:



HB 407-Transportation Department
CS/HB 332-Controlled Substances
HB 429--Trust & Agency Investment
HB 93-Citrus Code
HB 306-Plant Pests
HB 182-Liquefied Petroleum Gas
HBI 43-Corporations Not for Profit
HB 372-Postsecondary Education
HB 396-Postsecondary Education
CS/HB 34-Firearms & Other Weapons
HM 94-Missing Children
HB 172-Water & Sewer Systems
A quorum of the Committee was present in person, and a
majority of those present agreed to the above Report.
Respectfully submitted,
Samuel P. Bell, III, Chairman

On motion by Rep. Bell, the rules were waived and the above
report was adopted.

Presentation of Florida Times-Union/Allen Morris Awards
On motion by Rep. Bell, the rules were waived to permit a
legislative honors ceremony with Dr. Morris, Clerk of the House,
presiding at the well. On further motion by Rep. Bell, the
Speaker appointed Representatives Ogden, Lewis, and Tygart
as a committee to escort to the well the following guests:
Mr. Robert P. Clark, Editor of the Florida Times-Union and
Jacksonville Journal; Mr. John S. Walters, Associate Publisher;
and Mr. Frank Ranew, State Editor of the Times-Union.
The Speaker presented Dr. Morris. Dr. Morris stated this
series of awards, sponsored by the Florida Times-Union and
Jacksonville Journal since 1967, was instituted in 1945 and is
the oldest of Florida's legislative honors. The winners are
determined, through secret balloting, by their colleagues be-
cause, he said, "They can judge from an insider's point of view
the integrity, the courage, the ability to work objectively on
cooperative problems, and, indeed, all the countless other inde-
finable attributes upon which one cannot readily put one's finger
but which measure the basic worth of a public servant."
On behalf of the Florida Times-Union and Jacksonville
Journal, Mr. Clark presented plaques to the following Members
symbolizing the honors voted by their colleagues of the 1981
House:
Most Effective Member-Herbert F. Morgan
Runner-up--S. Curtis Kiser
Most Effective in Debate-James Harold Thompson
Runner-up-Ronald R. Richmond
Most Effective in Committee-Betty Easley
The guests were escorted from the Chamber.

Reports of Select Committees
Rep. Hodes, Chairman of the Oversight Program, was given
permission to go to the well, where he explained the objectives
of the program. He then presented Rep. Burnsed, Chairman of
the Oversight Subcommittee of the Committee on Health &
Rehabilitative Services, who reported on nursing home inspection
procedures in Florida, and Rep. C. F. Jones, Chairman of the
Oversight Subcommittee of the Committee on Transportation,
who reported on consultant policies of the Florida Department
of Transportation.

Recognition Ceremony for Florida Honey Queen
On motion by Rep. Bell, the rules were waived and the
regular order of business was suspended for a recognition
ceremony. On further motion by Rep. Bell, the Speaker appointed
Representatives Hazouri, Pajcic, L. Hall and Thompson as a
committee to escort Miss Grace Ann Jones, Florida Honey
Queen to the well.

On motion by Rep. Thompson, the rules were waived and-
By Representative Thompson-



HR 705-A resolution honoring Miss Grace Ann Jones, the
1982 Florida Honey Queen.



January 19, 1982



73











JOURNAL OF THE HOUSE OF REPRESENTATIVES



WHEREAS, Miss Grace Ann Jones has been chosen the 1982
Florida Honey Queen and will represent Florida at the American
Honey Queen contest in Hawaii in January 1983, and
WHEREAS, Miss Jones, the daughter of Mr. and Mrs. B. L.
Harkey and Mr. and Mrs. Mel R. Jones is an honor student at
Andrew Jackson High School in Jacksonville, while at the
same time being actively involved in numerous extracurricular
activities, and
WHEREAS, Miss Jones was first runner-up in the Miss
Andrew Jackson Contest and was named Miss Congeniality
because of her winning personality, and
WHEREAS, Miss Jones enjoys singing, acting, and playing
the guitar and has brought joy to the hearts of many with
her talents, and
WHEREAS, the achievements of this fine young person are
deserving of commendation, 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
commends Miss Grace Ann Jones for her selection as the 1982
Florida Honey Queen, and wishes to extend to her its best
wishes for continued success.
BE IT FURTHER RESOLVED that a copy of this resolution
be presented to Miss Grace Ann Jones as a tangible token of
the sentiments expressed herein.
-was read the first time by title. On motion by Rep.
Thompson, the rules were waived and the resolution was read
the second time in full and adopted.

The Speaker presented Rep. Thompson who introduced Miss
Grace Ann Jones. Rep. Hazouri then presented a copy of the
resolution to Miss Jones. Miss Jones expressed her thanks for
the honor and was then escorted from the Chamber.

Motions Relating to Committee References
On motion by Rep. L. J. Smith, agreed to by two-thirds vote,
HJR 39 was taken from the Calendar and recommitted to the
Committee on Criminal Justice.

On motion by Rep. Patterson, without objection, HB 5 was
withdrawn from further consideration of the House.

Consideration of the Special and Continuing Order
Consideration of HB 407 was temporarily deferred.
By the Committee on Tourism & Economic Development and
Representatives Gardner, Dunbar, S. McPherson, Kelly, R. C.
Johnson, Lippman, Woodburn, Sample, Lehman, Evans-Jones,
Kimmel, Brown, C. R. Smith, Easley, Messersmith, L. J. Hall,
Dyer, Boles, Myers, Carlton, Foster, Robinson, Bush, Grant and
Spaet-
CS/HB 332-A bill to be entitled An act relating to controlled
substances; creating s. 893.16, Florida Statutes, providing for
delayed dispensing of prescriptions for Schedule II controlled
substances except in a specified situation; providing an effective
date.
-was read the first time by title. On motion by Rep. Gardner,
the rules were waived and the bill was read the second time by
title.
Representative Gardner offered the following amendment:
Amendment 1-On page 1, line 18, after the period insert:
Prescriptions for Schedule II drugs used for analgesic purposes
may be dispensed immediately; however, the quantity dispensed
immediately may not exceed a 72 hour supply unless additional
dispensing is determined to be appropriate in the professional
judgment of the dispensing pharmacist.
Rep. Gardner moved the adoption of the amendment, which
was adopted.
Representative Gardner offered the following amendment:



Amendment 2-On page 1, line 14, after "(2)" insert: other
than those used for analgesic purposes



Rep. Gardner moved the adoption of the amendment, which
was adopted.
Under Rule 8.19, the bill was referred to the Engrossing
Clerk.

HB 407-A bill to be entitled An act relating to the Depart-
ment of Transportation; amending s. 337.25(5), Florida Stat-
utes, to provide that the department may convey surplus prop-
erty to other state agencies to be used for a public purpose;
providing an effective date.
-was read the second time by title and, under Rule 8.19,
referred to the Engrossing Clerk.

On motion by Rep. Hazouri, agreed to by two-thirds vote,
HB 429 was taken from the Calendar and recommitted to the
Committee on Retirement, Personnel & Collective Bargaining.
HB 93-A bill to be entitled An act relating to the Florida
Citrus Code; amending s. 601.15(9)(b), Florida Statutes, ex-
tending application of the excise tax collection provisions of
the section to include all citrus excise taxes in chapter 601,
Florida Statutes; deleting obsolete language; amending s. 601.-
55(1) and (2), Florida Statutes, clarifying language relating
to citrus fruit dealer's license classifications; eliminating the
present delinquent renewal classification; providing for "repeat
applications" for licenses; specifying license terms; adding sub-
section (4) to s. 601.56, Florida Statutes, providing that certain
license applications shall not be processed or denied under
certain conditions and providing for notification; amending s.
601.57(7), Florida Statutes, relating to conditional citrus fruit
dealers' licenses; amending s. 601.58, Florida Statutes, pro-
viding for the handling of approved applications; requiring
notice of temporary or conditional nature of licenses on the
face thereof; clarifying the nature of application disapproval;
amending s. 601.67(3), Florida Statutes, providing for license
suspension upon failure to comply with an order to pay a fine;
providing a 60-day suspension period; providing for continuation
of suspension against a subsequent license; providing for review
and repeal in accordance with the Regulatory Sunset Act;
providing an effective date.
-was read the second time by title and, under Rule 8.19,
referred to the Engrossing Clerk.

HB 306-A bill to be entitled An act relating to plant pests;
amending s. 581.083, Florida Statutes, to prohibit introduction
into the state of any pest, parasite, or predator of other
organisms without special permit; setting conditions for the
issuance of permits; providing an effective date.
-was read the second time by title.

Representative G. Hodges offered the following amendment:
Amendment 1-On page 1, lines 24 and 25, after the word
"be" strike "a target organism or to be" and insert: target
organism or
Rep. Hodges moved the adoption of the amendment, which
was adopted.
Under Rule 8.19, the bill was referred to the Engrossing
Clerk.

HB 182-A bill to be entitled An act relating to liquefied
petroleum gas; repealing s. 11.6105(1) (q), Florida Statutes,
appearing in chapter 81-318, Laws of Florida, relating to Sunset
review and repeal of chapter 527, Florida Statutes, scheduled
October 1, 1982; repealing s. 19 of chapter 81-175, Laws of
Florida, relating to Sunset review and repeal of chapter 527,
Florida Statutes, scheduled July 1, 1987; providing for review
and repeal of chapter 527, Florida Statutes, relating to liquefied
petroleum gas, on October 1, 1987; providing an effective date.
-was read the second time by title and, under Rule 8.19, re-
ferred to the Engrossing Clerk.

HB 43-A bill to be entitled An act relating to corporations
not for profit; repealing part II of chapter 617, Florida Stat-
utes, relating to scholarship plans; providing an effective date.



-was read the second time by title and, under Rule 8.19, re-
ferred to the Engrossing Clerk.



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



HB 372-A bill to be entitled An act relating to postsecondary
education; amending s. 240.241(2), Florida Statutes; providing
for the exemption of certain specified information generated or
received in the course of research within state universities from
chapter 119, Florida Statutes; providing for the disclosure of
certain information upon request; providing an effective date.
-was read the second time by title.

Representative Sadowski offered the following amendment:
Amendment 1-On page 1, line 24, strike all new language
following the period on line 24 through the semicolon on line
30 and insert: To this end, proprietary materials and pro-
prietary information that relate to potentially patentable ma-
terial, patents, actual trade secrets or potential trade secrets
received, generated, ascertained or discovered in conjunction
with research conducted within the state universities shall be
exempt from the provisions of Chapter 119;
Rep. Sadowski moved the adoption of the amendment. On
motion by Rep. Shackelford the amendment was laid on the
table.
Under Rule 8.19, the bill was referred to the Engrossing
Clerk.

HB 396-A bill to be entitled An act relating to postsecondary
education; amending s. 240.335, Florida Statutes, requiring com-
munity college boards of trustees to eradicate discrimination in
granting salaries and to file annual reports; amending s. 240.359
(3)(d), Florida Statutes, eliminating a duplicative and con-
tradictory statutory requirement that community colleges offer
free courses to the elderly under certain circumstances; adding a
subsection to s. 240.365, Florida Statutes, providing for the
cancellation of the registration of students with delinquent
accounts; amending s. 240.513(3) (b), (e), and (f), Florida Stat-
utes, providing for appropriation for Shands Teaching Hospital
to the J. Hillis Miller Health Center; amending s. 242.62(2) (c)
and (d) and (3), Florida Statutes, providing for appropriation
for the first accredited medical school to the Department of
Education; amending s. 243.151(1) and (3), Florida Statutes,
providing for the length of lease agreements under specified
conditions and for universities to negotiate agreements under
this section; amending s. 381.503(3) (a) and (b), (4), (5)(c), (6),
(7), and (8), Florida Statutes, providing for community hospital
education within the Department of Education; providing an
effective date.
-was read the second time by title.

Representative Bell offered the following amendment:
Amendment 1-On page 7, line 15, after the word "and"
insert: upon approval of the Board of Regents,
Rep. Bell moved the adoption of the amendment, which was
adopted.

Representatives Rosen, Spaet, and Gordon offered the follow-
ing amendment:



Amendment 2-On page 4, lines 22-24, strike all of said lines
and insert: 6. Reimbursement to the hospital for indigent pa-
tietes state mandated program under frtnded state pregramae
and cost to the hospital for support of the teaching and
Rep. Rosen moved the adoption of the amendment. Pending
consideration thereof, further consideration of HB 396 was tem-
porarily deferred.
Rep. Bell moved that the House stand in recess, upon the
completion of Introduction and Reference and the receiving of
Reports, for the purpose of holding committee meetings and
conducting other House business, to reconvene at 10:30 a.m.,
Thursday. The motion was agreed to.

Co-sponsors
HB 39-Watt, Young, Williams, Nergard
HB 62-Mills
HB 94-Hazouri
HB 235-Nergard, Kutun
HB 337-L. J. Smith, Meek
HB's 2, 3-W. R. Hodges, Ewing, Foster

Reports of Standing Committees

The Committee on Criminal Justice recommends the following
pass: HB 143, with amendments
The above bill was placed on the calendar.

Recessed
Pursuant to the motion previously agreed to, the House re-
cessed at 11:47 a.m., to reconvene at 10:30 a.m., Thursday.



CHAMBER ACTION ON BILLS
JANUARY 19, 1982
HB 5 Withdrawn from consideration
HJR 39 Recommitted to Criminal Justice
HB 43 Read second time
HB 93 Read second time
HB 182 Read second time
HB 306 Read second time and amended
HB 332 C/S read first and second times and amended
HB 372 Read second time
HB 396 Read second time and amended; amendment
pending
HB 407 Read second time
HB 429 Recommitted to Retirement, Personnel & Col-
lective Bargaining
HR 705 Adopted
[Source: Legislative Information Division]



January 19, 1982



75

















feU Jourl OF THE


HWouse of JIepreseqjtatives



Number 3



Thursday, January 21, 1982



The House was called to order by the Speaker at 10:30 a.m.
The following Members were recorded present:



Fontana
Foster
Fox
Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
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
Lehtinen
Lewis
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.
Price
Ready



Reynolds
Richmond
Robinson
Rosen
Sadowski
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



Excused: Representatives Hodes, Lehman, Moore, L. Plum-
mer, Gustafson; Representative Liberti, because of family ill-
ness.
A quorum was present.

Prayer
On motion by Rep. Meffert, the following prayer offered by
the Reverend Terry Markins, St. Paul's United Methodist
Church of Ocala, was spread upon the Journal:
0 Lord our God, Father, Mother, if ever we needed Your
wisdom and Your guidance, it is now, as the House begins
a new session, standing at the dawn of a new year, fraught
with so many dangerous opportunities. We pray that You
will bless these elected representatives of this State, for
You know them, their needs, their motives, their hopes,
their fears. Touch them to give them strength, and speak
to them to give them wisdom greater than their own. Help
these representatives of the people know that You are
concerned with every action taken here. Help them to fear
no person. Bless each of them according to their deepest
need, and use them for Your glory, we ask in the strong
name of Jesus of Nazareth, Your Son our Savior. Amen

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of January 19 was approved as corrected.



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



A digest of today's Chamber action appears on page 94



The Journal of January 18 was further approved and cor-
rected as follows: In Introduction and Reference of Bills-
following title of HB 314, after "Development", insert "and
Appropriations"; following title of HB 454, insert "Proof of
publication of the required notice was attached."; in title of
HB 473, line 2, strike "expending" and insert "expanding" in
line 14, after "s.112.011" insert "(1)"; in title of HB 475, line 7,
strike "providing for the articles of formation;"; in title of
HB 510, line 4, after "Statutes," insert "relating to duties;
amending s. 29.04, Florida Statutes,"; in title of HB 529, line 9,
after "fund;" insert "repealing s. 250.11, Florida Statutes,"; on
page 56, column 1, line 25 from bottom, strike "HB 574" and
insert "HB 573"; in title of HB 574, line 8 from top of column
2, strike "78-571" and insert "77-571"; in title of HB 575, line
13, strike "specific" and insert "special"; on page 60, column 1,
strike line 3 from top; following title of HB 612, insert "Proof
of publication of the required notice was attached."

Report of the Committee on Rules & Calendar
The Honorable Ralph H. Haben, Jr. January 19, 1982
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar herewith submits as
the Special and Continuing Order Calendar under Rule 8.15
beginning Thursday, January 21, 1982, the following:
I. Consideration of the unfinished portion of Tuesday's Spe-
cial Order Calendar
II. Consideration of the following bills or their companion
measures:
HB 393-Citrus Excise Taxes
HB 423-Severance Tax on Solid Minerals
HB 424-Probate & Administration of Estates
HB 425-Homestead Exemptions
HB 426-Ad Valorem Taxation
HB 176-Sunset Review
HB 449-Sundown Review
HB 21-School Trespass
HJR 9-Interception of Communications
A quorum of the Committee was present in person, and a ma-
jority of those present agreed to the above Report.
Respectfully submitted,
Samuel P. Bell, III, Chairman
On motion by Rep. Bell, the above report was adopted.


Report of Select Committee

The Speaker called on Rep. Easley, Subcommittee Chair-
man of the Finance & Taxation Oversight Committee to pre-
sent a report. Rep. Easley reported on assessment of time-
share property and a study of the tax payers assistance.

Recognition Ceremony for Dr. Edward A. Fernald
On motion by Rep. Bell, the rules were waived and the
regular order of business was suspended for a recognition
ceremony. On further motion by Rep. Bell, the Speaker ap-
pointed Representatives Morgan, Price, Gardner and Thomp-
son as a committee to escort to the well Dr. Bernard Sliger,
President; Dr. Edward A. Fernald, Director of the Institute
76











JOURNAL OF THE HOUSE OF REPRESENTATIVES



of Science and Public Affairs Resource Analysis *Center; and
Patrick W. Hogan, Vice President of University Relations, all
of Florida State University.
The Speaker presented Rep. Morgan who introduced the
guests and remarked that they were the principal people re-
sponsible for the new Florida Atlas. Rep. Morgan presented
Dr. Sliger. Dr. Sliger thanked the Members for their efforts
to improve higher education. Rep. Morgan introduced Dr.
Fernald who remarked that he hoped the Florida Atlas would
provide information useful to the Legislature. The guests were
then escorted from the Chamber.

Consideration of Bills and Joint Resolutions on Third
Reading
HB 407-A bill to be entitled An act relating to the De-
partment of Transportation; amending s. 337.25(5), Florida
Statutes, to provide that the department may convey surplus
property to other state agencies to be used for a public pur-
pose; providing an effective date.
-was read the third time by title. On passage, the vote was:

Yeas--107



Ewing
Fontana
Foster
Fox
Friedman
Gardner
Girardeau
Gordon
Grant
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, M. E.
Hazouri
Hieber
Hodges, G.
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kimmel



Kutun
Lewis
Lippman
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.
Price
Ready



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



Nays-None
Votes after roll call:
Yeas-Batchelor, Mann, L. R. Hawkins, Liberti
So the bill passed and was certified to the Senate.

CS/HB 332-A bill to be entitled An act relating to con-
trolled substances; creating s. 893.16, Florida Statutes, provid-
ing for delayed dispensing of prescriptions for Schedule II
controlled substances except in a specified situation; providing
an effective date.
-was read the third time by title. On passage, the vote was:

Yeas-102



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



Fontana
Foster
Fox
Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, M. E.



Hazouri
Hieber
Hodges, G.
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kimmel



Lehtinen
Lippman
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell



Nays-6
Hagler
Kutun



Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Plummer, J.
Price
Ready
Reynolds



Lewis
Patterson



Richmond :
Robinson
Rosen
Sample
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Steele
Thomas
Thompson



Sadowski



Tygart
Upchurch
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodburn
Woodruff
Young



Shackelford



Votes after roll call:
Yeas-Batchelor, Mann, L. R. Hawkins, Liberti

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

HB 93-A bill to be entitled An act relating to the Florida
Citrus Code; amending s, 601.15(9) (b), Florida Statutes, extend-
ing application of the excise tax collection provisions of the
section to include all citrus excise taxes in chapter 601, Florida
Statutes; deleting obsolete language; amending s. 601.55(1)
and (2), Florida Statutes, clarifying language relating to citrus
fruit dealer's license classifications; eliminating the present
delinquent renewal classification; providing for "repeat appli-
cations" for licenses; specifying license terms; adding subsec-
tion (4) to s. 601.56, Florida Statutes, providing that certain
license applications shall not be processed or denied under cer-
tain conditions and providing for notification; amending s.
601.57(7), Florida Statutes, relating to conditional citrus fruit
dealers' licenses; amending s. 601.58, Florida Statutes, providing
for the handling of approved applications; requiring notice of
temporary or conditional nature of licenses on the face thereof;
clarifying the nature of application disapproval; amending s.
601.67(3), Florida Statutes, providing for license suspension
upon failure to comply with an order to pay a fine; providing
a 60-day suspension period; providing for continuation of sus-
pension against a subsequent license; providing for review and
repeal in accordance with the Regulatory Sunset Act; providing
an effective date.
-was read the third time by title. On passage, the vote was:

Yeas-111



The Chair
Allen
Bankhead
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans-Jones
Ewing
Nays-None



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



Lehtinen
Lewis
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.
Price
Ready



Reynolds
Richmond
Robinson
Rosen
Sadowski
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



The Chair
Allen
Bankhead
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans-Jones



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



77



January 21, 1982











JOURNAL OF THE HOUSE OF REPRESENTATIVES



January 21, 1982



Votes after roll call:
Yeas--Batchelor, L. R. Hawkins, Liberti
So the bill passed and was certified to the Senate.

HB 306--A bill to be entitled An act relating to plant pests;
amending s. 581.083, Florida Statutes, to prohibit introduction
into the state of any pest, parasite, or predator of other organ-
isms without special permit; setting conditions for the issuance
of permits; providing an effective date.
-was read the third time by title. On passage, the vote was:

Yeas-113



Foster Lehtinen
Fox Lewis
Friedman Lippman
Gallagher Mann
Gardner Martin
Girardeau Martinez
Gordon McEwan
Grant McPherson, S.
Hagler McPherson, T.
Hall, C. A. Meek
Hall, L. J. Meffert
Hattaway Melby
Hawkins, L. R. Messersmith
Hawkins, M. E. Mills
Hazouri Mitchell
Hieber Moffitt
Hodges, G. Morgan
Hodges, W. R. Myers
Hollingsworth Nergard
Johnson, A. E. Nuckolls
Johnson, B. L. Ogden
Johnson, R. C. O'Malley
Jones, C. F. Pajcic
Jones, D. L. Patchett
Kelly Patterson
Kershaw Plummer, J.
Kimmel Price
Kiser Ready
Kutun Reynolds



Nays--None
Votes after roll call:
Yeas-Batchelor, Liberti
So the bill passed, as amended, and was
Senate.



Richmond
Robinson
Rosen
Sadowski
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








certified to the



HB 182-A bill to be entitled An act relating to liquefied
petroleum gas; repealing s. 11.6105(1)(q), Florida Statutes,
appearing in chapter 81-318, Laws of Florida, relating to Sun-
set review and repeal of chapter 527, Florida Statutes, sched-
uled October 1, 1982; repealing s. 19 of chapter 81-175, Laws
of Florida, relating to Sunset review and repeal of chapter 527,
Florida Statutes, scheduled July 1, 1987; providing for review
and repeal of chapter 527, Florida Statutes, relating to liquefied
petroleum gas, on October 1, 1987; providing an effective date.
-was read the third time by title. On passage, the vote was:

Yeas-111



Crawford
Crotty
Danson
Davis
Deratany
Dunbar
Dyer
Easley
Evans-Jones
Ewing
Fontana
Foster
Fox
Friedman
Gallagher
Gardner



Girardeau
Gordon
Grant
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
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
Lehtinen
Lewis
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.



McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls



Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.
Price
Ready
Reynolds
Richmond
Robinson
Rosen



Sadowski
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



Nays-None
Votes after roll call:
Yeas-Batchelor, Liberti
So the bill passed and was certified to the Senate.

HB 43-A bill to be entitled An act relating to corporations
not for profit; repealing part II of chapter 617, Florida Statutes,
relating to scholarship plans; providing an effective date.
-was read the third time by title. On passage, the vote was:

Yeas-112



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



Fontana
Foster
Fox
Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
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
Lehtinen
Lewis
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.



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



Votes after roll call:
Yeas-Batchelor, Liberti
So the bill passed and was certified to the Senate.

HB 372-A bill to be entitled An act relating to postsecondary
education; amending s. 240.241(2), Florida Statutes; providing
for the exemption of certain specified information generated
or received in the course of research within state universities
from chapter 119, Florida Statutes; providing for the disclosure
of certain information upon request; providing an effective date.
-was read the third time by title. On passage, the vote was:

Yeas-91



The Chair
Allen
Bankhead
Bell
Boles
Brodie
Brown
Burnsed
Carlton



Carpenter
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Danson
Deratany



Drage
Dunbar
Easley
Ewing
Fontana
Foster
Fox
Friedman
Gallagher



Gardner
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, M. E.
Hazouri
Hieber
Hodges, G.



78



The Chair
Allen
Bankhead
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Danson
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans-Jones
Ewing
Nays-None



The Chair
Allen
Bankhead
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Carlton
Carpenter
Clements
Cosgrove
Cox
Crady











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kimmel
Kiser
Kutun
Lehtinen
Lewis



Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt


Gordon
Grant
Hawkins, L. R.
O'Malley
Patchett



Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Steele
Tygart
Ward
Watt
Wetherell
Williams
Woodburn
Woodruff
Young



Upchurch
Webster
Weinstock



Votes after roll call:
Nays-Batchelor, Liberti
Yeas to Nays-Sheldon
So the bill passed and was certified to the Senate.

Motions Relating to Committee References
On motion by Rep. Martin, agreed to by two-thirds vote,
CS/HB 7 was taken from the Calendar and referred to the
Committee on Ethics & Elections.

On motion by Rep. Bell, agreed to by two-thirds vote, HJR
9 was taken from the Calendar and recommitted to the Com-
mittee on Criminal Justice.
On motion by Rep. Pajcic, agreed to by two-thirds vote, HB
423 was taken from the Calendar and recommitted to the Com-
mittee on Finance & Taxation.

On point of order by Rep. Morgan, Chairman, that they do
not affect appropriations, the following bills were withdrawn
from the Committee on Appropriations and placed on the
Calendar: CS/HB 80, HB's 108, 288, 307, 308 and 361.

Consideration of the Special and Continuing Order

HB 393--A bill to be entitled An act relating to citrus excise
taxes; amending s. 601.15(7) (f), Florida Statutes; removing
the 3-year limitation on authority of the Florida Citrus Com-
mission to expend a percentage of said taxes on certain domestic
advertising; authorizing said commission to expend an addi-
tional percentage of said taxes on certain foreign advertising;
providing an effective date.
-was read the second time by title and, under Rule 8.19,
referred to the Engrossing Clerk.

HB 424-A bill to be entitled An act relating to probate and
the administration of estates and filing of tax claims by the
Department of Revenue; amending s. 198.35, Florida Statutes,
deleting reference to a date with respect to estate and inherit-
ance tax laws to conform Florida law to the most recent
changes in the United States Internal Revenue Code; amending
s. 731.111(2), Florida Statutes, providing for filing of a claim
by the Department of Revenue within 30 days after the filing of
an amended inventory; providing an effective date.
-was read the second time by title and, under Rule 8.19,
referred to the Engrossing Clerk.

HB 425-A bill to be entitled An act relating to homestead
exemptions; amending s. 196.161(1) (a), Florida Statutes; re-
vising interest rate on taxes due on property of certain deceased
nonresidents which was allowed a homestead exemption; pro-
viding an effective date.
-was read the second time by title and, under Rule 8.19,
referred to the Engrossing Clerk.



Morgan
Myers
Nergard
Nuckolls
Ogden
Patterson
Plummer, J.
Price
Ready
Richmond
Robinson
Sample
Shackelford
Sheldon


Reynolds
Rosen
Sadowski
Silver
Thompson



HB 21-A bill to be entitled An act relating to trespass upon
grounds or facilities of public schools; amending s. 228.091-



HB 426--A bill to be entitled An act relating to ad valorem
taxation; designating parts I-VIII of chapter 197, Florida
Statutes; transferring and renumbering various sections;
amending ss. 190.024, 193.1145(10) (a), 197.013(5), 197.116(9),
197.226(1), 336.59(2), and 582.44, Florida Statutes, correcting
cross references; repealing s. 197.356, Florida Statutes, relating
to implementation of revisions of chapter 197; providing an
effective date.
-was read the second time by title and, under Rule 8.19,
referred to the Engrossing Clerk.

HB 176---A bill to be entitled An act relating to sunset re-
view; providing intent; repealing section 2 of chapter 81-4,
section 7 of chapter 81-67, section 2 of chapter 81-101, section
6 of chapter 81-115, section 3 of chapter 81-117, section 2 of
chapter 81-134, section 3 of chapter 81-148, section 5 of chapter
81-152, section 4 of chapter 81-156, section 7 of chapter 81-172,
section 21 of chapter 81-177, section 12 of chapter 81-179, sec-
tion 6 of chapter 81-184, section 2 of chapter 81-194, section 8
of chapter 81-209, section 2 of chapter 81-215, section 6 of
chapter 81-227, section 2 of chapter 81-253, section 3 of chapter
81-282, section 6 of chapter 81-289, section 25 of chapter 81-
292, sections 15, 18, 21, 24, and 26 of chapter 81-302, and
subsection (1)(q) of section 2 of chapter 81-318, Laws of Flor-
ida, all of which provide conflicting repeal dates for various
provisions of the Florida Statutes scheduled for future review
and repeal in accordance with the Regulatory Sunset Act;
repealing ss. 231.381(2), 400.023(2), 400.063(5), 400.126(12),
400.179(5), 400.418(2), 400.419(7), 400.422(13), 400.426(2),
400.428(9), 400.429(2), 400.435(4), 400.452(2), 400.454(3), 624.-
031(2), and 626.342(4), Florida Statutes, 1980 Supplement, and
ss. 627.574(3), 627.575(3), and 627.669(6), Florida Statutes,
removing obsolete review and repeal provisions; repealing sec-
tion 3 of chapter 81-57, section 2 of chapter 81-74, and section
6 of chapter 81-81, Laws of Florida, which schedule ss. 468.-
144, 509.291, and 616.251, Florida Statutes, respectively, for
review and repeal pursuant to the Sundown Act on dates other
than those on which the same sections are scheduled for review
and repeal pursuant to the Regulatory Sunset Act; providing
an effective date.
-was read the second time by title and, under Rule 8.19,
referred to the Engrossing Clerk.

HB 449-A bill to be entitled An act relating to legislative
review of advisory bodies, commissions, and boards of trustees
adjunct to executive agencies; amending s. 11.611, Florida Stat-
utes; providing legislative intent; providing definitions; repeal-
ing various provisions of law relating to advisory bodies, com-
missions, and boards of trustees adjunct to executive agencies;
providing for review of such provisions prior to repeal; pro-
viding for periodic review of advisory bodies, commissions, and
boards of trustees adjunct to executive agencies which are
continued, reestablished, or created; prescribing criteria to be
used in such review; prescribing criteria to be used in con-
tinuing, reestablishing, or creating such units of government;
deleting provision for a joint select committee; providing for
minutes of meetings to be kept; providing for approval of
appropriations committees prior to expenditure of funds by
nonstatutory committees which have been in existence for 1
year; providing for the abolition of units of government and
the preservation of records; preserving certain causes of action;
providing for effect on pending prosecutions, investigations, or
disciplinary actions; amending s. 20.03(7), (8), and (10),
Florida Statutes, and adding a subsection; providing definitions;
adding a subsection to s. 216.031, Florida Statutes; providing
for a schedule to accompany executive agency budget requests;
requiring the Division of Statutory Revision to place a list of
repealed entities in the Florida Statutes; repealing chapter
78-323, Laws of Florida, and s. 11.6115, Florida Statutes, as
amended, relating to the Sundown Act; repealing various pro-
visions of the Laws of Florida which repeal various laws relat-
ing to advisory bodies, commissions, and boards of trustees
adjunct to executive agencies and which require such laws to
be reviewed pursuant to the Sundown Act; providing an effec-
tive date.
-was read the second time by title and, under Rule 8.19,
referred to the Engrossing Clerk.

THE SPEAKER PRO TEMPORE IN THE CHAIR



Nays-18
Burrall
Bush
Davis
Dyer
Girardeau



79



January 21, 1982











JOURNAL OF THE HOUSE OF REPRESENTATIVES



(1) (b) and (2) (b), Florida Statutes; providing that trespassing
upon grounds or facilities of public schools is a second degree
misdemeanor; providing that trespassing upon grounds or
facilities of public schools after being directed to leave is a
first degree misdemeanor; providing an effective date.
-was read the second time by title.

The Committee on Criminal Justice offered the following
amendment:
Amendment 1-On page 2, line 20, insert the following and
renumber subsequent sections: The chief administrative officer
of a school, or any employee thereof designated by him to
maintain order on such campus or facility, who has probable
cause to believe a person is trespassing upon school grounds
in violation of this section, may take such person into custody,
and detain him in a reasonable manner for a reasonable length
of time pending arrival of a law enforcement officer. Such
taking into custody and detention by an authorized person
shall not render that person criminally or civilly liable for false
arrest, false imprisonment, or unlawful detention. In the event
a trespasser is taken into custody, a law enforcement officer
shall be called to the scene immediately after the person is
taken into custody.

THE SPEAKER IN THE CHAIR

Rep. Martinez moved the adoption of the amendment, which
was adopted.

Representatives Rosen and Crotty offered the following
amendment:
Amendment 2-On page 1, line 25, after the word "school",
insert: except for employees exercising collective bargaining
rights who properly identify themselves to the chief adminis-
trative officer of the school or his designee,
Rep. Rosen moved the adoption of the amendment. On motion
by Rep. Messersmith, the amendment was laid on the table.
Under Rule 8.19, the bill was referred to the Engrossing
Clerk.

HB 396-A bill to be entitled An act relating to postsecondary
education; amending s. 240.335, Florida Statutes, requiring
community college boards of trustees to eradicate discrimination
in granting salaries and to file annual reports; amending s.
240.359(3)(d), Florida Statutes, eliminating a duplicative and
contradictory statutory requirement that community colleges
offer free courses to the elderly under certain circumstances;
adding a subsection to s. 240.365, Florida Statutes, providing
for the cancellation of the registration of students with delin-
quent accounts; amending s. 240.513(3)(b), (e), and (f), Florida
Statutes, providing for appropriation for Shands Teaching Hos-
pital to the J. Hillis Miller Health Center; amending s. 242.-
62(2) (c) and (d) and (3), Florida Statutes, providing for
appropriation for the first accredited medical school to the
Department of Education; amending s. 243.151(1) and (3),
Florida Statutes, providing for the length of lease agreements
under specified conditions and for universities to negotiate
agreements under this section; amending s. 381.503(3) (a) and
(b), (4), (5)(c), (6), (7), and (8), Florida Statutes, providing
for community hospital education within the Department of
Education; providing an effective date.
-was taken up, having been read the second time on January
19, and amended, now pending on motion by Rep. Rosen to
adopt the following amendment:

Amendment 2-On page 4, lines 22-24, strike all of said lines
and insert: 6. Reimbursement to the hospital for indigent
ptitiemnte state mndatted pregramni ;tnde? tfunded etate s pe-
gram, and cost to the hospital for support of the teaching and
The question recurred on the adoption of the amendment.
Rep. Crawford raised a point of order under Rule 11.8 that
the amendment was not germane. The Speaker ruled the point
not well taken and the amendment in order. Without objection,
the amendment was withdrawn.



Representatives Kiser and Gallagher offered the following
amendment:



Amendment 3-On page 10, between lines 28 & 29, insert:
Section 8. Subsection (5) is added to section 240.235, Florida
Statutes, to read:
240.235 Fees.-
(5) If the university collects discretionary additional fees
approved by the Board of Regents, only those students who
have indicated, by marking a box or otherwise indicating in
writing, a positive desire to pay such a fee shall be assessed
the fee. (renumber subsequent section)

Rep. Kiser moved the adoption of the amendment.
Rep. Burnsed raised a point of order, under Rule 11.8, that
the amendment was not germane. Although the bill speaks to
Chapter 240, Section 240.235, which Rep. Kiser seeks to amend,
is not addressed in the bill. Pending consideration thereof,
further consideration of HB 396 was temporarily deferred.

Presentation of Former Member
Rep. B. L. Johnson presented the Honorable H. C. "Hub"
Barnhill, former Member of the House from Beaver Creek,
Okaloosa County, who served in the 1945 and 1947 Sessions.

Rep. Bell moved that the House stand in recess, upon the
completion of Introduction and Reference and the receiving
of Reports, for the purpose of holding committee meetings and
conducting other House business, to reconvene at 10:30, Monday,
January 25. The motion was agreed to.
Prime Sponsors
HB 6-Cox
HB 371-Morgan
Co-sponsors
HB 39-Burrall, Webster, Brantley
HB 154-Ewing
HB's 156, 353-Kimmel
HB 289-J. H. Smith
HB 296-Fontana, Nergard, L. J. Smith, Thomas
HB 319-Kelly
HB 371-Batchelor, C. F. Jones, L. J. Smith
HJR 427-Ewing, Foster, W. R. Hodges, Williams, Nuckolls
HB 2-Nergard, Drage, D. L. Jones, Ready, Steele, Ward,
Grant, Dyer, Allen, C. R. Smith, Cox
HB 3-Drage, D L. Jones, Ready, Steele, Ward, Grant,
Dyer, Allen, C. R. Smith, Cox
HB's 36, 155, 221, 559, HJR 219-Nergard
HB 62-Nuckolls
HB 197-Ewing, Foster, Nergard, Shackelford, Grant, Robin-
son, Nuckolls
HB 240-Drage, Ewing, Foster, R. C. Johnson, Myers, Tygart,
Ready, Robinson, Nuckolls, Webster, Crotty
CS/HB 332-Carpenter, M. E. Hawkins, Brodie
HB 464-Myers, Drage
HB's 222, 347-A. E. Johnson
HB 231-Nuckolls, Boles
HB 337-Davis
HB 467-Hazouri
HM 522-Sheldon
CS/HB 296-Steele, Sheldon, A. E. Johnson, Lippman, Ward,
C. R. Smith, Mann, Lehtinen, Cox, Ewing, Bell, Allen
HB 390-Brodie

Introduction and Reference
First Reading by Publication

By the Committee on Insurance-
HB 607-A bill to be entitled An act relating to insurance
and matters connected therewith; providing that chapters 624
through 632, Florida Statutes, and Part I of chapter 641, Flor-
ida Statutes, shall constitute the "Florida Insurance Code";
amending and revising chapters 624, relating to administration
and general provisions, 625, relating to accounting, investments



and deposits, 626, relating to field representatives and opera-
tions, 627, relating to rates and contracts, 628, relating to the
organization and procedures of stock and mutual insurers, 629,
relating to reciprocal insurers, 630, relating to alien insurers
and the trustee assets and domestication thereof, 631, relating
to insurer insolvency and the guaranty of payment, and 632,



80



January 21, 1982













relating to fraternal benefit societies, all Florida Statutes, which
comprise the current "Florida Insurance Code"; amending and
revising Part I of chapter 634, Florida Statutes, relating to
automobile inspection and warranty associations, amending s.
637.427, Florida Statutes, relating to preexisting dental service
plan corporations; amending and revising chapter 641, Florida
Statutes, relating to hospital and medical service plans, and
health maintenance organizations; repealing chapter 649, Flor-
ida Statutes, relating to automobile clubs; creating s. 624.21,
Florida Statutes, relating to automobile services which are to
be exempt from the code; amending and revising s. 768.54(2)
and (3), Florida Statutes, relating to the limitation of liability
for negligence and the Florida Patient's Compensation Fund;
adding paragraph (d) to s. 95.11(5), Florida Statutes, relating
to the statute of limitations on actions against any guaranty
association; amending various provisions of Florida Statutes,
to correct cross references, and to otherwise conform to the
provisions of this act; providing for continuation, review, and
repeal in accordance with the Regulatory Sunset Act and other-
wise; providing effective dates.
Referred to the Committee on Appropriations.

By Representative Meek-
HB 629-A bill to be entitled An act relating to child care
facilities; amending s. 402.305(1), Florida Statutes, providing
educational and professional requirements with respect to the
owners or operators of child care facilities; providing for
review and repeal in accordance with the Regulatory Sunset
Act; providing an effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representative Meek-
HB 630-A bill to be entitled An act relating to the Depart-
ment of Health and Rehabilitative Services; providing legis-
lative intent; establishing a child care worker training program
within the department to provide an educational program for
training child care workers at detention care facilities; pro-
viding criteria for the program; providing rules; providing an
effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By the Committee on Health & Rehabilitative Services-
HB 631-A bill to be entitled An act relating to the human
rights advocacy committees; amending s. 20.19(6)(f) and
(7)(g), Florida Statutes, providing the committees access to
client records which are in the physical custody of the Depart-
ment of Health and Rehabilitative Services; providing for
review and repeal in accordance with the Sundown Act; pro-
viding an effective date.
Placed on the Calendar without reference.

By Representative G. Hodges-
HB 632-A bill to be entitled An act relating to Citrus
County, Homosassa Special Water District; amending Section 1
of Chapter 59-1177, Laws of Florida, as amended, by increasing
the territorial limits of the district; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representatives Hazouri, Bankhead, Crady, Tygart, Girar-
deau, Ogden, Lewis, Thomas, Pajcic, and A. E. Johnson--
HB 633-A bill to be entitled An act relating to the City
of Jacksonville; repealing article 29 of chapter 67-1320, Laws
of Florida, as amended, the "Independent Agency Sunset Law
of 1977"; providing that this act shall not affect any termina-
tion occurring before the effective date hereof; providing an
effective date.



Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.



81



By the Committee on Criminal Justice-
HB 634-A bill to be entitled An act relating to the Depart-
ment of Law Enforcement; adding subsection (4) to s. 943.054,
Florida Statutes, authorizing the department to accept finger-
prints of Florida Bar applicants and to exchange criminal
history records with the Florida Board of Bar Examiners;
amending s. 943.058, Florida Statutes, relating to the sealing or
expunction of criminal history records; providing an effective
date.
Placed on the Calendar without reference.

By Representatives Hazouri, Bankhead, Crady, Tygart, Girar-
deau, Pajcic, and A. E. Johnson-
HB 635-A bill to be entitled An act relating to local govern-
ment in the city of Jacksonville; adding a new subsection (23)
to section 19.05 of chapter 67-1320, Laws of Florida, as amended,
being the charter of the city of Jacksonville, to exempt as-
sistant management improvement officers from the classified
civil service; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Community Affairs.

By Representative Thomas-
HB 636-A bill to be entitled An act for relief of Michael
A. Cliffin, surviving spouse of Sarah L. Cliffin, and Michael
Cliffin II, a minor; providing an appropriation to compensate
them for the death of Sarah L. Cliffin; providing an effective
date.
Referred to the Committee on Judiciary.

By Representative G. Hodges-
HB 637-A bill to be entitled An act relating to the City of
Chiefland, Levy County; amending chapter 63-1213, Laws of
Florida, the city charter, to decrease the membership of the city
commission from six to five members, and to otherwise conform
the charter to reflect changes in provisions made obsolete by
judicial decision or amendments to general law; providing an
effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Crady-
HB 638-A bill to be entitled An act relating to state agencies;
providing that state agencies are liable for certain costs incurred
by persons who successfully defend certain actions against them
by the agencies; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Reynolds-
HB 639-A bill to be entitled An act relating to collective
bargaining; providing for the payment of a service representa-
tion fee to an employee organization or labor organization by
all employees represented by the organization; providing an
effective date.
Referred to the Committee on Retirement, Personnel &
Collective Bargaining.

By the Committee on Transportation-
HB 640-A bill to be entitled An act relating to Department
of Transportation construction contracts; amending s. 337.18(2),
Florida Statutes, providing a schedule for liquidated damages
with respect to the failure of certain contractors to complete
work on time; providing an effective date.
Placed on the Calendar without reference.

By the Committee on Transportation-



HB 641-A bill to be entitled An act relating to drivers'
licenses; amending s. 322.264(1) (d), Florida Statutes, excluding
certain convictions for driving while under a license suspension



January 21, 1982



JOURNAL OF THE HOUSE OF REPRESENTATIVES











82



from a list of offenses for which one may be treated as an
"habitual traffic offender"; providing an effective date.
Referred to the Committee on Appropriations.

By the Committee on Transportation and Representatives
Dunbar, Rosen, Webster, O'Malley, Shackelford, and Wein-
stock-
HB 642-A bill to be entitled An act relating to consultants'
competitive negotiations; amending s. 287.055(4) and (5), Florida
Statutes, and adding a new subsection (5), limiting existing
competitive selection and negotiation provisions to projects for
which the agency is unable to clearly define the scope of work
required with respect to certain professional services; providing
separate procedures for the procurement of professional services
with respect to projects for which the scope of work can be
defined; providing an effective date.
Placed on the Calendar without reference.

By Representatives Morgan and Price-
HB 643-A bill to be entitled An act relating to landlord and
tenant; amending s. 83.801, Florida Statutes, eliminating the
"Mini-self-storage Landlord and Tenant Act" and creating the
"Self-storage Facility Act"; amending s. 83.803, Florida Stat-
utes, providing definitions; amending s. 83.805, Florida Statutes,
providing a lien for certain obligations due under the act; cre-
ating s. 83.8055, Florida Statutes, providing for denial of access
to personal property located in a self-storage facility under
certain circumstances; amending s. 83.806, Florida Statutes,
providing for enforcement of liens, for notice and for sale of
property; providing for advertisement of sale; providing for
the sale or disposition of property governed by the act; cre-
ating s. 83.808, Florida Statutes, relating to contractual liens
and agreements: creating s. 83.809, Florida Statutes, providing
for the application of the act; repealing ss. 83.802, 83.804, and
83.807, Florida Statutes, relating to application of the part, to
obligations created by the act, and to postjudgment procedures
under the "Mini-self-storage Landlord and Tenant Act"; pro-
viding for severability; providing an effective date.
Referred to the Committee on Judiciary.

By Representatives C. A. Hall and Reynolds-
HB 644-A bill to be entitled An act relating to local law
enforcement assistance; amending s. 220.11(2), Florida Statutes,
increasing the corporate income tax to 6 percent of net income;
creating s. 943.265, Florida Statutes, creating a Local Law En-
forcement Assistance Trust Fund administered by the Bureau
of Criminal Justice Assistance of the Department of Veteran
and Community Affairs to assist qualified local law enforce-
ment agencies, the judiciary, and the Department of Corrections
in combating certain crimes; providing that the increase in the
corporate income tax shall be deposited in the fund; providing
criteria for eligibility; prohibiting the expenditure of funds for
certain purposes; providing an effective date.
Referred to the Committees on Criminal Justice, Finance
& Taxation, and Appropriations.

By Representative Price-
HB 645--A bill to be entitled An act relating to municipal
annexation; amending s. 171.044(2), Florida Statutes; delet-
ing the requirement that a proposed ordinance for voluntary
annexation be advertised for 4 weeks prior to adoption; pro-
viding an effective date.
Referred to the Committee on Community Affairs.

By Representative Price (by request)-
HB 646-A bill to be entitled An act for the relief of Thomas
J. Martin and Carolyn M. Martin, husband and wife; providing
an appropriation to compensate them for damages sustained



as a result of the termination of a 7-year license to operate
a private motor vehicle safety equipment inspection station;
providing an effective date.
Referred to the Committee on Judiciary.



January 21, 1982



By Representative Sadowski-
HB 647--A bill to be entitled An act relating to handguns;
creating s. 790.062, Florida Statutes, requiring a 72-hour delay
before delivery of a handgun by a dealer; requiring a record
of sale; providing penalties; providing an exception; providing
an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Sadowski, Girardeau, and Sheldon-
HJR 648-A joint resolution proposing the creation of Sec-
tion 19 of Article III of the State Constitution relating to
legislative privilege.
Referred to the Committee on Judiciary.

By Representative Richmond-
HB 649-A bill to be entitled An act relating to alcoholic
beverages; creating s. 561.525, Florida Statutes, providing a
credit for alcoholic beverages rendered unsalable by virtue of
breakage while in the hands of a retailer prior to retail sale;
providing a method for the delivery of the breakage merchan-
dise to the Division of Alcoholic Beverages and Tobacco; pro-
viding for the issuance of a credit memo by the division; pro-
viding for the granting of credit to the vendor by the dis-
tributor and the reporting of such credit to the division; pro-
viding an effective date.
Referred to the Committees on Regulated Industries &
Licensing, Finance & Taxation, and Appropriations.

By Representative Patchett-
HB 650-A bill to be entitled An act relating to Brevard
County; amending section 7 of chapter 63-1143, Laws of Florida,
increasing to seven the number of members on the Titusville-
Cocoa Airport Authority; amending section 9 of chapter 63-1143,
Laws of Florida, as amended, providing for described budget
procedures; amending section 26 of chapter 63-1143, Laws of
Florida, as created by chapter 81-348, Laws of Florida, re-
lating to Titusville-Cocoa Airport District in Brevard County
and the City of Titusville; limiting the use of certain real
property owned by Titusville-Cocoa Airport District; prohibiting
the Authority from constructing or erecting any building or
improvement which will have the effect of impairing the use
of certain property as a public well field; providing an effec-
tive date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Foster-
HB 651-A bill to be entitled An act relating to public health;
creating s. 381.4985, Florida Statutes, providing that state law
concerning certificates of need for health facilities shall not
apply to certain counties; providing an effective date.
Referred to the Select Committee on Health Care Cost Con-
tainment & Planning.

By Representative J. H. Smith-
HB 652-A bill to be entitled An act relating to medical
examiners; amending ss. 406.07 and 406.08, Florida Statutes,
providing that the Department of Law Enforcement, rather
than the counties, shall pay fees, salaries, and expenses of
medical examiners; authorizing other state agencies to pay for
medical examiner services; amending s. 406.10, Florida Statutes,
requiring the department to provide autopsy facilities to medical
examiners; amending s. 406.16, Florida Statutes, requiring the
department, rather than the counties, to provide professional
liability insurance to medical examiners; exempting the depart-
ment from certain liability; providing an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Cosgrove-



HB 653-A bill to be entitled An act relating to recovery
of stolen property; amending s. 715.041, Florida Statutes;
defining the term "secondhand dealer"; requiring a secondhand



JOURNAL OF THE HOUSE OF REPRESENTATIVES











JOURNAL OF THE HOUSE



dealer to maintain a record of the identification of any person
from whom he receives property and, upon request, to provide
this information to any law enforcement agency or officer
thereof; providing for the recovery by the lawful owner of
stolen property possessed by a secondhand dealer; providing for
restitution to the secondhand dealer under certain circum-
stances; providing an exception; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Hazouri, Bankhead, Crady, Tygart, Girar-
deau, Ogden, Lewis, Thomas, Pajcic, and A. E. Johnson-
HB 654-A bill to be entitled An act relating to Duval Coun-
ty; repealing section 12, chapter 81-402, Laws of Florida, relat-
ing to the unlimited grant of authority to the council of the
City of Jacksonville over the civil service system and employ-
ment policy effective July 1, 1986; amending section 13, chapter
81-402, Laws of Florida, deleting a reference to the repealed
section; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Community Affairs.

By Representative L. J. Hall-
HB 655-A bill to be entitled An act relating to motor
vehicle licenses; creating s. 320.0895, Florida Statutes; pro-
viding for special license tags for assigned or attached mem-
bers of troop program units of any branch of the active reserve
components of the United States Armed Forces; providing an
effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representative B. L. Johnson-
HB 656-A bill to be entitled An act relating to public utili-
ties; creating s. 366.066, Florida Statutes, prohibiting more
than one rate increase in any 2-year period for any public
utility; excluding fuel adjustment charges; providing for review
and repeal in accordance with the Regulatory Sunset Act; pro-
viding an effective date.
Referred to the Committee on Energy.

By Representative B. L. Johnson-
HB 657-A bill to be entitled An act relating to controlled
substances; adding a new paragraph (d) to s. 893.13(1), Florida
Statutes, prohibiting the sale of controlled substances by an
adult to a minor on public school property; amending s. 893.15,
Florida Statutes, correcting a cross reference; providing an
effective date.
Referred to the Committee on Criminal Justice.

By Representative B. L. Johnson-
HB 658-A bill to be entitled An act relating to public utili-
ties; creating s. 366.0415, Florida Statutes, defining the term
"back billing"; prohibiting public utilities from engaging in
back billing; providing for review and repeal in accordance with
the Regulatory Sunset Act; providing an effective date.
Referred to the Committee on Energy.

By Representative B. L. Johnson--
HB 659-A bill to be entitled An act relating to Santa Rosa
County; creating the Midway Fire Protection and Rescue Serv-
ice District within the county; providing definitions; provid-
ing for the election, membership, terms, compensation and du-
ties of the Board of Commissioners of the district; providing
for the filling of vacancies on the board; authorizing the
board to employ necessary personnel; authorizing the board
to levy special taxes on the property within the district; pro-
viding a millage on real property; authorizing the property
appraiser and tax collector of the county to take certain actions



to assist the board; providing that assessments by the board
shall be enforced as are tax assessments by the county; au-
thorizing the board to borrow money to issue revenue antici-
pation certificates and to pledge certain liens; exempting the



January 21, 1982



as amended, to provide for examination, rather than evaluation,
of persons by receiving facilities, and to provide that no re-
ceiving facility shall be required to accept for examination and
treatment any person with certain felony charges pending;
amending s. 394.463, Florida Statutes; providing for involun-
tary examination of persons at receiving facilities under cer-



SOF REPRESENTATIVES 83

commissioners from certain liability; restricting the use of
funds of the district by the board; authorizing the board to
purchase or lease certain fire equipment and a fire department;
authorizing the board to adopt rules and regulations; requiring
the board to make annual reports; authorizing the board to
enact and enforce a fire prevention ordinance; providing a
procedure for bringing suit against the board or a member
thereof; providing for a referendum.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative B. L. Johnson-
HB 660-A bill to be entitled An act relating to Santa Rosa
County; adding certain lands to be included in the Avalon
Beach-Mulat Fire Protection District; providing for a refer-
endum and providing an effective date.
Referred to the Committee on Community Affairs.

By Representative Drage-
HB 661-A bill to be entitled An act relating to property
owned by local governments; amending s. 274.02, Florida Stat-
utes; increasing the minimum value of property which must
be marked, recorded, and inventoried; providing for periodic
adjustment of such value; providing an effective date.
Referred to the Committee on Community Affairs.

HB 662-Withdrawn

By Representatives Pajcic, Hazouri, Bankhead, Crady, Tygart,
Girardeau, Ogden, Lewis, Thomas, and A. E. Johnson-
HB 663-A bill to be entitled An act relating to the City
of Jacksonville; amending chapter 67-1320, Laws of Florida, as
amended, being the charter of the City of Jacksonville, by
adding Article 28, recreating the Jacksonville Downtown De-
velopment Authority, having the general function and purpose
of planning, coordinating, and assisting in the implementation
of the revitalization and redevelopment of the Jacksonville down-
town area; providing for its membership, powers and duties;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Dunbar-
HB 664-A bill to be entitled An act relating to drivers' li-
censes; amending s. 322.16(2), Florida Statutes, revising age
requirements and other criteria with respect to restricted
drivers' licenses; amending s. 322.18(5), Florida Statutes,
and adding subsection (9) thereto, limiting the period dur-
ing which a restricted operator's license is valid; amending
s. 322.21(1), Florida Statutes, providing a $1 fee in addition
to other fees for the issuance of a restricted operator's license;
providing an effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representative Burnsed-
HB 665-A bill to be entitled An act relating to mental
health; amending s. 394.453, Florida Statutes, modifying intent;
amending s. 394.455(2), (3), (13), (17), (20), (21), and (22),
Florida Statutes, adding and modifying definitions; amending
s. 394.457(2), (5) (a), and (6)(b), Florida Statutes, modifying
departmental responsibilities, providing for rules, and correct-
ing a cross reference; amending s. 394.459(1), (2), (3) (a),
(4)(b), (5)(d) and (e), (9)(a) and (b), and (11), Florida
Statutes, and adding subsection (14) thereto, relating to rights
of patients; amending s. 394.460, Florida Statutes, relating to
rights of professionals; amending s. 394.461(1), Florida Stat-
utes, and adding a paragraph to subsection (4) of said section,











;84



tain conditions; providing procedure; providing for disposition
upon examination; providing for notice of release; amending
s. 394.465(2)(b) and (5), Florida Statutes, clarifying a refer-
ence and providing for transfer of patients from voluntary to
involuntary status under certain conditions; amending s.
394.467(1)(b), (2), (3), and (4)(a) and (h), Florida Statutes,
relating to involuntary placement; providing conditions there-
for; modifying procedure for admission; limiting waiver of
hearings; providing for informality; correcting references;
deleting provisions relating to competency hearings conducted
by hearing examiners; amending s. 394.469(2) and (3), Florida
Statutes, and adding a subsection to said section, relating to
discharge of patients, modifying notice requirements; amending
s. 394.473, Florida Statutes, clarifying references and deleting
certain provisions relating to persons adjudged incompetent;
amending s. 394.4781(1)(a), Florida Statutes, clarifying a
reference; providing an effective date.
Referred to the Committees on Health & Rehabilitative
Services and Appropriations.

By Representative Woodruff-
HB 666-A bill to be entitled An act relating to fireworks;
amending s. 791.01(2), Florida Statutes; excluding specified
items from the definition of "fireworks" and permitting the
sale of such excluded items; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Woodruff-
HB 667-A bill to be entitled An act relating to tax on sales,
use and other transactions; amending ss. 212.03(1), (3) and
(6), 212.031(1)(c) and (d), 212.04(1), 212.05, 212.055(1), 212.-
06(1)(a), 212.08(3) and (11)(c), 212.20(1) and 125.0165(1),
Florida Statutes, and amending s. 212.12(10) and (11), Florida
Statutes, and adding a new subsection (12); increasing said
tax; specifying that the proceeds of said increase be allocated
to the municipalities and counties and used to reduce ad valorem
taxation; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representatives Grant, Martinez, Moffitt, Carpenter,
Clements, Sheldon, Davis, and Foster-
HB 668-A bill to be entitled An act relating to Hillsborough
County; creating a special district for the purpose of con-
tinued development, administration, and maintenance of prop-
erties for recreational and related activities for the unincor-
porated area known as Twelve Oaks Subdivision as set forth
according to the public records of Hillsborough County; pro-
viding for the administration of the affairs of said district by
a board of nine (9) trustees and defining their powers and
duties; providing for the qualification of electors in the dis-
trict and the manner of conducting the first election of the
board of trustees and for annual election of trustees thereafter;
providing for removal of trustees and appointment to fill va-
cancies; providing for the assessment and collection of a
special district tax assessed against each improved residential
parcel of real property within the district; providing that such
district tax shall be a lien against each parcel of land so
assessed and for the method of collecting such tax; providing
for the deposit and disbursement of funds of the district;
establishing a fiscal year and providing for publication of
annual financial statements; authorizing the trustees of the
district to issue bonds and other obligations of the district
.and to secure the same by pledge of tax revenues and other
property of the district; authorizing the trustees of the dis-
trict to acquire and dispose of real and personal property
for the general purposes of the district; authorizing the
trustees of the district to promulgate rules and regulations
for the use of facilities of the district; providing conditions
precedent to the filing of suit against the district or any
of the trustees thereof; relieving individual trustees from
personal liability for obligations of the district; defining terms;
providing for a special referendum within the district before
this act may be effective; providing for audit of district
funds; providing an effective date.



Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.



January 21, 1982



By Representatives Clements, Martinez, Grant, Moffitt,
Foster, Carpenter, Sheldon, and Davis-
HB 669-A bill to be entitled An act relating to the City
of Plant City, Hillsborough County; providing definitions;
providing a statement of policy; providing a method for de-
fining the downtown area; creating a board to be known as
the Plant City Downtown Development Authority; providing
for composition of the board; providing for appointment, term
of office, compensation, bonding, and liability of the mem-
bers of the board; providing for filling vacancies in office;
providing for bylaws and internal governance of the board;
prescribing the functions and powers of the board; provid-
ing for the county to levy an ad valorem tax of not more
than 2 mills; providing for records and fiscal management;
providing for the issuance of revenue certificates; provid-
ing for succession by the city if the board ceases to exist
or operate; providing for a referendum; prescribing the scope
of this act; providing for liberal interpretation; providing
legislative intent; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Woodruff-
HB 670-A bill to be entitled An act relating to trans-
portation of school children; amending s. 234.02(1), Florida
Statutes, requiring school boards to annually examine certain
motor vehicles used to transport pupils to schools and to
charge a fee therefore; authorizing the Florida Highway Patrol
to conduct such examination and to charge a fee therefore in
certain circumstances; amending s. 316.615(1)(a) and (3)(a),
Florida Statutes, specifying a cross reference and correcting
a cross reference; amending s. 321.05(1), Florida Statutes,
relating to the powers and duties of the Florida Highway
Patrol; repealing s. 316.615(4), Florida Statutes, relating to
the requirement that the Department of Highway Safety and
Motor Vehicles inspect certain motor vehicles used to transport
"pupils to schools; providing an effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representative Patterson-
HB 671-A bill to be entitled An act relating to unemploy-
ment compensation; amending s. 443.036(31), Florida Statutes;
excluding certain meals and lodging from the definition of
"wages"; providing retroactivity; providing an effective date.
Referred to the Committee on Commerce.

By Representative Weinstock-
HB 672-A bill to be entitled An act relating to public rec-
ords; amending s. 119.01, Florida Statutes; directing agencies
to establish a program for the disposal of certain records;
amending s. 119.021, Florida Statutes; providing for the
designation of custodians of public records; amending s. 119.-
031, Florida Statutes; providing requirements for the storage
of vital, permanent, or archival records; amending s. 119.041,
Florida Statutes; providing requirements for the destruction of
records; amending s. 119.09, Florida Statutes; directing that
public officials shall prepare an inventory of records in their
custody and that the Division of Archives, History and Rec-
ords Management shall establish a time period for the retention
or disposal thereof; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representative Myers-
HB 673-A bill to be entitled An act relating to community
development districts; amending s. 190.002(2), (3), Florida
Statutes; deleting the distinction between such districts which
are under 1,000 acres and those 1,000 acres or larger; amend-
ing s. 190.005, Florida Statutes; providing that such districts
shall only be established by county or municipal ordinance;
amending s. 190.006(1), Florida Statutes; requiring members
of a board of supervisors of a district to be citizens of the
United States; amending s. 190.007(3), Florida Statutes: au-



thorizing deposit of district funds only in a qualified public
depository; renumbering s. 190.021(4), (5), (6), Florida Stat-
utes, and adding a new subsection (4) to said section; providing
a limitation on taxes levied by district supervisory boards;



JOURNAL OF THE HOUSE OF REPRESENTATIVES











JOURNAL OF THE HOUSI



amending s. 190.025, Florida Statutes; deleting authority of
districts to pay delinquent state, county, district, and munici-
pal taxes on lands in their boundaries and share in the pro-
ceeds of a tax sale; providing an effective date.
Referred to the Committee on Community Affairs.

By Representative Danson-
HJR 674-A joint resolution proposing an amendment to
Section 6 of Article I of the State Constitution relating to
public employees.
Referred to the Committee on Retirement, Personnel &
Collective Bargaining.

By Representatives Grant, Hodes, Moffitt, Martinez, Foster,
Carpenter, Clements, Sheldon, and Davis-
HB 675-A bill to be entitled An act relating to Hills-
borough County and the Tampa Sports Authority; superseding
chapter 65-2307, Laws of Florida, as amended, and creating
and establishing the Tampa Sports Authority, for the purpose
of planning, developing and maintaining a comprehensive com-
plex of sports and recreational facilities; providing for the
method and manner of the appointment of and terms of its
membership; providing for its powers, functions, privileges,
duties and responsibilities; providing for the issuance by the
Authority of revenue bonds and refunding bonds to carry out
the purpose of this act and for the rights and remedies of
bondholders; providing for sources of revenues including appro-
priations from the City of Tampa and the Board of County
Commissioners of Hillsborough County to the Authority;
conveying certain real and personal property of the City of
Tampa to the Authority; authorizing the transfer of the powers,
functions, duties, responsibilities, obligations and properties
of the Authority to any government consolidating the govern-
ments of the City of Tampa and Hillsborough County; pro-
viding for employees of the Authority to be subject to the
provisions of civil service, providing for competitive bidding
of certain contracts, prohibiting trespass on Authority grounds;
providing a penalty; repealing chapters 65-2307, 67-2112, 69-
1123, 69-1134, 69-1142, 69-1656, 73-633, 74-614, 74-615, 74-616,
75-509, 75-515, 77-658, 77-659, 78-621, and 81-495, Laws of Flor-
ida, relating to the Tampa Sports Authority; providing periodic
review and codification; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Myers-
HB 676-A bill to be entitled An act relating to the purchase
of motor vehicles by state officials or employees; repealing
s. 116.12, Florida Statutes, which section makes it unlawful for
such persons to purchase a motor vehicle to be paid for out of
state funds unless there is a specific appropriation for such
vehicle; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representative Crady-
HB 677-A bill to be entitled An act relating to state pur-
chasing; creating s. 287.095, Florida Statutes, and adding a
new paragraph (m) to s. 945.21(1), Florida Statutes, to
exempt the purchase of raw materials for the prison industry
programs of the Department of Corrections from the general
purchasing requirements under the Department of General
Services; providing an effective date.
Referred to the Committees on Governmental Operations
and Appropriations.

By Representative Hattaway--
HB 678-A bill to be entitled An act relating to agricultural
cooperative marketing associations; amending s. 618.13, Florida
Statutes, to remove the requirement that the president and
vice presidents of any such association be elected from among
its directors; providing an effective date.



Referred to the Committee on Agriculture & General Leg-
islation.



January 21, 1982



HB 685-A bill to be entitled An act relating to education;
creating s. 232.257, Florida Statutes, to provide for a school
safety fund; providing a formula for distribution; providing
duties for school districts; providing responsibilities of the



SOF REPRESENTATIVES 85

By Representatives Fontana and Ogden-
HB 679-A bill to be entitled An act relating to the Division
of Pari-mutuel Wagering of the Department of Business Regu-
lation; amending s. 550.10(1), Florida Statutes; requiring the
licensing of bloodstock agents; providing a fee; providing an
effective date.
Referred to the Committee on Regulated Industries & Li-
censing.

By Representative Kimmel-
HB 680-A bill to be entitled An act relating to municipal
annexation; amending s. 171.044(1), Florida Statutes; providing
that an area to be annexed through voluntary annexation need
not be contiguous to the municipality if it is a reserve area
set aside for future annexation by the municipality; providing
an effective date.
Referred to the Committee on Community Affairs.

By Representative Robinson-
HB 681-A bill to be entitled An act relating to dentistry;
amending s. 466.018, Florida Statutes, requiring dental records
to indicate the dentist of record and the identity of other per-
sons performing dental treatment; creating a presumption that
treatment was provided by the dentist of record unless other-
wise indicated; creating s. 466.0215, Florida Statutes, prohibiting
persons other than licensed dentists from employing a dentist
or dental hygienist or from having certain proprietary interest
in the dental practice of a dentist, dental hygienist, or other
agent; providing exceptions; restricting certain interference
with a dentist's independent professional judgment; providing a
penalty; providing for repeal and review in accordance with
the Regulatory Sunset Act; providing an effective date.
Referred to the Committee on Tourism & Economic Devel-
opment.

By Representative Williams-
HB 682-A bill to be entitled An act relating to severance
tax on peat; adding subsections (20) and (21) to s. 211.30,
Florida Statutes; creating s. 211.325, Florida Statutes; imposing
a tax on the severance of peat or peat soil; providing for ad-
ministration and collection; requiring taxpayers to complete
reclamation and restoration programs upon severance sites; pro-
viding for return of specified unutilized revenues to the county
of severance; providing an effective date.
Referred to the Select Committee on Mining & Reclamation
and the Committees on Finance & Taxation and Appropria-
tions.

By Representative B. L. Johnson-
HB 683-A bill to be entitled An act relating to Santa Rosa
County; amending section 2(2) of chapter 80-608, Laws of
Florida, providing for correction of legal description of the
Avalon Beach-Mulat Fire Protection District within the county;
providing an effective date.
Proof of publication of the required notice was attached
Referred to the Committee on Community Affairs.

By Representatives Rosen and Young-
HB 684-A bill to be entitled An act relating to postsecondary
education; amending s. 240.529(2), Florida Statutes, changing
the ratio by which continued approval of specific teacher edu-
cation programs at institutions of higher learning is to be
determined; providing an effective date.
Referred to the Committee on Education, Higher.

By Representatives Rosen, Young, Spaet, Lehtinen, and Sa-
dowski-











86 JOURNAL OF THE HOUSE

Commissioner of Education; providing for rules; providing an
effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representatives Rosen, Young, and Sadowski-
HB 686-A bill to be entitled An act relating to education;
amending s. 236.013(2) (c), Florida Statutes, including certain
high school students taking courses at public community col-
leges and state universities within the term "full-time equiva-
lent student" for funding purposes; amending s. 236.083(1) and
(6), Florida Statutes, including such students within the de-
termination of school district transportation funding; authorizing
additional transportation funding; adding a new subsection (3)
to s. 236.122, Florida Statutes, authorizing school districts to
reimburse such colleges and universities for instructional ma-
terials for such students; adding a subsection to s. 240.235 and
a paragraph to s. 240.345(2), Florida Statutes, prohibiting such
colleges and universities from charging certain fees to such
students; adding a subsection to s. 240.271, Florida Statutes,
and amending s. 240.359(3)(g), Florida Statutes, and adding a
paragraph thereto, requiring state funding for such students;
providing an effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representative Rosen-
HB 687-A bill to be entitled An act relating to public busi-
ness; adding paragraphs to s. 119.07(3), Florida Statutes,
exempting from the public records law attorney files and
records protected by the attorney-client privilege and records
of insurance claim negotiations; adding a subsection to s. 286.011,
Florida Statutes, exempting from the public meetings law con-
sultations held to discuss pending or impending legal claims;
providing an effective date.
Referred to the Committee on Governmental Operations.

By Representatives Rosen and Sadowski-
HB 688-A bill to be entitled An act relating to education;
creating the "Intensive English Act of 1982"; providing legis-
lative intent; requiring development by each district school
board of a plan for a program in English for speakers of other
languages pursuant to rules of the State Board of Education;
specifying contents of each plan; amending s. 236.081(1) (c),
Florida Statutes, providing for funding; providing an effective
date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representatives Rosen, Sadowski, and Young-
HB 689-A bill to be entitled An act relating to public school
finance; amending s. 236.081(2) and (6) (a), Florida Statutes,
relating to the determination of district cost differentials for
the purpose of allocation of funds under the Florida Education
Finance Program; providing an effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representatives Rosen, Sadowski, and Young--
HB 690-A bill to be entitled An act relating to education;
creating s. 240.406, Florida Statutes; establishing a scholarship
loan program for teacher education in areas of critical short-
age, as determined by the State Board of Education; provid-
ing for award of scholarships; providing for payment and for
refunds; providing for renewal and repayment; providing for
rules of the State Board of Education; providing for admin-
istration of the program by the Department of Education; pro-
viding an appropriation; providing an effective date.
Referred to the Committees on Education, Higher and Appro-
priations.



,]



By the Committee on Transportation-
HB 691-A bill to be entitled An act relating to drivers'
licenses; amending s. 322.251(2), Florida Statutes, to provide



E OF REPRESENTATIVES January 21, 1982

for proof of notice by entry in the records of the Department
of Highway Safety and Motor Vehicles; amending s. 322.201,
Florida Statutes, to correct a cross reference; providing an
effective date.
Placed on the Calendar without reference.

By Representative Rosen-
HB 692-A bill to be entitled An act relating to higher
education; amending ss. 229.053(2) (d) and 229.551(3) (h), Flor-
ida Statutes, relating to the development and administration
of student assessment tests by the State Board of Education
and the Commissioner of Education; amending as. 240.233(5)
and 240.319(3)(r), Florida Statutes, to require universities and
community colleges to use certain tests as a condition of eligi-
bility for an associate degree and admission to upper division
programs; amending s. 120.52(14) (e), Florida Statutes, relating
to the exemption of tests from the definition of "rules" under
the Administrative Procedure Act, and s. 283.10(3), Florida
Statutes, relating to the requirement of bids on class B print-
ing, to conform with the provisions of this act; providing an
effective date.
Referred to the Committees on Education, Higher and Appro-
priations.

By the Committee on Energy-
HB 693-A bill to be entitled An act relating to the Florida
Thermal Efficiency Code; adding subsection (6) to s. 553.902,
Florida Statutes, to define "energy performance index or in-
dices"; creating s. 553.911, Florida Statutes, relating to the
display of the energy performance index on completed build-
ings; providing an effective date.
Placed on the Calendar without reference.

By Representative Patchett-
HB 694-A bill to be entitled An act for the relief of Auto
Clinic of Vero Beach, operated by Brendon Gila, providing an
appropriation to compensate him for the damages sustained as
a result of the termination of a license to operate a private
motor vehicle safety equipment inspection station; providing an
effective date.
Referred to the Committee on Judiciary.

By Representatives Rosen, Kimmel, and Young-
HB 695-A bill to be entitled An act relating to education;
amending s. 233.064, Florida Statutes, replacing Americanism
versus Communism with Comparative Political and Economic
Systems as a required public high school course; providing
course content; providing an effective date.
Referred to the Committees on Education, K-12 and Appro-
priations.

By Representative T. McPherson-
HB 696-A bill to be entitled An act relating to land and
water management; adding subsection (24) to s. 380.06, Florida
Statutes, creating a Committee for the Study of Conservation
and Economics in the Natural Environment; providing for the
membership of the committee; providing for appointment;
providing for the duties of the committee; providing for a
report to the Governor and Legislature; authorizing the com-
mittee to employ an executive director and staff; providing an
appropriation; providing an effective date.
Referred to the Committees on Natural Resources and Appro-
priations.

By Representative T. McPherson-



HB 697-A bill to be entitled An act relating to the Depart-
ment of Natural Resources; creating s. 861.045, Florida Stat-
utes, providing a third degree felony penalty for fleeing or
attempting to flee a Marine Patrol boat after a request to stop;
providing an effective date.
Referred to the Committee on Criminal Justice.











JOURNAL OF THE HOUSI



By Representative T. McPherson-
HB 698-A bill to be entitled An act relating to pollution
control; amending s. 403.062, Florida Statutes, providing that
the Department of Environmental Regulation shall have the
sole authority to establish standards of water quality and
effluent limitations; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative T. McPherson-
HB 699-A bill to be entitled An act relating to public
officers and employees; amending s. 112.061(5)(b), (6) and
(7)(d), Florida Statutes, as amended; revising travel times on
which meal allowances are based and reimbursement rates for
certain travel within the state; revising per diem, meal, and
mileage allowances; amending s. 14.071(4), Florida Statutes;
correcting a cross reference and revising travel allowances; pro-
viding an effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

By Representative T. McPherson-
HB 700-A bill to be entitled An act relating to beach and
shore preservation; amending s. 161.041, Florida Statutes, pro-
viding that beach access be a consideration during the permit
review process for certain activities on sovereignty lands;
amending s. 161.053(1) and (4), Florida Statutes, further
defining the dune areas to be protected through the establish-
ment of coastal construction control lines; providing that the
Department of Natural Resources may establish coastal con-
struction control lines landward of the impact zone of a
100-year storm surge under certain conditions; requiring special
siting and design considerations seaward of established coastal
construction control lines; providing that the department con-
sider design features, location, and cumulative effects of pro-
posed activities in the permit review process; deleting un-
necessary language regarding the department's authority to
grant permits; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Patchett-
HB 701-A bill to be entitled An act relating to the Sebastian
Inlet District of Indian River and Brevard Counties; amending
section 4 of chapter 7976, Laws of Florida, 1919, as amended;
providing for nomination and election of members of the board
of commissioners of the district; providing terms of office;
providing for the filling of vacancies; providing for the account-
ing, bookkeeping, purchasing and bidding procedures of the
commission; providing for emergency spending by the com-
mission; requiring public meetings; requiring a specified per-
centage of meetings to be held in Indian River County; amending
section 8 of chapter 7976, Laws of Florida, 1919, as amended;
providing for compensation of commission members; providing
an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Kiser-
HJR 702-A joint resolution proposing the creation of Section
21 of Article V of the State Constitution, relating to a state-
wide prosecutor.
Referred to the Committee on Criminal Justice.

By Representative Dunbar--
HB 703-A bill to be entitled An act relating to horseracing;
amending s. 550.081(2), Florida Statutes, to provide optional
racing days and charity days for the permittees authorized to
conduct the first and third periods of winter thoroughbred
racing; amending s. 550.43, Florida Statutes, deleting 7 racing
days for summer thoroughbred racing; authorizing the operation
of certain racing days granted by the Florida Pari-mutuel
Commission; providing an effective date.



Referred to the Committees on Regulated Industries &
Licensing and Appropriations.



January 21, 1982



HB 710-A bill to be entitled An act relating to education;
directing the Department of Education and the Board of
Regents to plan and implement a cooperative program involving
industry and the university system and public schools in the
fields of science and mathematics; requiring a report to the
Legislature; providing an effective date.
Referred to the Committees on Education, Higher and Appro-
priations.



SOF REPRESENTATIVES 87

By Representative Friedman-
HB 704-A bill to be entitled An act relating to education;
creating s. 233.0675, Florida Statutes, establishing the "Florida
Art and Music Education Enhancement Act of 1982"; providing
legislative intent; providing for the submission of art and music
enhancement proposals by district school boards; providing for
grant awards; providing an appropriation; providing an effec-
tive date.
Referred to the Committees on Education, K-12 and Appro-
priations.

HR 705-Adopted January 19.

By Representative Friedman-
HB 706-A bill to be entitled An act relating to motor
vehicle licenses; creating s. 320.0895, Florida Statutes, pro-
viding for the issuance of a special motor vehicle license tag
and card to certain newspaper, newsreel, or television camera-
men; providing fees; providing for the form of the license tag
and card; directing the department to make certain rules; pro-
viding for the application of the action; providing legislative
intent; providing an effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representatives Friedman and Spaet-
HB 707-A bill to be entitled An act relating to mortgage
interest rates; adding s. 687.03(2) (c), Florida Statutes; provid-
ing an exception to the definitions of "usurious contracts" and
"unlawful rates of interest" for certain shared appreciation
mortgages; providing an effective date.
Referred to the Committee on Commerce.

By Representative L. R. Hawkins-
HB 708-A bill to be entitled An act relating to jurors;
amending s. 40.01, Florida Statutes; requiring jurors to be
residents of their respective counties; adding subsection (9)
to s. 40.013, Florida Statutes; prohibiting persons adjudicated
mentally incompetent from serving as jurors; amending s.
40.02(1), Florida Statutes; requiring juror lists to be compiled
from names appearing on county voter registration books or
from names appearing on a common data base list furnished
by the Department of Highway Safety and Motor Vehicles;
providing an effective date.
Referred to the Committee on Judiciary.

By Representative Myers-
HB 709-A bill to be entitled An act relating to Martin
County; granting additional powers to the Town of Jupiter
Island by providing authority for the protection of the beach
and lands within said Town from erosion and damage from
storms, waves, currents and high water, subject to state and
federal permitting requirements; providing for the levy of a
special erosion tax; providing for the levy of a special tax for
construction and maintenance of erosion control structures on
particular properties within said Town; providing the manner
and form in which such taxes for such purposes shall be col-
lected and enforced; repealing all laws in conflict herewith;
providing for a referendum; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Hodes-











88 JOURNAL OF THE HOUSE

By Representative Hodes-
HB 711-A bill to be entitled An act relating to tuberculosis
examination; amending ss. 392.26 and 392.27, Florida Statutes,
authorizing appointment of a county health officer, in lieu of
an examining committee, as the examiner of an alleged
tuberculosis-infected person when noninstitutional care is
deemed appropriate; modifying provisions relating to the enter-
ing of a court order directing such person to submit himself
for examination for tuberculosis, to conform; modifying pro-
visions relating to disposition of the case when it is determined
that the person has active tuberculosis and is dangerous to
the public health; modifying provisions relating to detention
of such persons pending the hearing on the report of the county
health officer or hearing committee; providing an effective
date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representatives Easley and Ogden-
HB 712-A bill to be entitled An act relating to ad valorem
tax administration; amending ss. 197.012 and 197.016(1) and
(3), Florida Statutes; specifying that the delinquency date for
ad valorem taxes is April 1 or 60 days after the mailing of
tax notice, whichever is later; amending ss. 197.066, 197.072(2)
and (5), 197.116(1), (3), (4), and (6), and 197.206(1), Florida
Statutes; clarifying language with respect to sale of tax certifi-
cates; revising the statement which accompanies the notice of
taxes comparing previous and current years' taxes; amending
ss. 200.011(6) and 200.065(1) and (4), Florida Statutes; pro-
viding that the tax collector shall receive certification of mill-
age rates from taxing authorities, certification of taxable
value of each taxing authority from the property appraiser,
and a copy of each resolution or ordinance setting the village
rate for a taxing authority; amending s. 200.069(4) (d), Florida
Statutes; deleting a provision on the notice of proposed prop-
erty taxes which directs taxpayers to contact the tax collector
for certain information; providing an effective date.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Easley-
HB 713-A bill to be entitled An act relating to the municipal
public service tax; amending s. 166.231(1)(b), Florida Statutes,
and repealing subsection (3) thereof and s. 166.232(2), Florida
Statutes; providing that the tax shall not be applied against
increases in the cost of utility services resulting from an in-
crease in the cost of all fuel components as approved by the
Public Service Commission; deleting the requirement that the
fuel adjustment charge be separately stated; deleting the ex-
emption of the first 50 kilowatt hours of electricity purchased
for residential use; providing an effective date.
Referred to the Committee on Finance & Taxation.

By Representative Friedman-
HB 714-A bill to be entitled An act relating to weapons
and firearms; creating s. 790.061, Florida Statutes, prohibit-
ing persons not specifically excepted therefrom from possessing
a firearm or electric weapon or device without a license iden-
tification card issued by the Department of Law Enforcement;
providing for the issuance and content of such identification
card; providing eligibility requirements; providing for the appeal
of a denial of an application for an identification card; prohib-
iting persons from purchasing a firearm or electric weapon
or device without an identification card; prohibiting the issu-
ance of identification cards to certain persons; providing for
the suspension or revocation of identification cards; providing
an application and a renewal fee; providing a penalty; creating
s. 790.062, Florida Statutes; prohibiting delivery of a firearm
or electric weapon or device to a purchaser who does not pos-
sess a valid license identification card; requiring a record of
sale; providing penalties; providing an exception; repealing ss.
790.05 and 790.06, Florida Statutes, to remove provisions which



require certain persons who carry pistols, electric weapons, or
repeating rifles to have a license issued by the county; pro-
viding an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.



;]



HM 7.20-A memorial to the Congress of the United States,
urging Congress to propose an amendment to the Constitu-
tion of the United States relating to presidential veto power.
Referred to the Committee on Agriculture & General Legis-
lation.



5 OF REPRESENTATIVES January 21, 1982

By Representatives Carlton, Thompson, Price, Martinez,
O'Malley, Grant, Gardner, Hollingsworth, Nuckolls, Danson,
and Burrall-
HB 715-A bill to be entitled An act relating to child care
facilities; amending s. 402.316(2), Florida Statutes, and adding
a new subsection (3) thereto, exempting certain facilities op-
erated on a religious basis from the provisions of ss. 402.301
through 402.315, Florida Statutes, relating to licensure of child
care facilities in accordance with specified health, sanitation,
safety, and other standards; providing for waiver of exemption;
adding a new section to chapter 409, Florida Statutes, exempt-
ing certain facilities operated on a religious basis from the
provisions of chapter 409, Florida Statutes, relating to social
and economic assistance; providing for waiver of exemption;
providing for review and repeal in accordance with the Reg-
ulatory Sunset Act; providing an effective date.
Referred to the Committee on Health & Rehabilitative Serv-
ices.

By Representative A. E. Johnson-
HB 716-A bill to be entitled An act relating to enforce-
ment of foreign judgments; providing a short title; providing
rules of construction; providing that certain foreign judgments
may be filed and enforced as judgments of a circuit court;
requiring certain information to be filed along with the judg-
ment; requiring mailing of notice of filing to the judgment
debtor; providing circumstances for a stay of enforcement;
requiring payment of certain fees and service charges; providing
an effective date.
Referred to the Committee on Judiciary.

By Representatives Kiser and Kelly-
HB 717-A bill to be entitled An act relating to mobile
home parks; creating s. 83.766, Florida Statutes, prohibiting
mobile home parks from charging unconscionable rents, as
defined in the acts; providing judicial remedies; providing for
suspension of rent increases if a bond is filed with the court;
providing an exception; providing that failure to pay uncon-
scionable rents shall not be grounds for eviction; providing
for awards of costs and attorney fees; providing a statute of
limitation; providing for availability of other remedies; pro-
viding an effective date.
Referred to the Committee on Judiciary.

By Representatives Kiser, Drage, and Patchett-
HJR 718-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 Legis-
lature 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; pro-
viding for tax relief.
Referred to the Committees on Finance & Taxation and
Appropriations.

By Representative Kiser-
HB 719-A bill to be entitled An act relating to the Board
of Trustees of the Internal Improvement Trust Fund; au-
thorizing the board to review and determine if the use of
certain property granted to Pinellas County is for a public
purpose; providing an effective date.
Referred to the Committee on Community Affairs.

By Representative Kiser-











JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Kiser-
HB 721-A bill to be entitled An act relating to cosme-
tology; amending s. 477.019(1)(b), Florida Statutes, removing
a limitation with respect to standards established by the Board
of Cosmetology pursuant to training required to qualify for
licensure; providing for review and repeal in accordance with
the Regulatory Sunset Act; providing an effective date.
Referred to the Committee on Tourism & Economic Develop-
ment.

By Representatives Morgan, Kutun, Price, and Martin-
HB 722-A bill to be entitled An act relating to tax on
sales, use and other transactions; creating ss. 212.30 and
212.31, Florida Statutes, the Local Government Property Tax
Relief, Crime Control and Transportation Assistance Act; au-
thorizing the imposition of a local option one-half cent sales
tax; providing for collection of the tax and distribution of the
proceeds; authorizing local governments to pledge the proceeds
for payment of principal or interest on bonds; providing an
effective date.
Referred to the Committees on Finance & Taxation and Ap-
propriations.

By Representative Friedman-
HB 723-A bill to be entitled An act relating to solid waste
disposal; creating s. 403.4077, Florida Statutes; providing that
the Department of Environmental Regulation shall not approve
the use of landfill disposal sites in this state after July 1, 1987;
directing the department to prepare guidelines for imple-
mentation of alternative disposal methods and a proposed pro-
gram of financial assistance; providing an effective date.
Referred to the Committees on Natural Resources and Ap-
propriations.

By Representative T. McPherson-
HB 724-A bill to be entitled An act relating to the Depart-
ment of Natural Resources; providing legislative intent; pro-
viding that the department shall have the power of eminent
domain to condemn property to protect environmentally en-
dangered lands or for the acquisition of park lands; providing
a procedure; authorizing use of certain trust funds; providing
an effective date.
Referred to the Committees on Natural Resources and Ap-
propriations.

By Representatives Meek, Rosen, and L. R. Hawkins-
HB 725-A bill to be entitled An act relating to community
colleges; creating s. 240.344, Florida Statutes; establishing the
Community College Safety Fund; providing for rules; pro-
viding for responsibilities of the Commissioner of Education;
providing for a formula for distribution; providing an appro-
priation; providing an effective date.
Referred to the Committees on Education, Higher and Ap-
propriations.

By Representative A. E. Johnson-
HB 726-A bill to be entitled An act relating to speed
limit signs; amending s. 335.14, Florida Statutes; providing
that new or replacement signs show the legal speed limit
both in miles per hour and kilometers per hour; providing an
effective date.
Referred to the Committees on Transportation and Appro-
priations.

By Representative A. E. Johnson--
HB 727-A bill to be entitled An act relating to firearms;
creating s. 790.29, Florida Statutes; prohibiting any person
under 25 from purchasing or possessing a handgun or ammuni-



tion therefore, and prohibiting the sale of a handgun or ammuni-
tion therefore to such person; providing exemptions; providing a
penalty; providing an effective date.
Referred to the Committee on Criminal Justice.



By Representative J. Plummer-
HB 728-A bill to be entitled An act relating to hospitals;
creating s. 395.23, Florida Statutes, to require hospitals, upon
referral by a licensed physician, to admit any patient who has
a hospital card evidencing proof of insurance; creating s.
627.647, Florida Statutes, to require insurance companies to
issue such cards to their policyholders; providing an effective
date.
Referred to the Select Committee on Health Care Cost Con-
tainment & Planning.

By Representative Price (by request)-
HB 729-A bill to be entitled An act relating to death
benefits for law enforcement officers and firefighters; creating
the "Florida Law Enforcement Officers and Firefighters Death
Benefit Act"; providing definitions; providing for payment by
the state of death benefits to the beneficiary, family, or estate
of law enforcement officers or firefighters who are unlawfully
killed while in the actual performance of their duties; providing
for the payment by the state of certain educational costs for the
children of such officers or firefighters; authorizing the pro-
curement of insurance to secure the payment of such benefits;
providing an effective date.
Referred to the Committees on Criminal Justice and Ap-
propriations.

By Representative Cox-
HB 730-A bill to be entitled An act relating to dissolution
of marriage; creating s. 61.0525, Florida Statutes, providing
for the issuance of preliminary injunctions at any time during
a proceeding for dissolution of marriage; providing for the
issuance of a temporary restraining order without notice under
certain circumstances; providing for the effect of such orders;
providing an effective date.
Referred to the Committee on Judiciary.

By Representative Lewis-
HB 731-A bill to be entitled An act relating to the Depart-
ment of Natural Resources; creating the Division of Civilian
Conservation in the department; establishing the Conservation
Corps of Florida under the charge of a director; providing for
the responsibilities and duties of the director; authorizing the
director to adopt criteria for the employment and service of
members of the corps; providing for centers and work programs
for the corps; authorizing the director to adopt procedures and
guidelines governing the corps; authorizing the director to act
on behalf of the corps; providing for an annual report; pro-
viding for terms of service and wages; providing effective and
expiration dates.
Referred to the Committees on Natural Resources and Ap-
propriations.

By Representative J. H. Smith-
HB 732-A bill to be entitled An act relating to the Depart-
ment of Health and Rehabilitative Services; amending ss. 20.19
(14) and 393.066(3), Florida Statutes; authorizing the depart-
ment to contract for the provision of services if it will result
in higher quality of services; providing an effective date.
Referred to the Committees on Health & Rehabilitative
Services and Appropriations.

By Representative Sadowski-
HB 733-A bill to be entitled An act relating to health
care facilities and services; requiring each physician, osteo-
pathic physician, podiatrist, or dentist who has certain finan-
cial interests in certain health care facilities or services to
file with the Department of Health and Rehabilitative Serv-
ices an annual report disclosing all business and financial
transactions with that health care facility or service provider,
other than compensation received for direct provision of pro-
fessional services; providing that each patient referred to such



a facility or service be furnished a brief statement, prepared
by the department, which discloses such financial interests;
requiring physicians, osteopaths, podiatrists, and dentists to
report annually to the department certain financial interests



January 21, 1982



89











90 JOURNAL OF THE HOUSE

in pharmaceutical firms; providing that any person who is an
employee, partner, director, or officer of a partnership, firm,
corporation, or other business entity, or owns certain direct
or indirect interests in such business entity, and is also a
trustee, director, or officer of any nonprofit hospital, nonprofit
ambulatory surgical center, or nonprofit nursing home shall
file with the department an annual report disclosing in detail
all business transactions between such hospital, nursing home,
or center and such business entity; providing administrative
penalties for those who fail to report as required; providing
an effective date.
Referred to the Committee on Health & Rehabilitative
Services.

By Representative Sadowski---
HB 734-A bill to be entitled An act relating to insurance;
providing definitions; providing for the licensing and au-
thority of captive insurance companies; providing for minimum
capital and letters of credit; providing for minimum surplus;
providing for the formation of captive insurance companies;
providing for reports and statements; providing for examina-
tions and investigations; providing for grounds and procedures
for suspension or revocation of license; providing for legal
investments; providing for reinsurance; providing that cap-
tive insurance companies shall not be required to join a rating
organization; providing an exemption from compulsory associa-
tions; providing a tax on premiums collected by captive in-
surance companies; providing an effective date.
Referred to the Committees on Insurance, Finance & Taxa-
tion, and Appropriations.

By Representative Sadowski-
HB 735-A bill to be entitled An act relating to combina-
tions restricting trade or commerce; amending s. 542.22(1),
Florida Statutes, to provide that process shall be served upon
the office of the Attorney General in actions brought pur-
suant to this section; providing an effective date.
Referred to the Committee on Commerce.

By Representative Sadowski-
HB 736-A bill to be entitled An act relating to marketable
record titles to real property; adding a subsection to s. 712.03,
Florida Statutes, specifying that state title to land may be
recorded notwithstanding previous lack of compliance with the
marketable record title act; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Sadowski-
HB 737-A bill to be entitled An act relating to voting and
civil rights; setting forth certain voting rights; prohibiting the
deprivation of, or interference with, the exercise of same;
prohibiting the deprivation of, or interference with, certain
legal rights; providing certain equality of rights under the
law; providing penalties; providing an effective date.
Referred to the Committee on Ethics & Elections.

By Representative Meek--
HB 738-A bill to be entitled An act relating to adoption;
adding a paragraph to s. 63.022(2), Florida Statutes, provid-
ing legislative intent with regard to intermediary adoptions;
adding a subsection to s. 63.032, Florida Statutes, to define
"suitability of the intended placement"; adding a new sub-
section (3) to s. 63.052, Florida Statutes, and adding a para-
graph to s. 63.062(1), Florida Statutes, relating to the appoint-
ment of a guardian ad litem; amending s. 63.092, Florida Stat-
utes, relating to preliminary studies with respect to inter-
mediary adoptions; amending s. 63.162(4) and (5), Florida
Statutes, relating to the disclosure of confidential records and
the determination of good cause therefore; creating s. 63.165,
Florida Statutes, directing the State Registrar of Vital Sta-
tistics to maintain a registry of identifying information with



respect to natural and adoptive parents and adoptees; pro-
viding for access to the registry; providing an effective date.
Referred to the Committees on Health & Rehabilitative
Services and Appropriations.



I



E OF REPRESENTATIVES January 21, 1982

By Representative Gallagher-
HB 739-A bill to be entitled An act relating to product
liability and tort reform; creating the "Florida Product Lia-
bility and Tort Reform Act"; providing legislative findings
and purpose; providing definitions; abolishing the concept of
strict liability in tort; providing for liability with respect to
formula or design; providing liabilities with respect to failure
to instruct or warn; providing requirements with respect to
comparative negligence; providing for the elimination of the
concept of punitive damages with respect to certain legal
actions; providing rules with respect to collateral sources of
indemnity; providing for the doctrine of assumption of risk;
limiting contingent fee agreements; providing for structured
awards; providing for the effect of findings concerning state
of the act and industrial and governmental standards con-
cerning product liability; prohibiting certain references to
unliquidated damages in pleadings; amending s. 95.11(3), Flor-
ida Statutes, and adding paragraphs (f), (g), and (h) to
subsection (4) thereof; providing limitations on actions; pro-
viding severability; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Crady-
HB 740-A bill to be entitled An act for the relief of the
estate of Floyd Hartford Cone, Jr.; providing an appropriation
in compensation for the loss of Mr. Cone, whose death occurred
while he was assisting a Florida Highway Patrol trooper in
the performance of his official duties; providing an effective
date.
Referred to the Committee on Judiciary.

By Representative Burnsed-
HB 741-A bill to be entitled An act relating to public
health units; amending s. 20.19(3)(b), Florida Statutes, to
provide for the establishment of a public health unit subcouncil
within the advisory council to the Health Program Office of
the Department of Health and Rehabilitative Services and to
provide for duties thereof and other matters relative thereto;
amending s. 110.205(2)(p), Florida Statutes, exempting public
health unit directors from provisions of law relating to career
service positions; creating s. 154.001, Florida Statutes, pro-
viding intent; amending s. 154.01, Florida Statutes; providing
for a public health unit delivery system and providing for
funding of same; distinguishing between "public health serv-
ices," "personal health services," "primary care services," and
"public health unit services," for purposes of the act; author-
izing certain contractual agreements; providing for use of
existing facilities; amending s. 154.02, Florida Statutes; cre-
ating the Public Health Unit Trust Fund and providing for its
administration; requiring the submission of certain financial
statements with respect thereto; amending s. 154.03(1), Florida
Statutes, conforming terminology; amending s. 154.04, Florida
Statutes, modifying provisions relating to the personnel of
public health units; amending s. 154.05, Florida Statutes,
conforming terminology; amending s. 154.06, Florida Statutes;
providing for the establishment of fee schedules and for the
collection of fees for certain services; providing for disposition
of fees; amending s. 458.316(1) (a), Florida Statutes, correcting
a cross reference; providing for review and repeal of s. 20.19
(3)(b)3.g., Florida Statutes, in accordance with the Sundown
Act; providing an effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.

By Representative Spaet--
HB 742-A bill to be entitled An act relating to Medicaid;
requiring the development of a long-term care reimbursement
plan for nursing home facilities by the Department of Health
and Rehabilitative Services subject to stated conditions; pro-
viding for the adoption of rules; providing an effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices and Appropriations.



By Representative C. R. Smith-
HB 743-A bill to be entitled An act relating to saltwater
fisheries; adding subsection (13) to s. 370.08, Florida Statutes,
requiring persons possessing certain fishing gear on the salt











JOURNAL OF THE HOUSE



waters of the state to have a commercial boat registration;
providing an exception; providing a penalty; providing an
effective date.
Referred to the Committee on Natural Resources.

By Representative Hattaway-
HB 744-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.081(2), Florida Statutes,
eliminating the requirement that a member be reemployed for
12 continuous months before prior service can be claimed as
creditable service under the Florida Retirement System, pro-
vided that claimed prior service for a reemployment period of
less than 12 months of continuous service cannot be used
for other than in the line of duty disability; providing an effec-
tive date.
Referred to the Committees on Retirement, Personnel & Col-
lective Bargaining and Appropriations.

By Representatives Boles, B. L. Johnson, Ward, Hagler, Pat-
terson, Robinson, Mitchell, R. C. Johnson, and Thompson-
HB 745-A bill to be entitled An act relating to Santa Rosa
County; providing that the statutory prohibition against drill-
ing for and production of oil, gas, and other petroleum products
within 1 mile seaward of the coastline shall not apply in the
county, if it occurs pursuant to all other provisions of law;
providing an effective date.
Proof of publication of the required notice was attached
Referred to the Committee on Community Affairs.

By Representative Crady-
HB 746-A bill to be entitled An act relating to criminal
justice; amending ss. 943.09-943.145, 943.19, 943.20, 943.22,
943.23, 943.25, Florida Statutes; including parole and probation
officers among those persons subject to certification by the
Criminal Justice Standards and Training Commission; providing
definitions; increasing the number of members on the commis-
sion; providing that one member be without managerial author-
ity; providing salary incentives for certain parole and proba-
tion officers; providing that participation by units of local
government in salary incentive programs for correctional offi-
cers is optional; changing the Correctional Officer Training
Trust Fund to the Correctional and Parole and Probation
Officer Training Trust Fund; providing an effective date.
Referred to the Committees on Correction s, Probation &
Parole and Appropriations.

By Representative Upchurch-
HB 747-A bill to be entitled An act relating to St. Johns
County; amending section 5 of chapter 63-1853, Laws of Florida;
specifying that property of the St. Augustine Airport Authority
may be utilized for purposes not related to aviation; providing
for a referendum.
Referred to the Committee on Community Affairs.

By Representative Reynolds--
HB 748-A bill to be entitled An act relating to public offi-
cers; amending s. 111.07, Florida Statutes, authorizing any
agency or political subdivision of the state to provide legal
assistance to its officers, employees, or agents to defend in
criminal proceedings under certain circumstances; providing
for reimbursement of court costs and attorney's fees to the
defendant, if he prevails in the action, when said agency or sub-
division fails to provide such assistance; adding a paragraph
to s. 111.071(1), Florida Statutes, providing for payment from
available funds of such attorney's fees; amending s. 111.072,
Florida Statutes, authorizing provision for insurance to cover
such fees; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.



By Representatives Nergard and Patchett-
HB 749-A bill to be entitled An act relating to Fort Pierce
Farms Water Control District in St. Lucie County; authorizing
the Board of Supervisors of Fort Pierce Farms Water Control



January 21, 1982



of the Department of Business Regulation; providing registration
fees; requiring performance bonds; providing for violations;
providing penalties; providing for review and repeal in accord-
ance with the Regulatory Sunset Act; providing an effective
date.
Referred to the Committees on Tourism & Economic Develop-
ment and Appropriations.



OF REPRESENTATIVES 91

District to levy a uniform maintenance tax upon the taxable
lands of said District in an equal amount not exceeding $5 per
acre or per tract, parcel or lot of less than one acre in order to
fund the maintenance budget annually adopted; repealing chap-
ter 12033, Laws of Florida, 1927, as amended by chapter 78-609,
Laws of Florida, and chapter 25447, Laws of Florida, 1949, as
amended by chapter 78-609, Laws of Florida, and all other
inconsistent laws; providing an effective date.
Proof of publication of the required notice was attached
Referred to the Committee on Community Affairs.

By Representatives T. McPherson and Crawford-
HB 750-A bill to be entitled An act relating to energy;
providing a declaration of policy; adding subsection (24) to
s. 380.06, Florida Statutes, providing that certain petroleum
or natural gas pipelines are deemed to be developments of
regional impact; creating the Energy Pipeline Study Committee;
requiring the study as part of an application for development
approval; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Crawford-
HB 751-A bill to be entitled An act relating to interest
rates; amending s. 687.01, Florida Statutes, to increase the
legal rate of interest which is applicable in the absence of
a rate set by contract; providing an effective date.
Referred to the Committee on Commerce.

By Representatives Sheldon, Ward, Myers, Lippman, R. C.
Johnson, and B. L. Johnson-
HB 752-A bill to be entitled An act relating to emergency
medical services; adding subsections (4)-(7) to s. 401.107,
Florida Statutes; providing definitions; creating s. 401.109,
Florida Statutes; specifying regions; authorizing counties to
withdraw from regions and operate independent emergency
medical services programs; creating s. 401.1095, Florida Stat-
utes, creating regional emergency medical services governing
boards; amending s. 401.111, Florida Statutes; providing for
research grants to private entities; amending s. 401.113, Florida
Statutes; deleting limitations on appropriations; creating ss.
401.118 and 401.119, Florida Statutes; creating the Emergency
Medical Services Trust Fund; providing criteria for appropri-
ations from the fund; providing for allocation of funds to
counties by regional organizations; providing for appropriation
to regional organizations and to the Department of Health and
Rehabilitative Services; amending ss. 316.192, 316.193, 318.18(3),
Florida Statutes; increasing fines for moving traffic violations;
providing for deposit of additional fines in the trust fund;
providing an effective date.
Referred to the Committees on Health & Rehabilitative Serv-
ices, Finance & Taxation, and Appropriations.

By Representative McEwan-
HB 753-A bill to be entitled An act relating to county com-
missioners' districts; renumbering s. 124.01(4), (5), Florida
Statutes, and adding a new subsection (4) to said section; pro-
viding that changes in the boundaries of county commissioners'
districts will not affect the residency requirements for county
commissioners; providing an effective date.
Referred to the Committee on Community Affairs.

By Representative Spaet--
HB 754-A bill to be entitled An act relating to business
regulation; creating s. 509.2015, Florida Statutes, defining the
term "receptive tour operator"; requiring such operators to
annually register with the Division of Hotels and Restaurants











92 JOURNAL OF THE HOUSE

By Representative Gordon-
HB 755-A bill to be entitled An act relating to sexual bat-
tery; creating s. 794.07, Florida Statutes; providing for medical
treatment for minor victims of sexual battery in the absence
of consent by parent or guardian under certain circumstances;
removing liability therefore; providing for limited inspection of
medical records; prohibiting disaffirmance of consent by the
minor because of minority; providing an effective date.
Referred to the Committees on Criminal Justice and Appro-
priations.

By Representative Gallagher-
HB 756-A bill to be entitled An act relating to political
parties; amending s. 103.091(1), Florida Statutes, providing
for the membership of the state executive committees of
political parties; providing an effective date.
Referred to the Committee on Ethics & Elections.

By Representative Meffert-
HB 757-A bill to be entitled An act relating to uniform
traffic control; amending s. 316.073, Florida Statutes; specifying
that provisions of the Uniform Traffic Control Law applicable
to the driver of a vehicle shall not apply to persons riding or
leading an animal upon a roadway or shoulder; creating s.
316.0825, Florida Statutes; specifying duties of operator of
motor vehicle approaching an animal being led or ridden;
providing an effective date.
Referred to the Committee on Transportation.

By Representative Clements-
HB 758-A bill to be entitled An act relating to the Florida
Litter Law; amending s. 403.413(5)(a), Florida Statutes, delet-
ing the noncriminal penalty for violations involving small
amounts of litter; changes the authorized additional penalties
which may be imposed; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Kelly-
HB 759-A bill to be entitled An act relating to emergency
management services; amending ss. 252.31, 252.32, 252.33(2)
and (3), 252.34(1), (3), and (5), 252.35, 252.355(1) and (2),
252.36, 252.37, 252.38, 252.39(2), 252.40, 252.41, 252.42, 252.43(3),
252.44(1) and (3), 252.45(1)(a), 252.46(1) and (3), 252.49, and
252.51, Florida Statutes, renaming the "State Disaster Pre-
paredness Act" as the "State Emergency Management Services
Act"; changing "civil defense" to "emergency management
services" and "disaster" to "emergency" throughout the act;
creating a Bureau of Emergency Management; expanding the
maximum duration of a state of emergency; authorizing the
Governor to delegate certain emergency powers to a county;
authorizing municipalities to establish emergency management
services agencies; providing for local agency directors; adding
a subsection to s. 252.55, Florida Statutes, requiring the Civil
Air Patrol to file a report with the bureau; providing an
effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Dyer--
HB 760-A bill to be entitled An act relating to the excise
tax on documents; creating s. 201.025, Florida Statutes, and
amending s. 201.15, Florida Statutes; authorizing district school
boards, counties, and municipalities to impose a surtax on docu-
ments relating to the conveyance of realty; providing for re-
ductions in projected revenues from ad valorem taxes; providing
purposes for which the proceeds may be used; prohibiting
counties and municipalities from imposing impact fees for such
purposes; providing an effective date.
Referred to the Committees on Finance & Taxation and Ap-



propriations.

By Representative Dyer-
HB 761-A bill to be entitled An act relating to state lands;
amending s. 253.04, Florida Statutes, expanding the powers of



}]



Statutes, the Joint Power Act; creating s. 361.09, Florida
Statutes, relating to the valuation of electric utility property
subject to eminent domain; adding subsections (3) and (4) to
s. 361.11, Florida Statutes, defining the terms "person" and
"foreign public utility" for the purposes of the Joint Power
Act; amending s. 361.12, Florida Statutes, relating to joint
electric power supply projects, describing entities which may



E OF REPRESENTATIVES January 21, 1982

the Board of Trustees of the Internal Improvement Trust
Fund with respect to the protection of state lands and state
products thereof; providing a fine and providing liability
for damage to state lands and products thereof; creating a
lien and providing for disposition of fine revenues; providing an
effective date.
Referred to the Committees on Natural Resources and Ap-
propriations.

By Representatives Ward, Boles, and B. L. Johnson-
HB 762-A bill to be entitled An act relating to Okaloosa
County; creating the Destin fire control district; providing
for the boundaries of the district; creating a board of com-
missioners to conduct the business of the district; providing
for terms of office; providing for meetings of the board; pro-
viding for audits; providing procedures for suits against the
board; providing for the powers of the board of commissioners;
providing for the employment of a fire marshal and firemen;
providing for ad valorem taxation; providing for indebtedness;
providing limitations on the use of funds; providing a penalty;
providing a referendum; providing an effective date.
Proof of publication of the required notice was attached
Referred to the Committee on Community Affairs.

By Representatives Ward, Hagler, Patterson, Robinson, and
Boles-
HB 763-A bill to be entitled An act relating to Escambia
County; amending sections 1-21 of chapter 79-453, Laws of
Florida, as amended by chapter 79-594, Laws of Florida, pro-
viding for and continuing a Civil Service Board for protection
and enforcement of merit system principles; providing for
composition, tenure, appointments, expenses, qualifications,
officers and meetings of the Civil Service Board, responsibilities
of the District School Board of Escambia County and the Board
of County Commissioners of Escambia County for pay plans;
providing funding and facilities; identifying responsibility for
merit principles; defining the applicability of the career Civil
Service system; empowering the Civil Service Board to retain
legal counsel and keep records; defining the Civil Service
Board's decision authority; stating employee rights; prohibiting
discrimination on nonmerit factors; providing for process and
penalty for violations; limiting the career Civil Service system;
providing definitions; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Community Affairs.

By Representatives Thomas and Deratany (by request)-
HB 764-A bill to be entitled An act relating to motion
picture distributors; creating ss. 501.93-501.935, Florida Stat-
utes; creating the Motion Picture Fair Competition Act; pro-
viding purpose; providing definitions; prohibiting blind bidding,
"guarantees, and certain advances for motion pictures; estab-
lishing bidding procedures; providing penalties; providing for
severability; providing an effective date.
Referred to the Committee on Commerce.

By Representative Thompson-
HB 765-A bill to be entitled An act relating to electric
power; adding paragraphs (d), (e), (f), and (g) to s. 163.01(3),
Florida Statutes, amending paragraph (c) of subsection (7)
thereof, and adding subsection (15) thereto, defining the terms
"electric project," "person," "electric utility," and "foreign public
utility" with respect to the Florida Interlocal Cooperation Act
of 1969; providing for the issuance of bonds by any separate
legal entity created pursuant to said act whose membership is
comprised only of electric utilities; providing certain additional
powers and waiving certain rights of sovereign immunity with
respect to certain entities which exercise or propose to exercise
the powers granted pursuant to part II of chapter 361, Florida











JOURNAL OF THE HOUSI



participate in joint projects; amending s. 361.13, Florida Stat-
utes, relating to powers of electric utilities and other organiza-
tions; amending s. 361.14, Florida Statutes, relating to limita-
tions on sales with respect to joint project energy; providing
for the additional powers and authority granted in this act
to apply to certain preexisting agreements; providing a state-
ment of purpose; providing for severability; providing an
effective date.
Referred to the Committee on Energy.

By Representative Dyer-
HB 766-A bill to be entitled An act relating to the regulation
of infectious waste disposal; adding subsection (29) to s.
403.703, Florida Statutes, defining "infectious waste"; adding a
paragraph to s. 403.7045(3), Florida Statutes, providing that
infectious waste from hospitals and ambulatory surgical centers
shall be separated from other solid waste and disposed of by
certain methods; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Dyer-
HM 767-A memorial to the President of the United States
requesting the President to ask for the resignation of James
G. Watt as Secretary of the Interior, and to appoint as Secre-
tary of the Interior some individual whose philosophies and
policies will be more attuned to the desires of the majority of
the American people, who wish to conserve our natural resources
and preserve them to the greatest extent possible for the benefit,
use, and enjoyment of future generations of Americans.
Referred to the Committee on Natural Resources.

By Representative Spaet-
HB 768-A bill to be entitled An act relating to public
works; creating s. 215.191, Florida Statutes, relating to rates of
wages for laborers, mechanics and apprentices employed on
certain public works; providing a penalty; amending s. 235.32,
Florida Statutes, relating to contracts entered into by school
boards, to conform to this act; providing for review and repeal;
providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representative Martinez-
HB 769-A bill to be entitled An act relating to the de-
tention of alleged tuberculous infected persons; amending s.
392.27(2), Florida Statutes; providing for such persons to be
detained at certain hospitals; providing an effective date.
Referred to the Committee on Health & Rehabilitative
Services.

By Representative Martinez-
HB 770-A bill to be entitled An act relating to the Gov-
ernor's Council on Physical Fitness and Sports; providing an
appropriation to purchase fencing equipment for Olympic and
other competition and training; providing an effective date.
Referred to the Committee on Appropriations.

"By Representative C. R. Smith-
HB 771-A bill to be entitled An act for the relief of Valera
Pruitt; providing an appropriation to compensate her for the
loss of her husband, Trooper R. L. Pruitt; providing an effec-
tive date.
Referred to the Committee on Judiciary.

By Representatives Kiser, Haben, Dunbar, D. L. Jones, Melby,
J. H. Smith, and Hieber-
HB 772-A bill to be entitled An act relating to pilotage;
creating s. 310.145, Florida Statutes, requiring licensed state
pilots of vessels passing under bridges which are equipped
with electronic navigation protection equipment to use such
equipment, and dictating pilot response upon the malfunction



of such equipment; providing for review and repeal in accord-
ance with the Regulatory Sunset Act; providing an effective
date.



January 21, 1982



By Representative Cox-
HB 777-A bill to be entitled An act relating to emergency
medical services; providing definitions; providing standards
and procedures for designation of trauma centers; prohibiting



OF REPRESENTATIVES 93

Referred to the Committee on Tourism & Economic Develop-
ment.

By Representative Gallagher-
HB 773-A bill to be entitled An act relating to insurance;
creating s. 628.4311, Florida Statutes, providing a procedure
for the mutualization of nonprofit medical, surgical and hospital
service plan corporations; specifying conditions for approval
by the Department of Insurance; amending s. 628.041, Florida
Statutes, providing for the applicability to certain domestic
mutual insurers of general provisions relating to nonprofit
corporations; amending s. 628.161, Florida Statutes, exempt-
ing certain mutualization from provisions relating to the initial
qualifications for domestic mutual; changing such qualifica-
tions; providing an effective date.
Referred to the Committee on Insurance.

By Representative Gallagher-
HB 774-A bill to be entitled An act relating to savings
associations; amending s. 665.0211(1), Florida Statutes, pro-
viding that certain titles used with respect to savings associa-
tions shall be discretionary; adding a new subsection (4) to
s. 665.028, Florida Statutes, authorizing savings associations to
establish drive-in or walk-in facilities under certain circum-
stances; amending s. 665.0311, Florida Statutes, providing that
savings associations shall have certain powers with respect
to reorganization, merger, or consolidation; amending s. 665.-
034(1), Florida Statutes, and adding a subsection, providing a
description of persons or entities deemed to have control of an
association; amending s. 665.0601, Florida Statutes, deleting
language prohibiting associations from issuing certain types
of investment media; amending s. 665.0701(1)(b) and (f), (2),
(3), (4), and (6), Florida Statutes, relating to the investment
powers and limitations of associations; amending s. 665.0711,
Florida Statutes, providing that every savings association shall
have the power to invest in or otherwise acquire loans and
interests in loans, secured or unsecured, of any type or amount
and for any purpose; amending s. 665.0731, Florida Statutes,
providing clarifying language with respect to real estate loan
plans; repealing s. 665.025(3), Florida Statutes, relating to the
citizenship requirement for directors of savings associations;
repealing ss. 665.035 and 665.036, Florida Statutes, relating to
restrictions on acquisition of control of capital stock associa-
tions and to holding companies and stock acquisitions; providing
for review and repeal in accordance with the Regulatory Sun-
set Act; providing an effective date.
Referred to the Committee on Commerce.

By Representatives Ward, Hagler, Robinson, Boles, and B. L.
Johnson-
HB 775-A bill to be entitled An act relating to the North-
west Florida Creek Indian Council; creating s. 285.21, Florida
Statutes, creating a housing authority under the council and
providing its powers; requiring the council to appoint the
members of the housing authority; restricting the jurisdiction
of the housing authority; providing for the lease of tribal land
to the housing authority; providing an effective date.
Referred to the Committee on Community Affairs.

By Representative Cox-
HB 776-A bill to be entitled An act relating to comprehen-
sive health education; amending s. 233.067(4) (b) and (5),
Florida Statutes, the "Comprehensive Health Education Act of
1973"; providing for instruction in the true effects of alcohol
and narcotics on the human body and mind and the adverse
health effects and implications of cigarette smoking; requiring
the provision of textbooks, visual instructional aids, etc.; re-
quiring a sequential program of instruction at the four pro-
gressive levels k-3, 4-6, 7-9, and 10-12; providing an effective
date.
Referred to the Committees on Education, K-12 and Appro-
priations.










JOURNAL OF THE HOUSE OF REPRESENTATIVES



any facility from holding itself out as a trauma center unless
so designated; specifying powers and duties of regional emer-
gency medical services organizations and the Department of
Health and Rehabilitative Services; requiring periodic review
of designations; providing an effective date.
Referred to the Select Committee on Health Care Cost Con-
tainment & Planning and the Committee on Appropriations.

By Representative Dyer-
HB 778-A bill to be entitled An act relating to building
codes; amending s. 553.73(6), Florida Statutes; expanding
exemption from such codes to include mobile homes used as
temporary offices; providing an effective date.
Referred to the Committee on Community Affairs.

By Representative Young-
HB 779-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.091(3), Florida Statutes,
authorizing school districts to offer early retirement benefits
to certain employees; providing an appropriation; providing an
effective date.
Referred to the Committees on Retirement, Personnel &
Collective Bargaining and Appropriations.

Reports of Standing Committees
The Committee on Appropriations recommends the following
pass: HB 371 (fiscal note attached)

The Committee on Corrections, Probation & Parole recom-
mends the following pass: HB 430, with amendments

The Committee on Education, K-12 recommends the follow-
ing pass: HB 298

The Committee on Judiciary recommends the following pass:
HB 370, with amendments HB 166, with amendments
HB 114 HB 268

The Committee on Transportation recommends the following
pass: RB 130
The above bills were placed on the calendar.



The Committee on Appropriations recommends a committee
substitute for the following:
HB 626 (fiscal note attached)

The Committee on Criminal Justice recommends committee
substitutes for the following:
HB 156 HB's 235 & 351

The Committee on Education, K-12 recommends a com-
mittee substitute for the following: HB 160
The above committee substitutes were placed on the Calendar
and, under the rule, HB's 626, 156, 235, 351, and 160 were
laid on the table.

The Committee on Education, K-12 recommends the follow-
ing pass: HB 88, with amendments
The above bill was referred to the Committee on Appropria-
tions.

The Committee on Finance & Taxation recommends a com-
mittee substitute for the following: HB 212

The Committee on Health & Rehabilitative Services recom-
mends a committee substitute for the following: HB 296
The above committee substitutes were referred to the Com-
mittee on Appropriations and, under the rule, HB's 212 and
296 were laid on the table.

The Committee on Transportation recommends the follow-
ing pass: HB 19
The above bill was referred to the Committees on Finance &
Taxation and Appropriations.

The Committee on Transportation recommends the follow-
ing not pass: HB 204
The above bill was laid on the table under the rule.

Recessed
Pursuant to the motion previously agreed to, the House
recessed at 12:05 p.m., to reconvene at 10:30 a.m., Monday,
January 25.



Pages and Messengers
Serving the House
During the week of January 18
Pages-Michelle Dodson, Bonifay; Erica English, Miami;
Julian E. Fant, III, Jacksonville; Dwin Horne, Keystone
Heights; Tina Jordan, Inverness; Michael LaPorta, Chief-
land; Teddy Mann, Fort Myers; J. Andrew Meyer, Seminole;
Chuck Milton, Orange Park; Britt Reynolds, Fort Pierce;
LeeAnn Sewell, Tallahassee; Alan Stewart, Brooksville;
Tracy Tyree, Panama City; and Michelle Winn, Tallahassee.
Messengers-Reggie Alexander, Okeechobee; Greg Arm-
strong, Tallahassee; Blair Beaty, Perry; John Bennett,
Starke; Kim Codol, Sarasota; Suzanne Dzurik, Pensacola;
Kristi Gilmore, Gulf Breeze; Walter Godette, Tallahassee;
Robert Hodel, Fort Lauderdale; Brad Hutcheson, Mayo;
Frankie Keels, Chattahoochee; Susan Kelley, Tallahassee;
Tommy Kindred, Fort Pierce; Lisa King, Hialeah; Tommy
Mayfield, Tallahassee; Tammy Merritt, Tallahassee; Susan
Mulcahy, Palm City; Toyka Mungen, Tallahassee; Cheri
Phillips, Tallahassee; Jerry Reynolds, Tallahassee; and
Christine Salerno, Tallahassee.



CHAMBER ACTION ON BILLS
JANUARY 21, 1982
HB 21 Read second time and amended
HB 43 Passed 112-0
HB 93 Passed 111-0
HB 176 Read second time
HB 182 Passed 111-0
HB 306 Passed as amended 113-0
HB 332 C/S passed as amended 102-6
HB 372 Passed 91-18
HB 393 Read second time
HB 396 Amendment 2 withdrawn; Amendment 3 pending
HB 407 Passed 107-0
HB 424 Read second time
HB 425 Read second time
HB 426 Read second time
HB 449 Read second time
[Source: Legislative Information Division]



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January 21, 1982











JOURNAL OF THE HOUSE OF REPRESENTATIVES



RULES
of the
HOUSE OF REPRESENTATIVES
for 1982

Rule One
OFFICERS AND EMPLOYEES
1.1-Election of Speaker, Speaker pro tempore, Minority Leader
and Minority Leader pro tempore
A Speaker and a Speaker pro tempore shall be elected at the
Organization Session of the House. They are to continue in
office until their successors are chosen and qualified or until
the expiration of their term, whichever shall first occur. The
Speaker and Speaker pro tempore shall take an oath to
support the Constitution of the United States and of the State
of Florida, and for the true and faithful discharge of their
duties of office to the best of knowledge and ability.
The minority party shall elect, at a Minority Caucus to be
held during the Organization Session of the House of Repre-
sentatives, a Minority Leader and a Minority Leader pro
tempore, the names of whom shall be certified to the Clerk of
the House. They shall continue in office until their successors
are chosen or until the expiration of their terms, whichever
shall first occur.
1.2-Election by Ballot
The election of the Speaker, the Speaker pro tempore, the
Minority Leader and the Minority Leader pro tempore shall be
by ballot. The Speaker and the Speaker pro tempore shall be
elected by the full membership of the House. The Minority
Leader and the Minority Leader pro tempore shall be elected by
the members of the minority party. In all cases of ballot, a
majority of the votes cast shall be necessary to win an election.
Where there shall not be a majority on the first ballot, the
Members voting shall then ballot on the two names receiving
the higher number of votes on the first ballot. Upon the re-
quest of five Members, the vote of each Member present shall
be entered upon the Journal.
1.3--Election of Clerk of the House
There shall be a Clerk who shall be elected for a period of
two years and shall keep open the Office of the Clerk during
and between sessions of the Legislature on a permanent basis.
A permanent staff of assistants shall be appointed to efficient-
ly transact such business as assigned, or required by law or
by rules of the House, during and between sessions of the
Legislature. The Clerk shall take an oath to support the Consti-
tution of the United States and of the State of Florida, and
for the true and faithful discharge of the duties of office to
the best of knowledge and ability.

1.4-Minority Leader's Responsibilities
The Minority Leader shall be responsible for the organiza-
tion, control and supervision of the Minority Office, including
the administration of the approved budget for the operation
of the Minority Office. The Minority Leader shall also be
responsible for assigning, coordinating and supervising the
work of the Minority Office staff. He shall perform all other
coordinating activities and duties relating to the minority party.
A majority of the minority members in caucus may confer
such additional duties on the Minority Leader as may be deemed
necessary.

1.5--Minority Leader pro tempore
In the temporary absence of the Minority Leader, the Minor-
ity Leader pro tempore shall assume the duties and functions
of the office of Minority Leader. In the event the office of
Minority Leader is vacated, nothing herein shall preclude a
majority of minority party members in caucus from electing a
new Minority Leader.

1.6-Designation and Dismissal of Employees



The Speaker shall, with the advice and consent of the Mem-
bers, designate the Sergeant at Arms. The Speaker shall employ
all employees of the House. The Speaker shall have the right
to dismiss any employee of the House and the pay of such
employee shall stop on the day of dismissal.



1.7-Employees Forbidden to Lobby
No employee of the House shall, directly or indirectly, be
interested or concerned with the passage or consideration of
any bill except duly authorized members of the staff designated
in writing by a Member of the House with authority over the
designated staff member as provided in Rule 13.1. If any
employee exhibits an improper interest or concern with any
bill it shall be grounds for dismissal pursuant to Rule 1.6.
1.8-Hours of Employment and Duties of Employees; Absence;
Political Activity
Employees shall perform the duties allotted to them by custom
and by rule of the House and by order of the Speaker. All
full-time employees shall observe a minimum of a forty hour
work week unless absence from duty is authorized by the
appropriate authority. If employees are absent without prior
permission, save for just cause, they shall be dismissed pursuant
to Rule 1.6 or forfeit compensation for the period of absence
upon the recommendation of the Committee on House Admin-
istration to the Speaker.
Employees of the House shall be regulated concerning their
political activity pursuant to Section 110.233, Florida Statutes.
1.9-Duties of Employees; Use of Suncom Lines
Members and non-member officers of the House shall have
first priority of the use of Suncom lines. Staff directors and
other House employees shall have second and third priority,
respectively. Suncom lines shall not be used by employees for
personal purposes and any employee using the Suncom line
for such purposes shall be subject to immediate dismissal.
1.10-Designation of Majority Leader, Majority Whip
There shall be a Majority Leader and a Majority Whip, each
of whom shall be designated by the Speaker to serve at his
pleasure and to perform such duties as may be assigned by the
Speaker from time to time.

Rule Two
THE SPEAKER
2.1-Calling the House to Order; and Correction of the Journal
The Speaker shall take the Chair on every legislative day pre-
cisely at the hour to which the House adjourned at the last
sitting, immediately call the Members to order and, on the
appearance of a quorum, cause prayer to be said and the Journal
of the previous proceedings to be corrected, and proceed to other
business.
2.2-Speaker Preserves Order on Floor, in Galleries and Lobby
The Speaker shall preserve order and decorum, and, in case
of disturbance or disorderly conduct in the galleries, or in the
lobby, may cause the same to be cleared.
2.3-Speaker's Control of Chamber, Corridors, and Rooms
The Speaker shall have general control of the Chamber of
the House, and of the corridors, passages and rooms assigned
to the House.
2.4-Speaker's Signature to Acts, Warrants, etc.; and Decision
of Questions of Order Subject to Appeal
The Speaker shall sign all acts, joint resolutions, resolutions,
memorials, writs, vouchers for expenditures chargeable to the
House or other papers issued by the House. The Speaker shall
decide all questions of order subject to an appeal by any Mem-
ber. The Speaker may require the Member raising a point of
order to cite the rule or other authority in support of the
question. Upon appeal, no Member (except the Member taking
the appeal) shall speak more than once, save by permission
of the House. The Member taking the appeal shall have the
right to speak five minutes in closing the debate.
Upon approval of the Speaker, expenses incurred for legal
services may be paid in cases when a Member is a party to a
suit in his legal capacity as a taxpayer or Member and when
such suit is determined by the Speaker to be of significant
interest to the House.
2.5-The Speaker's Vote



The Speaker shall not be required to vote in legislative pro-
ceedings other than on final passage of a bill, except where
the Speaker's vote would be decisive. In all yea and nay votes,
the Speaker's name shall be called last.



95



January 21, 1982











96 JOURNAL OF THE HOUSE

2.6-Speaker pro tempore
The Speaker shall have the right to name any Member to
perform the duties of the Chair, but such substitution shall not
extend beyond one legislative day. In the Speaker's absence and
omission to make such appointment, the Speaker pro tempore
shall act during the Speaker's absence. In the event of an
interim vacancy of the office of Speaker, through death or
resignation, or in the event of disability of the Speaker, the
Speaker pro tempore and such other officers as are listed in
Section 11.15(3), F.S., shall temporarily and for the period of
vacancy or disability conduct the necessary business of the
House.

Rule Three
THE CLERK
3.1-Clerk's Duties at Organization
The Clerk of the preceding session shall, at the beginning of
the Organization Session of the Legislature, call the Members
to order, proceed to call the roll of Members by districts in
numerical order, and pending the election of a Speaker or
Speaker pro tempore, preserve order and decorum, and decide
all questions of order subject to appeal by any Member. The
duties of this section may be delegated by the Clerk to any
Member.
3.2-Duties Generally; Keeps Journal
The Clerk shall cause to be kept a correct Journal of the
proceedings of the House, and this Journal shall be numbered
serially from the first day of each session of the Legislature.
As Enrolling Clerk, ex officio, and as Clerk, the Clerk of the
House shall superintend the engrossing, enrolling and trans-
mitting of bills, resolutions and memorials; shall not permit
any records or papers belonging to the House to be taken out
of the Clerk's custody other than in the regular course of
business and only then upon receipt and shall report any
missing papers to the Speaker.
3.3-Prepares Calendars
The Clerk shall prepare a Daily Calendar which shall set
forth: (1) the order of business; (2) the nature of the com-
mittee report on each bill, i.e., whether favorable, favorable
with committee amendments or favorable with committee
substitute, and (3) the status of each bill, i.e., whether on
second or third reading.
The Clerk shall publish, from time to time, an Interim
Calendar which shall record the receipt of prefiled bills and
the Speaker's reference of them, notices of committee meetings,
committee actions upon profiled bills, and such other informa-
tion as may be useful. This Interim Calendar, with notice of
committee meetings, shall be mailed to all Members of the
Legislature and other persons requesting this service, at least
seven calendar days prior to such meeting if practicable.
3.4-Reads Papers, Calls Roll
The Clerk shall have read to the House all papers ordered
to be read; note responses of Members when the roll is called
to determine the presence of a quorum; call the roll and note
the answers of Members when a question is taken by yeas and
nays; assist, under the direction of the Speaker, in taking the
count when any vote of the House is taken by a show of hands
or otherwise.
3.5-Attests Writs; Certifies Passage
The Clerk shall attest to all writs, authorizations for pay-
ment issued by order of the House, and to the passage of all
bills.
3.6-Prepares Printed Forms and Distributes Documents
The Clerk shall prepare the copy for all printed forms used
by the House. The Clerk shall have the responsibility for
distribution of documents originating in the Office of the Clerk.
3.7-Assigns Assistants



The Clerk shall assign such assistants as may be authorized
by the Speaker for the performance of the duties required of
the Clerk. These assistants shall be subject to the Clerk's
orders. In the necessary absence of the Clerk, a deputy desig-
nated by the Clerk shall serve as Acting Clerk with authority
to sign on behalf of the Clerk, documents which the Clerk is
authorized to sign by law or rule. The Clerk shall, however, be
responsible for authorized actions taken by the designated
deputy.



IE



SOF REPRESENTATIVES January 21, 1982

3.8-Responsibility for Legal Form of Bills, etc.
The Clerk shall examine bills upon their tender for intro-
duction to determine whether superficially these meet the re-
quirements of the Constitution for the presence of the enacting
or resolving clause or provision in local bills for advertising
or for referendum; but beyond calling an apparent defect to
the attention of the sponsor, the obligation of the Clerk shall
end and responsibility for legal and constitutional correctness
shall be that solely of the sponsor.
3.9-Keeps Indices
The Clerk shall maintain, in addition to a numerical index
of bills, a cumulative index of bills by their sponsors.

Rule Four
THE SERGEANT AT ARMS, CHAPLAIN
4.1-Sergeant at Arms Enforces Authority of House
The Sergeant at Arms shall attend the House during its sit-
tings, maintain order under the direction of the Speaker or
Member performing the duties of the Chair, and, pending the
election of a Speaker or Speaker pro tempore at the beginning
of the Organization Session of the Legislature, under the direc-
tion of the Clerk of the House, execute the commands of the
House, and all processes issued by authority thereof, directed
to the Sergeant at Arms.
4.2-General Duties of the Sergeant at Arms
The Sergeant at Arms shall enforce strictly the rules relating
to the privileges of the Chamber and be responsible to the
Speaker for the official conduct of doorkeepers and other
employees of the Sergeant's office. The Sergeant at Arms
shall assign such undesignated assistants as the Speaker au-
thorizes.
4.3-Sergeant at Arms the Custodian of Furniture, Books, etc.
The Sergeant at Arms shall, annually, take an inventory of
all the furniture, books, and other public property in the several
committee and other rooms under the Sergeant's charge, and
report the same to the Speaker. The Sergeant at Arms shall
do whatever is reasonable and proper for the expedition of the
business of the House.
4.4-The Sergeant at Arms Clears the Floor of Unauthorized
Persons
The Sergeant at Arms shall, fifteen minutes before the hour
of the meeting of the House each day, see that the floor is
cleared of all persons except those privileged to remain, and
the Sergeant at Arms shall do whatever may be possible and
proper to keep the public corridors outside the Chamber free of
loiterers so the Members will not be impeded in their passage.
4.5-Supervision of Sergeant at Arms
The Sergeant at Arms shall be under the supervision of the
Committee on House Administration or as otherwise directed
by the Speaker or by the Speaker-designate of the majority
party during the period between election and the Organization
Session.
4.6-Duties of the Chaplain
A Chaplain shall attend at the beginning of each day's sitting
of the House and open the same with prayer. In the absence of
a Chaplain, the Speaker may designate someone else to offer
prayer.

Rule Five
THE MEMBERS
5.1-Members Shall Vote
Every Member shall be within the House Chamber during its
sittings unless excused or necessarily prevented, and shall vote
on each question put, except that no Member shall be per-
mitted to vote on any question immediately concerning his
private rights as distinct from the public interest. This rule
shall not abridge the right of a Member to enter on the Journal
his reasons for such absention pursuant to Rule 5.10.



5.2-Excused Absence
The Speaker may excuse any Member from attendance on the
House and its committees for any stated period, and such ex-
cused absence shall be noted on the Journal.











JOURNAL OF THE HOUSE OF REPRESENTATIVES



5.3-Possession of Bills
No member or any other person shall take possession of an
original bill with the intention of depriving the Legislature of
its availability for consideration. The responsibility for the
safekeeping of original bills shall vest in the Clerk of the
House or, after being committed to a committee, in the com-
mittee chairman. The committee chairman may authorize a
staff member to sign for bills.
5.4-Members Deemed Present Unless Excused
Any Member, having answered roll call (taken either orally
or by the voting machine) at the opening of any daily session,
or who enters after roll call and informs the Clerk of his
presence, shall thereafter be deemed as present unless leave of
absence is obtained from the Speaker.
5.5--Contested Seat
In cases of contest for a seat in the House, notice setting
forth the grounds of such contest shall be given by the con-
testant to the House within three calendar days after the
House first convenes, and in such case, the contest shall be
determined by majority vote as speedily as reasonably possible.
5.6-Legislative Conduct
Legislative office is a trust to be performed with integrity
in the public interest. A Member of the House is jealous of
the confidence placed in him by the people. By personal ex-
ample and by admonition to colleagues whose behavior may
threaten the honor of the lawmaking body, he shall watchfully
guard the responsibility of his office.
5.7-Improper Influence
A Member of the House shall accept nothing which reasonably
may be construed to improperly influence his official act,
decision or vote.
5.8-Conflicting Employment
A Member of the House shall not allow his personal employ-
ment to impair his independence of judgment in the exercise
of his official duties.
5.9-Conflict of Interest
A Member of the House shall not directly or indirectly receive
or agree to receive any compensation for any services rendered
or to be rendered either by himself or another when such ac-
tivity is in substantial conflict with his duties as a Member of
the House.
5.10-Disclosure Disqualification
A Member of the House prior to taking any action or voting
upon any bill in which he has a personal, private or profes-
sional interest which inures to his special private gain, or the
special gain of any principal by whom he is retained or em-
ployed, shall disclose the nature of his interest as a public record
in a memorandum filed with the Clerk of the House and pub-
lished in the Journal of the House. Upon disclosure, such Mem-
ber may disqualify himself from voting on a bill in which he
has a conflict of interest pursuant to Rule 5.1.
5.11-Legislative Employees
Each Member of the House shall be responsible for calling
the provisions of Rule 1.7 of the House to the attention of any
staff for which the Member is directly responsible.
5.12-Advisory Opinions
A Member of the House, when in doubt about the applica-
bility and interpretation of this Rule in a particular context,
shall submit in writing the facts of the situation to a committee
designated by the Speaker to have responsibility for the ethical
conduct of Members with a request for an advisory opinion to
establish the standard of public duty. An advisory opinion shall
be rendered by the Committee, all of said opinions to be num-
bered, dated, and published in the Journal of the House. Said
opinions shall not identify the Member of the House seeking
the opinion unless such Member so requests.
5.13--Appearance Before Committee
Any Member requesting an opinion from the committee so
designated under Rule 5.12, after submitting the facts of the
situation in writing, may appear in person before the com-
mittee.
5.14--Penalties for Violations



Separately from any prosecutions or penalties otherwise pro-
vided by law, any Member of the House determined to have



violated the foregoing requirements of this Rule shall be cen-
sured, reprimanded, placed on probation or expelled. Such de-
termination and disciplinary action shall be taken by a two-
thirds vote of the House, upon recommendation of the Com-
mittee so designated under Rule 5.12. This committee, before
making said recommendation, shall conduct a hearing, after
notifying the House Member alleged to have violated this
Rule and granting said Member an opportunity to appear at
the hearing. The Member who is under investigation shall have
a right to testify on his own behalf, cross examine the wit-
nesses against him, compel the attendance and testimony of
witnesses on his own behalf before the committee shall make
a recommendation to the House.
5.15-Felony Indictment or Information of Member
(a) If an indictment or information for a felony, which
relates to the Member's responsibility as a public officer, is
filed against a Member of the House, the Member indicted or
informed against may request the Speaker to excuse the Mem-
ber, without pay, from all privileges of membership of the House
pending final adjudication.

(b) If the indictment or information is either nolle pressed
or dismissed, or if the Member is found not guilty of the felonies
charged, which relate to the Member's responsibility as a public
officer, or lesser included felonies, which relate to the Member's
responsibility as a public officer, then that Member shall be
paid all back pay and other benefits retroactive to the date the
Member was excused.

5.16-Felony Guilty Plea of a Member
A Member who enters a plea of guilty or nolo contender (no
contest) to a felony, which relates to the Member's responsibility
as a public officer, shall be suspended immediately, without a
hearing, without pay, from all privileges of membership of the
House through the remainder of that Member's term.
5.17-Felony Conviction of a Member
A Member convicted of a felony, which relates to the Mem-
ber's responsibility as a public officer, shall be suspended im-
mediately, without a hearing, without pay, from all privileges
of membership of the House pending appellate action or the
end of that Member's term whichever occurs first. If the final
appellate decision is to sustain the conviction on a felony, which
relates to the Member's responsibility as a public officer, then
that Member's suspension shall continue to the end of that
Member's term; if the final appellate decision is to vacate the
conviction and there is a rehearing, the Member shall be sub-
ject to Rule 5.15; if the final appellate decision is to vacate
the conviction and no felony charges, which relate to the
Member's responsibility as a public officer, remain against
that Member, that Member shall be entitled to restitution of
back pay and other benefits retroactive to the date of suspen-
sion.
5.18-Transition from Office
A Member of the House who will not be a Member at the
next ensuing regular session of the Legislature because of
failure to be re-elected at the general election shall be entitled
to a two-week transition period in which to close out the
duties of his office. The transition period shall begin at the
expiration of a Member's term. A former Member shall not
be entitled to salary during the transition period, but shall
receive a pro rata portion of the statutory monthly intra-
district expense entitlement for Members of the Legislature.
A former Member's staff shall be entitled to a pro rata salary
during such period, provided said staff performs all transitional
duties assigned by the former Member.
A former Member desiring transitional funds shall submit a
request in writing to the Clerk of the House for the expendi-
ture of such funds. Transitional funds provided pursuant to this
Rule shall be from House funds, the expenditure of which shall
be considered for a public purpose.

Rule Six
STANDING AND SELECT
COMMITTEES AND SUBCOMMITTEES
6.1-Standing Committees



The Speaker shall, beginning with the Organization Session,
appoint the members of the following standing committees:



January 21, 1982



97





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