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

Journa
of the

House

of Rep

rese

ntatives

Special

Session

of the

Seventh Legislature
under the Constitution of 1968

JUNE 21

through JUNE 22,

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

I

1982

MEMBERS OF THE HOUSE OF REPRESENTATIVES
[Democrats in Roman (84); Republicans in Italic (36)]

District District
Part of Escambia Parts of Citrus, Marion
1 Thomas J. "Tom" Tobiassen, Gonzalez 26 Dick Locke, Inverness
Part of Escambia Parts of Lake, Marion, Putnam, Seminole, Volusia
2 Virginia "Ginger" Bass, Pensacola 27 Bobby Brantley, Longwood
Parts of Escambia, Santa Rosa Part of Volusia
3 Grover C. Robinson, III, Pensacola 28 Samuel P. Bell, III, Ormond Beach
Part of Volusia
Parts of Escambia, Okaloosa, Santa Rosa 9 arT. Wetherell, Port Orange
4 Bolley L. "Bo" Johnson, Milton
Part of Volusia
Parts of Okaloosa, Walton 30 Tom C. Brown, Port Orange
5 James G. Ward, Fort Walton Beach
Part of Bay Part of Brevard
Part of Bay 31 Winston W. "Bud" Gardner, Jr., Titusville
6 Ronald Clyde "Ron" Johnson, Panama City
Holmes, Washington and parts of Bay, Jackson, Walton Part of Breardthy D. "Tim" Deratany, Indialantic
7 Sam Mitchell, Vernon 32 Timothy D. "Tim" Deratany, Indialantic
Part of Brevard
Calhoun, Gadsden, Gulf and parts of Bay, Franklin, 33 Marilyn B. Evans-Jones, Melbourne
Jackson
8 James Harold Thompson, Quincy Parts of Brevard, Orange, Seminole
34 Carl Selph, Casselberry
Liberty and parts of Franklin, Leon, Wakulla 34 Carl Selph Casselberry
9 Alfred J. "Al" Lawson, Jr., Tallahassee Part of Seminole
Part of Leon 35 Arthur E. "Art" Grindle, Altamonte Springs
10 Herbert F. "Herb" Morgan, Tallahassee Parts of Orange, Seminole
36 Thomas B. "Tom" Drage, Jr., Orlando
Dixie, Gilchrist, Jefferson, Lafayette, Levy, Taylor
and parts of Citrus, Marion, Wakulla Part of Orange
11 Gene Hodges, Cedar Key 37 Richard "Rich" Crotty, Orlando
Columbia, Hamilton, Madison, Suwannee Part of Orange
12 Wayne Hollingsworth, Lake City 38 Bruce McEwan, Orlando
Baker, Nassau, Union and parts of Bradford, Duval Part of Orange
13 George A. Crady, Yulee 39 Fran Carlton, Orlando
Part of Duval Part of Orange
14 Carl Ogden, Jacksonville 40 Alzo J. Reddick, Orlando
Part of Duval Part of Orange
15 Steve Pajcic, Jacksonville 41 Daniel Webster, Orlando
Part of Duval Parts of Osceola, Polk
16 John Thomas, Jacksonville 42 C. Fred Jones, Auburndale
Part of Duval Part of Polk
17 Corrine Brown, Jacksonville 43 Richard E. "Rick" Dantzler, Winter Haven
Part of Duval Part of Polk
18 John W. Lewis, III, Jacksonville 44 Gene Ready, Lakeland
Parts of Duval, St. Johns Part of Polk
19 William G. "Bill" Bankhead, Jacksonville 45 Beverly B. Burnsed, Lakeland
Part of Duval Parts of Lake, Sumter
20 Thomas L. "Tommy" Hazouri, Jacksonville 46 Everett A. Kelly, Astatula
Clay and parts of Bradford, St. Johns Hernando and parts of Pasco, Sumter
21 Frank Williams, Crystal Lake 47 Charles R. "Chuck" Smith, Brooksville
Flagler and parts of Putnam, St. Johns Part of Pasco
22 Hamilton D. Upchurch, St. Augustine 48 Raymond B. "Ray" Stewart, Zephyrhills
Parts of Alacbua, Putnam Part of Pasco
23 Sidney Sid" Martin, Hawthorne 49 Ronald R. "Ron" Richmond, Holiday

Part of Alachua Parts of Pasco, Pinellas
24 Jon L. Mills, Gainesville 50 Peter M. "Pete" Dunbar, Crystal Beach
Part of Marion Part of Pinellas
25 Christian "Chris" Meffert, Ocala 51 Byron Combee, Clearwater

District
Part of Pinellas
52 Betty Easley, Largo
Part of Pinellas
53 Dennis L. Jones, Treasure Island
Part of Pinellas
54 Dorothy Eaton Sample, St. Petersburg
Part of Pinellas
55 Douglas L. "Doug" Jamerson, St. Petersburg
Part of Pinellas
56 Peter Rudy Wallace, St. Petersburg
Part of Pinellas
57 Patricia L. Bailey, Pinellas Park
Part of Pinellas
58 T. M. "Tom" Woodruff St. Petersburg
Part of Hillsborough
59 John A. Grant, Jr., Tampa
Part of Hillsborough
60 Mary Figg, Lutz
Parts of Hillsborough, Pasco
61 Carl Carpenter, Jr., Plant City
Part of Hillsborough
62 S. L. "Spud" Clements, Jr., Brandon
Part of Hillsborough
63 James T. "Jim" Hargrett, Jr., Tampa
Part of Hillsborough
64 Helen Gordon Davis, Tampa
Part of Hillsborough
65 Elvin L. Martinez, Tampa
Part of Hillsborough
66 H. Lee Moffitt, Tampa
Hardee and part of Manatee
67 Lawrence F. "Larry" Shackelford, Palmetto
Part of Manatee
68 Peggy Simone, Bradenton
Parts of Manatee, Sarasota
69 Thomas E. "Tom" Danson, Jr., Sarasota
Part of Sarasota
70 Robert M. "Bob" Johnson, Sarasota
Parts of Charlotte, Sarasota
71 Frederic H. "Fred" Burrall, Port Charlotte
Parts of Charlotte, DeSoto, Lee
72 Vernon Peeples, Punta Gorda
Part of Lee
73 J. Keith Arnold, Fort Myers
Part of Lee
74 Fred R. Dudley, Fort Myers
Parts of Collier, Lee
75 Mary Ellen Hawkins, Naples
Glades, Hendry, Highlands and parts of Collier, De-
Soto, Okeechobee
76 Bert J. Harris, Jr., Lake Placid

Parts of Brevard, Indian River, Okeechobee, Osceola,
St. Lucie
77 Irlo "Bud" Bronson, Jr., Kissimmee

District
Parts of Brevard, Indian River, St. Lucie
78 R. Dale Patchett, Vero Beach
Parts of Martin, St. Lucie
79 Charles L. "Chuck" Nergard, Port St. Lucie
Parts of Martin, Palm Beach
80 James C. "Jim" Hill, Jr., Jupiter
Part of Palm Beach
81 James L. "Jim" Watt, Lake Park
Part of Palm Beach
82 Ray Liberti, West Palm Beach
Part of Palm Beach
83 Eleanor Weinstock, Palm Beach
Part of Palm Beach
84 Edward J. "Ed" Healey, West Palm Beach
Part of Palm Beach
85 Frank S. Messersmith, Lake Worth
Part of Palm Beach
86 Steve Press, Delray Beach
Parts of Broward, Palm Beach
87 Carol G. Hanson, Boca Raton
Part of Broward
88 Jack N. Tobin, Margate
Part of Broward
89 Joe Titone, Coral Springs
Part of Broward
90 Peter R. Deutsch, Sunrise
Part of Broward
91 Bill Clark, Lauderdale Lakes
Part of Broward
92 Robert J. "Bob" Shelley, Pompano Beach
Part of Broward
93 Deborah P. "Debby" Sanderson, Fort Lauderdale
Part of Broward
94 Tom Gustafson, Fort Lauderdale
Part of Broward
95 Anne Mackenzie, Fort Lauderdale
Part of Broward
96 Thomas H. Armstrong, Plantation
Part of Broward
97 Frederick "Fred" Lippman, Hollywood
Part of Broward
98 David J. Lehman, Hollywood
Part of Broward
99 Walter C. "Walt" Young, Pembroke Pines
Parts of Broward, Dade
100 Ronald A. "Ron" Silver, North Miami Beach
Part of Dade
101 Michael I. "Mike" Abrams, Miami
Part of Dade
102 Elaine Gordon, Miami
Part of Dade
103 Michael Friedman, Miami Beach

Part of Dade
104 Barry Kutun, Miami Beach

District
Part of Dade
105 Harold W. "Hal" Spaet, Miami Beach
Part of Dade
106 Jefferson "Jeff" Reaves, Sr., Miami
Part of Dade
107 James C. "Jim" Burke, Miami
Part of Dade
108 Willie Logan, Jr., Opa Locka
Part of Dade
109 Robert R. "Bob" Reynolds, Hialeah
Part of Dade
110 Ileana Ros, Miami
Part of Dade
111 Roberto Casas, Hialeah
Part of Dade
112 John F. Cosgrove, Coral Gables

District
Part of Dade
113 Humberto J. Cortina, Miami
Part of Dade
114 Elizabeth "Betty" Metcalf, Coral Gables
Part of Dade
115 Tim Murphy, Miami
Part of Dade
116 Art Simon, Miami
Part of Dade
117 C. Thomas "Tom" Gallagher, III, Coconut Grove
Part of Dade
118 Dexter W. Lehtinen, Miami
Part of Dade
119 Lawrence R. "Larry" Hawkins, Miami
Monroe and part of Dade
120 Joseph B. "Joe" Allen, Jr., Key West

OFFICERS OF THE HOUSE OF REPRESENTATIVES

Speaker-H. Lee Moffitt
Speaker pro tempore-Steve Pajcic

Clerk-Allen Morris
Sergeant at Arms-Wayne Westmark

7e Jour al OF THE

House of kepreseqjtatives

EIGHTH SPECIAL SESSION-"H" of 1980-1982

Number 1

Monday, June 21, 1982

Journal of the House of Representatives for a Special Session of the Seventh Legislature under the Constitu-
tion of 1968, convened by Proclamation of the Governor and held at the Capitol in the City of Tallahassee in the
State of Florida, on Monday, June 21, 1982.

The House was called to order at 11:00 a.m. by the Honorable
Ralph H. Haben, Jr., Speaker, pursuant to the following Procla-
mation, which was read:

PROCLAMATION
State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA
SENATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, the Legislature of the State of Florida ad-
journed its Regular Session for the year 1982 on March 25,
1982, and has been convened in and adjourned subsequent
Special Sessions without enacting certain urgently needed
legislation, and
WHEREAS, it is in the best interest of the citizens of Florida
that the Legislature be called to consider these matters;
NOW, THEREFORE, I, BOB GRAHAM, Governor of the
State of Florida, by virtue of the power and authority vested
in me by Article III, Section 3(c) (1), Florida Constitution, do
hereby proclaim as follows:
Section 1.
That the Legislature of the State of Florida is convened in
Special Session commencing at 11:00 a.m. on Monday, June 21,
1982 and extending through noon, Wednesday, June 23, 1982.
Section 2.
That the Legislature of the State of Florida is convened for
the sole and exclusive purpose of considering the following
matters:
1. Ratification of the Equal Rights Amendment.
2. Revision of Article I, Section 12 of the Florida Constitu-
tion relating to the exclusionary rule.
3. Amendments to Article I, Section 14, Florida Constitution
and Chapter 903, Florida Statutes, relating to pretrial
detention.
4. Amendment of Chapter 914 relating to immunity.
5. Legislation controlling armor piercing and exploding bul-
lets.
6. Amendment of Chapter 112, Florida Statutes, relating to
police records.
7. Legislation to ease prison overcrowding including:
a. Amendment of the Appropriations Bill.
b. Amendment of Chapter 947 relating to the number
of authorized Parole and Probation Commissioners
and the use of retired Commissioners.
c. Amendment of Chapter 253 to facilitate acquisition
of Federal land for prisons.
1

8. Amendment of Chapter 337 regarding bidding procedures
for Department of Transportation contracts.
9. Amendment of Chapter 401 regarding Emergency Medi-
cal Services.

IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to
be affixed to this proclamation con-
vening the Legislature in special ses-
sion at the Capitol, this 16th day of
June 1982.
BOB GRAHAM
Governor

ATTEST:
GEORGE FIRESTONE
Secretary of State

The following Members were recorded present:

The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans-Jones
Ewing
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 Ready
Lehtinen Reynolds
Lewis Richmond
Liberti Robinson
Lippman Rosen
Mann Sadowski
Martin Sample
Martinez Shackelford
McEwan Sheldon
McPherson, S. Silver
McPherson, T. Smith, C. R.
Meek Smith, J. H.
Meffert Smith, L. J.
Melby Spaet
Messersmith Steele
Mills Thomas
Mitchell Thompson
Moffitt Tygart
Moore Upchurch
Morgan Ward
Myers Watt
Nergard Webster
Nuckolls Weinstock
O'Malley Wetherell
Pajcic Williams
Patchett Woodburn
Patterson Woodruff
Plummer, J. Young
Plummer, L. H.
Price

Excused: Representative Danson; Representative Ogden, until
12:40 p.m.
A quorum was present.

WIS~~f

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Prayer
Prayer was offered by Representative Lawrence F. Shackel-
ford.

Pledge
The Members pledged allegiance to the Flag.

The following amended Proclamation was read:

PROCLAMATION
State of Florida
Executive Department
Tallahassee
(Amendment to Proclamation dated June 16, 1982)

TO THE HONORABLE MEMBERS OF THE FLORIDA SEN-
ATE AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, on the 16th day of June, 1982, a proclamation
of the Governor was issued convening a Special Session of the
Florida Legislature commencing at 11:00 a.m., Monday, June
:21, 1982 and extending through noon, Wednesday, June 23, 1982.
WHEREAS, it is necessary and in the best interest of the
citizens of the State of Florida to amend the Proclamation of
June 16, 1982 in order to expand the call of the Special Session
so that the Legislature may consider the additional legislative
business set forth below;
NOW, THEREFORE, I, BOB GRAHAM, Governor of the
State of Florida, by virtue of the power and authority vested
in me by Article III, Section 3(c)(1), Florida Constitution, do
hereby proclaim as follows:
1. That Sections one (1) and two (2) of the Proclamation
of the Governor dated June 16, 1982 are hereby amended to
read:
Section 1.
That the Legislature of the State of Florida is convened in
Special Session commencing at 11:00 a.m., Monday, June 21,
1982 and extending through noon, Wednesday, June 23, 1982.
Section 2.
That the Legislature of the State of Florida is convened for
the sole and exclusive purpose of considering the following
matters:
(a) Ratification of the Equal Rights Amendment.
(b) Revision of Article I, Section 12 of the Florida Constitu-
tion relating to the exclusionary rule.
(c) Amendments to Article I, Section 14, Florida Constitu-
tion and Chapter 903, Florida Statutes, relating to pre-
trial detention.
(d) Amendment of Chapter 914 relating to immunity.
(e) Legislation controlling armor piercing and exploding
bullets.
(f) Amendment of Chapter 112, Florida Statutes, relating
"to police records..
(g) Legislation to ease prison overcrowding including:
1. :Amendment of the Appropriations Bill.
S2. :Amendment of Chapter 947 relating to the number
of authorized Parole and Probation Commissioners
; and the use of retired Commissioners.
-8. Amendment, of Chapter 253 to facilitate acquisition
S..of Federal land for prisons.
4. Amendment of Chapter 944 to create community
diversion programs.

": Aendment of Chapter 944 to create aPrison Over-
crowding Advisory Committee.

(h) Amendment of Chapter 337 regarding bidding proce-
dures for Department of Transportation contracts.
(i) Amendment of Chapter 401 regarding Emergency Med-
ical Services.
(j) Amendment of Chapter 768 relating to medical malprac-
tice.
(k) Amendment of Section 212.057, Florida Statutes, relat-
ing to the optional local tax for sports, arts and recrea-
tion centers.
2. Except as amended by this Proclamation, the Procla-
mation of the Governor dated June 16, 1982, is ratified and
confirmed.

us IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused
the Great Seal of the State of Florida
to be affixed to this Proclamation
"convening the Legislature in Special
Session at the Capitol, this 21 day of
-o*s4 June 1982.

BOB GRAHAM
Governor
ATTEST:
GEORGE FIRESTONE
Secretary of State

The Journal
The Journal of May 21, 1982, Special Session "G", was ap-
proved as corrected.

Introduction and Reference
By Representatives Gordon, Lippman, Fox, Thomas, Hazouri,
Meek, Rosen, L. J. Smith, Bell, Sheldon, Evans-Jones, Mills,
Pajcie, Kimmel, Friedman, Batchelor, Wetherell, Lehtinen, Dera-
tany, O'Malley, Liberti, Woodburn, Spaet, Girardeau, Brown,
Reynolds, Cosgrove, Davis, Easley, Cox, Silver, Sadowski, L. H.
Plummer, C. A. Hall, L. R. Hawkins, Weinstock, Lehman, A. E.
Johnson, Ogden, T. McPherson, Gustafson, Young, Moffitt,
Messersmith, M. E. Hawkins, Dyer, Martin, Mann, Hattaway,
Kutun, Martinez, and Hodes-
HCR 1-H-A concurrent resolution ratifying the proposed
amendment to the Constitution of the United States relating to
equal rights for men and women.
WHEREAS, the 92nd Congress of the United States of Amer-
ica in both houses by a constitutional majority of two-thirds
thereof has made the following proposition to amend the Con-
stitution of the United States of America, in the following
words:
H. J. RES. 208:
JOINT RESOLUTION
Proposing an amendment to the Constitution of the United
States relative to equal rights for men and women.
RESOLVED BY THE SENATE AND HOUSE OF REPRE-
SENTATIVES OF THE UNITED STATES OF AMERICA IN
CONGRESS ASSEMBLED (TWO-THIRDS OF EACH HOUSE
CONCURRING THEREIN), That the following article is pro-
posed as an Amendment to the Constitution of the United
States, which shall be valid to all intents and purposes as part
of the Constitution when ratified by the legislatures of three-
fourths of the several states within seven years from the date
of its submission by the Congress:
"ARTICLE ____
"Section 1. Equality of rights under the law shall not be
denied or abridged by the United States or by any State on
account of sex.
"Section 2. The Congress shall have the power to enforce,
by appropriate legislation, the provisions of this article.

"Section 3. This Amendment shall take effect two years
after the date of -ratification." NOW, THEREFORE,

2

June 21, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Be It Resolved by the House of Representatives of the State
of Florida, the Senate Concurring:
That the proposed amendment set forth below to the Con-
stitution of the United States be, and the same is hereby, rati-
fied by the Legislature of the State of Florida:
"ARTICLE
"Section 1. Equality of rights under the law shall not be
denied or abridged by the United States or by any State on
account of sex.
"Section 2. The Congress shall have the power to enforce,
by appropriate legislation, the provisions of this article.
"Section 3. This Amendment shall take effect two years
after the date of ratification."
BE IT FURTHER RESOLVED, that certified copies of the
foregoing preamble and resolution be immediately forwarded by
the Secretary of State of the State of Florida, under the great
seal, to the President of the United States, the Secretary of State
of the United States, the President of the Senate of the United
States, the Speaker of the House of Representatives of the
United States, and the Administrator of General Services of
the United States.
-was read the first time by title. On motion by Rep. Gordon,
the rules were waived and the concurrent resolution was read
the second time.
Representative Bush offered the following amendment:
Amendment 1-On page 2, line 19, strike everything and all
lines thereafter and insert: Section 4. The State of Florida
conditions its ratification upon Congress mandating the equality
of rights for all persons is to include unborn children from the
time of conception. Said equality of rights shall be construed
to be the right of an unborn child to be born. (renumber sub-
sequent sections)
Rep. Bush moved the adoption of the amendment.
Rep. Moffitt raised a point of order, under Rule 11.8, that
the amendment unduly expanded the resolution and was there-
fore out of order.
After discussion, the Speaker said that the point of order
as to germanity under Rule 11.8 was not the controlling
question. He said, "The controlling question is, we are now on
an issue that goes to an amendment to the United States
Constitution. In order for ratification to exist in any orderly
fashion, it is necessary that the wording be not changed or
otherwise you would have a nullity as it relates to this State's
adoption of that amendment to the United States Constitution.
On that basis, I am therefore prepared to rule that any
amendment that changes the specific language would have the
net effect of killing the resolution, and therefore, the point is
well taken." And the amendment was ruled out of order.
Rep. Gordon moved the adoption of the concurrent resolution.
The absence of a quorum was suggested. A quorum of 116
Members was present. The question recurred on the adoption
of HCR 1-H. The vote was:
Yeas-60

Gardner
Girardeau
Gordon
Gustafson
Ha1l, C. A.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hodes
Johnson, A. E.
Kershaw
Kimmel
Kiser
Kutun

Boles
Brantley
Burnsed

Lehman
Lehtinen
Liberti
Lippman
Mann
Martin
Martinez
McPherson, T.
Meek
Messersmith
Mills
Moffitt
O'Malley
Pajcie
Patchett

Burrall
Bush
Carlton

Plummer, J.
Plummer, L. H.
Reynolds
Rosen
Sadowski
Sheldon
Silver
Smith, L. J.
Spaet
Steele
Thomas
Watt
Weinstock
Wetherell
Young

Carpenter
Casas
Clements

Crady
Crotty
Drage
Dunbar
Ewing
Foster
Grant
Hagler
Hall, L. J.
Hieber
Hodges, G.
Hodges, W. R.

Hollingsworth
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Lewis
McEwan
McPherson, S.
Meffert
Melby
Mitchell

Moore
Morgan
Myers
Nergard
Nuckolls
Patterson
Price
Ready
Richmond
Robinson
Sample
Shackelford

Smith, C. R.
Smith, J. H.
Thompson
Tygart
Upchurch
Ward
Webster
Williams
Woodburn
Woodruff

Votes after roll call:
Yeas-Ogden
So the concurrent resolution was adopted and, under the rule,
immediately certified to the Senate.

Explanation of Vote on HCR 1-H
I cast a no vote today for several reasons. While I have a
great deal of empathy for the economic aspect of the issues
surrounding ERA, and could vote for the amendment for these
reasons; the overwhelming opposition in my district was a
decisive factor in my no vote.
Additionally, the uncertainty of the results of the interpreta-
tion by the courts and the possibility of the creation of another
burgeoning bureaucracy in Washington to enforce the amend-
ment are also reasons that I voted no. I definitely support
legislation prohibiting discrimination for opportunity for em-
ployment, pay, education and credit.
Representative Ronald R. Richmond
37th District
Waiver of Rule 6 for Committee Meeting and Bills
On motion by Rep. Morgan, without objection, the rules were
waived and the Committee on Appropriations was given per-
mission to meet at 1:30 p.m. today in Morris Hall to consider
the following bills: appropriations for additional prison con-
struction and related items; federal land bill; retired com-
missioners bill; additional Parole Commissioners bill; local
Offender Advisory Council bill; and corrections overcrowding
task force bill.

Presentation of Former Members
Rep. Kiser presented the Honorable Dave Smith, former
Member of the House from Broward County.

Rep. Reynolds presented the Honorable William "Bill" Flynn,
former Member of the House from Dade County.

REP. G. HODGES IN THE CHAIR

Rep. Crotty moved that the rules be waived and HR 24-H be
taken up, which was agreed to and-
By Representative Crotty-
HR 24-H-A resolution commending the boys' and girls'
track teams of Oak Ridge High School in Orlando, Florida.
WHEREAS, on May 15, 1982, the boys' and girls' track
teams of Orlando's Oak Ridge High School won the class AAAA
State Championships, and
WHEREAS, in doing so, Oak Ridge became the first and
only high school in Florida ever to win both the boys' and
girls' championships in consecutive years, and
WHEREAS, the boys' team has won an unprecedented five
out of the last six state championships, including the last three
in a row, and
WHEREAS, the boys' victory included first places in the
440-yard dash by James Rolle; the 440-yard relay by Andra
Lee, Eugene Holley, Gerald Jackson, and James Rolle; the mile
medley relay by Andra Lee, Gerald Jackson, Kevin Anderson,
and Ken Franklin; and the mile relay by Kevin Anderson,
Eugene Holley, Gerald Jackson, and James Rolle, and
WHEREAS, the girls' victory included first places in the
100-yard dash by Michelle Finn, and the 440-yard relay by

Batchelor
Bell
Brodie
Brown
Cosgrove
Cox
Crawford
Davis
Deratany
Dyer
Easley
Evans-Jones
Fox
Friedman
Gallagher
Nays-58
The Chair
Allen
Bankhead

3

June 21, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Janet Levy, Andrea Hunter, Margaret Turman, and Michelle
Finn, and
WHEREAS, the performances of these athletes and their
teammates are a tribute to the skills and dedication of their
coaches, John Hemmer and Bill Stamper, and
WHEREAS, the accomplishments of these fine young men
and women bring distinction and credit to their families, their
school, and their community, and
WHEREAS, it is fitting and proper for the House of Repre-
sentatives to recognize the outstanding efforts and achieve-
ments of all those associated with the Oak Ridge High School
track teams, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State
of Florida:
That the House of Representatives hereby commends Oak
Ridge High School's boys' and girls' track teams for their
historic performances in Florida high school athletics.
BE IT FURTHER RESOLVED that a copy of this resolu-
tion be presented to the principal of Oak Ridge High School,
Mr. William Spoone, as a tangible token of the sentiments
expressed herein.
-was read the first time by title. On motions by Rep. Crotty,
the resolution was read the second time in full and adopted.

THE SPEAKER IN THE CHAIR

By Representatives Spaet, Cosgrove, Kutun, Watt, Silver,
L. R. Hawkins, Friedman, L. H. Plummer, Meek, Kershaw,
Gordon, C. A. Hall, W. R. Hodges, Lehtinen, L. J. Smith, S.
McPherson, Gallagher, Brodie, J. Plummer, Reynolds, Rosen,
Fox, Sadowski, Hollingsworth, Martin, Martinez, and Car-
penter-
HCR 32-H-A concurrent resolution commending the na-
tional champion University of Miami baseball team.
Rep. Spaet moved that HCR 32-H be admitted for introduc-
tion, the Speaker having ruled the measure outside the
purview of the Call. The motion was agreed to by the re-
quired Constitutional two-thirds vote and HCR 32-H was read
the first time by title. On motions by Rep. Spaet, the rules were
waived and the concurrent resolution was read the second
time in full, adopted, and, under the rule, immediately certi-
fied to the Senate.

By Representative Gallagher-
HB 10-H-A bill to be entitled An act relating to workers'
compensation; amending s. 440.385(3) (b) and (c), Florida Stat-
utes; providing the Florida Self-Insurers Guaranty Associa-
tion, Incorporated, the authority to charge fees to applicants
and members of the association; authorizing members of the
association to offset assessments against corporate income tax
liabilities to the state; providing an effective date.
Rep. Gallagher moved that HB 10-H be admitted for intro-
duction, the Speaker having ruled the measure outside the
purview of the Call. The motion was not agreed to by the
required Constitutional two-thirds vote. Therefore, HB 10-H
was not admitted for introduction.

By Representatives Lehtinen, L. J. Smith, Lippman, Young,
Hodes, Silver, Gustafson, Burnsed, Boles, McEwan, Messer-
smith, C. R. Smith, Lippman, Kimmel, Watt, Drage, Crotty,
W. R. Hodges, Brodie, D. L. Jones, Allen, A. E. Johnson, Nuck-
olls, Reynolds, Easley, Sample, Evans-Jones, Cosgrove, B. L.
Johnson, Hazouri, Shackelford, Williams, Dyer, M. E. Hawkins,
and Lewis-
HJR 31-H-A joint resolution proposing an amendment to
Section 12, Article I of the State Constitution, relating to
searches and seizures, to provide a rule of construction and to
limit the exclusion of evidence.
Be It Resolved by the Legislature of the State of Florida:

That the following amendment to Section 12 of Article I
of the State Constitution is hereby agreed to and shall be
submitted to the electors of this state for approval or rejec-
tion at the general election to be held in November 1982:

ARTICLE I
DECLARATION OF RIGHTS
SECTION 12. Searches and seizures.-The right of the
people to be secure in their persons, houses, papers and effects
against unreasonable searches and seizures, and against the
unreasonable interception of private communications by any
means, shall not be violated. No warrant shall be issued ex-
cept upon probable cause, supported by affidavit, particularly
describing the place or places to be searched, the person or
persons, thing or things to be seized, the communication to be
intercepted, and the nature of evidence to be obtained. This right
shall be construed in conformity with the 4th Amendment
to the United States Constitution, as interpreted by the United
States Supreme Court. Articles or information obtained in vio-
lation of this right shall not be admissible in evidence if such
articles or information would be inadmissible under decisions
of the United States Supreme Court construing the 4th Amend-
ment to the United States Constitution.
BE IT FURTHER RESOLVED that the following statement
be placed on the ballot:
CONSTITUTIONAL AMENDMENT
ARTICLE I, SECTION 12
SEARCHES AND SEIZURES.-Proposing an amendment to
the State Constitution to provide that the right to be free from
unreasonable searches and seizures shall be construed in con-
formity with the 4th Amendment to the United States Con-
stitution and to provide that illegally seized articles or infor-
mation are inadmissible if decisions of the United States Su-
preme Court make such evidence inadmissible.

On motion by Rep. Lehtinen, without objection, HJR 31-H
was taken up and read the first time by title. On motion by
Rep. Lehtinen, the rules were waived and the joint resolution
was read the second time by title.

Representative Thompson offered the following amendment:
Amendment 1-On page 1, line 28, strike the period and
insert: except that, notwithstanding federal judicial construc-
tion of the Fourth Amendment to the contrary, the exercise of
good faith in obtaining articles or information shall not be
determinative of the admissibility in evidence of such articles
or information obtained in violation of this section.

Rep. Thompson moved the adoption of the amendment, which
failed of adoption. The vote was:

Yeas-35

Batchelor
Boles
Carpenter
Cox
Davis
Deratany
Dunbar
Easley
Friedman

Nays-73
Allen
Bankhead
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Casas
Clements
Cosgrove
Crady
Crawford
Crotty
Drage
Dyer
Evans-Jones
Ewing

Girardeau
Gordon
Grant
Hall, C. A.
Hattaway
Hawkins, L. R.
Hodges, G.
Jones, C. F.
Kershaw

Foster
Fox
Gallagher
Gardner
Gustafson
Hagler
Hall, L. J.
Hawkins, M. E.
Hazouri
Hieber
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kelly
Kimmel
Kiser

Martinez
Meek
Mitchell
Moffitt
Morgan
Pajcic
Plummer, J.
Price
Richmond

Kutun
Lehman
Lehtinen
Lewis
Liberti
Lippman
Mann
McEwan
McPherson, S.
McPherson, T.
Meffert
Melby
Messersmith
Moore
Myers
Nergard
Nuckolls
Patterson
Plummer, L. H.

Rosen
Sadowski
Sheldon
Silver
Spaet
Thomas
Thompson
Upchurch

Ready
Reynolds
Robinson
Sample
Shackelford
Smith, C. R.
Smith, J. H.
Smith, L. J.
Steele
Tygart
Watt
Webster
Williams.
Woodburn
Woodruff
Young

4

June 21, 1982

June 21, 1982 JOURNAL OF THE HOUSI

On motion by Rep. Lehtinen, the rules were waived and HJR
31-H was read the third time by title. On passage, the vote
was:

Fox
Gallagher
Gardner
Grant
Gustafson
Hagler
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins;, M. E.
Hazouri
Hieber
Hodes
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kiser

Gordon
Hall, C. A.
Hodges, G.
Martinez
Meek

Yeas-89
The Chair
Allen
Bankhead
Bell
Boles
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cox
Crawford
Crotty
Drage
Dunbar
Dyer
Easley
Evans-Jones
Ewing

Price
Ready
Reynolds
Robinson
Sample
Shackelford
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Tygart
Ward
Watt
Webster
Wetherell
Williams
Woodburn
Woodruff
Young

Kutun
Lehman
Lehtinen
Lewis
Liberti
Lippman
Mann
McEwan
McPherson, S.
McPherson, T.
Meffert
Melby
Messersmith
Mills
Mitchell
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
Patterson
Plummer, L. H.

Moffitt
Plummer, J.
Richmond
Rosen
Sadowski

OF REPRESENTATIVES 5

Amendment 1-On page 2, line 18, strike the period and in-
sert: except that the sales amount above $1,000 of any one
transaction shall not be taxable.
Rep. Easley moved the adoption of the amendment, which
failed of adoption. The vote was:

Yeas-44

Bankhead
Brantley
Brodie
Burrall
Carlton
Casas
Crotty
Drage
Dunbar
Easley
Ewing

Nays-48

Allen
Bell
Brown
Burnsed
Bush
Carpenter
Cosgrove
Cox
Crady
Dyer
Foster
Friedman

Fox McEwan
Gallagher McPherson, S.
Grant Melby
Hawkins, L. R. Mitchell
Hieber Myers
Hodges, W. R. Nergard
Johnson, A. E. Nuckolls
Jones, D. L. Patchett
Kelly Plummer, J.
Kiser Price
Lehtinen Ready

Gardner
Girardeau
Gustafson
Hall, L. J.
Hawkins, M. E.
Hazouri
Hodes
Hollingsworth
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kershaw

Kimmel
Kutun
Lehman
Liberti
Lippman
Martinez
Meek
Meffert
Messersmith
Moore
Morgan
Ogden

Richmond
Sample
Smith, C. R.
Smith, J. H.
Steele
Tygart
Ward
Webster
Williams
Woodburn
Woodruff

Pajcic
Reynolds
Robinson
Rosen
Sadowski
Shackelford
Silver
Smith, L. J.
Spaet
Thompson
Watt
Young

Votes after roll call:
Yeas-Crady, Pajcic, Brantley
Nays-Weinstock
Yeas to Nays-L. R. Hawkins, Cox
So the joint resolution passed by the required Constitutional
three-fifths vote of the membership and was immediately certi-
fied to the Senate.

By Representatives Kutun, Moffitt, and Dyer-
HB 29-H-A bill to be entitled An act relating to tax on
sales, use and other transactions; amending s. 212.057(1), (2),
(3), (4), and (7), Florida Statutes, and adding subsections (8)
and (9) thereto, relating to a discretionary additional tax for
sports, arts and recreation centers; specifying applicability to
purchases made in jurisdictions not levying such a tax under
certain circumstances; providing method of taxing certain serv-
ices billed on a monthly cycle; providing for refund of additional
tax paid by certain contractors; providing penalties; specifying
that use of the proceeds of the tax includes interest accrued
thereto; specifying additional centers for which proceeds may
be used; revising provisions relating to the referendum at
which the tax must be approved; requiring a ballot statement
as part of the tax ordinance and modifying the ballot question;
revising the date by which a county may declare its intent not
to levy the tax; authorizing levy of the tax by the most
populous municipality if levy by the county is not approved;
providing for payment of costs of administration; providing for
reports on expenses by the Department of Revenue; providing
for disposition of tax collected after a specified date; requiring
governing authorities levying the tax to notify the department;
providing applicable brackets for imposition of the tax; pro-
viding severability; providing an effective date.

On motion by Rep. Kutun, without objection, HB 29-H was
taken up and read the first time by title. On motion by Rep.
Kutun, the rules were waived and the bill was read the second
time by title.

REP. G. HODGES IN THE CHAIR

Representative Easley offered the following amendment:

Votes after roll call:
Nays-C. A. Hall
Yeas to Nays-A. E. Johnson
Nays to Yeas-Reynolds

Representative Easley offered the following title amendment:

Amendment 2-On page 1, line 7, after the semicolon insert:
extending the tax for a period of 15 months; exempting the
sales amount above $1,000 for any single transaction;
Rep. Easley moved the adoption of the amendment. Pending
consideration thereof-

Recessed
On motion by Rep. Bell, the House recessed at 1:31 p.m. to
reconvene at 2:30 p.m. today.

Reconvened

The House was called to order by the Speaker at 2:30 p.m.
A quorum was present.

Continuation of HB 29-H

HB 29-H was taken up on second reading, with Amendment 2
pending. Without objection, the amendment was withdrawn.

Representatives Bush and Lehman offered the following
amendment:

Amendment 3-On page 6, lines 11 and 12, strike all of said
lines and insert: held in conjunction with the 1982 general
election. Any

Rep. Bush moved the adoption of the amendment. Rep. Kutun
moved the amendment be laid on the table, which was not agreed
to. The question recurred on the adoption of the amendment,
which was adopted.

Sheldon
Thomas
Thompson
Upchurch

Nays-19
Batchelor
Davis
Deratany
Friedman
Girardeau

- --- --- -- ------ -

E

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Representatives Watt, Kimmel, Liberti, Messersmith, and
Moore offered the following amendment:
Amendment 4-On page 2, lines 12-18, strike all of said
lines, and insert: (1) (a)1. Subject to the provisions of this sec-
tion, the governing authority in each county is authorized to
levy, for the period January 1, 1983, through December 31, 1983,
or any portion thereof, a discretionary additional 1 percent tax
on all transactions occurring in the county which are subject
to the state tax imposed on sales, use, rentals, admissions and
other transactions as provided in this chapter.
2. Subject to the provisions of this section, the governing
authority in each county, at the option of the county, and in-
stead of subparagraph 1. is authorized to levy, for the period
January 1, 1984, through December 31, 1984, or any portion
thereof, a discretionary additional 1 percent tax on all trans-
actions occurring in the county which are subject to the state
tax imposed on sales, use, rentals, admissions and other trans-
actions as provided in this chapter. Any county which elects to
levy the tax as set forth in this subparagraph shall proceed
pursuant to the provisions of this section, provided that all
appropriate dates as set forth in this section shall be advanced
by one year.
Rep. Watt moved the adoption of the amendment, which failed
of adoption.

On motion by Rep. Kutun, the rules were waived and HB
29-H, as amended, was read the third time by title. On passage,
the vote was:

Yeas-50

Friedman
Gardner
Girardeau
Gustafson
Hagler
Hall, C. A.
Hawkins, M. E.
Hazouri
Hodes
Hollingsworth
Johnson, B. L.
Johnson, R. C.
Kershaw

Gallagher
Grant
Hall, L. J.
Hattaway
Hieber
Hodges, W. R.
Jones, D. L.
Kelly
Kimmel
Kiser
Lehtinen
Lewis
Mann

Kutun
Lehman
Liberti
Lippman
Martin
Martinez
McPherson, T.
Meffert
Mitchell
Moffitt
Moore
Morgan
Ogden

McEwan
McPherson, S.
Melby
Messersmith
Myers
Nergard
Nuckolls
Patchett
Plummer, J.
Plummer, L. H.
Richmond
Rosen
Sample

Patterson
Price
Reynolds
Robinson
Shackelford
Sheldon
Silver
Smith, L. J.
Thompson
Wetherell
Young

Smith, C. R.
Smith, J. H.
Steele
Tygart
Upchurch
Watt
Webster
Williams
Woodburn
Woodruff

Votes after roll call:
Yeas-Spaet, Meek
Nays-Gordon, Boles, Carlton
Yeas to Nays-M. E. Hawkins, Clements
Nays to Yeas-Grant
So the bill passed, as amended, and was immediately certified
to the Senate after engrossment.

By Representatives Haben, L. J. Smith, Woodburn, Lehman,
Crawford, Hollingsworth, Kiser, and A. E. Johnson-
HB 20-H-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.
-was taken up and read the first time by title. On motions
by Rep. L. J. Smith, the rules were waived and HB 20-H was

read the second time by title and the third
passage, the vote was:

Yeas-105
The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cox
Crady
Crotty
Davis
Deratany
Drage
Dunbar
Easley
Evans-Jones
Ewing
Foster

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

June 21, 1982

time by title. On

Lehman Reynolds
Lehtinen Richmond
Lewis Robinson
Liberti Rosen
Lippman Sample
Mann Shackelford
Martin Sheldon
Martinez Silver
McEwan Smith, C. R.
Meek Smith, J. H.
Meffert Smith, L. J.
Melby Spaet
Messersmith Steele .
Mitchell Thomas
Moffitt Thompson
Moore Tygart
Morgan Watt
Myers Webster
Nergard Weinstock
Nuckolls Wetherell
Ogden_ Williams
Patchett Woodburn
Patterson Woodruff
Plummer, J. Young
Plummer, L. H.
Price
Ready

Nays-None
Votes after roll call:
Yeas-T. McPherson, Dyer, Cosgrove
So the bill passed and was immediately certified to the Sen-
ate.

Messages from the Senate

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed as
amended SB 17-H and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Scott and others-
SB 17-H-A bill to be entitled An act relating to the judi-
ciary; providing for the election of the two new circuit judges
for the Seventeenth Judicial Circuit and for the two new county
court judges for Broward County and the county judge for
Volusia County; providing an effective date.
Rep. Cox moved that SB 17-H be admitted for introduction,
the Speaker having ruled the measure outside the purview of
the Call. The motion was agreed to by the required Constitu-
tional two-thirds vote and SB 17-H was read the first time
by title. On motion by Rep. Cox, the rules were waived and
the bill was read the second time by title.

Representative Upchurch offered the following amendment:
Amendment 1-On page 1, line 14, following the word
"County" insert: and the additional county court judge author-
ized for St. Johns County
Rep. Upchurch moved the adoption of the amendment, which
was adopted.

Representative Upchurch offered the following title amend-
ment:
Amendment 2-On page 1, line 5, following the words
"Broward County" insert: and the additional county court
judge authorized for St. Johns County

6

The Chair
Allen
Bankhead
Bell
Brown
Carpenter
Clements
Cosgrove
Cox
Crady
Davis
Dyer
Foster

Nays-49
Batchelor
Brantley
Brodie
Burrall
Bush
Casas
Crotty
Deratany
Drage
Dunbar
Easley
Evans-Jones
Fox

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Rep. Upchurch moved the adoption of the amendment, which
was adopted.

On motion by Rep. Cox,
as amended, was read the
vote was:

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

the rules were waived and SB 17-H,
third time by title. On passage, the

Lehtinen Richmond
Lewis Robinson
Liberti Rosen
Lippman Sample
Mann Shackelford
Martin Sheldon
Martinez Silver
McEwan Smith, C. R.
McPherson, S. Smith, J. H.
R. McPherson, T. Smith, L. J.
.E. Meek Spaet
Melby Steele
Messersmith Thomas
Mitchell Thompson
Moffitt Tygart
'th Moore Upchurch
E. Morgan Watt
L. Myers Webster
C. Nergard Weinstock
O'Malley Wetherell
Patchett Williams
Patterson Woodburn
Plummer, J. Woodruff
Plummer, L. H. Young
Price
Ready
Reynolds

Nays-None
Votes after roll call:
Yeas-Batchelor, Nuckolls, Cosgrove
So the bill passed, as amended, and was immediately cer-
tified to the Senate after engrossment.

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the
required constitutional two-thirds vote and passed SB 18-H and
requests the concurrence of the House.
Joe Brown, Secretary

By Senator Ware and others-
SB 18-H-A bill to be entitled An act relating to Pinellas
County; amending section 8 of chapter 70-907, Laws of Florida,
as amended by chapter 82-368, Laws of Florida; providing that
the ad valorem tax levied by the Pinellas Suncoast Transit
Authority shall be levied on the taxable real property in the
transit area; providing for a referendum.
Proof of publication of the required notice was attached.

Rep. Easley moved that SB 18-H be admitted for introduction,
the Speaker having ruled the measure outside the purview of
the Call. The motion was agreed to by the required Constitu-
tional two-thirds vote and SB 18-H was read the first time by
title. On motions by Rep. Easley, the rules were waived and
SB 18-H was read the second time by title and the third time
by title. On passage, the vote was:

Yeas-103

Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cox

Crady
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley

Evans-Jones
Ewing
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.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Jones, C. F.
Jones, D. L.

Kimmel
Kiser
Lewis
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Melby
Messersmith
Mitchell
Moffitt
Moore
Myers

Nergard
Nuckolls
Ogden
O'Malley
Patchett
Patterson
Plummer, J.
Plummer, L. H.
Price
Ready
Reynolds
Richmond
Robinson
Rosen
Sample
Shackelford
Sheldon
Silver

Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Tygart
Upchurch
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodburn
Woodruff
Young

Yeas-105
The Chair
Allen
Bankhead
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Casas
Clements
Cox
Crady
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Ewing
Foster
Fox
Friedman
Gallagher

Nays-None
Votes after roll call:
Yeas-Cosgrove, R. C. Johnson, Lehman, Kelly
So the bill passed and was immediately certified to the
Senate.

Recessed
The House stood in informal recess at 3:10 p.m. to reconvene
at 4:00 p.m. or upon call of the Speaker.

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

Continuation of Introduction and Reference

On motion by Rep. Ogden, the House agreed to take up only
bills within the Call of the Governor.

By Representatives Sheldon, L. J. Smith, and Lehtinen-
HJR 43-H-A joint resolution proposing an amendment to
Section 14, Article I of the State Constitution, relating to
pretrial release and detention.
-was read the first time by title. On motion by Rep. Sheldon,
the rules were waived and the joint resolution was read the
second time by title.

Representative Crawford offered the following amendment:
Amendment 1-On page 2, line 4, strike "July 1" and insert:
January 1
Rep. Crawford moved the adoption of the amendment, which
was adopted.
On motion by Rep. Sheldon, the rules were waived and HJR
43-H, which now reads as follows, was read the third time.
HJR 43-H-A joint resolution proposing an amendment to
Section 14, Article I of the State Constitution, relating to pre-
trial release and detention.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment to Section 14 of Article I
of the State Constitution is hereby agreed to and shall be
submitted to the electors of this state for approval or re-
jection at the general election to be held in November 1982,
and, if approved, shall take effect July 1, 1983:
ARTICLE I
DECLARATION OF RIGHTS
Section 14. Pretrial release and detention -a4l.-Unless
charged with a capital offense or an offense punishable by life
imprisonment and the proof of guilt is evident or the presump-
tion is great, -nti4 adjndged guilty, every person charged with
a crime or violation of municipal or county ordinance shall be
entitled to pretrial release on reasonable conditions. If no
conditions of release can reasonably protect the community

The Chair
Allen
Bankhead
Batchelor
Boles
Brantley
Brodie
Brown

7

June 21, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

from risk of physical harm to persons, assure the presence of
the accused at trial, or assure the integrity of the judicial
process, the accused may be detained. be* with e4feiue sety
*nIesse ha'ged with k eep4tal eofen-e er an offense punishable
by li4e impeis nment and the pe4 0 4 gailT- 's evident e e the
pr-esumption is great.
BE IT FURTHER RESOLVED that the following statement
be placed on the ballot:
CONSTITUTIONAL AMENDMENT
ARTICLE I, SECTION 14
PRETRIAL RELEASE AND DETENTION.-Proposing an
amendment to the State Constitution, effective January 1,
1983, to provide that a person charged with a crime or a viola-
tion of a municipal or county ordinance, other than a capital
offense or an offense punishable by life imprisonment, shall be
entitled to release before trial unless enumerated conditions
indicate that the person should be detained.
On passage of HJR 43-H, the vote was:

Easley
Evans-Jones
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, W. R.
Hollingsworth
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw

Sadowski

Kimmel
Kiser
Kutun
Lehman
Lehtinen
Lewis
Liberti
Lippman
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meffert
Melby
Messersmith
Mitchell
Moffitt
'Moore
Morgan
Myers
Nergard
Ogden
Patchett
Patterson
Plummer, J.

Weinstock

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

Votes after roll call:
Yeast-Thompson, Nuckolls, Ewing, Thomas, G. Hodges
So the joint resolution passed, as amended, by the required
Constitutional three-fifths vote of the membership and was
immediately certified to the Senate after engrossment.

REP. G. HODGES IN THE CHAIR

By the Committee on Appropriations-
HB 38-H-A bill to be entitled An act making supplemental
appropriations to the 1982 General Appropriations Act; pro-
viding additional moneys for the annual period beginning July
1, 1982, and ending on June 30, 1983, to pay salaries and other
expenses, capital outlay (buildings and improvements), and for
other specified purposes of the Department of Corrections and
the Florida Parole and Probation Commission which are in
addition to those moneys appropriated in chapter 82-215, Laws
of Florida; providing an effective date.
-was read the first time by title. On motions by Rep. Morgan,
the rules were waived and HB 38-H was read the second time
by title and the third time by title. On passage, the vote
was:

Yeas-106
The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cox
Crady
Crawford
Crotty
Davis
Deratany
Dyer
Easley
Evans-Jones
Ewing
Foster

Nays-3
Pajcic

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

Thomas

Lehtinen
Lewis
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Patchett
Patterson
Plummer, J.
Plummer, L. H.

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

Woodruff

Votes after roll call:
Yeas-Cosgrove, Drage, A. E. Johnson, Gordon
So the bill passed and was immediately certified to the
Senate.

By Representatives Ward and Mills-
HB 36-H-A bill to be entitled An act relating to correc-
tions; authorizing the Board of Trustees of the Internal Im-
provement Trust Fund to purchase federal surplus land as sites
for correctional facilities; directing the Auditor General to
conduct certain performance audits; providing expiration and
effective dates.
-was read the first time by title. On motion by Rep. Ward,
the rules were waived and the bill was read the second time by
title.

Representatives Grant, Foster, Clements, Kiser, Dunbar, Car-
penter, and Woodruff offered the following amendment:
Amendment 1-Insert: Section After the effective date of
this act no new prison facilities shall be constructed until the
Governor's Advisory Commission on Prisons has reviewed and
favorably approved the location of the site of the facility.
The provisions of this section shall not apply to the renovation,
repair, or construction of facilities at existing sites. (and re-
number the subsequent sections)

Rep. Grant moved the adoption of the amendment. Rep.
Morgan raised a point of order that the amendment was not
germane and unduly expanded the bill. The Chair ruled the point
well taken and the amendment out of order.
On motion by Rep. Ward, the rules were waived and HB
36-H was read the third time by title. On passage, the vote
was:

Yeas-107

The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie

Brown
Burnsed
Burrall
Bush
Carpenter
Casas
Clements
Cosgrove

Cox
Crady
Crawford
Crotty
Davis
Deratany
Drage
Dunbar

Dyer
Easley
Evans-Jones
Ewing
Foster
Friedman
Gardner
Girardeau

Yeas--101
The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Deratany
Drage
Dunbar
Dyer

Nays--3
Rosen

8

June 21, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Grant
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Nays-None

Kimmel
Kiser
Kutun
Lehman
Lehtinen
Lewis
Liberti
Lippman
Martin
Martinez
McEwan
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt

Morgan
Myers
ANergard
Nuckolls
Ogden
Pajcic
Patchett
Patterson
Plummer, J.
Plummer, L. H.
Price
Ready
Reynolds
Richmond
Robinson
Rosen
Sample
Shackelford
Sheldon

Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Steele
Thomas
Thompson
U church
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodburn
Woodruff
Young

Votes after roll call:
Yeas-Carlton, Fox, Mann, Gordon
So the bill passed and was immediately certified to the
Senate.

Recalled
On motion by Rep. Sheldon, HJR 43-H was recalled for the
purpose of further consideration.

By Representatives Mills and Ward-
HB 37-H-A bill to be entitled An act relating to correc-
tions; creating s. 944.021, Florida Statutes; creating a cor-
rections overcrowding task force to make recommendations with
respect to prison overcrowding; providing for appointment and
responsibilities; providing for a report to the Governor and
Legislature; providing an effective date.
-was read the first time by title. On motion by Rep. Mills,
the rules were waived and the bill was read the second time by
title.

Representative Ward offered the following amendment:
Amendment 1-On page 1, lines 23-31, strike all and insert:
Justice of the Supreme Court and the Governor.
Rep. Ward moved the adoption of the amendment, which was
adopted.

Representative Ward offered the following amendment:
Amendment 2-On page 2, line 29, strike "Department of
Corrections" and insert: substantive and appropriations com-
mittees of each house
Rep. Ward moved the adoption of the amendment, which was
adopted.

Representative Richmond offered the following amendment:
Amendment 3-On page 1, line 8, after "Representative" in-
sert: one from the minority party.
Rep. Richmond moved the adoption of the amendment, which
failed of adoption. The vote was:

Yeas--46

Bankhead
Batchelor
Brantley
Brodie
Burrall
Bush
Casas
Crotty
Deratany
Drage
Dunbar
Easley

Evans-Jones
Ewing
Foster
Gallagher
Grant
Hall, C. A.
Hawkins, M. E.
Hieber
Hodges, W. R.
Jones, D. L.
Kimmel
Kiser

Lippman
McEwan
McPherson, S.
McPherson, T.
Melby
Messersmith
Moore
Myers
Nergard
Nuckolls
O'Malley
Plummer, J. -

Ready
Richmond
Sample
Smith, J. H.
Steele
Tygart
Watt
Webster
Woodburn
Woodruff

Nays-57
Bell
Boles
Brown
Burnsed
Carlton
Carpenter
Clements
Cosgrove
Cox
Crady
Crawford
Davis
Fox
Friedman
Gardner

Girardeau
Gustafson
Hagler
Hall, L. J.
Hattaway
Hawkins, L. R.
Hazouri
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Kelly
Kutun
Lehman
Mann

Martin
Martinez
Meek
Meffert
Mills
Mitchell
Moffitt
Morgan
Pajcic
Patterson
Plummer, L. H.
Price
Reynolds
Robinson
Rosen

Shackelford
Silver
Smith, C. R.
Smith, L. J.
Thomas
Thompson
Upchurch
Ward
Weinstock
Wetherell
Williams
Young

Votes after roll call:
Yeas to Nays-Lippmafi
Representative Richmond offered the following amendment:
Amendment 4-On page 1, line 20, after "Senator" insert:
one from the minority party.
Rep. Richmond moved the adoption of the amendment, which
failed of adoption.

Representative Foster offered the following amendment:
Amendment 5-On page 2, line 30, insert: Section After
the effective date of this act no new prison facilities shall be
constructed until the Board of County Commissioners of the
affected county has reviewed and favorably approved the loca-
tion of the site of the facility. The provisions of this section
shall not apply to the renovation, repair, or construction of
facilities at existing sites. (and renumber the subsequent sec-
tions)

Rep. Foster moved the adoption of the amendment, which
failed of adoption. The vote was:

Yeas-47
Bankhead
Boles
Brantley
Brodie
Bush
Casas
Crotty
Davis
Drage
Dunbar
Easley
Ewing

Nays-50
Batchelor
Brown
Carlton
Carpenter
Clements
Cosgrove
Cox
Crady
Deratany
Dyer
Evans-Jones
Friedman
Gardner

Foster
Fox
Gallagher
Grant
Hattaway
Hieber
Hodges, W. R.
Hollingsworth
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kimmel

Girardeau
Hagler
Hall, C. A.
Hall, L. J.
Hawkins, M. E.
Hazouri
Johnson, A. E.
Jones, C. F.
Kelly
Kershaw
Lehman
Liberti
Lippman

Kiser
McEwan
McPherson, S.
Melby
Mitchell
Moore
Morgan
Myers
Nergard
Patchett
Plummer, J.
Price

Mann
Martin
Martinez
McPherson, T.
Meek
Meffert
Mills
Moffitt
Nuckolls
Ogden
O'Malley
Pajcic
Patterson

Ready
Richmond
Sample
Smith, J. H.
Thompson
Upchurch
Watt
Webster
Williams
Woodburn
Woodruff

Plummer, L. H.
Reynolds
Robinson
Rosen
Shackelford
Silver
Smith, C. R.
Smith, L. J.
Ward
Weinstock
Young

Votes after roll call:
Yeas-Spaet
Nays-Lewis, Sheldon, Gordon
Yeas to Nays-Morgan

June 21, 1982

9

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Representative Gallagher offered the following amendment:
Amendment 6-On page 2, line 30, strike all of Section 2 and
insert: Section 2. The provisions of this act shall expire on
April 1, 1983.
Section 3. This act shall take effect July 1, 1982.
Rep. Gallagher moved the adoption of the amendment, which
was adopted.

Rep. Mills moved that the rules be waived and HB 37-H, as
amended, be read the third time by title, which was not agreed
to by two-thirds vote. The vote was:

Yeas-64

Gardner
Girardeau
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hawkins, L. R.
Hazouri
Hodges, W. R.
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kelly
Kutun
Lehman

Ewing
Fox
Gallagher
Grant
Hattaway
Hawkins, M.
Rieber
Jones, D. L.
Kershaw
Kimmel
Kiser
McEwan

Lehtinen
Lewis
Liberti
Lippman
Mann
Martin
Martinez
McPherson, T.
Meek
Meffert
Mills
Mitchell
Moffitt
Morgan
Ogden
O'Malley

McPherson, S.
Melby
Messersmith
Moore
Myers
E. Nergard
Nuckolls
Patchett
Plummer, J.
Ready
Reynolds
Richmond

Votes after roll call:
Yeas-Gordon
Nays to Yeas-Fox
Under Rule 8.19, the bill was referred to
Clerk.
Rep. Price moved that the rules be waived
taken up, which was agreed to, and-

Pajceic
Patterson
Plummer, L. H.
Price
Robinson
Rosen
Sheldon
Silver
Smith, C. R.
Smith, L. J.
Spaet
Thompson
Upchurch
Ward
Wetherell
Young

Sample
Smith, J. H.
Steele
Thomas
Tygart
Watt
Webster
Williams
Woodburn
Woodruff

the Engrossing

and HR 6-H be

WHEREAS, he sponsored a "Skate for Faith" fund raising
activity to help pay medical expenses of a young child who
had been hospitalized for several months and raised nearly
$5,000 through his efforts, and
WHEREAS, Officer Casale has developed a new program
this year called "Officer Friendly Fish-A-Thon" which will in-
volve 2,000 to 3,000 school children in Pinellas County, and
WHEREAS, Officer Casale continues to be a source of dedi-
cation, compassion, and concern for the citizens of Pinellas
County, thereby considerably raising the level of community
support for law enforcement, and
WHEREAS, Officer Casale should be recognized for his out-
standing contributions to law enforcement in this state, NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State of
Florida:
That the members of the House of Representatives of the
State of Florida hereby express their gratitude to Officer
Fred R. Casale of the Clearwater Police Department for his
efforts in garnering community support for law enforcement
and protecting the citizens of this state and hereby recognize
Officer Fred R. Casale as Florida Law Enforcement Officer
of the Year for 1982.
BE IT FURTHER RESOLVED, that a copy of this resolu-
tion be presented to Officer Fred R. Casale as a tangible token
of the sentiments expressed herein.
-was read the first time by title. On motions by Rep. Price,
the resolution was read the second time in full and adopted.

By Representatives Mills and Ward-
HB 39-H-A bill to be entitled An act relating to corrections;
creating s. 944.927, Florida Statutes, the Local Offender Ad-
visory Council Act; providing legislative intent with respect to
establishment of community programs to provide sentencing
alternatives for certain nonviolent offenders; providing for
local offender advisory councils in participating counties and
cities and specifying duties thereof; providing for assistance
by the Department of Corrections; providing procedure for
withdrawal from the program; providing an effective date.
-was read the first time by title. On motion.by Rep. Mills,
the rules were waived and the bill was read the second time by
title.

The Committee on Appropriations offered the following
amendment:
Amendment 1-On page 1, line 21, after "counties" insert:
may

Representatives Ward and Mills offered the following sub-
stitute amendment:
Substitute Amendment 1-On pages 1-3, strike everything
after the enacting clause and insert:

Section 1. Section 944.927, Florida Statutes, is created to
By Representative Price- read:

HR 6-H-A resolution recognizing Officer Fred R. Casale as
the Florida Law Enforcement Officer of the Year for 1982.
WHEREAS, Officer Fred R. Casale has received numerous
letters of commendation during his career with the Clearwater
Police Department over the past 10 years and is the recipient
of awards from the Knights of Columbus and the Clearwater
Jaycees for his outstanding efforts in the field of law enforce-
ment, and
WHEREAS, Officer Casale has developed tremendous com-
munity support for law enforcement through his work with
school-aged children as "Officer Friendly" and has raised the
image of policemen as caring, concerned servants of the com-
munity in which they serve, and
WHEREAS, Officer Casale has presented many programs
in public schools on safety and on crime awareness and has
gained the respect and admiration of school administrators,
teachers, business leaders and most importantly, the young
citizens of his community, and

944.927 Local Offender Advisory Council Act.-
(1) It is the intent of the Legislature that cities and coun-
ties or combinations thereof may develop, establish, and main-
tain community programs to provide the judicial system with
sentencing alternatives for certain nonviolent offenders who
may require less than institutional custody but more than
probation supervision. It is further intended that such programs
provide increased opportunities for offenders to make restitu-
tion to victims of crime through financial reimbursement or
community service, while promoting efficiency and economy in
the delivery of correctional services.
(2) In the event that cities or counties or combinations
thereof elect to develop establish and maintain such community
programs, they shall provide support to a local offender
advisory council composed of members appointed by the county
or city governing body; if a combination thereof, an equal
number of members shall be appointed by each participating
governing body. Each council shall also include in its member-
ship two persons appointed by the chief judge of the circuit

The Chair
Batchelor
Boles
Brown
Burnsed
Carlton
Carpenter
Clements
Cosgrove
Cox
Crady
Crawford
Davis
Dyer
Foster
Friedman

Nays-46
Bankhead
Brantley
Brodie
Burrall
Bush
Casas
Crotty
Deratany
Drage
Dunbar
Easley
Evans-Jones

10

June 21, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

serving the jurisdiction or jurisdictions participating on the
committee, and one person appointed by the appropriate regional
office of the Department of Corrections. Such councils shall be
responsible for:
(a) Identifying and developing community services and pro-
grams for use by the courts in diverting offenders from state
correctional institutions.
(b) Providing a mechanism whereby all offenders with
needs for services will be linked to appropriate agencies and
individuals.
(c) Upon referral to the council by the circuit court, deter-
mining if an appropriate behavioral contract can be developed
with an offender in a community program as an alternative to
incarceration, and providing findings and recommendations to
the referring judge.
(3) The Department of Corrections is authorized to assist
a county or city, or combination thereof, to develop and to
enter into contracts to establish, pursuant to the provisions of
this section, community programs to provide the judicial system
with sentencing alternatives for those offenders sentenced to
incarceration but who may require less supervision than that
provided in a state correctional institution. The department, in
consultation with members of the judiciary is further authorized
and directed to prescribe standards for the development, opera-
tion and evaluation of programs and services authorized by
this section.
(4) Any participating cities or counties or combinations
thereof may, at the beginning of any fiscal year, by ordinance or
resolution of its governing authority, notify the department of
its intention to terminate the local offender advisory council.
The department shall notify the Governor and the appropriate
substantive and appropriations committees of the Legislature
of any such termination, which shall be effective 60 days
following notice to the department.
(5) Any participating cities or counties or combinations
thereof creating such boards may make recommendations to
the department with regard to future adoption of fiscal incen-
tives to encourage further development of existing programs.
Rep. Ward moved the adoption of the substitute amendment.
During consideration thereof, Rep. Martin moved the pre-
vious question on the substitute amendment, the amendment,
and the bill, which was agreed to. The question recurred on the
adoption of the substitute amendment, which was adopted.
On motion by Rep. Mills, the rules were waived and HB 39-H,
as amended, was read the third time by title. On passage, the
vote was:

Yeas--44

Hawkins, L. R.
Hazouri
Johnson, A. E.
Johnson, R. C.
Kelly
Kershaw
Lehtinen
Liberti
Lippman
Martin
Martinez

Crotty
Deratany
Drage
Dunbar
Easley
Evans-Jones
Gallagher
Gardner
Grant
Hattaway
Hieber
Hodges, W. R.
Johnson, B. L.
Jones, C. F.
Jones, D. L.

Meek
Meffert
Mills
Mitchell .
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
Pajcic

Kimmel
Kiser
Kutun
Lehman
Lewis
Mann
McEwan
McPherson, S.
Melby
Messersmith
Patchett
Patterson
Plummer, J.
Price
Reynolds

Plummer, L. H.
Ready
Robinson
Rosen
Sadowski
Sheldon
Silver
Thomas
Tygart
Ward
.Weinstock

Richmond
Sample
Shackelford
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thompson
Upchurch
Watt
Webster
Wetherell
Williams
Woodburn
Woodruff

Votes after roll call:
Yeas-Young, T. McPherson
Nays-Foster, Hollingsworth, Ewing
Yeas to Nays-Cosgrove, Robinson
So the bill failed to pass.

On motion by Rep. Sheldon-
HJR 43-H-A joint resolution proposing an amendment to
Section 14, Article I of the State Constitution, relating to pre-
trial release and detention.
-was taken up, having been recalled. On further motion by
Rep. Sheldon, the House reconsidered the vote by which HJR
43-H passed as amended.

Representative Crawford offered the following amendment:
Amendment 2-On page 1, line 13, strike "July 1" and insert:
January 1
Rep. Crawford moved the adoption of the amendment, which
was adopted by two-thirds vote.

The question recurred on the passage of HJR 43-H, which
now reads as follows:
HJR 43-H-A joint resolution proposing an amendment to
Section 14, Article I of the State Constitution, relating to pre-
trial release and detention.
Be It Resolved by the Legislature of the State of Florida:
That the following amendment to Section 14 of Article I of
the State Constitution is hereby agreed to and shall be sub-
mitted to the electors of this state for approval or rejection at
the general election to be held in November 1982, and, if ap-
proved, shall take effect January 1, 1983:
ARTICLE I
DECLARATION OF RIGHTS
Section 14. Pretrial release and detention Bail.-Unless
charged with a capital offense or an offense punishable by
life imprisonment and the proof of guilt is evident or the pre-
sumption is great, 4nt4 e: djudged g gilty every person charged
with a crime or violation of municipal or county ordinance shall
be entitled to pretrial release on reasonable conditions. If no
conditions of release can reasonably protect the community
from risk of physical harm to persons, assure the presence of
the accused at trial, or assure the integrity of the judicial
process, the accused may be detained. bail with esufeieint sfeety
an4ees charged with a capital eoffese e- -i oeense u-nishable
by lie finpsenmen-t and the preef4 fgil i t is evident e- the
presume ien is great
BE IT FURTHER RESOLVED that the following statement
be placed on the ballot:
CONSTITUTIONAL AMENDMENT
ARTICLE I, SECTION 14
PRETRIAL RELEASE AND DETENTION.-Proposing an
amendment to the State Constitution, effective January 1, 1983,
to provide that a person charged with a crime or a violation
of a municipal or county ordinance, other than a capital offense
or an offense punishable by life imprisonment, shall be entitled
to release before trial unless enumerated conditions indicate
that the person should be detained.
On passage of HJR 43-H, the vote was:

Yeas-104

Bankhead.
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall

Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford

Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans-Jones
Foster

Fox
Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
:Gustafson
Hagler

Cosgrove
Cox
Crady
Dyer
Fox
Friedman
Girardeau
Gustafson
Hagler
Hall, C. A.
Hall, L. J.

Nays-60
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Crawford

June 21, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kimmel

Nays-3
Meek

Kiser
Lehman
Lehtinen
Lewis
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meffert
Melby
Messersmith
Mills
Moffitt

Rosen

Moore Sheldon
Morgan Silver
Myers Smith, C. R.
Nergard Smith, J. H.
Nuckolls Smith, L. J.
Ogden Spaet
Patchett Steele
Patterson Thompson
Plummcr, J. Tygart
Plummer, L. H. Ward
Price Watt
Ready Webster
Reynolds Wetherell
Richmond Williams
Robinson Woodburn
Sample Woodruff
Shackelford Young

Weinstock

Votes after roll call:
Yeas-Ewing
Nays-Sadowski
So the joint resolution passed, as further amended, by the
required Constitutional three-fifths vote of the membership
and was immediately certified to the Senate after engross-
ment.

By Representative Ward-
HB 58-H-A bill to be entitled An act relating to the Parole
and Probation Commission; amending s. 947.04(1), Florida Stat-
utes; providing for the appointment of consenting retired com-
missioners to the Parole and Probation Commission when the
chairman certifies a workload need; providing an effective date.
-was read the first time by title. On motion by Rep. Ward,
the rules were waived and the bill was read the second time by
title.

Representative Ward offered the following amendment:
Amendment 1-On page 1, lines 25-27, strike all of said lines
and insert: provided for in this chapter. The Governor and
Cabinet may assign consenting retired commissioners to tem-
porary duty at the request of the chairman. Any such commis-
sioner
Rep. Ward moved the adoption of the amendment, which was
adopted.

Representative Ward offered the following title amendment:
Amendment 2-On page 1, lines 6 and 7, strike all of said
lines and insert: and Probation Commission by the Governor
and Cabinet; providing an
Rep. Ward moved the adoption of the amendment, which was
adopted.

On motion by Rep. Ward, the rules were waived and HB 58-H,
as amended, was read the third time by title. On passage, the
vote was:

Yeas--75

The Chair
Allen
Batchelor
Bell
Brodie
Brown
Burnsed
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox

Crady
Crawford
Davis
Drage
Dyer
Easley
Fox
Friedman:
Gallagher
Gardner
Girardeau
Gordon
Gustafson

Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hieber
Johnson, A. E.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kershaw
Kimmel
Kutun

Lehman
Lehtinen
Liberti
Lippman
Mann
Martin.
Martinez
McPherson, S.
McPherson, T.
Meek
Messersmith
Mills
Mitchell

Moffitt
Moore
Morgan
Ogden
Patterson
Plummer, L. H.

Nays-35
Bankhead
Boles
Brantley
Burrall
Bush
Crotty
Deratany
Evans-Jones
Foster

Ready
Reynolds
Robinson
Rosen
Shackelford
Sheldon

Grant
Hawkins, M. E.
Hazouri
Hodges, W. R.
Hollingsworth
Johnson, B. L.
Kelly
Kiser
Lewis

Silver
Smith, L. J.
Spaet
Thomas
Thompson
Tygart

McEwan
Meffert
Melby
Myers
Nergard
Nuckolls
Patchett
Plummer, J.
Price

Upchurch
Ward
Watt
Weinstock
Young

Richmond
Sample
Smith, C. R.
Smith, J. H.
Webster
Williams
Woodburn
Woodruff

Votes after roll call:
Yeas-Ewing
Nays-Dunbar
So the bill passed, as amended, and was immediately certified
to the Senate after engrossment.

THE SPEAKER IN THE CHAIR

By Representatives Ward and Mills-
HB 59-H-A bill to be entitled An act relating to the Parole
and Probation Commission; amending s. 947.01, Florida Stat-
utes, increasing the number of members of the commission;
providing an effective date.
-was read the first time by title. On motion by Rep. Ward,
the rules were waived and the bill was read the second time
by title.
Rep. Martin moved the previous question, which was not
agreed to.

Representative Boles offered the following amendment:
Amendment 1-On page 1, line 17, strike all lines 17, 18, &
19 and insert: (1) Nine members who are qualified by their
knowledge and experience to perform the work of the commis-
sion efficiently; and
Rep. Boles moved the adoption of the amendment. On motion
by Rep. Ward, the amendment was laid on the table. The vote
was:

Yeas-53

Batchelor
Brown
Burnsed
Burrall
Carpenter
Cosgrove
Cox
Drage
Dunbar
Easley
Fox
Friedman
Gallagher
Gardner
Nays-44
The Chair
Bankhead
Boles
Brantley
Bush
Casas
Clements
Crady
Crawford
Crotty
Davis

Girardeau
Gordon
Grant ,
Hall, C. A.
Hawkins, L. R.
Hawkins, M. E.
Hieber
Johnson, A. E.
Jones, D. L.
Kershaw
Lehman
Liberti
Lippman
Martin

Deratany
Dyer
Hagler
Hall, L. J.
Hattaway
Hazouri
Hodges, G.
Hodges, W. R.
Johnson, B. L.
Jones, C. F.
Kelly

Martinez
Meek
Melby
Mills
Mitchell
Moffitt
Morgan
Nuckolls
Ogden
Pajcic
Plummer, L.
Reynolds
Richmond
Robinson

Kimmel
Kutun
Lewis
McEwan
McPherson, S.
Meffert
Messersmith
Moore
Myers
Nergard
Patchett

Rosen
Sadowski
Silver
Smith, L. J.
Spaet
Thompson
Ward
Watt
Weinstock
Woodruff
H. Young

Patterson
Plummer, J.
Sample
Smith, C. R.
Smith, J. H.
Steele
Upchurch
Webster
Wetherell
Williams
Woodburn

12

June 21, 1982

JOURNAL :OF THE HOUSE OF REPRESENTATIVES

Votes after roll call:
Nays-Hollingsworth

Representative Girardeau offered the following amendment:
Amendment 2-On page 1, lines 20-28, strike all such lines
Rep. Girardeau moved the adoption of the amendment, which
failed of adoption.

Representative Easley offered the following amendment:
Amendment 3-On page 1, line 30, strike the period and
insert: and shall expire July 1, 1984.

Rep. Easley moved the adoption of the amendment.
During consideration thereof, Rep. Richmond moved the pre-
vious question on the amendment and the bill, which was
agreed to. The question recurred on the adoption of the amend-
ment, which was adopted.

On motion by Rep. Ward, the rules were waived and HB
59-H, as amended, was read the third time by title. On passage,
the vote was:

Yeas-40
Allen Gordon
Burnsed Hagler
Carlton Hall, C. A.
Cosgrove Hawkins, L. R.
Cox Hazouri
Crady Hollingsworth
Davis Johnson, A. E.
Easley Jones, D. L.
Friedman Kershaw
Girardeau Kutun

Nays-69
Bankhead Foster
Batchelor Fox
Boles Gallagher
Brantley Gardner
Brodie Grant
Brown Gustafson
Burrall Hall, L. J.
Bush Hattaway
Carpenter Hawkins, M. E.
Casas Hieber
Clements Hodges, G.
Crawford Hodges, W. R.
Crotty Johnson, B. L.
Deratany Johnson, R. C.
Drage Jones, C. F.
Dunbar Kelly
Dyer Kimmel
Evans-Jones Lehman
Votes after roll call:

Liberti
Lippman
Martin
Martinez
Meek
Melby
Mills
Mitchell
Moffitt
Morgan

Lewis
McEwan
McPherson, S.
McPherson, T.
Meffert
Messersmith
Moore
Myers
Nergard
Nuckolls
Patchett
Patterson
Plummer, J.
Price
Ready
Robinson
Rosen
Sample

Plummer, L. H.
Reynolds
Richmond
Sadowski
Sheldon
Spaet
Thomas
Thompson
Ward
Weinstock

Shackelford
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Steele
Tygart
Upchurch
Watt
Webster
Wetherell
Williams
Woodburn
Woodruff
Young

Nays-Mann, Ewing
Yeas to Nays-Hollingsworth
So the bill failed to pass.

By Representative Gallagher-
HB 10-H-A bill to be entitled An act relating to workers'
compensation; amending s. 440.385(3) (b) and (c), Florida Stat-
utes; providing the Florida Self-Insurers Guaranty Association,
Incorporated, the authority to charge fees to applicants and
members of the association; authorizing members of the asso-
ciation to offset assessments against corporate income tax
liabilities to the state; providing an effective date.
Rep. Gallagher moved that HB 10-H be admitted for intro-
duction, the Speaker having ruled the measure outside the
purview of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and HB 10-H was read the first
time by title. On motion by Rep. Gallagher, the rules were
waived and the bill was read the second time by title.

REP. G. HODGES IN THE CHAIR

Representatives Pajcic and Gallagher offered the following
amendment:
Amendment 1-On page 3, lines 19 thru 24 strike all of said
lines and insert: (13) CORPORATE INCOME TAX CREDIT
(a) A member may offset against its corporate income tax
liability to the state any assessment levied under s. 440.385(3)
(c) to the extent of such taxes paid in the current year, pro-
vided that in no event shall the credit for any year exceed 1%
of the annual normal premium of the member had it not been
self-insured.
(b) Any sums acquired by a member by refund, dividend or
otherwise from the association shall be payable within 30 days
of receipt to the Department of Revenue for deposit with the
State Treasurer to the credit of the state General Revenue
Fund. All provisions, of Chapter 220 relating to penalties and
interest on delinquent corporate income tax payments shall
apply to payments due under this subsection.
Section 2. Paragraph (a) of subsection (1) of section 220.-
13, as amended by Chapter 82-232 and Chapter 82-385, Laws
of Florida, is amended to read:
220.13 Adjusted federal income defined.-
(1) "Adjusted federal income" means an amount equal to
the taxpayer's taxable income as defined in subsection (2), or
said taxable income of more than one taxpayer as provided in
s. 220.131, for the taxable year, adjusted as follows:
(a) Additions.-There shall be added to such taxable in-
come:
(1) The amount of income tax paid or accrued as a liability
to this state under this code which is deductible from gross
income in the computation of taxable income for the taxable
year;
2. The amount of interest which is excluded from taxable
income under s. 103 (a) of the Internal Revenue Code or any
other federal law, less the associated expenses disallowed in
the computation of taxable income under s. 265(2) of the
Internal Revenue Code or any other law;
3. In the case of a regulated investment company or real
estate investment trust, an amount equal to the excess of the
net long-term capital gain for the taxable year over the amount
of the capital gain dividends attributable to the taxable year.
4. That portion of the wages or salaries paid or incurred
for the taxable year which is equal to the amount of the
credit allowable for the taxable year under s. 220.181. The
provisions of this subparagraph shall expire and be void on
June 30, 1986.
5. That portion of the ad valorem school taxes paid or
incurred for the taxable year which is equal to the amount
of the credit allowable for the taxable year under s. 220.182.
The provisions of this subparagraph shall expire and be void
on December 31, 1986.
6. The amount of emergency excise tax paid or accrued as
a liability to this state under chapter 221 which is deductible
from gross income in the computation of taxable income for the
taxable year.
7. That portion of assessments to fund a guaranty asso-
ciation incurred for the taxable year which is equal to the
amount of the credit allowable for the taxable year.
Section 3. This act shall take effect upon becoming a law.
The provisions of s. 440.385(13) (a) shall expire and be void
on July 1, 1987.
Rep. Gallagher moved the adoption of the amendment, which
was adopted. --

Representatives Pajeie and Gallagher offered the following
amendment: .
Amendment 2-On page 1, line 16, after "amended" insert:
, and subsection (13) of said section is created,

Rep. Gallagher moved the adoption of the amendment, which
was adopted.

June 21, 1982

13

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Representatives Pajcic and Gallagher offered the following
title amendment:
Amendment 3-On page 1, lines 4 thru 10 strike all of said
lines and insert: statutes, and creating subsection (13) there-
of; providing the Florida Self-Insurers Guaranty Association,
Incorporated, the, authority to charge fees to applicants and
members of the association; providing for corporate income tax
credits for certain assessments and for payment to the state
of certain monies provided to association members; amending
paragraph (a) of subsection (1) of section 220.13, F.S.; provid-
ing for an addition to adjusted taxable income for certain tax
credits allowed to members of guaranty associations; providing
an effective date.
Rep. Gallagher moved the adoption of the amendment, which
was adopted.

On motion by Rep. Gallagher, the rules were waived and HB
10-H, as amended, was read the third time by title. On passage,
the vote was:

Yeas-108

Evans-Jones
Foster
Fox
Friedman
Gallagher
Girardeau
Gordon
Grant
Hagler
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
IIieber
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
Lewis
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
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
Thompson
Tygart
Upchurch
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodburn
Woodruff
Young

Hall, C. A.

Votes after roll call:
Yeas-Ewing
Nays to Yeas-Gardner
So the bill passed, as amended, and was immediately certi-
fied to the Senate after engrossment.

Message from the Senate
The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has passed as amended SB 19-H and requests the
concurrence of the House.
Joe Brown, Secretary

By Senator McKnight-
SB 19-H-A bill to be entitled An act relating to health
care; reviving and readopting, notwithstanding the Regulatory
Sunset Act, the Florida Emergency and Nonemergency Medi-
cal Services Act; amending s. 401.21, Florida Statutes; provid-
ing a short title; creating s. 401.211, Florida Statutes; provid-
ing legislative intent; amending s. 401.23, Florida Statutes;
providing definitions; creating s. 401.235, Florida Statutes;
authorizing the appointment of an advisory council; providing

for membership, expenses, and terms; amending s. 401.24, Flor-
ida Statutes; providing for a comprehensive state plan; amend-
ing s. 401.25, Florida Statutes; providing for basic and ad-
vanced life support service licenses; authorizing self-insurance;
deleting provisions relating to temporary licenses; requiring a
medical director; creating s. 401.252, Florida Statutes; providing
for inter-hospital transfer; amending s. 401.26, Florida Stat-
utes; providing for vehicle permits; deleting provisions relat-
ing to temporary permits; amending s. 401.27, Florida Statutes;
providing for certification of emergency medical technicians
and paramedics; prohibiting an uncertified person from holding
himself out as an emergency medical technician or paramedic;
providing penalties; creating s. 401.281, Florida Statutes; pro-
viding standards for ambulance drivers; amending s. 401.30,
Florida Statutes; providing for maintenance of records; amend-
ing s. 401.31, Florida Statutes; providing for inspections;
amending s. 401.33, Florida Statutes; providing exemptions;
amending s. 401.34, Florida Statutes; providing for establish-
ment, collection, and disposition of fees; providing exemptions;
amending s. 401.35, Florida Statutes; providing for adoption
of rules; amending s. 401.38, Florida Statutes; providing for
participation in federal programs; amending s. 401.41, Florida
Statutes; specifying offenses and penalties; providing enhanced
penalties for assault or battery on an ambulance driver, emer-
gency medical technician, or paramedic; creating s. 401.411,
Florida Statutes; providing for disciplinary actions; creat-
ing s. 401.413, Florida Statutes; providing for administra-
tive fines; amending s. 401.43, Florida Statutes; providing pen-
alties for fraudulently obtaining service; amending s. 401.44,
Florida Statutes; providing penalties for turning in a false
alarm; amending s. 401.45, Florida Statutes; prohibiting denial
of emergency services in specified situations; allowing to stand
repealed under the Regulatory Sunset Act ss. 401.46, 401.47,
Florida Statutes, relating to advanced life support services and
paramedics; requiring a report to the Governor and Legisla-
ture; providing for legislative review; amending section 39 of
chapter 82-225, Laws of Florida; providing for legislative re-
view of ss. 500.417, 500.419, 500.431 and 500.432, Florida Stat-
utes; repealing s. 395.010(3), Florida Statutes; relating to
access to proceeding and records of hospitals and ambulatory
surgical centers; providing an effective date.
-was read the first time by title. On motion by Rep.
Sadowski, the rules were waived and the bill was read the
second time by title.

Representatives Sadowski and Gordon offered the following
amendment:
Amendment 1-On pages 3-40, strike everything after the
enacting clause and insert: Section 1. Subsection (3) of sec-
tion 395.010, Florida Statutes, created by chapter 82-182, Laws
of Florida, is amended to read:
395.010 Licensed facilities; disciplinary powers.-
(3) The proceedings and records of committees and govern-
ing bodies which relate solely to actions taken in carrying out
the provisions of this section shall not under any circumstances
be subject to inspection under the provisions of chapter 119;
nor shall meetings held pursuant to achieving the objectives of
such committees and governing bodies be open to the public
under the provisions of chapter 286.
Section 2. Section 401.21, Florida Statutes, is amended to
read:
401.21 Short title.-Sections 401.21-401.44 40447 ehall be
knewn and may be cited as the "Florida Emergency and Non-
emergency Medical Services Act."
Section 3. Section 401.211, Florida Statutes, is created to
read:
401.211 Legislative intent.-Because emergency and non-
emergency medical transportation services represent a construc-
tive and essential investment in the future of the state, it is
the intent of the Legislature to provide for emergency and
nonemergency medical transportation services that are essential
to the health and well-being of all citizens of the state. The
purpose of this act is to protect and enhance the public health,
welfare, and safety through the provision and oversight of
such services in a positive manner.

Section 4. Section 401.23, Florida-Statutes, is amended to
r e a d : .

The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley

Nays-2
Gardner

14

June 21; 1982

JOURNAL OF THE HOUSI

401.23 Definitions.-As used in this act; unlesss the eentean
ele4l indicates otherwise:
(1)(-2-)- "Advanced life support" means treatment of life-
threatening medical emergencies through the use of techniques
such as endotracheal intubation, the administration of drugs,
intravenous fluids, telemetry, cardiac monitoring, and cardiac
defibrillation, by a qualified person, pursuant to rules of the
department.
(2)-4-4 "Advanced life support service 4lie support eerv-
iees44i-re -reseue" means any emergency medical transport or
nontransport service fire departmen-t which uses prToides ad-
vanced life support techniques as defined in this act serves
bAt wiceh does net otinely taensp+ot those prsoens eeeivIng
sueh ser-viees.
(3) "Advanced life support service/fire rescue" means any
fire department which provides advanced life support services,
but which does not routinely transport those persons receiving
such services.
(4) "Advanced life support service license" means any au-
thorization to provide advanced life support services ambhlunee
er nonemiergeney medical transportation services issued pur-
suant to the provisions of this act.
(5)-(4 "Ambulance" or "emergency medical services ve-
hicle" means any private or publicly owned land, air, or water
vehicle that is designed, constructed, reconstructed, maintained,
equipped, or operated for, and is used for, or intended to be
used for, air, land, or water transportation of sick or injured
persons who are in need of emergency medical attention during
transport and who must be transported on a stretcher.
(6){48 "Ambulance driver" means any person who meets
the requirements of s. 401.281 p-oseeses a valid emc-rgeney
m be"an-eo driver & s eertidicate iaed pursuant te the prevsi*ns
ef this et.
(7) "Basic life support" means treatment of life-threatening
medical emergencies by a qualified person through the use of
techniques such as patient assessment, basic cardiopulmonary
resuscitation, splinting, obstetrical assistance, bandaging, ad-
ministration of oxygen, application of medical antishock
trousers, and other techniques described in the Emergency
Medical Technician Basic Training Course Curriculum of the
United States Department of Transportation. "Basic life sup-
port" also includes esophageal intubation if the emergency
medical technician performing the intubation has been trained
in the skill of esophageal intubation and is performing the
intubation under the medical direction of a licensed physician.
The monitoring and maintenance of an intravenous fluid may
be performed by a certified emergency medical technician if
such person is trained in these skills and performs them under
the direction of a licensed physician.
(8) "Basic life support service license" means the authoriza-
tion to provide basic life support pursuant to the provisions of
this act.
(9)-(4) "Certification 9ertif4eate" means any authorization
issued pursuant to the provisions of this act to a person to act
as an emergency medical technician &n emer-geney ambnonee
drive, or a paramedic.
(10)4-7-) "Department" means the Department of Health and
Rehabilitative Services.
(11)-2). "Emergency medical technician (EMT)" means any
person who is trained in basic life support and who is certified
by the department to perform such procedures in emergency
situations possesses a velid4 asies emer-geney medical teehnieina-ze
eertifieate issued pane-nt to the provisiese e this net.
(414) Established standing rders1 mea-ns written erdere?
developed an4 seper-vise4 by a licensed physeian, outlining the
eteps to be followed .for- handling a pantielabr medical situation
or resolving a particular medical problem.
(12) "Interhospital transfer" means the ambulance trans-
portation of a patient between two facilities licensed under
chapter 395 or chapter 400, pursuant to this act.

(13)-(41) "Medical direction AesponEible s6pervisiOn" means
direct physician supervision through two-way voice communi-
cation or, when such voice communication is unavailable, through
established standing orders, pursuant to rules of the department
developed and supervised by a licensed physician.

June 21, 1982

fesses to engage in the business or service of transporting
persons who are sick, injured, handicapped, or otherwise in-
capacitated on the streets, highways, waterways, or airways
of this state shall be licensed as a basic life support service or
an advanced life support service, whichever is applicable,
prior to offering such services to the public. The application

3 OF REPRESENTATIVES 15

(14) "Medical director" means a licensed physician, em-
ployed or contracted by an advanced life support service, who
provides medical supervision, not to include administrative and
managerial functions, for daily operations and training pur-
suant to the provisions of this act.
(15) "Nonemergency medical transportation service vehicle"
means any privately or publicly owned service employing a land,
air, or water vehicle that is designed, constructed, reconstructed,
maintained, equipped, or operated for, and is used for, or in-
tended to be used for, air, land, or water transportation of per-
sons who are confined to wheelchairs or stretchers and whose
condition is such that these persons do not need, nor are likely
to need, immediate medical attention during transport w4th
n*eemeigeney eonditi.es reqi-ring speeialised tr-ansperatetie4
ine-aing a vehiele oper-ted by a wheelchair amblanee service
eeli eny.
(16).9)- "Paramedic" means a person certified by the de-
partment to perform basic and advanced life support, pursuant
to the provisions of this act a4minister advanced lide supper4
teehsidqes ,baed en eeeepted natioeal standr4s.
(17)-45} "Permit" means any authorization issued pursuant
to the provisions of this act for a vehicle to be operated as a
transport or a nontransport vehicle providing basic or advanced
life support, a animbulanee or as a nonemergency medical trans-
portation vehicle.
(18)+14-- "Physician" means a practitioner physician li-
censed under the provisions of chapter 458 or chapter 459.
(19) "Registered nurse" means a practitioner licensed to
practice professional nursing pursuant to the provisions of
chapter 464.
(20).- "Secretary" means the Secretary of Health and Re-
habilitative Services.
Section 5. Section 401.24, Florida Statutes, is amended to
read:
(Substantial rewording of section. See s. 401.24, F.S., for
present text.)
401.24 Emergency and nonemergency medical services state
plan.-The department is responsible for the improvement and
regulation of basic and advanced life support programs and
nonemergency medical transportation services. In addition to
the duties otherwise imposed by this act, the department shall
develop no later than October 1, 1983, and periodically revise
a comprehensive state plan for basic and advanced life support
programs and nonemergency medical transportation services.
The state plan shall include, but need not be limited to:
(1) Emergency and nonemergency medical systems plan-
ning, including prehospital and hospital phases of patient
care, and unification of such services as a total delivery
system to include air, water, and land services;
(2) Requirements for the operation and coordination of
ambulances; nonemergency medical transportation vehicles; ad-
vanced life support vehicles, equipment, and supplies; com-
munications; personnel; training; and other medical care com-
ponents; and
(3) The definition of areas of responsibility for regulation
and planning of ongoing and developing delivery service re-
quirements.
Section 6. Section 401.25, Florida Statutes, is amended to
read:
401.25 Licensure as a basic life support or an advanced life
support service E.morgency or aenemergeney medical trans-
pertation eerviee lieense.-
(Substantial rewording of subsection (1). See s. 401.25(1)
and (2), F.S., for present text.)
(1) Every person, firm, corporation, association, or govern-
mental entity owning or acting as agent for the owner of any
business or service which furnishes, operates, conducts, main-
tains, advertises, engages in, proposes to engage in, or pro-

16

JOURNAL OF THE HOUSE

for such license shall be submitted to the department on forms
provided for this purpose. The application shall provide docu-
mentation that the licensee meets the appropriate requirements
for a basic life support service or an advanced life support
service, whichever is applicable, as specified by rule of the
department.
(2)-&)- The department shall issue a license for operation
within 60 days of the filing of the application to any appli-
cant complying with the following requirements:
(a) The applicant has paid the fees required by s. 401.34.
(b) The ambulances, equipment, vehicles, personnel, com-
munications systems, staffing patterns 4rivern attend4nte,
and services meet the requirements of this act, including appro-
priate rules for either a basic life support service or an ad-
vanced life support service, whichever is applicable a-d eega4a-

(c) The applicant has furnished evidence of adequate in-
surance coverage for claims arising out of injury or death
of persons and damage to the property of others resulting from
any cause for which the owner of said business or service
would be liable. The applicant shall provide insurance in such
sums and under such terms as required by the department.
In lieu of such insurance, the applicant may furnish a cer-
tificate of self-insurance evidencing that the applicant has
established an adequate self-insurance plan to cover such
risks and that the plan has been approved by the Department
of Insurance.
(d) The applicant has obtained a certificate of public con-
venience and necessity from the governing body of eenit-y eem-
mssioan in each county in which the applicant will operate-, ex-
cept that those vehicles operated under nonemergency condi-
tions by a wheelchair transportation service company shall be
exempt from this requirement. In issuing the certificate of pub-
lic convenience and necessity, the governing body of each county
shall consider the recommendations of municipalities within its
jurisdiction.
(3)-4). The department is authorized to suspend or revoke
a license at any time if it determines that the licensee has failed
to maintain compliance with the requirements prescribed for
operating a basic or advanced life support an ecragency ee en-
emer-geaey mediea4l teansper-atian service.
(4)(-.) Licenses issued in accordance with the provisions
of this act shall automatically expire 2 years after be valid fef'
a p4ied e4 yeP 2roem the date of issuance.
(5)-64 The requirements for renewal of any license issued
under the provisions of this act shall be the same as original
licensure requirements current at the time of renewal .fev epig-
infa i4eene+ue.
*7e- -he depa-rtmaent sha.14 issue teiperaey li4e-enses to appl4-
eants poesen4ty pvovi4ding emeorgeney evn goney wedieal
t-aneportation service but not meeting required standards v-alid
ev9 a period not to ex-eeed I year- when it determines that ther-e
is ne ther- see se#rviee available in an area and that the public
interest, sa-ety, an4 eeovenenee will be ser-ved? As a condition
fee the assfnnee e4 f tempef-r3y license, the applicant must
iatiateQ applepr+iate teps to mAuin6 that the business ee sevise
meets the pres.-ibed standards within year 2-em the date 4
isseaee o the ene.
(6)(-& The governing body of each county is authorized to
adopt ordinances providing reasonable standards for certifi-
cates of public convenience and necessity for basic or advanced
life support emevrgeney rc oenemergeney medieal transpevrtatioe
services. In developing reasonable standards for certificates of
public convenience and necessity, the governing body of each
county shall consider the recommendations of municipalities
within its jurisdiction.
(7) Any emergency medical services system employing or
utilizing paramedics to perform advanced life support pro-
cedures shall employ, or contract with, a medical director who
shall be a licensed physician; a corporation, association, or
partnership composed of physicians; or physicians employed by
any hospital which delivers in-hospital emergency medical serv-
ices and which employs or contracts with physicians specifically

for that purpose. Such a hospital, physician, corporation, asso-
ciation, or partnership shall designate one physician from that
organization to be medical director, to supervise and to assume
direct responsibility for the medical performance of the emer-

SOF REPRESENTATIVES June 21, 1982

agency medical technicians and paramedics operating for that
emergency medical services system. Such responsibility shall
include reporting to the Department of Health and Rehabilita-
tive Services those emergency medical technicians or para-
medics deemed, in the opinion of the medical director, to be
incompetent in the performance of their duties. Such report of
alleged incompetency shall include a statement of the specific
acts of alleged incompetency. Within 7 days of receipt of such
report, the department shall provide the emergency medical
technician or paramedic a copy of the report of alleged incom-
petency. If the department determines that the report of alleged
incompetency is insufficient for disciplinary action against the
emergency medical technician or paramedic pursuant to s.
401.411, the report shall be expunged from the record of the
emergency medical technician or paramedic. The medical direc-
tor shall perform duties including advisement, consultation,
training, counsel, and the oversight of services, but not includ-
ing administrative and managerial functions.
Section 7. Section 401.252, Florida Statutes, is created to
read:
401.252 Interhospital transfer.-A licensed basic or advanced
life support ambulance service may conduct interhospital trans-
fers in a permitted ambulance, using a registered nurse in
place of an emergency medical technician or paramedic, if:
(1) The registered nurse is currently certified in advanced
cardiac life support;
(2) The physician in charge has granted permission for
such a transfer, has designated the level of service required
for such transfer and has deemed the patient to be in such a
condition appropriate to this type of ambulance staffing; and
(3) The registered nurse operates within the scope of
chapter 464.
Section 8. Section 401.255, Florida Statutes, is created to
read:
401.255 Licensure as a nonemergency medical transportation
service.-
(1) Every person, firm, corporation, association, or govern-
mental entity owning or acting as agent for the owner of any
business or service which furnishes, operates, conducts, main-
tains, advertises, engages in, proposes to engage in, or pro-
fesses to engage in the business or service of primarily trans-
porting persons who are confined to wheelchairs or stretchers
and whose condition is such that these persons do not need,
nor are likely to need, immediate medical attention during
transport upon the streets, highways, waterways, or airways
of this state shall be licensed by the department as a non-
emergency medical transportation service, except where a coun-
ty elects to regulate such services by enacting an ordinance
which sets forth requirements meeting those specified herein.
For purposes of this part, licensure as a nonemergency medical
transportation service shall be deemed to include wheelchair and
stretcher car service.
(2) Any person, firm, corporation, association, governmen-
tal entity, or other such organization seeking licensure as a
nonemergency medical transportation service shall:
(a) Submit a completed application form to the depart-
ment on forms prescribed thereby. The application shall in-
clude such information as may be specified by rule of the
department.
(b) Submit the appropriate fee or fees, established as pro-
vided in s. 401.34.
(c) Provide documentation that vehicles and equipment are
in good working order and meet requirements as specified by
rule of the department.
(d) Provide proof of adequate insurance coverage for claims
arising out of injury or death of persons and damage to the
property of others resulting from any cause for which the
owner of said business or service would be liable. Adequate
insurance coverage shall be specified by rule of the depart-

ment.
(e) Provide evidence that drivers are trained in the correct
use of the special equipment required for wheelchair and
stretcher transport as specified in s. 401.281.

JOURNAL OF THE HOUSE

(f) Provide evidence that nonemergency medical transpor-
tation vehicles are staffed by sufficient personnel to ensure
safe loading and unloading of nonemergency patients.
(g) Provide proof that sanitation and maintenance stan-
dards, as specified by rule of the department, are met.
(h) Provide proof that all vehicles possess a valid vehicle
permit as provided herein. To receive a valid vehicle permit,
the applicant shall submit a completed application form for
each vehicle for which a permit is desired, pay the appropriate
fee as provided in s. 4.01.34 and meet standards for nonemer-
gency medical transportation vehicles as set forth by rule of
the department. The department shall issue a vehicle permit
to each vehicle that has been inspected by the department and
complies with standards established through rules of the de-
partment. The vehicle permit is valid for a period of 2 years
from the time of issuance.
(S) The department shall issue a license for operation of a
nonemergency medical transportation service within 60 days
of the filing of the application to any applicant complying
with the requirements specified herein. Such license is valid for
a period of 2 years from the date of issuance.
(4) In order to renew a license or vehicle permit for non-
emergency medical transportation services and vehicles, the
applicant shall:
(a) Submit a renewal application to the department at least
80 days prior to the expiration of the license or permit.
(b) Submit the appropriate renewal fee as provided in s.
401.34.
(c) Provide documentation that current standards for issu-
ance of a license or permit are met.
(5) Counties which elect to regulate nonemergency medical
transportation services shall provide the department with a
copy of the ordinance or a proposed ordinance, indicating the
effective date or proposed effective date thereof.
Section 9. Section 401.26, Florida Statutes, is amended to
read:
(Substantial rewording of section. See s. 401.26, F.S., for
present text.)
401.26 Vehicle permits for basic life support services, ad-
vanced life support services, and nonemergency medical trans-
portation services.-
(1) Every basic life support, advanced life support, and
nonemergency medical transportation service licensed under
the provisions of this act shall possess a valid permit for
each transport and nontransport vehicle in use. Application for
such permits shall be made upon forms prescribed by the
department. The licensee shall provide documentation that
each vehicle for which a permit is sought meets the appro-
priate requirements for a basic life support, advanced life
support or nonemergency medical transportation service ve-
hicle, whichever is applicable, as specified by rule of the
department.
(2) To receive a valid vehicle permit, the applicant must
submit a completed application form for each vehicle for
which a permit is desired, pay the appropriate fees estab-
lished as provided in s. 401.34, and provide documentation that
each vehicle meets the following requirements established by
rule of the department:
(a) Each vehicle shall possess essential medical supplies
and equipment in good working order.
(b) Each vehicle shall meet appropriate standards for de-
sign and construction.
(c) Each vehicle shall possess an appropriate communica-
tion system.
(d) Each vehicle shall meet appropriate safety standards.
(e) Each vehicle shall meet sanitation and maintenance
standards.

(f) Each vehicle shall be insured for an appropriate sum
against injuries to or the death of any person arising out
of any accident.

June 21, 1982

2. For paramedics, a paramedic training program equivalent
to the most recent paramedic course of the United States De-
partment of Transportation as approved by the department;
(b) Certify under oath that he is not addicted to alcohol
or any controlled substance;

OF REPRESENTATIVES 17

(3) The department is authorized to suspend or revoke a
permit if it determines that the transport or nontransport
vehicle or its equipment fails to meet the requirements speci-
fied in this act or in the rules of the department.
(4) Permits issued in accordance with the provisions of this
section shall expire automatically 2 years after the date of
issuance.
(5) In order to renew a vehicle permit issued pursuant to
the provisions of the act, the applicant shall:
(a) Submit a renewal application to the department at least
30 days prior to the expiration of the license or permit.
(b) Submit the appropriate fee or fees, established as pro-
vided in s. 401.34.
(c) Provide documentation that current standards for issu-
ance of a permit are met.
Section 10. Section 401.27, Florida Statutes, is amended to
read:
(Substantial rewording of section. See s. 401.27, F.S., for
present text.)
401.27 Personnel; standards and certification.-
(1) Each permitted ambulance not specifically exempted
from the provisions of this act, when transporting a person
who is sick, injured, wounded, incapacitated, or helpless, shall
be occupied by at least two persons, one of whom shall be a
certified emergency medical technician, certified paramedic, or
licensed physician and one of whom shall be a driver who
meets the requirements for ambulance drivers. This subsection
does not apply to:
(a) Interhospital transfers governed by s. 401.252; or
(b) Nonemergency medical transportation services.
(2) The department shall establish by rule educational and
training criteria and examinations for the certification and
"recertification of emergency medical technicians and para-
medics. Such rules shall require, but need not be limited to:
(a) For emergency medical technicians, proficiency in the
treatment of life-threatening medical emergencies through the
use of such techniques as patient assessment, basic cardio-
pulmonary resuscitation, splinting, obstetrical assistance, ban-
daging, administration of oxygen, application of medical anti-
shock trousers, and the performance of other necessary pro-
cedures for basic life support services.
(b) For paramedics, proficiency in providing cardiopulmo-
nary resuscitation and defibrillation, cardiac monitoring, esoph-
ageal intubation, administration of drugs and intravenous
fluids, and the performance of other necessary procedures for
advanced life support services; however, advanced life support
services shall be performed only under the responsible super-
vision of a licensed physician.
(3) Any person who desires to be certified or recertified as
an emergency medical technician or paramedic shall apply to
the department on forms provided by the department. The
department shall determine whether the applicant meets the
requirements specified in this section and in rules of the
department and shall issue a certificate to any person who
meets such requirements.
(4) An applicant for certification or recertification as an
emergency medical technician or paramedic shall:
(a) Have completed an appropriate training course as fol-
lows:
1. For emergency medical technicians, an emergency medical
technician training course equivalent to the most recent emer-
gency medical technician basic training course of the United
States Department of Transportation as approved by the de-
partment;

18 JOURNAL OF THE HOUSE

(c) Certify under oath that he is free from any physical
or mental defect or disease that might impair the applicant's
ability to perform his duties;
(d) Have passed an examination developed or required by
the department within 1 year of course completion. The de-
partment shall administer written examinations within 10 days
of the course completion dates of approved training centers;
and
(e) Hold either a valid American Heart Association cardio-
pulmonary resuscitation course card or an American Red Cross
cardiopulmonary resuscitation course card.
(5) (a) The department shall establish by rule a procedure
for triennial renewal certification of emergency medical tech-
nicians. Such rules shall require a United States Department of
Transportation refresher training program of at least 30 hours
as approved by the department and shall require at least 10
contact hours in topics related to emergency medical techni-
cian services every 3 years. The rules shall also provide that
the refresher course requirement may be satisfied by passing a
challenge examination.
(b) The department shall establish by rule a procedure for
triennial renewal certification of paramedics. Such rules shall
require candidates for renewal to have taken at least 45 hours
of continuing education units during the 3-year period, to in-
clude certification in advanced cardiac life support. The rules
shall provide that the continuing education requirement may be
satisfied by passing a challenge examination.
(6) A registered nurse may be certified as a paramedic if
the registered nurse is certified in this state as an emergency
medical technician, has passed the required emergency medical
technician curriculum, has successfully completed an advanced
cardiac life support course, and has passed the examination for
certification as a paramedic. Nurses so certified shall be recer-
tified pursuant to this section.
(7) Emergency medical technician and paramedic certifi-
cates shall expire automatically 3 years from the date of
issuance and may be renewed if the holder meets the qualifi-
cations for renewal as established by the department.
(8) The department may suspend or revoke a certificate
at any time if it determines that the holder does not meet the
applicable qualifications.
Section 11. Section 401.281, Florida Statutes, is created to
read:
401.281 Ambulance drivers.-
(1) Each basic life support service licensee and advanced
life support service licensee is responsible for assuring that
its vehicles are driven only by trained, experienced, and other-
wise qualified personnel. The licensee shall, at a minimum,
document that each of its drivers:
(a) Is at least 18 years of age;
(b) Certifies under oath that he is not addicted to alcohol
or any controlled substance;
(c) Certifies under oath that he is free from any physical
or mental defect or disease that might impair his ability to
drive an ambulance;'
(d) Has not, within the past 3 years, been convicted of
reckless driving, or driving under the influence of alcohol or
controlled substances, and has not had a driver's license sus-
pended under the point system provided for in chapter 322;
(e) Possesses a valid operator's license issued under chapter
322;

(f) Possesses, if applicable, for either fixed wing air ambu-
lances or emergency medical helicopters, the appropriate com-
mercial pilot's license for the category of aircraft being utilized,
and for fixed wing aircraft, the appropriate instrument rating,
and if applicable, the appropriate marine certificate;

I]

(g) Is trained in the safe operation of emergency vehicles
and has completed an emergency vehicle operator's course or
the reasonable equivalent as approved by the department, pro-
vided that this paragraph shall apply only to a driver of a land
vehicle;

E OF REPRESENTATIVES June 21, 1982

(h) Possesses a valid American Red Cross Standard First
Aid and Personal Safety Course Card or its equivalent; and
(i) Possesses a valid American Red Cross or American
Heart Association Cardiopulmonary Resuscitation card.
(2) Each basic life support service licensee, advanced life
support service licensee, and nonemergency medical transporta-
tion service licensee is responsible for enforcing the require-
ments of this section. The department shall require that non-
emergency medical transportation services assure that all ve-
hicle drivers are in compliance with paragraphs (a), (b), (c),
(d), (e), (h), and (i) of subsection (1) and have successfully
completed a defensive driving course approved by the depart-
ment.
(3) The department shall periodically inspect basic life
support services, advanced life support services, and non-
emergency medical transportation services for verification of
compliance with this section. Services that are unable to verify
compliance are subject to disciplinary action as provided in
this. act.
(4) No later than January 1, 1983, the staff of the
department shall submit to the secretary of the department
recommendations for developing and implementing an ambu-
lance driver training program for emergency services.
Section 12. Section 401.30, Florida Statutes, is amended to
read:
401.30 Records.-
(1) All ambulance businesses or services licensed under the
provisions of this act shall maintain accurate records of emer-
gency calls, on forms that contain apea sueh ov-aes as may be
^roebn wbe4 provided by the Depat-ment e4 -ealth and Re-
habilitative Servies; and eenta4e ng such information as may
be required by the department. Such records shall be available
for inspection by the department at any reasonable time, and
copies thereof shall be furnished to the department upon re-
quest. The department shall give each licensee notice of what
information such forms must contain.
(2) Each service licensed pursuant to the provisions of
this act shall report to the department, within 30 days of oc-
currence, any accident involving its. ambulances which results
in personal injury or damage exceeding $500.
(3) The department shall maintain a permanent record
of implementation of this act, including statistical data on all
inspections carried out pursuant to ss. 401.281 and 401.31,
number of all services licensed, complaints received, department
action on such complaints, and accidents as specified in sub-
section (2).

(4) Reports from service providers that cover statistical
data shall be public records. The department shall protect the
privacy of individuals in disseminating any such information.
Section 13. Section 401.31, Florida Statutes, is amended to
read:
401.31 Inspection and examination.-
(1) In order to carry out the requirements of this act, the
department e health and Re4abilitatyve Servic4es shall inspect
each basic life support service, each advanced life support
service, emergency and each nonemergency medical transporta-
tion service licensee, including ambulances, vehicles, equipment,
personnel, records, premises, and operational procedures, at
reasonable times and whenever such inspection is deemed neces-
sary by the department, but in no event less frequently than
two times a year for emergency services and once a year for
nonemergency services. The department shall conduct inspec-
tions without impeding patient care he perie4ie nspeeien re-
rr-ed by tie eeet4eon shall be in addition -t other state e leeal
m(t) ehiele safety inspections teecre fof tmbeinees eas
ethe t m otar e deleendas genea bew ea eardinence.
(2) The department shall, in the course of the inspections

provided for in subsection (1), determine the continuing com-
pliance of each business, service, ambulance, piece of vehicle
equipment, emergency medical technician, paramedic, and driver
with the requirements of this act, an4 the rules adopted pre-
mulgated by the department, and applicable vehicle safety re-
quirements of chapter 816.

JOURNAL OF THE HOUSI

(3) The refusal of a licensee to allow an inspection is
grounds for revocation of the licensee's license.
Section 14. Section 401.33, Florida Statutes, is amended to
read:
401.33 Exemptions.-
43-. The following veh4eleos e amblanees are exempt from
the provisions of this act:
(1)-(a+- A privately owned vehicle not ordinarily used in the
business of transporting persons who are sick, injured, wounded,
incapacitated, or helpless.
(2)44 A vehicle rendering services as an ambulance in the
event of a major catastrophe or emergency when ambulances
with permits based in the locality of the catastrophe or emer-
gency are incapacitated or insufficient in number to render the
services needed.
(8)-(e)- Any ambulance based outside this state, except that
any such ambulance receiving a person within this state for
transport to a location within this state shall comply with the
provisions of this act.
(4) Any ambulance owned and operated by the Federal Gov-
ernment.
(5) A vehicle under the direct supervision of a licensed
physician used as an integral part of a private industrial
safety, emergency, or disaster plan within a privately owned
and controlled area, which vehicle may from time to time be
used to transport persons in need of medical attention, but
which is not available to the general public and which does not
routinely transport patients.
(6) A fire department vehicle which is used as an integral
part of a fire suppression response unit, which vehicle may
from time to time be used to transport firefighters in need of
medical attention; however, basic or advanced life support units
shall not be deemed to be exempt under this section.
(7) Any organization or person that provides wheelchair
transport services, if:
(a) The service is a public bus system.
(b) The service is a public or private school bus system
whose major business is that of transporting school children to
and from school or school-related activities.
(8) Notwithstanding any ordinances or rules adopted by
a local government with respect to nonemergency medical trans-
portation services or vehicles, any hospital utilizing its own
vehicles in transporting, to or from a hospital or a medical
facility, if the hospital does not charge a fee for this service,
nonemergency patients whose medical condition is such that
they are confined to a wheelchair or to a stretcher but who
do not need, nor are likely to need, medical attention during
transport.
*24 !The prMvii en 4 e hapter 7 0, Lawe s4 Flerida h
net pply te pub+ie ee ystem vhile
Section 15. Section 401.34, Florida Statutes, is amended to
read:
(Substantial rewording of section. See s. 401.s4, F.S., for
present text.)
401.34 Fees.-
(1) Each organization or person subject to this act shall
pay to the department the following fees, which shall annu-
ally be set by the department by rule within the ranges speci-
fied herein:
(a) Nonemergency medical transportation service license:
Not less than $425, nor more than $600, to be paid biennially.
(b) Basic life support service license: Not less than $425,
nor more than $600, to be paid biennially.
(c) Advanced life support service license: Not less than
$850, nor more than $1,250, to be paid biennially.

(d) Original or renewal vehicle permit for basic or ad-
vanced life support: Not less than $10, nor more than $20,
to be paid biennially.

June 21, 1982

(d) Ambulance or vehicle design and construction at least
equal to those most currently recommended by the United
States General Services Administration.
(e) Staffing of basic life support, advanced life support, and
nonemergency medical transportation vehicles.

S OF REPRESENTATIVES 19

(e) Nonemergency medical transportation vehicle permit
or renewal permit: Not less than $10, nor more than $20, to be
paid biennially.
(f) Emergency medical technician certification examina-
tion: Not less than $15, nor more than $25.
(g) Emergency medical technician original certificate: Not
less than $20, nor more than $30.
(h) Emergency medical technician renewal certificate: Not
less than $10, nor more than $15, to be paid triennially.
(i) Paramedic certification examination: Not less than $15,
nor more than $25.
(j) Paramedic original certificate: Not less than $55, nor
more than $80.
(k) Paramedic renewal certificate: Not less than $55, nor
more than $80, to be paid triennially.
(2) There is created in the State Treasury the Emergency
Medical Services Trust Fund. Fees collected under this section
shall be deposited to the credit of the Emergency Medical
Services Trust Fund and shall be applied solely for salaries
and expenses of the department incurred in implementing and
enforcing this act.
(3) Until the department adopts rules establishing fees un-
der subsection (1), the lower amount in each range shall
apply.
(4) Fees established pursuant to subsection (1) shall be
based on the actual costs incurred by the department in carry-
ing out its licensure, certification, registration, and inspection
responsibilities under this act, including costs of salaries, ex-
penses, inspection equipment, supervision, and program admin-
istration.
(5) Neither the fire department of any county, munici-
pality, or fire district nor any county or municipally operated
emergency medical services provider shall be required to pay a
fee for a service license or vehicle permit. Furthermore, the
fee charged such a fire department, county, or municipality
for a certificate or a certification examination for its employees
shall be 50 percent of the fee set by the department for such
certificate or certification examination.
(6) Any volunteer emergency medical service provider shall
be required to pay 50 percent of the fees set by the depart-
ment for licensure, vehicle permits, and personnel certification.
Section 16. Section 401.35, Florida Statutes, is amended to
read:
(Substantial rewording of section. See s. 401.85, F.S., for
present text.)
401.35 Rules.-In consultation with appropriate representa-
tives of emergency medical teams employed by public agencies
and nonemergency medical transportation services and repre-
sentatives of the general public and the elderly, to include,
but not be limited to, statewide provider organizations, state
governmental agencies, physician organizations, fire chiefs, and
fire rescue providers, the department shall adopt rules neces-
sary to carry out the purposes of this act.
(1) The rules shall provide at least minimum standards
governing:
(a) Sanitation, safety, and maintenance of basic life sup-
port, advanced life support, and nonemergency medical trans-
portation vehicles, respectively.
(b) Emergency medical technician, paramedic, and driver
training and qualifications.
(c) Ambulance and vehicle equipment and supplies at least
as comprehensive as those published in the most current
edition of the American College of Surgeons, Committee on
Trauma, list of essential equipment for ambulances. -

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(f) Two-way communications for basic life support serv-
ices, advanced life support services, and nonemergency medical
transportation services.
(g) Advanced life support services equipment.
(h) Programs of training for emergency medical technicians
and paramedics.
(i) Vehicles, equipment, communications, and staffing for
air ambulance services.
(j) Ambulance driver qualifications, training, and experience.
(k) Optional use of telemetry by licensees.
(2) The rules shall establish application requirements for
licensure and certification. Pursuant thereto, application forms
shall be developed by the department for basic life support
services, advanced life support services, and nonemergency
medical transportation services, respectively. Applications for
each respective service license shall include, but not be limited
to:
(a) The name and business address of the operator and
owner of the basic life support service, advanced life support
service, nonemergency medical transportation service, or pro-
posed service.
(b) The name under which the applicant will operate.
(c) A list of the names and addresses of all officers, di-
rectors, and shareholders of the applicant.
(d) A description of each vehicle to be used, including: The
make, model, year of manufacture, mileage, and vehicle identi-
fication number (VIN); the state or federal aviation or marine
registration number, where applicable; and the color scheme,
insignia, name, monogram, or other distinguishing character-
istics to be used to designate the applicant's vehicle or vehicles.
(e) The location and description of each place from which
the basic life support service, advanced life support service, or
nonemergency medical transportation service will operate.
(f) A statement reasonably describing the geographic area
or areas to be served by the applicant.
(g) A statement certifying that the applicant will provide
continuous service on a 24-hour day, 7-day week basis, if a basic
life support service license or an advanced life support service
license is sought.
(h) Such other information as the department deems reason-
able and necessary.
(3) The rules shall set forth specifications regarding insig-
nia and other ambulance identification, except that any fire
department may retain its fire department identity and may
use such color schemes, insignia, names, monograms, or other
distinguishing characteristics as are acceptable to the fire
department to designate its vehicles as advanced life support
vehicles. However, those advanced life support service/fire
rescue vehicles or ambulances operated by fire departments
which were purchased in whole or in part with federal funds
shall comply with federal regulations pertaining to color
scheme, emblems, and markings.
Section 17. Section 401.38, Florida Statutes, is amended to
read:
401.38 Participation in federal programs.---The department
shall develop federal funding proposals and apply for all federal
funds available to carry out the purposes of this act. The
department is authorized to participate in those federal pro-
grams aimed at the delivery of basic life support service, ad-
vanced life support service, and emergency medial vcrvic4ee e
nonemergency medical transportation service services and shall
include such programs in its comprehensive plan.
Section 18. Section 401.41, Florida Statutes, is amended to
read:
401.41 Penalties.-

(1) Any person who violates, or who fails violating e a4l-
i*g to comply with, any provision of this act is guilty of a
misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083 for the first such violation, and is

guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084 for the second
and subsequent violations.
(2) Any person who:
(a) Uses or attempts to use a certificate that has been
suspended, revoked, or terminated;
(b) Practices or holds himself out as an emergency medical
technician, paramedic, or ambulance driver without being so
certified; or
(c) Knowingly conceals information relating to violations
of this act;
is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Whenever any person is charged with knowingly com-
mitting an assault or battery upon an ambulance driver, emer-
gency medical technician, or paramedic when such ambulance
driver, emergency medical technician, or paramedic is actively
engaged in the lawful performance of his duties, the offense
for which the person is charged shall be classified as follows:
(a) In the case of assault, the charge shall be a misde-
meanor of the first degree, punishable as provided in s. 775.082
or s. 775.084.
(b) In the case of battery, the charge shall be a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
(4)2-2- Each day that a violation of this act is committed
or permitted to continue shall constitute a separate and distinct
offense under this section.
Section 19. Section 401.411, Florida Statutes, is created to
read:
404.411 Disciplinary action.-
(1) Each of the following acts is grounds for the disci-
plinary actions set forth in subsection (2):
(a) Procuring, attempting to procure, or renewing a cer-
tificate to practice as an emergency medical technician or
paramedic by fakery, fraudulent action, or misrepresentation.
(b) Being convicted or found guilty, regardless of adjudi-
cation, of a crime that relates to practice as an emergency
medical technician or paramedic in any jurisdiction. For pur-
poses of this paragraph, a plea of nolo contender is a con-
viction.
(c) Unprofessional conduct, including, but not limited to,
any departure from or failure to conform to the minimal pre-
vailing standards of acceptable practice as an emergency med-
ical technician or paramedic.
(d) Engaging in or attempting to engage in the possession,
except in legitimate duties under the supervision of a licensed
physician, or the sale or distribution of any controlled sub-
stance as set forth in chapter 893.
(e) Practicing as an emergency medical technician or para-
medic without reasonable skill and safety to patients by reason
of illness, drunkenness, or use of drugs, narcotics, chemicals,
or any other substance, or as a result of any mental or physi-
cal condition.

(f) Failure to report to the department any person whom
the licensee knows is in violation of this act or the rules of
the department.

(g) Sexual misconduct with the person being transported,
including inducing or attempting to induce such person to en-
gage in sexual activity outside the scope of practice as an
emergency medical technician or paramedic or generally ac-
cepted examination or treatment procedures.
(2) The department may take any of the following actions
against a licensee or applicant that it finds has committed
any act specified as grounds for discipline:
(a) Refusal to approve an application.

(b) Revocation or suspension of a certificate.

:-20

June 21, 1982

JOURNAL OF THE HOUSE

(c) Imposition of an administrative fine not to exceed $1,000
for each separate offense.
(d) Issuance of a reprimand.
(e) Placement of the person on probation for a specified
period of time, subject to such conditions as the department
may impose.
(3) The department shall not reinstate the certificate of, or
cause a certificate to be issued to, a person whom it has deter-
mined to be unqualified, until such person has complied with
all conditions of the disciplinary order of the department and
is, in the judgment of the department, capable of resuming
safe practice.
Section 20. Section 401.413, Florida Statutes, is created to
read:
401.413 Administrative fines.-
(1) In addition to any other administrative action author-
ized by law, the department may impose an administrative
fine, not to exceed $1,000, for 'any violation of this act or of
the rules adopted pursuant to this act. The department shall
notify the violator of its intent to impose a fine prior to taking
action. Each day that a violation continues may be considered
a separate offense.
(2) In determining the amount of the fine, if any, the de-
partment shall consider the following factors:
(a) The gravity of the violation, including the probability of
death or disability as a result of the violation;
(b) Actions taken to correct the violation; and
(c) Previous violations committed by the violator.
(3) All amounts collected pursuant to this section shall be
deposited in the Emergency Medical Service Trust Fund.
Section 21. Section 401.43, Florida Statutes, is amended to
read:
401.43 Fraudulently obtaining services from emergency med-
ical services vehicle aemblaneO licensee.-Whoever, willfully and
with intent to defraud, obtains or attempts to obtain services
from an emergency medical services vehicle ambulance service
licensee is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083, for the first
offense, and is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083, for the
second and subsequent offenses.
Section 22. Section 401.44, Florida Statutes, is amended to
read:
401.44 Turning in a false alarm.-Whoever summons any
emergency medical services vehicle pursuant to this act en
ambualfee or reports that such a vehicle e embulanee is needed
when such person knows or has reason to know that the services
of such a vehicle -n ambulanee are not needed is guilty of a
misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083, for the first offense, and is guilty of
a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083, for the second and subsequent of-
fenses.
Section 23. The Auditor General shall make a performance
audit of the Department of Health and Rehabilitative Services'
process of examining, certifying, and licensing persons in the
allied health professions. The Auditor General is mandated
to consult with the Department of Health and Rehabilitative
Services and the Department of Professional Regulation in
conducting this audit. Based on his findings, he shall, among
other things, include in his audit report recommendations for
improvement of the process and recommendations as to whether
said process could be administered more effectively, efficiently,
and economically by the Department of Professional Regula-
tion. Copies of the report shall be submitted to the President
of the Senate and Speaker of the House of Representatives no
later than January 7, 1983. For purposes of this section,
"allied health professionals" include persons certified by the
Department of Health and Rehabilitative Services as:

(1) Technologists.
(2) Clinical laboratory personnel.

June 21, 1982

and those vehicles operated under nonemergency conditions by
a wheelchair transportation service company, shall be exempt
from this requirement.

Rep. Deratany moved the adoption of the amendment to the
amendment. On motion by Rep. Bell, the amendment to the
amendment was laid on the table. The vote was:

OF REPRESENTATIVES 21

(3) Lay midwives.
(4) Emergency medical technicians.
(5) Paramedics.
(6) Ambulance drivers.
(7) Hearing aid dispensers.
Section 24. Notwithstanding the provisions of the Regula-
tory Sunset Act, sections 401.21, 401.23, 401.24, 401.25, 401.26,
401.27, 401.30, 401.31, 401.33, 401.34, 401.35, 401.38, 401.41, 401.-
43, and 401.44, 401.45, Florida Statutes, shall not stand repealed
on October 1, 1982, as scheduled by such act, but shall continue
in full force and effect as amended herein. Sections 401.29,
401.32, 401.355, 401.36, 401.37, 401.39, 401.40, 401.42, 401.46,
and 401.47, Florida Statutes, shall stand repealed on October 1,
1982, as scheduled by the Regulatory Sunset Act.
Section 25. Part III of chapter 401, Florida Statutes, con-
sisting of sections 401.21 through 401.44, Florida Statutes, is
repealed on October 1, 1983, and shall be reviewed by the Legis-
lature pursuant to section 11.61, Florida Statutes.
Section 26. Section 39 of Chapter 82-225, Laws of Florida,
is amended to read:
Section 39. Sections 500.12 and 500.121, Florida Statutes, as
amended by this act, are repealed on October 1, 1983, and shall
be reviewed by the Legislature pursuant to s. 11.61, Florida
Statutes, and sections 500.417, 500.419, 500.431, and 500.432
Florida Statutes, are repealed on October 1, 1992, and shall be
reviewed by the Legislature pursuant to s. 11.61, Florida Stat-
utes.
Section 27. Section 401.45, Florida Statutes, is amended to
read:
401.45 Denial of emergency treatment; civil liability.-
(1) No person shall be denied treatment for any emergency
medical condition which will deteriorate from a failure to provide
such treatment at any general hospital licensed under chapter
395 or at any specialty hospital that has an emergency room
tha operates en emer-geney depafment pr-viding emorgeney
treatment e the publ4e.
(2) A hospital or its employees or any physician or dentist
responding to an apparent need for emergency treatment pur-
suant to this section shall not be held liable in any action aris-
ing out of a refusal to render emergency treatment or care if
reasonable care is exercised in determining the condition of
the person and in determining the appropriateness of the
facilities and the qualifications and availability of personnel to
render such treatment.
Section 28. This act shall take effect October 1, 1982.

Rep. Gordon moved the adoption of the amendment. Pending
consideration thereof-

Representatives Patchett, Crady, and Evans-Jones offered the
following amendment to the amendment:
Amendment 1 to Amendment 1-On page 27, strike line 17
and insert: shall not be required to pay any of the fees set by
the
Rep. Patchett moved the adoption of the amendment to the
amendment, which was adopted.

Representatives Deratany, Watt, Messersmith, and Kimmel
offered the following amendment to the amendment:
Amendment 2 to Amendment 1-On page 10, lines 8-13, strike
all of said lines and insert: operate except that municipality

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Yeas--63
The Chair
Batchelor
Bell
Boles
Brantley
Brown
Burnsed
Carlton
Clements
Cosgrove
Cox
Grady
Crawford
Crotty
Drage
Dyer

NaysO-40
Bankhead
Brodie
Burrall
Bush
Carpenter
Casas
Deratany'
Dunbar
Fox
Gallagher

Easley
Evans-Jones
Gardner
Girardeau
Gordon
Gustafson
Hall, C. A.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
Johnson, A. E.
Jones, C. F.
Kershaw
Kutun

Grant
Hagler
Hall, L. J.
Hodges, W. R.
Hollingsworth
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kelly
Kimmel

Lehman
Lehtinen
Lewis
Liberti
Lippman
Mann.
Martin
Martinez
McPherson, T.
Meek
Meffert
Moffitt
Morgan
Nuckolls
Ogden
Plummer, L. H.

McEwan
McPherson, S.
Melby
Messersmith
Moore
Myers
Nergard
Patchett
Patterson
Plummer, J.

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

THE SPEAKER IN THE CHAIR

Representatives Sadowski and Gordon offered the following
title amendment:
Amendment 2-On pages 1-3, strike the entire title and
insert: A bill to be entitled An act relating to medical services;
amending s. 395.010, Florida Statutes, relating to the licensure
of hospitals and ambulatory surgical centers, to clarify pro-
visions relating to disciplinary proceedings and records and
the access of the public thereto; amending s. 401.21, Florida
Statutes, relating to the short title; creating s. 401.211, Florida
Statutes, providing legislative intent; amending s. 401.23, Flor-
ida Statutes, reorganizing and revising definitions; amending
s. 401.24, Florida Statutes, modifying provisions relative to
the development of an emergency and nonemergency medical
services state plan; amending s. 401.25, Florida Statutes, pro-
viding for licensure as a basic life support or an advanced
life support service; creating s. 401.252, Florida Statutes, pro-
viding for interhospital transfer; creating s. 401.255, Florida
Statutes, providing for licensure as a nonemergency medical
transportation service; amending s. 401.26, Florida Statutes,
providing for permitting of vehicles used by basic and ad-
vanced life support services and nonemergency medical trans-
portation services; amending s. 401.27, Florida Statutes, pro-
viding for certification of personnel and providing educational
and training criteria and other standards with respect thereto;
creating s. 401.281, Florida Statutes, providing personnel stan-
dards for ambulance drivers; amending s. 401.30, Florida Stat-
utes, modifying recordkeeping requirements; amending s. 401.31,
Florida Statutes, modifying provisions relative to periodic in-
spections of licensees made by the Department of Health and
Rehabilitative Services; amending s. 401.33, Florida Statutes,
adding exemptions; amending s. 401.34, Florida Statutes, modify-
ing fee provisions; amending s. 401.35, Florida Statutes, re-
quiring the adoption of certain rules; amending s. 401.38, Flor-
ida Statutes, relating to participation in federal programs;
amending s. 401.41, Florida Statutes, modifying and expanding
penalty provisions; creating s. 401.411, Florida Statutes, specify-
ing grounds for disciplinary action and authorizing the taking
of specified actions; creating s. 401.413, Florida Statutes, pro-
viding for administrative fines which may be levied for viola-
tion of the act; amending s. 401.43, Florida Statutes, modifying
penalty provisions for fraudulently obtaining services; amend-
ing s. 401.44, Florida Statutes, modifying penalty provisions
for turning in a false alarm; amending s. 401.45, Florida
Statutes; prohibiting denial of emergency services in specified
situations; requiring the Auditor General to make a study of
allied health professionals regulated by the Department of

Health and Rehabilitative Services; providing for certain recom-
mendations to be made with respect thereto; providing for sub-
mission of same to the Legislature by January 7, 1983; saving
specified sections of part III of chapter 401, Florida Statutes,
from sunset repeal scheduled October 1, 1982; providing for
review and repeal of part III of chapter 401, Florida Statutes,
relating to emergency and nonemergency medical transporta-
tion services, on October 1, 1983; providing an effective date.
Rep. Gordon moved the adoption of the amendment, which
was adopted.

On motion by Rep. Gordon, the rules were waived and SB
19-H, as amended, was read the third time by title. On passage,
the vote was:

Yeas-110

Price
Ready
Reynolds
Sadowski
Sheldon
Silver
Smith, C. R.
Smith, L. J.
Spaet
Thomas
Thompson
Webster
Weinstock
Williams
Young

Robinson
Rosen
Sample
Shackelford
Smith, J. H.
Steele
Tygart
Watt
Woodburn
Woodruff

Fox
Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
Hodges, G.
Hodges, W. R.
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
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Messersmith
Mills
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
Patchett
Patterson
Plummer, J.
Plummer, L. H.
Price
Ready

The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Casas
Clements
Cosgrove
Cox
Grady
Crawford
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans-Jones
Foster

Nays-4
Carpenter

Reynolds
Richmond
Robinson
Rosen
Sadowski
Sample
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

Shackelford

Votes after roll call:
Yeas-Ewing
Nays to Yeas-Mann

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

By Representative Gustafson-
HB 61-H-A bill to be entitled An act relating to medical mal-
practice; amending s. 627.351(4), Florida Statutes, as amended;
requiring the medical malpractice joint underwriting association
to offer coverage for Patient's Compensation Fund deficit as-
sessments; amending s. 768.54, Florida Statutes, as amended;
providing that liability of the fund is not unlimited; providing
for election of limits of liability; providing for annual, semi-
annual, and quarterly membership fees; correcting cross-
references; creating an advisory council; providing an appro-
priation; repealing s. 627.351(4) (d)5., Florida Statutes, relating
to coverage for Patient's Compensation Fund deficit assess-
ments; providing an effective date.
-was read the first time by title. On motion by Rep. Gus-
tafson, the rules were waived and the bill was read the second
time by title.

Representative Gustafson offered the following amendment:
Amendment 1-On page 3, line 3, after the period insert:
(e) In the event an underwriting deficit exists for any policy
year the plan is in effect, each policyholder shall pay to the

Hollingsworth Mann

22

June 21, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

association a premium contingency assessment not to exceed
one-third of the premium payment paid by such policyholder
to the association for that policy year. The association shall pay
no further claims on any policy for the policyholder who fails
to pay the premium contingency assessment.
1. Any deficit sustained under the plan shall first be re-
covered through the premium contingency assessment.
2. If there is any remaining deficit under the plan after
maximum collection of the premium contingency assessment,
such deficit shall be recovered from the companies participat-
ing in the plan in the proportion that the net direct premiums
of each such member written during the calendar year immedi-
ately preceding the end of the policy year for which there is a
deficit assessment bears to the aggregate net direct premiums
written in this state by all members of the association. "Pre-
miums" as used herein shall mean premiums for the lines of
insurance defined in s. es- 624.605 (1) (b), (k)-j-, and (q)-(-,
including premiums for such coverage issued under package
policies.
Rep. Gustafson moved the adoption of the amendment, which
was adopted.
Representative Gustafson offered the following amendment:
Amendment 2-On page 1, lines 22-24, strike all of said lines
and insert: Section 1. Paragraphs (d) and (e) of subsection
(4) of section 627.351, Florida Statutes, as amended by chapter
82-243, Laws of Florida, are amended to read:
Rep. Gustafson moved the adoption of the amendment, which
was adopted.
On motion by Rep. Gustafson, the rules were waived and HB
61-H, as amended, was read the third time by title. On passage,
the vote was:
Yeas-114

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
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 Reynolds
Lehman Richmond
Lehtinen Robinson
Lewis Rosen
Liberti Sadowski
Lippman Sample
Martin Shackelford
Martinez Sheldon
McEwan Silver
McPherson, S. Smith, C. R.
McPherson, T. Smith, J. H.
Meek Smith, L. J.
Meffert Spaet
Melby Steele
Messersmith Thomas
Mills Thompson
Mitchell Tygart
Moffitt Upchurch
Moore Ward
Morgan Watt
Myers Webster
Nergard Weinstock
Nuckolls Wetherell
Ogden Williams
Patchett Woodburn
Plummer, J. Woodruff
Plummer, L. H. Young
Price
Ready

Patterson

So the bill passed, as amended, and was immediately certi-
fied to the Senate after engrossment.
On motion by Rep. Dunbar, without objection, the House
reverted to the order of-

Messages from the Senate

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the

required Constitutional two-thirds vote and passed SB 28-H
and requests the concurrence of the House.
Joe Brown, Secretary

By Senators Kirkpatrick and Rehm-
SB 28-H-A bill to be entitled An act relating to purchas-
ing; amending s. 945.16, Florida Statutes; allowing the non-
profit prison industries corporation to sell its products to
state agencies; requiring state agencies to purchase commodi-
ties and services produced by the corporation under certain cir-
cumstances; providing for the application of certain provi-
sions to the corporation; exempting purchases made by state
agencies from the corporation from the provisions of part I
of chapter 287, Florida Statutes; providing an effective date.

Rep. Dunbar moved that SB 28-H be admitted for introduc-
tion, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and SB 28-H was read the first
time by title. On motions by Rep. Dunbar, the rules were waived
and SB 28-H was read the second time by title and the third
time by title. On passage, the vote was:

Yeas-107

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

Fox
Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
Gustafson
Hagler
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

Nays--4
Hall, C. A. 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
Patchett
Patterson
Plummer, J.

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

Reynolds Sadowski

Votes after roll call:
Yeas-Ewing, Dyer

So the bill passed and was immediately certified to the Sen-
ate.

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed SB 14-H
and requests the concurrence of the House.
Joe Brown, Secretary

By Senators Anderson and Renick-
SB 14-H-A bill to be entitled An act relating to Monroe
County; amending section 9 of chapter 67-1724, Laws of Florida,
as amended by section 3 of chapter 69-1322, and section 2 of
chapter 72-617, Laws of Florida, and section 31 of chapter 67-
1724, Laws of Florida, as amended by section 1 of chapter 77-
602, Laws of Florida; authorizing the governing board of the

The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans-Jones
Ewing
Nays-2
Mann

June 21, 1982

23

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Lower Florida Keys Hospital District to issue notes with an
interest rate of no more than the current prime rate, rather
than 8 percent; authorizing a cap of $3 million, rather than
$1 million, on the total principal of moneys borrowed by the
district; providing that the board may lease land for any length
of time for certain authorized purposes; providing an effective
date.
Proof of publication of the required notice was attached

Rep. Allen moved that SB 14-H be admitted for introduc-
tion, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and SB 14-H was read the first
time by title. On motions by Rep. Allen, the rules were waived
and SB 14-H was read the second time by title and the third
time by title. On passage, the vote was:

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
Lehman

Lewis
Liberti
Lippman
Mann
Martin
Martinez
MeEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Messersmith
Mills
Mitchell
Moffitt
Moore
Morgan
Nergard
Nuckolls
Ogden
Patchett
Patterson
Plummer, J.
Plummer, L. H.
Price
Ready

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

By Senators Jennings and Stuart-
SB 16-H-A bill to be entitled An act relating to the Orlando
Utilities Commission, Orange County; amending ss. 10 and
7, chapter 9861, Laws of Florida, 1923, as amended; providing
for the power to borrow money, incur indebtedness and issue
notes; providing an effective date.
Proof of publication of the required notice was attached
Rep. McEwan moved that SB 16-H be admitted for intro-
duction, the Speaker having ruled the measure outside the
purview of the Call. The motion was agreed to by the re-
quired Constitutional two-thirds vote and SB 16-H was read the
first time by title. On motions by Rep. McEwan, the rules were
waived and SB 16-H was read the second time by title and the
third time by title. On passage, the vote was:

Yeas-106
The Chair
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Cosgrove
Cox
Crady
Crotty
Drage
Dunbar
Dyer
Easley
Evans-Jones
Ewing
Fox
Friedman
Gallagher
Nays-None
So the bill
Senate.

Gardner
Girardeau
Gordon
Grant
Gustafson
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.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw
Kimmel
Kiser
Kutun
Lehman
Lewis

Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
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
Tygart
Upchurch
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodburn
Woodruff
Young

Yeas-102
The Chair
Allen
Bankhead
Batchelor
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Cosgrove
Cox
Crady
Crotty
Drage
Dunbar
Easley
Evans-Jones
Ewing
Fox
Friedman
Gallagher

Nays-1i
Bell

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

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required constitutional two-thirds vote and passed SB 16-H
and requests the concurrence of the House.
Joe Brown, Secretary

Reports of Standing Committees
The Committee on Appropriations recommends the following
pass:
HB 36 (fiscal note attached)
HB 37 (fiscal note attached)
HB 39, with amendment (fiscal note attached)
The above bills were placed on the calendar.

Recessed
On motion by Rep. Bell, the House recessed at 6:24 p.m., for
the purpose of holding committee meetings and conducting
other House business, to reconvene tomorrow at 9:30 a.m. or
upon call of the Speaker.

passed and was immediately certified to the

CHAMBER ACTION ON BILLS
June 21, 1982
HCR 1-H Adopted 60-58 HJR 43-H Passed as amended 101-3; reconsidered, fur-
HR 6-H Adopted their amended; passed as amended 104-3
HB 10-H Introduction allowed; passed as amended HB 58-H Passed as amended 75-35
108-2 HB 59-H Failed to pass as amended 40-69
HB 20-H Passed 105-0 HB 61-H Passed as amended 114-2
HR 24-H Adopted SB 14-H Introduction allowed; passed 102-1
HB 29-H Passed as amended 50-49 SB 16-H Introduction allowed; passed 106-0
HJR 31-H Passed 89-19 SB 17-H Introduction allowed; passed as amended
HCR 32-H Introduction allowed; adopted 105-0
HB 36-H Passed 107-0 SB 18-H Introduction allowed; passed 103-0
HB 37-H Read second time and amended SB 19-H Passed as amended 110-4
HB 38-H Passed 106--3 SB 28-H Introduction allowed; passed 107-4
HB 39-H Failed to pass 44-60 [Source: Legislative Information Division]

24

June 21, 1982

e Jour al oF THE

-House of 1?preseijtatives

EIGHTH SPECIAL SESSION-"H" of 1980,1982

Number 2

Tuesday, June 22, 1982

The House was called to order by the Speaker at 10:05 a.m.
The following Members were recorded present:

Fox
Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
Gustafson
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
Lehman

Lehtinen
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

Excused: Representatives Danson, Hodes, and Lewis; Repre-
sentative Robinson at 3:00 p.m.
A quorum was present.
Prayer
Prayer was offered by Representative Herbert F. Morgan.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of June 21 was corrected and approved as fol-
lows: On page 3, column 1, between lines 9 and 10 from top,
insert: "Section 2. The Congress shall have the power to en-
force, by appropriate legislation, the provisions of this article.;
on page 4, column 1, line 15 from bottom, strike "S. Ivor"
and insert "Silver"; in line 13 from bottom, strike "W. R.
Hodes" and insert "W. R. Hodges"; in column 2, between lines
18 and 19 from top, insert "BE IT FURTHER RESOLVED that
the following statement be placed on the ballot:"; on page 5,
column 2, in roll call vote on passage of Amendment 1 to HB
29-H, strike "Hodges, G."; on page 11, column 2, line 18 from
top, after "adopted" add "by two-thirds vote"; on page 13,
column 2, line 16 from bottom, after "from" strike "the" and
insert "gross"; on page 16, column 1, line 35 from bottom,

strike "voeted" and insert "alid"; in column 2, line 21 from
top, strike "of" and insert "or"; on page 17, column 1, line 34;
from top, after "date" insert "or proposed effective date"; on
page 18, column 1, line 30 from top, before "technician" insert
"medical"; in column 2, at beginning of line 12 from bottom,
insert "non"; on page 19, column 1, strike line 6 from bottom
and insert "nor more than $600, to be paid biennially."; in
column 2, line 32 from top, strike "municipality" and insert
"municipally"; in line 36 from top, before "a" insert "a certifi-
cate or"; on page 21, column 2, line 8 from top, after "401.38,"
insert "401.41,"; on page 22, column 1, line 12 from bottom,
strike "expending" and insert "expanding"; on page 23, column
1, line 17 from top, strike "(8) (p)" and insert "(q)4pY"

Messages from the Senate

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has passed SB 4-H and requests the concurrence
of the House.
Joe Brown, Secretary

By Senator Tobiassen and others-
SB 4-H-A bill to be entitled An act relating to receipt and
processing of complaints filed against law enforcement or cor-
rectional officers; amending s. 112.533, Florida Statutes, as
amended; providing that certain complaints against law enforce-
ment and correctional officers and information relating 'to such
complaints shall be exempt from s. 119.07, Florida Statutes;
providing that this section shall not apply to public records
exempt from public disclosure; defining active investigation;
providing an effective date.
-was read the first time by title. On motions by Rep. Hagler,
the rules were waived and SB 4-H was read the second time
by title and the third time by title. On passage, the vote
was:

Yeas-84

The Chair
Allen
Boles
Brantley
Brown
Burnsed
Burrall.
Carlton
Casas
Clements
Cosgrove
Crawford
Crotty
Easley
Evans-Jones
Ewing
Foster
Fox
Gallagher
Girardeau
Gordon

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

Liberti
Lippman
Mann
McEwan
McPherson, S.
Melby
Messersmith
Mitchell
Moore
Myers
Nergard
Nuckolls
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.
Price
Ready
Reynolds
Richmond

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

25

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Nays-1
Davis
[Because of a malfunction of the voting machine, Representa-
tive Lippman's vote accordingly was ordered included in the
regular roll call.]
Votes after roll call:
Yeas-Bell, Martin, Friedman, Carpenter, Drage, C. F. Jones,
Cox, Dyer, T. McPherson, Mills, Bankhead, A. E. Johnson,
Batchelor, Lehtinen
Nays-Meek, Dunbar
So the bill passed and was immediately certified to the
Senate.
The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the
required Constitutional two-thirds vote and passed SB 26-H
and requests the concurrence of the House.
Joe Brown, Secretary
By Senators Jenne and Steinberg-
SB 26-H-A bill to be entitled An act relating to driving
under the influence of alcohol or controlled substances; amend-
ing ss. 316.193, 316.1931, 316.1932(1) (c), (e), 322.28(2) (f), Flor-
ida Statutes, as amended by chapter 82-155, Laws of Florida;
increasing the maximum penalties for driving under the in-
fluence, driving with an unlawful blood alcohol level, and driving
while intoxicated; including controlled substances and model
glue as intoxicants for purposes of the driving while intoxi-
cated law; removing the right to withdraw consent to a blood
test in specified circumstances; specifying applicability of re-
strictions on issuance of driver's license or privilege; providing
legislative intent; providing an effective date.

Rep. L. J. Smith moved that SB 26-H be admitted for intro-
duction, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and SB 26-H was read the first
time by title. On motions by Rep. Smith, the rules were waived
and SB 26-H was read the second time by title and the third
time by title. On passage, the vote was:
Yeas-103

The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Crady
Crotty
Deratany
Drage
Dyer
Easley
Evans-Jones
Ewing
Foster
Nays-3
Davis

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

Lehman
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moore
Morgan
Myers
Nergard
Nuckolls
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.
Price

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

Girardeau Thomas

Votes after roll call:
Yeas-Lehtinen, Gordon, A. E. Johnson, Cox, Dunbar

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

Presentation of Former Member
Rep. L. R. Hawkins presented the Honorable William H.
Lockward, former Member of the House from Dade County.

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed SB 22-H
and requests the concurrence of the House.
Joe Brown, Secretary
By Senator Barron-
SB 22-H-A bill to be entitled An act relating to shrimping;
prohibiting the catching of shrimp below a minimum size in
waters south of or between the Apalachicola River and the
Choctawhatchee River; providing a penalty; providing an ef-
fective date.
Rep. Thompson moved that SB 22-H be admitted for intro-
duction, the Speaker having ruled the measure outside the
purview of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and SB 22-H was read the first
time by title. On motions by Rep. Thompson, the rules were
waived and SB 22-H was read the second time by title and
the third time by title. On passage, the vote was:
Yeas-107

The Chair
Allen
Bankhead
Batchelor
Boles
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Clements
Cosgrove
Crady
Crawford
Crotty
Davis
Drage
Dyer
Easley
Ewing
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
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

Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.
Plummer, L. H.
Price

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

Nays-None
Votes after roll call:
Yeas-Cox, Dunbar
So the bill passed and was immediately certified to the
Senate.
The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed SB 23-H
and requests the concurrence of the House.
Joe Brown, Secretary
By Senator Barron-
SB 23-H-A bill to be entitled An act relating to saltwater
fisheries; amending s. 370.16(14), (16) (e), Florida Statutes;
extending the summer oyster harvesting season in Franklin
County; providing an effective date.

26

June 22, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Rep. Thompson moved that SB 23-H be admitted for intro-
duction, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and SB 23-H was read the first
time by title. On motions by Rep. Thompson, the rules were
waived and SB 23-H was read the second time by title and the
third time by title. On passage, the vote was:

Kiser
Liberti
Mann
McPherson, S.
Meffert
Melby
Morgan

Yeas-106
The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Drage
Easley
Ewing
Foster
Fox
Friedman

Gallagher Lehman
Gardner Lehtinen
Girardeau Liberti
Gordon Lippman
Grant Mann
Gustafson Martin
Hagler Martinez
Hall, C. A. McEwan
Hall, L. J. McPherson, S.
Hattaway McPherson, T.
Hawkins, L. R. Meek
Hawkins, M. E. Meffert
Hazouri Melby
Hieber Messersmith
Hodges, G. Mills
Hodges, W. R. .Mitchell
Hollingsworth Moore
Johnson, A. E. Morgan
Johnson, B. L. Myers
Johnson, R. C. Nergard
Jones, C. F. Nuckolls
Jones, D. L. O'Malley
Kelly Patchett
Kershaw Patterson
Kimmel Plummer, J.
Kiser Plummer, L. H.
Kutun Price

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

Nays-1
Woodburn
Votes after roll call:
Yeas-Dunbar, Dyer
So the bill passed and was immediately certified to the
Senate.

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and adopted SCR
12-H and requests the concurrence of the House.
Joe Brown, Secretary

By Senators Gordon and Dunn-
SCR 12-H-A concurrent resolution authorizing the expendi-
ture of funds by the Department of Health and Rehabilitative
Services to assist in the operation of the 1982 session of the
Silver-Haired Legislature.
Rep. Spaet moved that SCR 12-H be admitted for introduc-
tion, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was not agreed to by the required
Constitutional two-thirds vote. Therefore, SCR 12-H was not
admitted for introduction.
Subsequently, Rep. Kutun moved to reconsider the vote by
which SCR 12-H failed to be admitted for introduction. Rep.
Liberti moved that the motion to reconsider be laid on the table,
which was not agreed to. The vote was:

Yeas-49

Bush
Carlton
Carpenter
Casas
Deratany
Dunbar

Easley
Evans-Jones
Ewing
Foster
Gallagher
Grant

Hawkins, M. E.
Hodges, W. R.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel

Nays-57
The Chair
Allen
Bankhead
Batchelor
Boles
Clements
Cosgrove
Cox
Crady
Crotty
Davis
Drage
Dyer
Fox
Friedman

Gardner
Girardeau
Gordon
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hazouri
Hieber
Hodges, G.
Hollingsworth
Johnson, A. E.
Johnson, B. L.

Johnson, R. C.
Kershaw
Kutun
Lehman
Lippman
Martin
Martinez
McEwan
McPherson, T.
Meek
Mitchell
Moore
Nergard
Nuckolls
Plummer, J.

Reynolds
Robinson
Rosen
Sample
Sheldon
Silver
Smith, L. J.
Spaet
Thomas
Weinstock
Williams
Young

Votes after roll call:
Yeas to Nays-Mann
The question recurred on the motion to reconsider. Without
objection, Rep. Kutun withdrew the motion.

Consideration of Bills and Joint Resolutions on Third
Reading

HB 37-H--A bill to be entitled An act relating to corrections;
creating s. 944.021, Florida Statutes; creating a corrections
overcrowding task force to make recommendations with respect
to prison overcrowding; providing for appointment and respon-
sibilities; providing for a report to the Governor and Legis-
lature; providing an effective date.
-was read the third time by title. On passage, the vote was:

Yeas-75

The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brown
Burnsed
Burrall
Carpenter
Casas
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Deratany
Nays-29
Brodie
Bush
Drage
Dunbar
Foster
Gallagher
Hall, C. A.
Hall, L. J.

Dyer
Easley
Evans-Jones
Ewing
Fox
Friedman
Gardner
Girardeau
Gordon
Hagler
Hattaway
Hawkins, L. R.
Hazouri
Hodges, G.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Kelly

Hawkins, M. E.
Hieber
Hodges, W. R.
Jones, D. L.
Kimmel
Kiser
Lehman
McEwan

Kershaw
Kutun
Liberti
Lippman
Martin
Martinez
McPherson, T.
Meek
Meffert
Melby
Mills
Mitchell
Moffitt
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley

McPherson, S.
Messersmith
Moore
Patchett
Patterson
Plummer, J.
Reynolds
Sample

Pajcic
Plummer, L. H.
Price
Ready
Richmond
Robinson
Rosen
Shackelford
Silver
Smith, C. R.
Smith, L. J.
Thomas
Tygart
Upchurch
Ward
Weinstock
Wetherell
Young

Smith, J. H.
Steele
Watt
Woodburn
Woodruff

Votes after roll call:
Yeas-Grant, Williams, Carlton, Lehtinen
Nays-Mann
So the bill passed as amended and was immediately certified
to the Senate.

Myers
Ogden
O'Malley
Pajcie
Patchett
Price
Ready

Richmond
Shackelford
Smith, C. R.
Steele
Thompson
Tygart
Upchurch

Ward
Watt
Wetherell
Woodburn

Bell
Brantley
Brodie
Brown
Burnsed
Burrall

27

June 22, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Introduction and Reference

By Representative Pajcic-
HB 57-H-A bill to be entitled An act relating to taxation;
amending s. 166.231(3), Florida Statutes, as amended, relating
to the municipal public service tax, to change the term "kilo-
watts," which cannot be measured by a residential meter, to
the phrase "kilowatt hours," which is measurable; amending
s. 200.065(2) (e), Florida Statutes, as amended, relating to
millage rates for municipal service taxing units and dependent
special taxing districts, and hearings related thereto; amending
s. 212.82(3), Florida Statutes, relating to the Local Govern-
ment Half-cent Sales Tax, to appropriate certain proceeds to
the Department of Revenue for distribution to the local gov-
ernments; amending s. 220.03(5) (b) and (c), as created by
chapter 82-232, Laws of Florida, and as subsequently amended,
providing a time period to exercise the right of electing cer-
tain methods to report and pay the corporate income tax;
amending s. 220.13(1) (c), Florida Statutes, as amended, and
amending s. 220.13(1) (d), Florida Statutes, as created by chap-
ter 82-232, Laws of Florida, and as subsequently amended,
clarifying language with respect to certain income on install-
ment sales; amending s. 221.01, Florida Statutes, as created
by chapter 82-232, Laws of Florida, and as subsequently amend-
ed, providing a cross reference clarifying which taxpayers are
subject to the emergency excise tax; requiring certain corporate
taxpayers to pay emergency excise taxes; amending sections
7 and 8 of chapter 82-232, Laws of Florida, as amended by
chapter 82-385, Laws of Florida, relating to the effect of cer-
tain amendments to the corporate income tax and the emer-
gency excise tax law, and relating to the effective date of cer-
tain amendments to such tax laws; providing an effective date.
Rep. Pajcic moved that HB 57-H be admitted for introduc-
tion, the Speaker having ruled the measure outside the purview
of the Call. The motion was agreed to by the required Consti-
tutional two-thirds vote and HB 57-H was read the first time
by title. On motion by Rep. Pajcic, the rules were waived and
the bill was read the second time by title.

Representative Easley offered the following amendment:
Amendment 1-On page 12, line 26, strike said line, and in-
sert: Section 9. Subsection (2) of section 196.1975, Florida
Statutes, as amended by Chapter 82-133, Laws of Florida, is
amended to read:
196.1975 Additional provisions for exempting property used
by homes for the aged.-In addition to criteria for granting
exemptions for charitable use of property set forth in other
sections of this chapter, homes for the aged shall be exempt
to the extent that they meet the following criteria:
(2) A facility shall not qualify as a "home for the aged"
unless at least 75 percent of the occupants are over the age
of 62 years or totally and permanently disabled. For homes for
the aged which are exempt from paying income taxes to the
United States as specified in subsection (1), licensing by the
Department of Health and Rehabilitative Services shall be
required for ad valorem tax exemption hereunder only if the
home:
(a) Furnishes medical facilities or nursing services to its
residents, or
(b) Qualifies as an adult congregate living facility under
part II, chapter 400.
Section 10. This act shall take effect upon becoming a law,
provided that sections 4 through 8 inclusive shall take effect
retroactively
Rep, Easley moved the adoption of the amendment, which
was adopted.

Representative Easley offered the following title amend-
ment: .....-
Amendment 2-On page 2, line 8, after the semicolon insert:
amending subsection (2) of s. 196.1975, Florida Statutes, as
amended in Chapter 82-133, Laws of Florida; providing require-
ment to qualify as a home for the aged;

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

On motion by Rep. Pajcic, the rules were waived and HB
57-H, as amended, was read the third time by title. On passage,
the vote was:
Yeas-103

The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Drage
Dunbar
Dyer
Easley

Evans-Jones
Ewing
Friedman
Gallagher
Girardeau
Gordon
Grant
Gustafson
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
Lehman
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Melby
Messersmith
Mitchell
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.

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

Nays-None
Votes after roll call:
Yeas-Lehtinen, Mills
So the bill passed, as amended, and was immediately certi-
fied to the Senate after engrossment.

By Representative Burrall-
HB 28-H-A bill to be entitled An act relating to Sarasota
and Charlotte Counties; amending section 3(A) of chapter 82-
381, Laws of Florida, providing for staggering of terms of
members of the Board of Commissioners of the Englewood
Area Fire Control District; providing for a referendum.
Rep. Burrall moved that HB 28-H be admitted for introduc-
tion, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and HB 28-H was read the first
time by title. On motions by Rep. Burrall, the rules were waived
and HB 28-H was read the second time by title and the third
time by title. On passage, the vote was:

Yeas-100
The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Crady
Crawford
Crotty
Davis
Drage
Dunbar
Dyer
Easley
Ewing
Nays-None

Foster
Fox
Friedman
Gallagher
Girardeau
Gordon
Grant
Gustafson
Hagler
Hail, 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
Lehman
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
Melby
Messersmith
Mitchell
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Patchett
Patterson
Plummer, J.

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

28

June 22, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES.

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

Message from the Senate

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed SB 25-H
and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Peterson-'
SB 25-H-A bill to be entitled An act relating to Polk
County; providing for enforcement of the Polk County Animal
Control Ordinance; providing for the issuance of citations re-
quiring compliance with the Animal Control Ordinance; pro-
viding penalties; providing an effective date.
Proof of publication of the required notice was attached.
Rep. Crawford moved that SB 25-H be admitted for intro-
duction, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the -required
Constitutional two-thirds vote and SB 25-H was read the first
time by title. On motions by Rep. Crawford, the rules were
waived and SB 25-H was read the second time by title and the
third time by title. On passage, the vote was:

Yeas-100

Foster
Fox
Friedman
Gallagher
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
Lehman
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
Meek
Melby
Messersmith
Mitchell
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Patchett
Patterson
Plummer, J.

Nays-None
Votes after roll call:
Yeas-Lehtinen
So the bill passed and was immediately
Senate.

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

certified to the

Continuation of Introduction and Reference

By Representative Richmond-
HB 63-H-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 re-
newal 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; pro-
viding for review and repeal in accordance with the Regulatory
Sunset Act; providing an effective date.
Rep. Richmond moved that HB 63-H be admitted for intro-
duction, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and HB 63-H was read the first
time by title. On motions by Rep. Richmond, the rules were
waived and HB 63-H was read the second time by title and the
third time by title. On passage, the vote was:

Yeas-92
Allen
Bankhead
Batchelor
Boles
Brantley
Brodie
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Cosgrove
Cox
Crady
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Ewing

Foster
Fox
Friedman
Gallagher
Girardeau
Grant
Gustafson
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
Lehman
Liberti
Lippman
Mann
Martinez
McEwan
McPherson, S.
Melby
Messersmith
Mitchell
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Patchett

Nays-2
Martin Meffert
Votes after roll call:
Yeas-Lehtinen
So the bill passed and was immediately
Senate.

Patterson
Plummer, J.
Price
Ready
Reynolds
Richmond
Robinson
Sample
Shackelford
Smith, J. H.
Smith, L. J.
Spaet
Steele
Thomas
Thompson
Tygart
Upchurch
Ward
Watt
Williams
Woodburn
Woodruff
Young

certified to the

By Representative Crady-
HB 65-H-A bill to be entitled An act relating to the local
government half-cent sales tax; adding subsection (6) to s.
212.90, Florida Statutes; providing that certain counties which
participate in said tax and which are eligible for an emergency
distribution under part III of chapter 212, Florida Statutes,
shall be eligible for a supplemental distribution; providing limi-
tation; providing an appropriation; providing an effective date.
Rep. Crady moved that HB 65-H be admitted for introduc-
tion, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and HB 65-H was read the
first time by title. On motion by Rep. Crady, the rules were
waived and the bill was read the second time by title. Rep.
Easley raised a point of order, under Rule 8.8, that the bill
had an appropriation and had not been considered by the
Committee on Appropriations. Rep. Morgan, Chairman, agreed
and HB 65-H was referred to the Committee on Appropria-
tions.

By Representatives Kershaw, Fox, Meek, Rosen, L. H. Plum-
mer, W. R. Hodges, Kutun, C. A. Hall, Cosgrove, Spaet, Silver,
Friedman, Lehtinen, L. R. Hawkins, and Sadowski-
HR 46-H-A resolution commending Charles Rudolph Hadley
for his service to the citizens of the state.
WHEREAS, the State of Florida owes a great debt of grati-
tude to the community leaders of the state's counties who are
dedicated to the betterment of the state, and
WHEREAS, Charles Rudolph Hadley has been a community
leader in the City of Miami and in Dade County for the past
38 years and is referred to by most Dade Countians as "Mr.
Civic Worker," and

The Chair
Allen
Bankhead
Batchelor
Boles
Brantley
Brodie
Brown
Burnsed
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Drage
Dunbar
Dyer
Easley
Ewing

29,

June 22, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

WHEREAS, Mr. Hadley has received numerous awards for
civic service, including selection in 1960 as Man of the Year
by Unlimited Magazine and Phi Beta Sigma Fraternity, Inc.,
and presentation of a key to the City of Miami in 1962, and
WHEREAS, Mr. Hadley has held many special appointments,
including State of Florida Special Deputy Constable, Special
Assistant to the Secretary of State, Special Advisor to Attor-
ney General Jim Smith, member of the Town Meeting Com-
mittee, and City of Miami Urban Renewal Committee, and
WHEREAS, Mr. Hadley is currently a member of the Miami
Housing Authority, the City of Miami Civil Service Board, the
Economic Opportunity Program, Inc., Committee, and the Ad-
visory Board to Metro's Department of Housing and Urban
Development, and
WHEREAS, it is appropriate that the House of Representa-
tives pause in its deliberations to commend Mr. Hadley for his
service to the citizens of the state, 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
hereby commends Charles Rudolph Hadley for his unselfish
efforts which have enriched his community during the past 38
years and hereby accords this expression in recognition and
appreciation of the invaluable service thus rendered to the
citizens of the state.
BE IT FURTHER RESOLVED that a copy of this resolution
be presented to Charles Rudolph Hadley as a tangible token of
the sentiments expressed herein.

Rep. Kershaw moved that HR 46-H be admitted for intro-
duction, the Speaker having ruled the measure outside the
purview of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and HR 46-H was read the first
time by title. On motions by Rep. Kershaw, the resolution was
read the second time in full and adopted. The vote was:

Yeas-82

The Chair Gardner
Allen Grant
Bankhead Gustafson
Batchelor Hagler
Boles Hall, C. A.
Brodie Hall, L. J.
Burnsed Hattaway
Burrall Hawkins, L. R.
Bush Hawkins, M. E.
Carlton Hazouri
Casas Hieber
Cosgrove Hodges, G.
Cox Hodges, W. R.
Crotty Johnson, A. E.
Drage Johnson, B. L.
Dunbar Jones, C. F.
Easley Jones, D. L.
Ewing Kelly
Fox Kershaw
Friedman Kimmel
Gallagher Kiser
Nays-None
Votes after roll call:

Liberti Ready
Mann Reynolds
Martin Robinson
Martinez Rosen
McEwan Sample
McPherson, S. Silver
Meek Smith, C. R.
Meffert Smith, J. H.
Melby Spaet
Messersmith Steele
Mills Thomas
Mitchell Tygart
Moore Upchurch
Myers Ward
Nergard Watt
Nuckolls Weinstock
Patchett Wetherell
Patterson Williams
Plummer, J. Woodburn
Plummer, L. H.
Price

Yeas-Dyer, Hollingsworth, Ogden, Carpenter, Lehtinen,
Young, Lippman, Kutun

By the Committee on Transportation and Representative
Nuckolls-
HB 48-H-A bill to be entitled An act relating to Department
of Transportation contracts; creating s. 337.165, Florida Stat-
utes; providing definitions; providing for denial, revocation, or
suspension of a contractor's certificate of qualification for
specified reasons; providing for a period of disqualification;
providing for reinstatement of a certificate; providing for
a continuation of obligations under preexisting contracts; pro-
viding penalties; providing notification requirements; providing
investigative authority; creating s. 337.166, Florida Statutes;
requiring the Department of Legal Affairs to obtain restitution
for the Department of Transportation in certain actions; creat-

ing s. 337.167, Florida Statutes; providing that qualification
to bid on state contracts is not a license; prohibiting adminis-
trative stays of denial, revocation, or suspension; providing
criteria for injunctive relief; providing a finding of an immed-
iate danger to public safety, health and welfare; creating s.
337.168, Florida Statutes; providing a definite period of time
during which the Department of Transportation's official proj-
ect cost estimates and potential bidders' identities are exempt
from the provisions of s. 119.07(1), Florida Statutes; providing
that the department of transportation's bid analysis and mon-
itoring system is exempt from the provisions of s. 119.07(1),
Florida Statutes; providing an effective date.
-was read the first time by title. On motion by Rep. C. F.
Jones, the rules were waived and the bill was read the second
time by title.

Representative Thompson offered the following amendment:
Amendment 1-On page 9, strike lines 19 thru 23
Rep. Thompson moved the adoption of the amendment, which
was adopted. The vote was:

Yeas-63

The Chair
Allen
Boles
Brown
Carpenter
Clements
Cosgrove
Davis
Ewing
Foster
Fox
Friedman
Gordon
Grant
Hall, C. A.
Hall, L. J.

Nays-32
Bankhead
Brantley
Brodie
Burnsed
Bash
Casas
Crady
Crotty

Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
Hodges, G.
Johnson, A. E.
Johnson, R. C.
Kershaw
Kimmel
Kiser
Kutun
Lehman
Lippman
Martin
Martinez

Drage
Dunbar
Easley
Evans-Jones
Gallagher
Gardner
Gustafson
Hagler

McEwan Sample
Meek Sheldon
Meffert Silver
Messersmith Smith, C. R.
Mills Smith, L. J.
Mitchell Steele
Moore Thomas
Morgan Thompson
Myers Tygart
Ogden Upchurch
Pajcic Ward
Plummer, L. H. Watt
Price Weinstock
Ready Wetherell
Reynolds Young
Rosen

Hodges, W. R.
Hollingsworth
Johnson, B. L.
Jones, C. F.
Jones, D. L.
Liberti
McPherson, S.
Melby

Nuckolls
Patterson
Plummer, J.
Richmond
Smith, J. H.
Williams
Woodburn
Woodruff

Votes after roll call:
Yeas-Cox
Nays to Yeas-B. L. Johnson
On motion by Rep. Jones, the rules were waived and HB 48-H,
as amended, was read the third time by title. On passage, the
vote was:

Yeas-92
The Chair
Bankhead
Boles
Brantley
Brodie
Burnsed
Bush
Carlton
Carpenter
Casas
Cosgrove
Crady
Crawford
Crotty
Davis
Deratany
Drage
Dunbar
Easley

Evans-Jones
Foster
Fox
Friedman
Gallagher
Gardner
Girardeau
Gordon
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hazouri
'Hieber
Hodges, G.
Hodges, W. R.
Hollingsworth

Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kershaw
Kimmel
Kiser
Kutun
Lehman
Liberti
Lippman
Mann
McEwan
McPherson, S.
Meek
Meffert
Melby
Mitchell
Moore

Morgan
Myers
Nergard
Nuckolls
Ogden
Pajcic
Patterson
Plummer, J.
Plummer, L. H.
Price
Ready
Reynolds
Richmond
Robinson
Rosen
Sample
Shackelford
Sheldon
Silver

30.

June 22, 1982

June 22, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet

Steele
Thomas
Thompson
Tygart

Upchurch
Ward
Watt
Weinstock

Williams
Woodburn
Woodruff
Young

Nays-2
Clements Johnson, A. E.
Votes after roll call:
Yeas-Ewing, Patchett, Lehtinen, Mills, Allen, T. McPherson,
Cox, Grant, Kelly, Dyer, Batchelor
Yeas to Nays-Sample, Upchurch, Kutun
So the bill passed, as amended, and was immediately certified
to the Senate after engrossment.

REP. G. HODGES IN THE CHAIR

Reconsideration
Rep. Upchurch moved to reconsider the vote by which HB
39-H failed to pass yesterday, which was agreed to.
HB 39-H-A bill to be entitled An act relating to corrections;
creating s. 944.927, Florida Statutes, the Local Offender Advi-
sory Council Act; providing legislative intent with respect to
establishment of community programs to provide sentencing
alternatives for certain nonviolent offenders; providing for
local offender advisory councils in participating counties and
cities and specifying duties thereof; providing for assistance by
the Department of Corrections; providing procedure for with-
drawal from the program; providing an effective date.
The question recurred on the passage of HB 39-H.

Representatives Ward and Mills offered the following amend-
ment:
Amendment 2-On pages 1-3, strike everything after the
enacting clause, and insert:
Section 1. Section 944.927, Florida Statutes, is created to
read:
944.927 Local Offender Advisory Council Act.-
(1) It is the intent of the Legislature that cities and counties
or combinations thereof within the 1st and 8th judicial circuit
have the option to develop, establish and maintain as pilot
projects community programs to provide the judicial system
with sentencing alternatives for certain nonviolent offenders
who may require less than institutional custody but more than
probation supervision. It is further intended that such programs
provide increased opportunities for offenders to make restitution
to victims of crime through financial reimbursement or com-
munity service, while promoting efficiency and economy in
the delivery of correctional services.
(2) In the event that cities or counties or combinations
thereof within the 1st and 8th judicial circuits elect to de-
velop, establish and maintain such community programs, they
shall provide support to a local offender advisory council com-
posed of members appointed by the county or city governing
body; if a combination thereof, an equal number of members
shall be appointed by each participating governing body. Each
council shall also include in its membership two persons ap-
pointed by the chief judge of the circuit serving the juris-
diction or jurisdictions participating on the committee, and
one person appointed by the appropriate regional office of the
Department of Corrections. Such councils shall be responsible
for:
(a) Identifying and developing community services and pro-
grams for use by the courts in diverting offenders from state
correctional institutions.
(b) Providing a mechanism whereby all offenders with needs
for services will be linked to appropriate agencies and individ-
uals.
(c) Upon referral to the council by the circuit court, de-
termining if an appropriate behavioral contract can be de-
veloped with an offender in a community program as an
alternative to incarceration, and providing findings and recom-
mendations to the referring judge.

(3) The Department of Corrections is authorized to assist
a county or city, or combination thereof, to develop and to
enter into contracts to establish, pursuant to the provisions of
this section, community programs to provide the judicial sys-
tem with sentencing alternatives for those offenders sentenced
to incarceration but who may require less supervision than that
provided in a state correctional institution. The department
in consultation with members of the judiciary is further
authorized and directed to prescribe standards for the develop-
ment, operation and evaluation of programs and services
authorized by this section.
(4) Any participating cities or counties or combinations
thereof may, at the beginning of any fiscal year, by ordinance
or resolution of its governing authority, notify the department
of its intention to terminate the local offender advisory council.
The department shall notify the Governor and the appropriate
substantive and appropriations committees of the Legislature of
any such termination, which shall be effective 60 days follow-
ing notice to the department.
(5) Any participating cities or counties or combinations
thereof creating such boards may make recommendations to
the department with regard to future adoption of fiscal incen-
tives to encourage further development of existing programs.
Section 2. This act shall take effect upon becoming a law.
Rep. Ward moved the adoption of the amendment, which was
adopted by two-thirds vote.

Representatives Ward and Mills offered the following title
amendment:

Amendment 3-On page 1, line 6, strike all of said line, and
insert: optional pilot community programs within the 1st and
8th judicial circuits to provide sentencing
Rep. Ward moved the adoption of the amendment, which was
adopted. The question recurred on the passage of HB 39-H.
The vote was:

Yeas-91

The Chair
Allen
Bankhead
Batchelor
Boles
Brodie
Brown
Burnsed
Bush
Carlton
Casas
Clements
Cosgrove
Cox
Crady
Davis
Drage
Dunbar
Dyer
Easley
Ewing
Foster
Fox

Nays-9
Carpenter
Crotty
Evans-Jones

Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hazouri
Hieber
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kimmel
Kiser
Lehman

Liberti Richmond
Lippman Robinson
Mann Rosen
Martin Sadowski
Martinez Sample
McEwan Sheldon
McPherson, T. Silver
Meek Smith, C. R.
Meffert Smith, J. H.
Melby *Smith, L. J.
Messersmith Spaet
Mills Thomas
Mitchell Thompson
Moore Tygart
Myers Upchurch
Nergard Ward
Nuckolls Watt
Pajcic Weinstock
Plummer, J. Wetherell
Plummer, L. H. Williams
Price Woodburn
Ready Young
Reynolds

Hawkins, M. E. Patterson
Ogden Shackelford
Patchett

Woodruff

Votes after roll call:
Yeas-C. F. Jones, Kelly, Lehtinen
Nays to Yeas-Ogden
So the bill passed, as amended, and was immediately certified
to the Senate after engrossment.
Rep. Carlton moved that HR 66-H be taken up, which was
agreed to, and-

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Carlton-
HR 66-H-A resolution recognizing porcelain painting as a
fine art.
WHEREAS, the art of the painting of porcelain requires
great skill, intensive training, and great artistic ability to
produce the beautiful porcelain art people the world over enjoy
so much, and
WHEREAS, throughout history, the art of porcelain painting
has provided a medium for the preservation of history and
culture. It has further been recognized as a fine art by all of
the world's great civilizations, and
WHEREAS, growing numbers of American artists have stud-
ied, explored, and enhanced the historic skills of porcelain
painting, adding immeasurably to the cultural enrichment of
our nation. The efforts of these artists bring rich beauty and
expanded dimensions to our national culture for the benefit and
enrichment of the lives of all citizens, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of
Florida:
That as a reflection of our high regard for porcelain art,
the Florida House of Representatives recognizes porcelain paint-
ing as a fine art in appreciation of this beautiful artistic
expression and the contributions it has made to our culture and
that of our civilization.
-was read the first time by title. On motions by Rep. Carlton,
the resolution was read the second time in full and adopted.

By Representative Gustafson-
HB 49-H-A bill to be entitled An act relating to dissolution
of marriage; amending s. 61.21(4), Florida Statutes, relating
to the amount the board of county commissioners may levy
as a service charge on circuit court proceedings for support
of family mediation or conciliation services, to exempt charter
counties from the imposed limitation; providing an effective
date.
Rep. Gustafson moved that HB 49-H be admitted for intro-
duction, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and HB 49-H was read the first
time by title. On motions by Rep. Gustafson, the rules were
waived and HB 49-H was read the second time by title and
the third time by title. On passage, the vote was:

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

Nays--3
Carpenter Dunbar
Votes after roll call:
Yeas--L. J. Smith, Lehtinen

Kutun
Lehman
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
Patchett
Patterson

Shackelford

So the bill passed and was immediately
Senate.

Plummer, J.
Price
Ready
Reynolds
Richmond
Robinson
Sample
Sheldon
Smith, C. R.
Smith, J. H.
Spaet
Steele
Thomas
Thompson
Tygart
Ward
Watt
Weinstock
Wetherell
Woodburn
Woodruff

certified to the

By Representatives Davis, Carpenter, Clements, A. E. John-
son, Crawford, Burnsed, Gardner, Woodburn, Reynolds, Hollings-

worth, L. J. Smith, Foster, C. R. Smith, Martinez, Casas, Shack-
elford, Mitchell, L. J. Hall, R. C. Johnson, Hattaway, Williams,
B. L. Johnson, Ready, Crady, Steele, Patchett, Kimmel, Watt,
Moore, Burrall, Kiser, Thompson, Mills, Meffert, Wetherell,
Brown, Hagler, Brantley, Kelly, and Silver-
HB 2-H-A bill to be entitled An act relating to bail;
amending s. 903.133, Florida Statutes, expanding the types of
first degree felonies for which a person convicted thereof may-
be denied bail upon appeal; repealing Rules 3.130(a) and 3.691
(a), Florida Rules of Criminal Procedure, insofar as the rules
conflict with this act; providing an effective date.
-was read the first time by title. On motion by Rep. Davis,
the rules were waived and the bill was read the second time by
title.
Representative L. J. Smith offered the following title amend-
ment:
Amendment 1-On page 1, line 5, after the word "thereof"
strike "may" and insert: shall
Rep. Davis moved the adoption of the amendment, which was
adopted.
On motion by Rep. Davis, the rules were waived and HB 2-H,
as amended, was read the third time by title. On passage, the
vote was:

Yeas-102
Allen
Bankhead
Batchelor
Boles
Brantley
Brodie
Brown
Burnsed
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans-Jones
Ewing
Nays-1

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
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kershaw

Kimmel Ready
Lehman Reynolds
Liberti Richmond
Lippman Robinson
Mann Rosen
Martin Sample
Martinez Shackelford
McEwan Sheldon
McPherson, S. Smith, C. R.
McPherson, T. Smith, J. H.
Meek Smith, L. J.
Meffert Spaet
Melby Steele
Messersmith Thomas
Mitchell Thompson
Moore Tygart
Morgan Ward
Myers Watt
Nergard Weinstock
Nuckolls Wetherell
Ogden Williams
Pajcic Woodburn
Patchett Woodruff
Plummer, J. Young
Plummer, L. H.
Price

Patterson
Votes after roll call:
Yeas-Mills, Lehtinen
So the bill passed, as amended, and was immediately certi-
fied to the Senate after engrossment.
Message from the Senate
The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has concurred in House Amendment 2, has amended
House Amendment 1, concurred in same as amended and passed
SB 19-H, as further amended, and requests the concurrence
of the House.
Joe Brown, Secretary
(House Amendment 1 attached to original bill)
House Title Amendment 2-On pages 1-3, strike the entire
title and insert: A bill to be entitled An act relating to medical
services; amending s. 395.010, Florida Statutes, relating to the
licensure of hospitals and ambulatory surgical centers, to clarify
provisions relating to disciplinary proceedings and records and
the access of the public thereto; amending s. 401.21, Florida
Statutes, relating to the short title; creating s. 401.211, Florida,
Statutes, providing legislative intent; amending s. 401.23, Flor-
ida Statutes, reorganizing and revising definitions; amending

Yeas-93
The Chair
Allen
Bankhead
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Bush
Carlton
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Drage
Dyer
Easley
Ewing
Foster

June 22, 1982:;

JOURNAL OF THE HOUSE OF REPRESENTATIVES

s. 401.24, Florida Statutes, modifying provisions relative to the
development of an emergency and nonemergency medical serv-
ices state plan; amending s. 401.25, Florida Statutes, providing
for licensure as a basic life support or an advanced life sup-
port service; creating s. 401.252, Florida Statutes, providing for
interhospital transfer; creating s. 401.255, Florida Statutes,
providing for licensure as a nonemergency medical transporta-
tion service; amending s. 401.26, Florida Statutes, providing
for permitting of vehicles used by basic and advanced life
support services and nonemergency medical transportation serv-
ices; amending s. 401.27, Florida Statutes, providing for cer-
tification of personnel and providing educational and training
criteria and other standards with respect thereto; creating s.
401.281, Florida Statutes, providing personnel standards for
ambulance drivers; amending s. 401.30, Florida Statutes, modi-
fying recordkeeping requirements; amending s. 401.31, Florida
Statutes, modifying provisions relative to periodic inspections
of licensees made by the Department of Health and Rehabili-
tative Services; amending s. 401.33, Florida Statutes, adding
exemptions; amending s. 401.34, Florida Statutes, modifying
fee provisions; amending s. 401.35, Florida Statutes, requiring
the adoption of certain rules; amending s. 401.38, Florida
Statutes, relating to participation in federal programs; amend-
ing s. 401.41, Florida Statutes, modifying and expanding penalty
provisions; creating s. 401.411, Florida Statutes, specifying
grounds for disciplinary action and authorizing the taking of
specified actions; creating s. 401.413, Florida Statutes, pro-
viding for administrative fines which may be levied for viola-
tion of the act; amending s. 401.43, Florida Statutes, modifying
penalty provisions for fraudulently obtaining services; amend-
ing s. 401.44, Florida Statutes, modifying penalty provisions
for turning in a false alarm; amending s. 401.45, Florida Stat-
utes; prohibiting denial of emergency services in specified situa-
tions; requiring the Auditor General to make a study of allied
health professionals regulated by the Department of Health and
Rehabilitative Services; providing for certain recommendations
to be made with respect thereto; providing for submission of
same to the Legislature by January 7, 1983; saving specified
sections of part III of chapter 401, Florida Statutes, from sun-
set repeal scheduled October 1, 1982; providing for review and
repeal of part III of chapter 401, Florida Statutes, relating to
emergency and nonemergency medical transportation services,
on October 1, 1983; providing an effective date.
Senate Amendment 1 to House Amendment 1-On page 36,
lines 2-5, strike all language after "through" and insert: 401.45,
Florida Statutes, is repealed on October 1, 1992, and shall be
reviewed pursuant to section 11.61, Florida Statutes, except
that sections 401.23(9), (11), (16), 401.25(7), 401.27, 401.31(2),
401.34(1) (f)-(k), (5), (6), 401.35(1) (b), (h), 401.41(2) (a), (b),
401.411, Florida Statutes, are repealed on October 1, 1983, and
shall be reviewed pursuant to section 11.61, Florida Statutes.
Senate Amendment 2 to House Amendment 1-On page 23,
line 5, strike "individuals" and insert: patients
On motions by Rep. Gordon, the House concurred in the
Senate amendments to House Amendment 1. The question re-
curred on the passage of SB 19-H. The vote was:

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

Lehman
Liberti
Lippman
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
Pajcic
Patchett
Patterson
Plummer, J.
Plummer, L. H.

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

Nays-2
Carpenter

Shackelford

Votes after roll call:
Yeas-Crawford, Evans-Jones, Brantley, Lehtinen
So the bill passed, as amended. The action, together with the
bill and amendments thereto, was immediately certified to the
Senate.

Continuation of Introduction and Reference

By Representatives Sheldon and L. J. Smith-
HB 44-H-A bill to be entitled An act relating to pretrial
release and detention; providing legislative intent; creating a
presumption in favor of release on nonmonetary conditions;
providing circumstances for pretrial detention; defining "dan-
gerous crime"; requiring notice to the state attorney; requiring
hearing; specifying rights of defendants; requiring speedy trial;
providing an effective date.
-was read the first time by title. On motion by Rep. Sheldon,
the rules were waived and the bill was read the second time by
title.

Representative Sheldon offered the following amendment:
Amendment 1-On page 2, line 5, after the word "persons"
insert: assure the presence of the accused at trial, or assure
the integrity of the judicial process
Rep. Sheldon moved the adoption of the amendment, which
was adopted.

On motion by Rep. Sheldon, the rules were waived and HB
44-H, as amended, was read the third time by title. On passage,
the vote was:

Yeas-104

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

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

Kiser Price
Kutun Ready
Lehman Reynolds
Liberti Richmond
Lippman Robinson
Martin Rosen
Martinez Sadowski
McEwan Sample
McPherson, S. Shackelford
Meek Sheldon
Meffert Silver
Melby Smith, C. R.
Messersmith Smith, L. J.
Mills Spaet
Mitchell Thomas
Moore Thompson
Morgan Tygart
Myers Upchurch
Nergard Ward
Nuckolls Watt
Ogden Weinstock
Pajcic Wetherell
Patchett Williams
Patterson Woodburn
Plummer, J. Woodruff
Plummer, L. H. Young

Nays-None
Votes after roll call:
Yeas-T. McPherson, J. H. Smith, Lehtinen
So the bill passed, as amended, and was immediately certified
to the Senate after engrossment.

Messages from the Senate
The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by

Yeas-100
The Chair
Allen
Bankhead
Batchelor
Boles
Brodie
Brown
Burnsed
Burrall
Bush
Casas
Clements
Cosgrove
Cox
Crady
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Ewing
Fox
Friedman

33

June 22, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

the required Constitutional two-thirds vote and passed SB 36-H
and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Barron-
SB 36-H--A bill to be entitled An act relating to the State
University System; transferring the Bay County branch campus
of the University of West Florida to Florida State University;
providing an effective date.
Rep. Morgan moved that SB 36-H be admitted for intro-
duction, the Speaker having ruled the measure outside the
purview of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and SB 36-H was read the
first time by title. On motions by Rep. Morgan, the rules were
waived and SB 36-H was read the second time by title and the
third time by title. On passage, the vote was:

Yeas-101

Allen
Bankhead
Batchelor
Bell
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Drage
Dunbar
Dyer
Easley
Evans-Jones
Ewing
Foster

Nays-5
Boles
Hagler

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

Lehman Reynolds
Liberti Richmond
Lippman Rosen
Martin Sadowski
Martinez Sample
McEwan Shackelford
McPherson, S. Silver
McPherson, T. Smith, C. R.
Meek Smith, J. H.
Meffert Smith, L. J.
Melby Spaet
Messersmith Thomas
Mills Thompson
Mitchell Tygart
Moffitt Upchurch
Moore Ward
Morgan Watt
Myers Weinstock
Nergard Wetherell
Nuckolls Williams
Ogden Woodburn
Pajcic Woodruff
Plummer, J. Young
Plummer, L. H.
Price
Ready

Johnson, B. L. Patterson

Robinson

Votes after roll call:
Yeas-Carlton, Mann, Patchett, Lehtinen
So the bill passed and was immediately certified to the
Senate.

THE SPEAKER IN THE CHAIR

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed SB 37-H
and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Lewis-
SB 37-H-A bill to be entitled An act relating to the Florida
Atlantic University West Palm Beach Center; amending s. 2,
chapter 82-247, Laws of Florida; providing for the immediate
transfer of certain land to the United Way of Palm Beach
County Incorporated; providing an effective date.
Rep. Messersmith moved that SB 37-H be admitted for intro-
duction, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and SB 37-H was read the

first time by title. On motions by Rep. Messersmith, the rules
were waived and SB 37-H was read the second time by title
and the third time by title. On passage, the vote was:
Yeas-102

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

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

Kiser
Kutun
Lehman
Lippman
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mitchell
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
Patchett
Plummer, J.
Plummer, L. H.
Price
Ready
Reynolds

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

Nays-None
Votes after roll call:
Yeas-Hazouri, Lehtinen
So the bill passed and was immediately certified to the
Senate.

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed SB 34-H
and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Thomas and others-
SB 34-H-A bill to be entitled An act relating to elections;
redesignating s. 106.141(6) (c), Florida Statutes, and adding a
new paragraph (c) to said subsection; authorizing a candidate
to give surplus campaign funds to the political party of which
he is a registered member; providing an effective date.
Rep. Martin moved that SB 34-H be admitted for intro-
duction, the Speaker having ruled the measure outside the
purview of the Call. The motion was agreed to by the- required
Constitutional two-thirds vote and SB 34-H was read the first
time by title. On motions by Rep. Martin, the rules were waived
and SB 34-H was read the second time by title and the third
time by title. On passage, the vote was:

Yeas-89

The Chair
Allen
Batchelor
Brantley
Brodie
Burnsed
Burrall
Bush
Carlton
Casas
Clements
Cox
Crady
Crawford
Crotty
Davis
Drage

Dunbar
Dyer
Easley
Ewing
Foster
Fox
Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hattaway

Hawkins, M. E.
Hodges, G.
Hodges, W. R.
Hollingsworth
Johnson, A. E.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kiser
Kutun
Lehman
Lippman
Mann
Martin

Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Melby
Messersmith
Mitchell
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
Patterson
Plummer, J.
Plummer, L. H.

June -22, 1982

June 22, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Sadowski
Sample
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.

Cosgrove
Evans-Jones
Hieber

Spaet
Thompson
Upchurch
Ward
Watt
Williams

Meffert
Shackelford

Woodburn
Woodruff
Young

Weinstock

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

Recessed
On motion by Rep. Sample, the House recessed at 11:58 a.m.,
to reconvene at 1:30 p.m. today.

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

Continuation of Messages from the Senate

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration
by the required Constitutional two-thirds vote and adopted SCR
24-H and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Tobiassen and others-
SCR 24-H-A resolution urging reduction of the Alabama
out-of-state hunting license fee.
Rep. Hagler moved that SCR 24-H be admitted for introduc-
tion, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and SCR 24-H was read the
first time by title. On motions by Rep. Hagler, the rules were
waived and SCR 24-H was read the second time in full and
adopted. The vote was:

Gardner
Girardeau
Gordon
Grant
Hagler
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
Hodges, G.
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kiser
Kutun
Lehman
Lehtinen
Liberti

Lippman Ready
Mann Robinson
Martin Rosen
Martinez Sample
McEwan Shackelford
McPherson, S. Sheldon
McPherson, T. Smith, C. R.
Meffert Smith, J. H.
Melby Smith, L. J.
Messersmith Spaet
Mitchell Steele
Moffitt Thomas
Moore Thompson
Morgan Tygart
Myers Upchurch
Nergard Weinstock
Ogden Williams
O'Malley Woodburn
Patchett Woodruff
Patterson Young
Plummer, J.
Plummer, L. H.
Price

Hall, C. A. Johnson, A. E. Reynolds
Hodges, W. R. Meek Sadowski

35

Price
Ready
Reynolds
Richmond
Robinson
Rosen

Nays-9
Boles
Brown
Carpenter

Brantley
Brodie
Brown
Burrall
Carlton
Casas
Crotty
Davis
Drage
Dunbar
Easley
Evans-Jones

Nays-49
The Chair
Bankhead
Boles
Burnsed
Bush
Carpenter
Clements
Cox
Crady
Dyer
Ewing
Foster
Fox

Gallagher
Gordon
Grant
Hieber
Johnson, A. E.
Jones, D. L.
Kelly
Kimmel
Kiser
McPherson, S.
Meffert
Melby

Gardner
Girardeau
Hagler
Hall, C. A.
Hall, L. J.
Hawkins, M. E.
Hodges, G.
Hodges, W. R.
Johnson, B. L.
Johnson, R. C.
Kutun
Lehman
Lehtinen

Messersmith
Moore
Myers
Nergard
Nuckolls
Pajcic
Patchett
Patterson
Plummer, J.
Plummer, L. H.
Richmond
Sadowski

Liberti
Lippman
Martin
Martinez
McEwan
McPherson, T.
Meek
Mitchell
Moffitt
Morgan
Ogden
O'Malley
Price

Sample
Shackelford
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Steele
Thomas
Watt
Wetherell
Williams

Reynolds
Robinson
Rosen
Sheldon
Thompson
Tygart
Upchurch
Weinstock
Woodburn
Young

Votes after roll call:
Yeas-Mills, Silver, Foster, Cosgrove
Under the rule, the concurrent resolution was immediately
certified to the Senate.

Explanation of Vote
I voted "no" because this bill is inappropriate for considera-
tion in a Special Session.

Representative Andrew E. Johnson

Continuation of Introduction and Reference

By Representatives Dunbar, Easley, Sample, Richmond, Gal-
lagher, Patchett, Kiser, J. H. Smith, Brantley, Nuckolls, D. L.
Jones, Hieber, Melby, Watt, Kimmel, Nergard, Evans-Jones,
Myers, S. McPherson, Crotty, Brodie, Messersmith, Cox, Steele,
A. E. Johnson, and Kelly-
HB 40-H-A bill to be entitled An act relating to motor
vehicles; creating Part II of chapter 325, Florida Statutes, pro-
viding for safety equipment inspection of motor vehicles; pro-
viding definitions; providing for the expiration of certificates,
early inspection, inspection schedules and penalties; providing
that inspection certificates are required for sold motor vehicles;
providing an exemption; providing a time limit for the inspec-
tion of newly registered motor vehicles; providing repair pro-
cedures for defective vehicles; prohibiting the- operation of
certain damaged motor vehicles; providing inspection criteria;
providing for the inspection of metal license plates; providing
for privately operated safety equipment inspection stations; pro-
viding for self-inspectors; providing for the supervision of safe-
ty equipment inspection stations; requiring the Department of
Highway Safety and Motor Vehicles to establish certain pro-
cedures; providing fees; providing for a budget and- administra-
tion of the act; directing the department to issue rules; authoriz-
ing the operation of inspection stations by counties; providing
for hours of operation of stations; providing for the recognition
of out of state inspection certificates; providing that inspections
do not constitute a warranty of mechanical condition; prohibit-
ing false inspection certification; providing penalties; prohibit-
ing forged certificates;, providing an effective date.

Rep. Dunbar moved that HB 40-H be admitted for introduce.
tion, the Speaker having ruled the measure outside the purview
of the Call. The motion was not agreed to by the required
Constitutional two-thirds vote. The vote was:

Yeas-47

Yeas--89
The Chair
Allen
Bankhead
Bell
Boles
Brodie
Brown
Burnsed
Bush
Carlton
Carpenter
Casas
Clements
Cox
Crady
Drage
Dunbar
Dyer
Easley
Ewing
Fox
Friedman
Gallagher

Nays-8
Burrall
Crotty

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Votes after roll call:
Nays-C. F. Jones
Nays to Yeas-Bankhead, Fox
Therefore, HB 40-H was not admitted for introduction.

Messages from the Senate

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and passed SB 32-H
and requests the concurrence of the House.
Joe Brown, Secretary

By Senators Maxwell and Neal-
SB 32-H-A bill to be entitled An act relating to the Ringling
Museum of Art; authorizing the expenditure of fufids; providing
an effective date.
Rep. Gardner moved that SB 32-H be admitted for intro-
duction, the Speaker having ruled the measure outside the
purview of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and SB 32-H was read the
first time by title. On motion by Rep. Gardner, the rules were
waived and SB 32-H was read the second time by title.

Representatives Gardner and Morgan offered the following
amendment:
Amendment 1-On page 1, line 13, after the period insert:
Section 2. Paragraph (b) of subsection (4) of section 265.26,
Florida Statutes, as created by chapter 82-73, laws of Florida, is
hereby repealed. (and renumber the subsequent sections)
Rep. Gardner moved the adoption of the amendment, which
was adopted.

Representatives Gardner and Morgan offered the following
title amendment:
Amendment 2-On page 1, line 3, after the semicolon insert:
repealing s. 265.26 (4) (b), Florida Statutes, as created by chap-
ter 82-73, Laws of Florida, relating to the operation and main-
tenance of the John and Mable Ringling Museum of Art,
Rep. Gardner moved the adoption of the amendment, which
was adopted.

On motion by Rep. Gardner, the rules
SB 32-H, as amended, was read the third
passage, the vote was:

Yeas-103

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, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kiser
Kutun
Lehman

Lehtinen
Liberti
Lippman
Mann
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
O'Malley
Pajeic
Patchett
Patterson
Plummer, J.
Plummer, L. H.
Price
Ready

were waived and
time by title. On

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

Nays-1
Martin
Votes after roll call:
Yeas-Cosgrove, A. E. Johnson
Nays to Yeas-Martin
So the bill passed, as amended, and was immediately certified
to the Senate after engrossment.

Recessed
The House stood in informal recess at 1:56 p.m. to reconvene
upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 2:54 p.m.
A quorum was present.

Continuation of Messages from the Senate

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and adopted SCR
11-H and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Vogt-
SCR 11-H-A resolution supporting the designation of July
9, 1982, by the United States Congress, as "National POW-
MIA Recognition Day".
Rep. Boles moved that SCR 11-H be admitted for introduction,
the Speaker having ruled the measure outside the purview of
the Call. The motion was agreed to by the required Constitu-
tional two-thirds vote and SCR 11-H was read the first time by
title. On motions by Rep. Boles, the rules were waived and
SCR 11-H was read the second time in full and adopted. The
vote was:

Yeas-107

The Chair
Allen .
Bankhead
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans-Jones
Foster

Fox
Friedman
Gallagher
Gardner
Girardeau
Gordon
Grant
Hagler
Hail, 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
Lehman
Lehtinen
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mills
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Patchett
Patterson
Plummer, J.

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

Nays-None
Votes after roll call:
Yeas-S. McPherson, J. H. Smith, Tygart, Batchelor, Ewing

Under the rule, the concurrent resolution
certified to the Senate.

was immediately

The Chair
Allen
Bankhead
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cox
Crady
Crotty
Davis
Drage
Dunbar
Dyer
Easley
Evans-Jones
Ewing
Foster
Fox

36

June 22, 1982

JOURNAL OF THE HOUSE

Continuation of Introduction and Reference

By Representatives Casas and Gallagher-

HB 69-H-A bill to be entitled An act relating to nursing;
adding s. 464.009(4), Florida Statutes; authorizing licensure
by endorsement for -registered nurses from a foreign country
under specified circumstances; providing an effective date.
Rep. Gallagher moved that HB 69-H be admitted for intro-
duction, the Speaker having ruled the measure outside the pur-
view of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and HB 69-H was read the first
time by title. On motions by Rep. Casas, the rules were waived
and HB 69-H was read the second time by title and the third
time by title. On passage, the vote was:

Yeas-84

Allen
Batchelor
Boles
Brodie
Brown
Burnsed
Bush
Carlton
Casas
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Drage
Easley
Foster
Fox
Friedman
Gallagher

Nays-16
Bankhead
Brantley
Burrall
Carpenter

Gardner Lehman
Girardeau Lehtinen
Gordon Mann
Grant Martin
Hagler Martinez
Hall, C. A. McEwan
Hall, L. J. McPherson, T.
Hattaway Meek
Hawkins, M. E. Messersmith
Hazouri Mills
Hieber Mitchell
Hodges, G. Moore
Hodges, W. R. Morgan
Johnson, A. E. Nergard
Jones, C. F. Nuckolls
Jones, D. L. Ogden
Kelly O'Malley
Kershaw Patchett
Kimmel Patterson
Kiser Plummer, J.
Kutun Plummer, L. H.

Clements Hollingsworth
Dunbar Johnson, B. L.
Dyer Johnson, R. C.
Evans-Jones Liberti

Price
Ready
Reynolds
Richmond
Rosen
Sadowski
Sample
Shackelford
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Steele
Thomas
Thompson
Tygart
Ward
Watt
Young

Lippman
Meffert
Weinstock
Woodruff

Votes after roll call:
Nays-Ewing
Yeas to Nays-Patterson, Boles, Hattaway, Mitchell, L. J.
Hall, Ready, Shackelford
So the bill passed and was immediately certified to the
Senate.

Messages from the Senate

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has passed with amendment HB 38-H and requests
the concurrence of the House.
Joe Brown, Secretary

By the Committee on Appropriations-
HB 38-H-A bill to be entitled Ani act making supplemental
appropriations to the 1982 General Appropriations Act; pro-
viding additional moneys for the annual period beginning July
1, 1982, and ending on June 30, 1983, to pay salaries and other
expenses, capital outlay (buildings and improvements), and
for other specified purposes of the Department of Corrections
and the Florida Parole and Probation Commission which are in
addition to those moneys appropriated in chapter 82-215, Laws
of Florida; providing an effective date.
Senate Amendment 2-On page 5, between lines 13 and 14,
insert a new section 4 and renumber subsequent section: Sec-

June 22, 1982

The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Casas
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Drage
Dyer
Easley
Evans-Jones
Ewing
Fox

Nays-14
Brantley
Carpenter
Clements
Deratany

Friedman Lehman
Gallagher Lehtinen
Gardner Liberti
Girardeau Lippman
Gordon Mann
Grant Martin
Gustafson Martinez
Hagler McEwan
Hall, C. A. McPherson, S.
Hattaway McPherson, T.
Hawkins, L. R. Meek
Hawkins, M. E. Meffert
Hazouri Melby
SHieber Messersmith
Hodges, G. Mills
Hodges, W. R. Mitchell
Johnson, A. E. Moffitt
Johnson, B. L. Moore
Johnson, R. C. Morgan
Jones, C. F. Myers
Jones, D. L. Nergard
Kelly Nuckolls
Kershaw Ogden
Kimmel O'Malley
Kutun Pajcic

Dunbar
Foster
Hall, L. J.
Hollingsworth

Kiser
Patchett
Sample
Shackelford

Patterson
Plummer, J.
Plummer, L. H.
Price
Ready
Reynolds
Richmond
Rosen
Sadowski
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Thomas
Thompson
Upchurch
Ward
Watt
Weinstock
Wetherell
Williams
Young

Steele
Woodruff

So the bill passed, as amended by the Senate amendment.
The action was certified to the Senate and the bill was ordered
enrolled after engrossment.

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has passed with amendment HB 37-H and requests
the concurrence of the House.
Joe Brown, Secretary

By Representatives Mills and Ward-

HB 37-H-A bill to be entitled An act relating to correc-
tions; creating s. 944.021, Florida Statutes; creating a correc-
tions overcrowding task force to make recommendations with
respect to prison overcrowding; providing for appointment and
responsibilities; providing for a report to the Governor and
Legislature; providing an effective date.

Senate Amendment 1-On page 2, lines 21 and 22, strike all
of lines 21 and 22 and insert: be provided by the Department of
Legal Affairs.
On motion by Rep. Ward, the House concurred in the Senate
amendment. The question recurred on passage of HB 37-H. The
vote was:

SOF REPRESENTATIVES 37

tion 4. The moneys in the following item are hereby appro-
priated from the General Revenue Fund- and may be used to
pay for specific expenditures of the named agency.
Commerce, Department of
Special Categories
Promotion of Business Opportunities in
Depressed Areas
From General Revenue Fund 50,000
Funds may only be expended on a two to one basis by con-
tributions from the private sector.
Rep. Mills moved that the House concur in the Senate amend-
ment. Rep. Patchett offered a substitute motion that the House
refuse to concur in the Senate amendment, which was not
agreed to. The question recurred on the motion to concur in
the Senate amendment, which was agreed to. The question
recurred on the passage of HB 38-H. The vote was:

Yeas-99

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Yeas-108
The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Deratany
Drage
Dyer
Easley
Evans-Jones

Nays-5
Dunbar
Hall, L. J.

Ewing
Foster
Fox
Friedman
Gallagher
Gardner
Girardeau
Grant
Gustafson
Hagler
Hall, C. A.
Hattaway
Hawkins, L. R.
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

Hawkins, M.E. Smith, J. H.

Kutun
Lehman
Lehtinen
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
Pajcie
Patchett

Woodruff

Votes after roll call:
Yeas-Gordon
So the bill passed, as amended by the Senate amendment. The
action was certified to the Senate and the bill was ordered en-
rolled after engrossment.

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has passed SB 6-H and requests the concurrence of
the House.
Joe Brown, Secretary

By Senator Carlucci-
SB 6-H-A bill to be entitled An act relating to parole and
probation; amending s. 947.16(1) (e), Florida Statutes, as amend-
ed; requiring parole examiners to interview youthful offend-
ers; amending s. 19, ch. 82-171, Laws of Florida; providing for
application of s. 947.16, Florida Statutes, relating to parole
interviews; providing a retroactive effective date.
Rep. Ward moved that SB 6-H be admitted for introduction,
the Speaker having ruled the measure outside the purview of
the Call. The motion was agreed to by the required Consti-
tutional two-thirds vote and SB 6-H was read the first time
by title. On motions by Rep. Ward, the rules were waived and
SB 6-H was read the second time by title and the third time
by title. On passage, the vote was:

Yeas-107

Clements
Cosgrove
Cox
Crady
Crawford
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans-Jones
.Hieber
Foster

Fox
Friedman
Gallagher
Gordon
Grant
Gustafson
Hagler
Hall, C. A.
Hall, L. J.
Hattaway
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hieber
Hodges, W. R.

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

Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mitchell
Moffitt
Moore

Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic
Patchett
Patterson
Plummer, J.
Plummer, L. H.
Price

Ready
Reynolds
Richmond
Rosen
Sample
Sheldon
Silver
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Steele

Thomas
Thompson
Tygart
Upchurch
Ward
Watt
Weinstock
Wetherell
Williams
Woodruff
Young

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

Yeas-106
The Chair
Allen
Bankhead
Batchelor
Bell
Boles
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas
Clements
Cosgrove
Cox
Crady
Crotty
Davis
Deratany
Drage
Dunbar
Dyer
Easley
Evans-Jones

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

Nays-3
Sadowski Silver
Votes after roll call:
Nays to Yeas-Silver

Kimmel
Kiser
Kutun
Lehman
Lehtinen
Liberti
Lippman
Mann
Martin
Martinez
McEwan
McPherson, S.
McPherson, T.
Meek
Meffert
Melby
Messersmith
Mitchell
Moffitt
Moore
Morgan
Myers
Nergard
Nuckolls
Ogden
O'Malley
Pajcic

Patchett
Patterson
Plummer, J.
Plummer, L. H.
Price
Ready
Reynolds
Richmond
Rosen
Shackelford
Sheldon
Smith, C. R.
Smith, J. H.
Smith, L. J.
Spaet
Steele
Thomas
Thompson
Tygart
Ward
Watt
Wetherell
Williams
Woodruff
Young

Weinstbck

Nays-None
Votes after roll call:
Yeas-Gardner, C. F. Jones, G. Hodges, Girardeau
So the bill passed and was immediately certified to the Sen-
ate.

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has passed with amendment HB 44-H and requests
the concurrence of the House.

Joe Brown, Secretary

By Representatives Sheldon and L. J. Smith-
HB 44-H-A bill to be entitled An act relating to pretrial
release and detention; providing legislative intent; creating a
presumption in favor of release on nonmonetary conditions; pro-
viding circumstances for pretrial detention; defining "danger-
ous crime"; requiring notice to the state attorney; requiring
hearing; specifying rights of defendants; requiring speedy
trial; providing an effective date.

Senate Amendment 1-On page 4, lines 10 & 11, strike ",
excluding weekends & holidays"

On motion by Rep. Sheldon, the House concurred in the Sen-
ate amendment. The question recurred on passage of HB 44-H.
The vote was:

The Chair
Allen
Bankhead
Batchelor
Bell,
Boles.
Brantley
Brodie
Brown
Burnsed
Burrall
Bush
Carlton
Carpenter
Casas

June 22, 1982

So the bill passed, as amended by the Senate amendment.
The action was certified to the Senate and the bill was ordered
enrolled after engrossment.

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has admitted for introduction and consideration by
the required Constitutional two-thirds vote and
-passed HB's 28-H, 63-H, 57-H, 10-H
-adopted HCR 32-H
Joe Brown, Secretary

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has passed by the required Constitutional three-
fifths vote of all members elected to the Senate HJR's 31-H
and 43-H.
Joe Brown, Secretary

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has passed HB's 36-H, 61-H, 29-H, 20-H, 2-H, 39-H.
Joe Brown, Secretary
The above bills, concurrent resolution, and joint resolutions
were ordered enrolled.

The Honorable Ralph H. Haben, Jr., Speaker
I am directed to inform the House of Representatives that
the Senate has concurred in House amendments and passed
SB 17-H, as amended.
Joe Brown, Secretary

Enrolling Reports
HB 61-H has been enrolled, signed by the required Con-
stitutional Officers and presented to the Governor on June
22, 1982.
Allen Morris, Clerk

Communication from the Governor
The Governor advised that he had filed in the Office of the
Secretary of State the following measure, which he approved
on June 22, 1982: HB 61-H

Recorded Votes
Representative Pajcic:
Yea-HB's 20-H, 59-H, 61-H; HJR 43-H; SB 19-H
Representative Moore:
Yea-HB's 36-H, 38-H
Representative Cosgrove:
Yea-HJR 31-H
Co-sponsors
HJR 31-H-Foster. Kelly, Spaet, B. L. Johnson

House Bills, Resolutions, and Memorials filed for introduction
on which no action was taken

By Representatives Woodburn, Lehman, and A. E. Johnson-
HB 3-H-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.

By Representative Allen-

HB 4-H-A bill to be entitled An act for the relief of
Monroe County; providing an appropriation to said county to
allow repayment of debt incurred as the result of an increase

39

in the sheriff's budget directed by the Administration Com-
mission; providing an effective date.

By Representative Myers-

HB 5-H-A bill to be entitled An act relating to emergency
and nonemergency medical services; reviving and readopting,
notwithstanding the Regulatory Sunset Act, the Florida Emer-
gency and Nonemergency Medical Services Act; amending s.
401.21, Florida Statutes, providing a short title; creating s.
401.211, Florida Statutes, providing legislative intent; amending
s. 401.23, Florida Statutes, providing definitions; creating s.
401.235, Florida Statutes; authorizing the appointment of an
advisory council; providing for membership, expenses, and
terms; amending s. 401.24, Florida Statutes, providing for a
comprehensive state plan; amending s. 401.25, Florida Statutes;
providing for basic life support ambulance service licenses and
nonemergency medical transportation service licenses; authoriz-
ing self-insurance; deleting provisions relating to temporary
licenses; creating s. 401.251, Florida Statutes; providing for
advanced life support service licenses; requiring a medical
director; creating s. 401.252, Florida Statutes, providing for
interhospital transfer; amending s. 401.26, Florida Statutes;
providing for basic life support ambulance service vehicle or
nonemergency vehicle permits; deleting provisions relating to
temporary permits; creating s. 401.265, Florida Statutes, pro-
viding for advanced life support service vehicle permits; amend-
ing s. 401.27, Florida Statutes; establishing personnel stan-
dards for permitted ambulances; providing for certification of
emergency medical technicians and paramedics; prohibiting an
uncertified person from holding himself out as an emergency
medical technician or paramedic; providing penalties; creating
s. 401.281, Florida Statutes, providing standards for ambulance
drivers; amending s. 401.30, Florida Statutes, providing for
maintenance of records; amending s. 401.31, Florida Statutes,
providing for inspections; amending s. 401.33, Florida Statutes,
providing exemptions; amending s. 401.34, Florida Statutes,
providing for establishment, collection, and disposition of fees;
amending s. 401.35, Florida Statutes, providing for adoption of
rules; amending s. 401.36, Florida Statutes, relieving specified
persons from certain liability; amending s. 401.38, Florida Stat-
utes, providing for participation in federal programs; amending
s. 401.41, Florida Statutes, specifying offenses and penalties;
creating s. 401.411, Florida Statutes, providing grounds for
disciplinary actions; creating s. 401.413, Florida Statutes, pro-
viding for administrative fines; amending s. 401.43, Florida
Statutes, providing penalties for fraudulently obtaining service;
amending s. 401.44, Florida Statutes, providing penalties for
turning in a false alarm; amending s. 401.45, Florida Statutes,
relieving specified persons required to render emergency serv-
ices from civil liability; amending ss. 496.21(3) and 934.03(2)
(g), Florida Statutes, correcting cross-references; providing for
review and repeal in accordance with the Sundown Act; saving
ss. 401.21 through 401.45, Florida Statutes, from sunset review
and repeal scheduled October 1, 1982; allowing to stand re-
pealed under the Regulatory Sunset Act ss. 401.46 and 401.47,
Florida Statutes, relating to advanced life support services and
paramedics; providing for review and repeal of part III of
chapter 401, Florida Statutes, on October 1, 1992; providing an
effective date.

By Representatives Lehtinen, Tygart, Melby, and Price-

HJR 7-H-A joint resolution proposing an amendment to Sec-
tion 12 of Article I of the State Constitution relating to
searches and seizures.

By Representative Patchett-

HB 8-H-A bill to be entitled An act relating to mobile home
and recreational vehicle dealers; amending s. 320.77(1) (a), Flor-
ida Statutes, as amended by chapter 82-66, Laws of Florida;
excluding real estate brokers, salesmen, and. broker-salesmen
from the definition of "dealer"; providing an effective date.

By Representative Moore-

HB 9-H-A bill to be entitled An act relating to criminal
penalties; amending s. 397.12, Florida Statutes, restricting the
use of drug abuse program referral as an alternative to certain
criminal penalties; providing an effective date.

June 22, 1982

JOURNAL OF THE HOUSE OF REPRESENTATIVES

40

JOURNAL OF THE HOUSE:

By Representative T. McPherson-
HB 11-H-A bill to be entitled An act relating to malt bev-
erages; repealing s. 563.06(6), Florida Statutes; deleting the
requirement for specific container sizes; providing an effective
date.

By Representative S. McPherson-
HB 12-H-A bill to be entitled An act relating to the local
government half-cent sales tax; amending s. 200.085(4), Florida
Statutes; requiring that, after complying with millage limita-
tions, Dade County use the excess proceeds of said tax for
the first year for criminal justice and law enforcement financial
assistance; deleting authority of municipalities within said
county to exceed such limitations; providing an effective date.

By Representative S. McPherson-
HB 13-H-A bill to be entitled An act relating to juveniles;
amending s. 228.093(3)(d), Florida Statutes, providing for the
release of personally identifiable records and reports to comply
with a judicial order; providing for notification of the order;
adding a new subsection (4) to s. 39.12, Florida Statutes, pro-
viding legislative intent; providing for the release of education
records and reports to the circuit court; providing for dis-
closed records to become part of the official court record; pro-
viding for the confidentiality of said records; adding a new
subsection (4) to s. 39.411, Florida Statutes, providing legis-
lative intent; providing for the release of educational records
to the circuit court; providing for disclosed records to become
part of the official record; providing for the confidentiality of
said records; providing an effective date.

By Representative Boles-
HCR 14-H-A resolution supporting the designation of July
9, 1982, by the United States Congress, as "National POW-
MIA Recognition Day".

By Representatives Pajcic, Sadowski, and Davis-
HB 15-H-A bill to be entitled An act relating to a "straw
ballot" referendum on the issue of a mutual freeze and reduc-
tion of nuclear weapons; proposing the question to the voters
of Florida at the 1982 General Election; providing an effec-
tive date.

By Representatives Drage and A. E. Johnson---
HB 16-H-A bill to be entitled An act relating to service of
process; amending s. 48.183, Florida Statutes, providing for cer-
tain service of process by the sheriff in an action for pos-
session of residential premises; requiring mailing of a copy
of a summons to the tenant in such action under certain cir-
cumstances; providing an effective date.

By Representatives L. J. Smith, Spaet, Moffitt, Lippman, and
A. E. Johnson-
HB 17-H-A bill to be entitled An act relating to firearm
ammunition; creating s. 790.31, Florida Statutes, prohibiting the
manufacture, possession, sale, or delivery of armor-piercing or
exploding ammunition; providing penalties; providing exemp-
tions; providing an effective date.

By Representatives Kiser and Lehman-
HJR 18-H-A joint resolution proposing the creation of Sec-
tion 21 of Article V of the State Constitution, relating to a
statewide prosecutor. :

By Representatives Kiser and Lehman.- .
HB 19-H-A bill to be entitled An act relating to a state-
wide prosecutor; creating s. 27.38, Florida Statutes, providing
for the appointment of a statewide prosecutor by the Attorney
General; providing duties; amending s. 905.36, Florida Statutes,
providing duties of the statewide prosecutor with-respect to
the statewide grand jury; repealing s. 27.37, Florida Statutes,

abolishing the Council on Organized Crime; providing an appro-
priation; providing a conditional effective date. -

E OF REPRESENTATIVES June 22, 1982

By Representative Boles-
HB 21-H-A bill to be entitled An act relating to pollution
control; creating part VIII of chapter 403, Florida Statutes;
providing legislative intent; providing -definitions; establishing
and authorizing the Department of Environmental Regulation
to administer the Florida Pollutant Discharge Elimination Sys-
tem permit program; providing procedures for issuance of per-
mits to discharge pollutants; providing for enforcement by the
Department of Environmental Regulation; authorizing the de-
partment to charge a permit fee; amending s. 403.031(11),
Florida Statutes; requiring the United States or its agencies
to obtain permits pursuant to chapter 403, Florida Statutes;
amending s. 403.087(6), Florida Statutes, and adding subsection
(10) to said'section; providing for issuance, modification, or
revocation of a permit; amending s. 403.091, Florida Statutes,
as amended; authorizing inspection of facilities and records;
establishing procedures for issuance of inspection warrants;
amending s. 403.412(2), Florida Statutes; providing for suits by
certain domestic nonprofit organizations; amending s. 403.511
(3), Florida Statutes; providing time periods for certifications;
adding s. 403.8055(7), Florida Statutes; requiring specific
reference to federal- regulations being adopted by the state;
providing penalties; amending s. 288.514(3), Florida Statutes,
and adding subsection (6) to said section; providing for effects
of certification; establishing time periods for certifications; add-
ing s. 20.261(4), Florida Statutes; providing restrictions on in-
come of persons who take final agency action on permits to
discharge; providing severability; providing an effective date
with conditions.

By Representatives Haben, L. J. Smith, Crawford, and Wood-
burn-
HB 22-H-A bill to be entitled An act relating to immunity
of witnesses; amending s. 914.04, Florida Statutes, to provide
for immunity from use of compelled testimony; providing for
prehearing order to testify; providing procedures for granting
immunity before courts of the state, grand jury and state at-
torney; providing an effective date.

By Representative Easley-
HB 23-H-A bill to be entitled An act relating to ad valorem
tax exemptions; amending s. 196.1975(2), Florida Statutes, as
amended, providing that certain facilities shall .qualify as a
"home for the aged" for the purposes of obtaining an exempt
status under the ad valorem tax law if at least 75 percent of
the occupants are over the age of 62 years or are disabled; pro-
viding an effective date.

By Representative Allen-
HB 25-H-A bill to be entitled An act relating to Monroe
County; amending section 9 of chapter 67-1724, Laws of Florida,
as amended by section 3 of chapter 69-1322, and section 2 of
chapter 72-617, Laws of Florida, and section 31-of chapter
67-1724, Laws of Florida, as amended by section 1 of chapter
77-602, Laws of Florida; authorizing the governing board of
the Lower Florida Keys Hospital District to issue notes- with
an interest rate of no more than the current prime rate, rather
than 8 percent; authorizing a cap of $3-million,;rather than
$1 million, on the total principal of moneys borrowed by -the
district; providing that the board may lease land for any
length of time for certain authorized purposes; providing an
effective date. :
Proof of publication of the required notice was attached.

By Representative Thompson-
HB 26-H--A bill to be entitled An act relating to saltwater
fisheries; amending s. 370.16(14), Florida Statutes, extending to
October 1 of each year the exemption applicable to three areas
in Franklin County to the provisions of law prohibiting the
harvesting of oysters at certain times during the year; provid-
ing an effective date.

By Representatives Easley, Dunbar, Kiser, J. H. Smith,
Hieber, D. L. Jones, and Melby-
RHB "27.-H--A bill :to be.-entitled An act relating to Pinellas
County; amending section 8 of chapter 70-907, Laws of Florida,
as -amended by chapter 82-368, Laws of Florida; providing that

JOURNAL OF THE HOUSI

the ad valorem tax levied by the Pinellas Suncoast Transit
Authority shall be levied on the taxable real property in the
transit area; providing for a referendum.

By Representative Lewis-
HB 30-H-A bill to be entitled An act relating to the Legis-
lature; creating a Joint Select Committee on Sex Discrimina-
tion in Florida Statutes; providing for membership, powers
and duties; providing for staff and expenses; providing for a
report to the Legislature; providing an effective date.

By Representatives L. J. Smith, Spaet, Reynolds, Moffitt, and
Lippman-
HB 33-H-A bill to be entitled An act relating to firearm am-
munition; creating s. 790.31, Florida Statutes, prohibiting the
manufacture, possession, sale, or delivery of armor-piercing or
exploding ammunition; providing penalties; providing exemp-
tions; providing an effective date.

By Representatives Spaetn,Kutun, and Friedman-
HCR 34-H-A concurrent resolution authorizing the expendi-
ture of funds by the Department of Health and Rehabilitative
Services to assist in the operation of the 1982 session of the
Silver-Haired Legislature.

By Representatives Dunbar, Easley, Rosen, and Webster-
HB 35-H-A bill to be entitled An act relating to con-
sultants' 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.

By Representatives Brodie, S. McPherson, J. Plummer, Gal-
lagher, Rosen, and Lehtinen-
HB 41-H-A bill to be entitled An act relating to the local
government half-cent sales tax; repealing s. 200.085(4), Florida
Statutes; removing the authority of Dade County and its
municipalities to exceed the village limitations imposed as a
condition of participating in the distribution of the proceeds of
said tax under certain conditions; providing an effective date.

By Representatives Cox, Lippman, Dyer, Lehman, O'Malley,
L. J. Smith, Bush, Bell, T. McPherson, Young, Gustafson, Wood-
burn, Wetherell, and Brown-
HB 42-H-A bill to be entitled An act relating to the ju-
diciary; providing for the election of the two new circuit judges
for the Seventeeneenth Judicial Circuit and for the two new county
court judges for Broward County; providing an effective date.

By Representatives C. F. Jones, Burnsed, Crawford, and
Ready-
HB 45-H-A bill to be entitled An act relating to the en-
forcement of the Polk County Animal Control Ordinance; pro-
viding for the issuance of citations requiring compliance with
the Animal Control Ordinance; allowing specific penalties for
the violation thereof.
Proof of publication of the required notice was attached.

By Representatives Gustafson, Lippman, L. J. Smith, Leh-
man, Dyer, Silver, O'Malley, Moffitt, Hodes, Kimmel, Moore,
L. R. Hawkins, Kutun, T. McPherson, Cox, Myers, Girardeau,
Ewing, Upchurch, Grant, Young, and Cosgrove-
HB 47-H-A bill to be entitled An act relating to insurance;
amending s. 627.351(4) (d) and (e), Florida Statutes, as amended

and transferring and amending s. 768.54, Florida Statutes, to
subsection (5) of s. 627.351, Florida Statutes, providing that
the medical malpractice joint underwriting association shall
include protection to members of the Florida Patient's Com-
pensation Fund with respect to deficit assessments; providing
for a Patient's Compensation Fund; providing definitions; pro-

June 22, 1982

By Representative Spaet-
HB 52-H-A bill to be entitled An act relating to criminal
penalties; creating s. 775.085, Florida Statutes; providing a

E OF REPRESENTATIVES 41

viding the purposes of the fund; providing for claims and lia-
bility; providing for the administration and operation of the
fund; providing fees and assessments; providing for auditing
and accounting; providing for claims procedures; providing for
fee surcharges; providing for participation by hospitals; repeal-
ing s. 627.351(4) (d)5., Florida Statutes, relating to medical
malpractice protection for members of the Florida Patient's
Compensation Fund effective July 1, 1983; creating a medical
malpractice advisory council to the Department of Insurance;
providing an appropriation; providing for review and repeal in
accordance with the Regulatory Sunset Act; providing an ef-
fective date.

By Representatives Mann, T. McPherson, and C. R. Smith-
HB 50-H--A bill to be entitled An act relating to eminent
domain; authorizing the Department of Natural Resources to
acquire certain parcels of land by eminent domain; amending
s. 253.023(8), Florida Statutes, as amended; providing that
the Conservation and Recreation Lands Trust Fund may be
used for all costs associated with condemnation; adding sub-
section (5) to s. 375.041, Florida Statutes; providing that the
Land Acquisition Trust Fund may be used for all costs asso-
ciated with condemnation; authorizing the South Florida Water
Management District to acquire certain parcels of land by
eminent domain; providing an effective date.

By the Committee on Regulatory Reform and Representatives
Sadowski and Gordon--
HB 51-H-A bill to be entitled An act relating to medical
services; amending s. 395.010, Florida Statutes, relating to the
licensure of hospitals and ambulatory surgical centers, to clarify
provisions relating to disciplinary proceedings and records and
the access of the public thereto; amending s. 401.21, Florida
Statutes, relating to the short title; creating s. 401.211, Florida
Statutes, providing legislative intent; amending s. 401.23, Flor-
ida Statutes, reorganizing and revising definitions; amending
s. 401.24, Florida Statutes, modifying provisions relative to
the development of an emergency and nonemergency medical
services state plan; amending s. 401.25, Florida Statutes, pro-
viding for licensure as a basic life support or an advanced life
support service; creating s. 401.252, Florida Statutes, providing
for interhospital transfer; creating s. 401.255, Florida Statutes,
providing for licensure as a nonemergency medical transporta-
tion service; amending s. 401.26, Florida Statutes, providing
for permitting of vehicles used by basic and advanced life
support services and nonemergency medical transportation serv-
ices; amending s. 401.27, Florida Statutes, providing for cer-
tification of personnel and providing educational and training
criteria and other standards with respect thereto; creating s.
401.281, Florida Statutes, providing personnel standards for
ambulance drivers; amending s. 401.30, Florida Statutes, modify-
ing recordkeeping requirements; amending s. 401.31, Florida
Statutes, modifying provisions relative to periodic inspections
of licensees made by the Department of Health and Rehabilita-
tive Services; amending s. 401.33, Florida Statutes, adding
exemptions; amending s. 401.34, Florida Statutes, modifying
fee provisions; amending s. 401.35, Florida Statutes, requiring
the adoption of certain rules; amending s. 401.38, Florida Stat-
utes, relating to participation in federal programs; amending
s. 401.41, Florida Statutes, modifying and expanding penalty
provisions; creating s. 401.411, Florida Statutes, specifying
grounds for disciplinary action and authorizing the taking of
specified actions; creating s. 401.413, Florida Statutes, provid-
ing for administrative fines which may be levied for violation
of the act; amending s. 401.43, Florida Statutes, modifying
penalty provisions for fraudulently obtaining services; amend-
ing s. 401.44, Florida Statutes, modifying penalty provisions
for turning in a false alarm; requiring the Auditor General to
make a study of allied health professionals regulated by the
Department of Health and Rehabilitative Services; providing
for certain recommendations to be made with respect thereto;
providing for submission of same to the Legislature by January
7, 1983; saving specified sections of part III of chapter 401,
Florida Statutes, from sunset repeal scheduled October 1, 1982;
providing for review and repeal of part III of chapter 401,
Florida Statutes, relating to emergency and nonemergency
medical transportation services, on October 1, 1983; providing
an effective date.

JOURNAL. OF THE HOUSI

minimum mandatory sentence for persons who commit certain
crimes against an elderly or handicapped person; providing an
effective date.

By Representative T. McPherson-
HB 53-H-A bill to be entitled An act relating to public offi-
cers and employees; amending s. 112.061(5) (b), (6) and (7) (d),
Florida Statutes, revising travel times on which meal allow-
ances are based and reimbursement rates for certain travel
within the state; revising per diem, meal, and mileage allow-
ances; amending s. 14.071(4), Florida Statutes; revising travel
allowances; providing an effective date.

By Representative Silver-.
HB 54-H-A bill to be entitled An act relating to juveniles;
amending ,ss. 39.02(5)(c), 39.03(2), (3), 39.031, 39.032(5) and
(6)(b), 39.04(2)(e), 39.05(6), 39.09(2)(c), 39.12(2)-(4), 39.33,
39.331, 39.332, 39.333, 39.334, 39.335, 39.336, 39.337, 316.635(3),
320.57, 322.39, 790.23, 812.014, Florida Statutes; amending s.
39.11(1), (3), Florida Statutes, and adding subsection (9) to
said section; amending s. 316.655(4), Florida Statutes, and add-
ing subsection (5) to said section; creating s. 39.011, Florida
Statutes; providing for jurisdiction in certain circumstances;
providing for fingerprinting and photographing; authorizing re-
tention of records of a child not found to have committed a
delinquent act; allowing commingling of juvenile and adult
records; providing for placement in shelter care; providing for
release to the custody of an intake officer; providing circum-
stances for detention; providing time periods for filing infor-
matinon or returning indictment; providing time period for filing
delinquency petition; providing for transfer for prosecution as
an adult; providing that a child may be committed to the
department for a time that may exceed the maximum term an
adult may serve for the same offense; providing for restitution;
providing for expunction or sealing of records; providing of records; providing that
certain records are confidential; authorizing release of certain
records; requiring establishment of mediationand nd arbitration
program's; providing purpose; providing definitions; providing
for selection of mediators and arbitrators; providing procedures
for initiation of mediation or arbitration; providing for hear-
ings; providing for disposition of cases; providing for review;
providing for funding; requiring use of uniform traffic citation;
providing penalties and sanctions for traffic offenses; prohibit-
ing possession of specified weapons by juvenile offenders; pro-
viding penalties for theft by juveniles; providing a uniform
definition of recidivist; providing an effective date.

By Representative Watt-
HB 55-H--A bill to be entitled An act relating to criminal
insanity; creating s. 916.10, Florida Statutes, abolishing a de-
fendant's mental condition as a criminal defense; authorizing
treatment of convicted persons requiring mental treatment but
requiring completion of sentence; authorizing reception of evi-
dence at trial with respect to mental elements of an offense;
amending ss. 916.11(1), 916.17(1), and 916.19(1)(c), Florida
Statutes, conforming provisionforming provisions relating to appointment of ex-
perts, conditional releases, and forensic units; creating ss. 921.26
and 921.27, Florida Statutes, providing for mental condition
considerations at sentencing; amending s. 394.457(6) (b), Florida
Statutes, as amended, s. 394.461(4) (a), Florida Statutes, and
s. 394.467(1), Florida Statutes, as amended, to conform to the
act; repealing ss. 916.15 and 921.09, Florida Statutes, relating
to the defense of insanity, to conform to the act; providing an
effective date.

E OF REPRESENTATIVES June 22, 1982

By Representative Kutun-
HB 56-H-A bill to be entitled An act relating to arrests;
adding s. 901.15(7), Florida Statutes; authorizing the arrest by
a peace officer without a warrant of a person who exposes
his sexual organs in any public place or on the private premises
of another in violation of s. 800.03, Florida Statutes; providing
an effective date.

By Representatives Kiser and Lehman-
HJR 60-H-A joint resolution proposing the creation of Sec-
tion 21 of Article V of the State Constitution, relating to a
statewide prosecutor.

By Representatives Mann, T. McPherson, C. R. Smith, Brown,
and Dyer-
HB 62-H-A bill to be entitled An act relating to eminent
domain; authorizing the Department of Natural Resources to
acquire certain parcels of land by eminent domain; amending s.
253.023(8), Florida Statutes, as amended; providing that the
Conservation and Recreation Lands Trust Fund may be used
for all costs associated with condemnation; adding subsection
(5) to s. 375.041, Florida Statutes; providing that the Land
Acquisition Trust Fund may be used for all costs associated
with condemnation; authorizing the South Florida Water Man-
agement District to acquire certain parcels of land by emi-
nent domain; providing an effective date.

By Representative Boles-
HM 64-H-A memorial to the Congress of the United States,
urging Congress to enact legislation to restore certain widow
and orphan benefits.

By Representative Bell-
iB 67-H--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; provid-
ing an appropriation; providing an effective date.

By Representative Martin-
HB 68-H-A bill to be entitled An act relating to district
school systems; creating s. 228.0711, Florida Statutes; creating
the Community Education Summer Training and Service Pro-
gram; providing requirements for providing stipends for unem-
ployed youths who participate in public service on-the-job train-
ing; providing procedures for administering the program
through district school boards and community school centers;
providing for entitlements; providing an appropriation; provid-
ing an effective date.

Adjournment
On motion by Rep. Bell, the House adjourned at 3:21 p.m.
sine die.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

CHAMBER ACTION ON BILLS
JUNE 22, 1982

2-H
28-H
37-H
38-H
39-H
40-H
44-H
46-H
48-H
49-H
57-H
63-H
65-H
66-H

Passed as amended 102-1
Introduction allowed; passed 100-0
Passed as amended 75-29; concurred in Sen-
ate amendment; passed as amended 108-5
Concurred in Senate amendment; passed as
amended 99-14
Reconsidered, amended; passed as amended
91-9
Introduction refused 47-49
Passed as amended 104-0; concurred in Sen-
ate amendment; passed as amended 106-3
Introduction allowed; adopted
Passed as amended 92-2
Introduction allowed; passed 93-3
Introduction allowed; passed as amended
103-0
Introduction allowed; passed 92-2
Introduction allowed; read second time; re-
ferred to Appropriations
Introduction allowed; adopted

Enrolling Reports
HB 28-H, HB 29-H, HB 36-H, HB 63-H have been enrolled,
signed by the required Constitutional Officers and presented to
the Governor on June 23, 1982.
Allen Morris, Clerk

HB 2-H, HB 38-H, HB 39-H, HB 44-H, HB 57-H, HB 10-H,
HB 20-H, HB 37-H have been enrolled, signed by the required

HB 69-H
SB 4-H
SB 6-H
SCR 11-H
SCR 12-H
SB 19-H
SB 22-H
SB 23-H
SCR 24-H
SB 25-H
SB 26-H
SB 32-H
SB 34-H
SB 36-H
SB 37-H

Introduction allowed; passed 84-16
Passed 84-1
Introduction allowed; passed 107-0
Introduction allowed; adopted 107-0
Introduction refused; motion to reconsider
withdrawn
Concurred in Senate amendments; passed as
amended 100-2
Introduction allowed; passed 107-0
Introduction allowed; passed 106-1
Introduction allowed; adopted 89-8
Introduction allowed; passed 100-0
Introduction allowed; passed 103-3
Introduction allowed; passed as amended
103-1
Introduction allowed; passed 89-9
Introduction allowed; passed 101-5
Introduction allowed; passed 102-0

[Source: Legislative Information Division]

Constitutional Officers and presented to the Governor on June
24, 1982.
Allen Morris, Clerk

HJR 31-H, HCR 32-H, HJR 43-H have been enrolled, signed
by the required Constitutional Officers and filed with the
Secretary of State on June 24, 1982.
Allen Morris, Clerk

CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1
through 43, inclusive, are and constitute a complete, true and
correct journal and record of the proceedings of the House of
Representatives of the State of Florida at a Special Session of
the Seventh Legislature under the Constitution of 1968, held
from June 21 through June 22, 1982. Additionally, there has
been included a record of the transmittal of Acts subsequent
to the sine die adjournment of the Special Session.

Clerk of the House
Tallahassee, Florida
June 24, 1982

HB
HB
HB
HB
HB
HB
HB
HR
HB
HB
HB
HB
HB
HR

---------- -- c----- ___ pr sa L- I rrr q I I_ II I 1 41 1 ii Ilr

June 22, 1982

INDEX

to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Special Session

of the

SEVENTH LEGISLATURE
under the Constitution of 1968

June 21 through June 22, 1982

CONTENTS

Pages
Members of the House with Bills Sponsored --------- 45
Bills Sponsored by Committees 47
Subject Index of House and Senate Bills, Resolutions, and Memorials 48
House Bills, Resolutions, and Memorials by Number, Subject, Sponsor, and Disposition 52
Senate Bills and Resolutions (received in House) by Number, Subject, Sponsor, and Disposition ------- 53

44

INDEXJOURNAL OF THE HOUSE OF REPRESENTATIVES45

Members -of the House with Bills Sponsored

[Source: Information Division, Joint Legislative Management Committee]

ALLEN, JOSEPH B., JR.-120th District
Sponsored: 4-H, 25-H
Co-sponsored: 31-H
BANKHEAD, WILLIAM G.--,24th District
BATCHELOR, DICK J.-43rd District
Co-sponsored: 1-H
BELL, SAMUEL P., III-30th District
Sponsored: 1-H, 67-H
Co-sponsored: 42-H
BOLES, KENNETH E.-5th District
Sponsored: 14-H, 21-H, 64-H
Co-sponsored: 31-H
BRANTLEY, BOBBY-34th District
Co-sponsored: 2-H, 40-H
BRODIE, JAMES K.-115th District
Sponsored: 41-H
Co-sponsored: 31-H, 32-H, 40-H
BROWN, TOM C.-29th District
Sponsored: 62-H
Co-sponsored: 1-H, 2-H, 42-H.
BURNSED, BEVERLY B.-50th District
Sponsored: 45-H
Co-sponsored: 2-H, 31-H
BURRALL, FREDERIC H.-75th District
Sponsored: 28-H
Co-sponsored: 2-H
BUSH, THOMAS J.-84th District
Co-sponsored: 42-H
CARLTON, FRAN-41st District
Sponsored: 66-H
CARPENTER, CARL, JR.-62nd District
Co-sponsored: 2-H, 32-H
CASAS, ROBERTO-107th District
Sponsored: 69-H
Co-sponsored: 2-H
CLEMENTS, S. L., JR.-63rd District
Co-sponsored: 2-H
COSGROVE, JOHN F.-109th District
Sponsored: 32-H
Co-sponsored: 1-H, 31-H, 46-H, 47-H
COX, LINDA C.-86th District
Sponsored: 42-H
Co-sponsored: 1-H, 40-H, 47-H
CRADY, GEORGE A.-15th District
Sponsored: 65-H
Co-sponsored: 2-H
CRAWFORD, ROBERT B.-49th District
Sponsored: 20-H, 22-H, 45-H
Co-sponsored: 2-H
CROTTY, RICHARD-40th District
Sponsored: 24-H
Co-sponsored: 31-H, 40-H
DANSON, THOMAS E., JR.-73rd District
DAVIS, HELEN GORDON-70th District
Sponsored: 2-H
Co-sponsored: 1-H, 15-H
DERATANY, TIMOTHY D.-47th District
Co-sponsored: 1-H
DRAGE, THOMAS B., JR.-42nd District
Sponsored: 16-H
Co-sponsored: 31-H

DUNBAR, PETER M.-53rd District
Sponsored: 35-H, 40-H
Co-sponsored: 27-H
DYER, HAROLD J.-93rd District
Sponsored: 29-H, 42-H, 47-H, 62-H
Co-sponsored: 1-H, 31-H
EASLEY, BETTY-56th District
Sponsored: 23-H, 27-H, 40-H
Co-sponsored: 1-H, 31-H, 35-H
EVANS-JONES, MARILYN-46th District
Sponsored: 1-H
Co-sponsored: 31-H, 40-H
EWING, TED-74th District
Co-sponsored: 47-H
FOSTER, JAMES S.-65th District
Co-sponsored: 2-H, 31-H
FOX, ROBERTA-110th District
Sponsored: 1-H, 46-H
Co-sponsored: 32-H
FRIEDMAN, MICHAEL--102nd District
Co-sponsored: 1-H, 32-H, 34-H, 46-H
GALLAGHER, C. THOMAS, III-111th District
Sponsored: 10-H, 69-H
Co-sponsored: 32-H, 40-H, 41-H
GARDNER, WINSTON W., JR.-45th District
Co-sponsored: 2-H
GIRARDEAU, ARNETT E.-16th District
Co-sponsored: 1-H, 47-H
GORDON, ELAINE-98th District
Sponsored: 1-H
Co-sponsored: 32-H, 51-H
GRANT, JOHN A., JR.-64th District
Co-sponsored: 47-H
GUSTAFSON, TOM-88th District
Sponsored: 47-H, 49-H, 61-H
Co-sponsored: 1-H, 31-H, 42-H
HABEN, RALPH H., JR.-71st District (Speaker)
Sponsored: 20-H, 22-H
HAGLER, CLYDE H.-3rd District
Co-sponsored: 2-H
HALL, CHARLES A.-118th District
Co-sponsored: 1-H, 32-H, 46-H
HALL, LEONARD J.-9th District
Co-sponsored: 2-H
HATTAWAY, BOB-33rd District
Co-sponsored: 1-H, 2-H
HAWKINS, LAWRENCE R.-119th District
Co-sponsored: 1-H, 32-H, 46-H, 47-H
HAWKINS, MARY ELLEN-89th District
Co-sponsored: 1-H, 31-H
HAZOURI, THOMAS L.-21st District
Sponsored: 1-H
Co-sponsored: 31-H
HIEBER, GEORGE F., II---58th District
Co-sponsored: 27-H, 40-H
HODES, RICHARD S.-68th District
Co-sponsored: 1-H, 31-H, 47-H
HODGES, GENE-14th District
HODGES, WILLIAM RAY--104th District
Co-sponsored: 31-H, 32-H, 46-H

INDEXJOURNAL OF THE HOUSE OF REPRESENTATIVES46

HOLLINGSWORTH, WAYNE-13th District
Co-sponsored: 2-H, 20-H, 32-H
JOHNSON, ANDREW E.-19th District
Co-sponsored: 1-H, 2-H, 3-H, 16-H, 17-H, 20-H, 31-H, 40-H
JOHNSON, BOLLEY L.-4th District
Co-sponsored: 2-H, 31-H
JOHNSON, RONALD CLYDE-8th District
Co-sponsored: 2-H
JONES, C. FRED-52nd District
Sponsored: 45-H
JONES, DENNIS L.-57th District
Co-sponsored: 27-H, 31-H, 40-H
KELLY, EVERETT A.-35th District
Co-sponsored: 2-H, 31-H, 40-H
KERSHAW, JOE LANG-105th District
Sponsored: 46-H
Co-sponsored: 32-H
KIMMEL, BERNARD-82nd District
Co-sponsored: 1-H, 2-H, 31-H, 40-H, 47-H
KISER, S. CURTIS-54th District
Sponsored: 18-H, 19-H, 60-H
Co-sponsored: 2-H, 20-H, 27-H, 40-H
KUTUN, BARRY-99th District
Sponsored: 29-H, 32-H, 34-H, 56-H
Co-sponsored: 1-H, 46-H, 47-H
LEHMAN, DAVID J.-97th District
Sponsored: 18-H, 19-H, 20-H, 47-H, 60-H
Co-sponsored: 1-H, 3-H, 42-H
LEHTINEN, DEXTER W.-116th District
Sponsored: 7-H, 31-H, 43-H
Co-sponsored: 1-H, 32-H, 41-H, 46-H
LEWIS, JOHN W., III-18th District
Sponsored: 30-H
Co-sponsored: 31-H
LIBERTI, RAY-78th District
Co-sponsored: 1-H
LIPPMAN, FREDERICK-94th District
Sponsored: 1-H, 42-H, 47-H
Co-sponsored: 17-H, 31-H, 33-H
MANN, FRANKLIN B.-90th District
Sponsored: 50-H, 62-H
Co-sponsored: 1-H
MARTIN, SIDNEY-26th District
Sponsored: 68-H
Co-sponsored: 1-H, 32-H
MARTINEZ, ELVIN L.-67th District
Co-sponsored: 1-H, 2-H, 32-H
McEWAN, BRUCE-38th District
Co-sponsored: 31-H
McPHERSON, SCOTT W.-117th District
Sponsored: 12-H, 13-H
Co-sponsored: 32-H, 40-H, 41-H
McPHERSON, TOM-92nd District
Sponsored: 11-H, 50-H, 53-H, 62-H
Co-sponsored: 1-H, 42-H, 47-H
MEEK, CARRIE P.-106th District
Sponsored: 1-H
Co-sponsored: 32-H, 46-H
MEFFERT, CHRISTIAN-32nd District
Co-sponsored: 2-H
MELBY, ROBERT E.-59th District
Co-sponsored: 7-H, 27-H, 40-H

MESSERSMITI, FRANK S.-83rd District
Co-sponsored: 1-H, 31-H, 40-H

MILLS, JON L.-27th District
Sponsored: 36-H, 37-H, 39-H, 59-H
Co-sponsored: 1-H, 2-H
MITCHELL, SAM-7th District
Co-sponsored: 2-H
MOFFITT, H. LEE-66th District
Sponsored: 29-H
Co-sponsored: 1-H, 17-H, 33-H, 47-H
MOORE, REID, JR.-81st District
Sponsored: 9-H
Co-sponsored: 2-H, 47-H
MORGAN, HERBERT F.-12th District
MYERS, WILLIAM G.-77th District
Sponsored: 5-H
Co-sponsored: 40-H, 47-H
NERGARD, CHARLES L.-76th District
Co-sponsored: 40-H
NUCKOLLS, HUGH PAUL-91st District
Co-sponsored: 31-H, 40-H, 48-H
OGDEN, CARL-20th District
Co-sponsored: 1-H
O'MALLEY, TERENCE T.-85th District
Co-sponsored: 1-H, 42-H, 47-H
PAJCIC, STEVE-22nd District
Sponsored: 15-H, 57-H
Co-sponsored: 1-H
PATCHETT, R. DALE-48th District
Sponsored: 8-H
Co-sponsored: 2-H, 40-H
PATTERSON, THOMAS R.-2nd District
PLUMMER, JOHN-114th District
Co-sponsored: 32-H, 41-H
PLUMMER, LAWRENCE H.-112th District
Co-sponsored: 1-H, 32-H, 46-H
PRICE, DON C.-llth District
Sponsored: 6-H
Co-sponsored: 7-H
READY, GENE-51st District
Sponsored: 45-H
Co-sponsored: 2-H
REYNOLDS, ROBERT R.-108th District
Sponsored: 33-H
Co-sponsored: 1-H, 2-H, 31-H, 32-H
RICHMOND, RONALD R.-37th District
Sponsored: 63-H
Co-sponsored: 40-H
ROBINSON, GROVER C., III-1st District
ROSEN, VIRGINIA L.-100th District
Sponsored: 1-H
Co-sponsored: 32-H, 35-H, 41-H, 46-H
SADOWSKI, WILLIAM E.-113th District
Sponsored: 15-H
Co-sponsored: 1-H, 32-H, 46-H, 51-H
SAMPLE, DOROTHY EATON-61st District
Sponsored: 40-H
Co-sponsored: 31-H
SHACKELFORD, LAWRENCE F.-72nd District
Co-sponsored: 2-H, 31-H
SHELDON, GEORGE H.-69th District
Sponsored: 1-H, 43-H, 44-H
SILVER, RONALD A.-103rd District
Sponsored: 32-H, 47-H, 54-H
Co-sponsored: 1-H, 2-H, 31-H, 46-H

SMITH, CHARLES R.-36th District
Sponsored: 50-H, 62-H
Co-sponsored: 2-H, 31-H

INDEXJOURNAL OF THE HOUSE OF REPRESENTATIVES47

SMITH, JAMES HARRISON, JR.-55th District
Co-sponsored: 27-H, 40-H
SMITH, LAWRENCE J.-96th District
Sponsored: 1-H, 17-H, 20-H, 22-H, 33-H, 43-H, 44-H, 47-H
Co-sponsored: 2-H, 31-H, 32-H, 42-H
SPAET, HAROLD W.-101st District
Sponsored: 17-H, 32-H, 33-H, 34-H, 52-H
Co-sponsored: 1-H, 46-H
STEELE, JASON-44th District
Co-sponsored: 2-H, 40-H
THOMAS, JOHN-17th District
Sponsored: 1-H
THOMPSON, JAMES HAROLD-10th District
Sponsored: 26-H
Co-sponsored: 2-H
TYGART, FREDERICK B.-23rd District
Co-sponsored: 7-H
UPCHURCH, HAMILTON D.-28th District
Co-sponsored: 47-H

WARD, JAMES G.-6th District
Sponsored: 36-H, 37-H, 39-H, 58-H, 59-H
WATT, JAMES L.-80th District
Sponsored: 32-H, 55-H
Co-sponsored: 2-H, 31-H, 40-H
WEBSTER, DANIEL-39th District
Co-sponsored: 35-H
WEINSTOCK, ELEANOR-79th District
Co-sponsored: 1-H
WETHERELL, T. K.-31st District
Co-sponsored: 1-H, 2-H, 42-H
WILLIAMS, FRANK-25th District
Co-sponsored: 2-H, 31-H
WOODBURN, ROBERT M.-87th District
Sponsored: 3-H, 20-H, 22-H
Co-sponsored: 1-H, 2-H, 42-H
WOODRUFF, T. M.-60th District
YOUNG, WALTER C.-95th District
Co-sponsored: 1-H, 31-H, 42-H, 47-H

Bills Sponsored by Committees

[Source: Information Division, Joint Legislative Management Committee]

APPROPRIATIONS
Committee Bill: 38-H

REGULATORY REFORM
Committee Bill: 51-H

TRANSPORTATION
Committee Bill: 48-H

INDEXJOURNAL OF THE-HOUSE OF REPRESENTATIVES48

Subject Index of House and Senate

Bills, Resolutions, and Memorials
[Source: Information Division, Joint Legislative Management Committee]

This index embraces all measures introduced in both the House and Senate. The house of origin is identi-
fied by the letter preceding each bill: H-House, S-Senate. Senate bills shown in this index include those never
received by the House, and their inclusion here is only for the convenience of the user interested in all the legis-
lation introduced in the Legislature on a particular subject.
(Boldfaced bill numbers passed both houses.)

-A- .
ADMINISTRATIVE PROCEDURES
Transportation certificate of qualification disputes; stays and
injunctions; exemption, S2-H, H48-H
AGED PERSONS
Crimes against; minimum mandatory sentence, H52-H
Silver-Haired Legislature, S12-H, H34-H
ALCOHOLIC BEVERAGES
Containers, specific size provision deleted, Hii-H
ANIMALS
Animal control ordinance; enforcement, penalties (Polk),
S25-H, H45-H
APPOINTMENTS
Governor; council for hearing impaired, H67-H
APPROPRIATIONS
Commerce Department, H38-H
Community Education Summer Training and Service Program,
H68-H
Contractors Debarment and Suspension Act, S13-H
Council for Hearing Impaired, H67-H
Counties, over 9% inmate population; emergency distribution,
H65-H
Medical malpractice insurance, S30-H, H47-H, H61-H
Monroe County; sheriff's budget increase, debt repayment,
S15-H, H4-H
Parole & Probation Commission; Corrections Department,
H38-H
Pollutant discharge elimination system permit program; DER,
S35-H
Prosecutor, statewide, H19-H
ARRESTS
Indecent exposure; probable cause without warrant, H56-H
Minors; traffic law violation; uniform traffic citation issued,
H54-H
ATTORNEY GENERAL
Prosecutor, statewide; drug, public trust cases; use, H18-H,
H19-H, H60-H
AUDITOR GENERAL
Federal land purchases audit, S7-H, H36-H
Performance audit, health professions, HRS, S19-H
-B-
BAIL
Criminal defendants; pretrial release and detention; con-
sideration factors, H43-H, H44-H
Murder, kidnapping, sexual battery, arson, controlled sub-
stances; bail prohibited, H2-H
BIDS, COMPETITIVE
Transportation contract crime; certificate of qualification
denial, revocation or suspension, S2-H, H48-H
BROWARD COUNTY
Judges, county court; election, S17-H, H42-H
--C--

CAREER SERVICE SYSTEM
Travel, per diem, meal, mileage allowances; revised, H53-H
CHARLOTTE COUNTY
Englewood Area Fire Control District; staggered terms,
commissioners election, H28-H

CLAY COUNTY
Land transfer from Putnam County, S38-H
COMMENDATIONS
Casale, Fred R.; Florida Law Enforcement Officer of Year,
H6-H
Hadley, Charles Rudolph; service to citizens of state, H46-H
Oak Ridge High School girls and boys track teams; state
champions, H24-H
Scott, Colonel Charles; U.S. Army career, S9-H
University of Miami baseball team; national collegiate cham-
pions, S27-H, H32-H
COMMERCE, DEPARTMENT OF
Depressed areas; promotion of business opportunities, H38-H
CONCURRENT RESOLUTIONS
Equal rights, men and women, Si-H, Hl-H
Hunting licenses; urges fee reduction for Alabama out-of-
state, S24-H
National POW-MIA recognition day, S11-H, H14-H
Silver-Haired Legislature, S12-H, H34-H
CONSTITUTIONAL AMENDMENTS
Bail; criminal defendants, H43-H
Prosecutor, statewide; Attorney General appointment, H18-H,
H60-H
Searches and seizures; conformance with U.S. Constitution,
4th amendment, S20-H, H7-H, H31-H
CONSULTANTS COMPETITIVE NEGOTIATIONS
Professional services, scope of work unclear; selection pro-
cedures, H35-H
CONTAINERS
Specific size provision deleted, Hll-H
CONTRACTS AND CONTRACTORS
State agencies; bid procedures, S13-H
CORPORATE INCOME TAX
Reporting and paying; time period provided, H57-H
Self-Insurers Guaranty Association, Inc.; liability; fee assess-
ment; tax credits, certain assessments and moneys, H10-H
CORRECTIONAL INSTITUTIONS
Surplus Federal lands; use for adult correctional institutions,
S7-H, H36-H
"CORRECTIONS- DEPARTMENT OF
Local offender advisory council act created, H39-H
Overcrowding Task Force created, H37-H
Prison work program products; purchasing and use, S28-H
Supplemental appropriations; payment of salaries, capital
outlay, H38-H
COURTS
Criminal defendants; pretrial release determination, H43-H,
H44-H
Judges
Circuit; election for 17th Judicial Circuit (Broward), H42-H
County Circuit Court; election (Broward, Volusia, St. Johns),
S17-H
Searches and seizures; conformance with U.S. Constitution,
4th amendment, S20-H, H7-H, H31-H
CRIMES AND PENALTIES
Aged or handicapped; crimes against, H52-H
Drug abuse program referral; certain use restricted, H9-H
CRIMINAL INSANITY
Abolished as criminal defense, H55-H

INDEXJOURNAL OF THE HOUSE OF REPRESENTATIVES49

CRIMINAL PROCEDURE
Rules 3.130(A) and 3.691(A) repealed, conflicting bail pro-
visions, H2-H
Searches and seizures; information admissible certain cir-
cumstances, S20-H, H7-H, H31-H
-D-
DADE COUNTY
Local government half-cent sales tax; removes authority to
exceed limitations, H41-H
Millage limitation exceptions, inapplicability; use for crime
control, prevention, H12-H
DISABLED PERSONS
Crimes against; minimum mandatory sentence, H52-H
Homes for the aged; ad valorem tax exemption, H57-H
DISCRIMINATION
Equal rights for men and women, Si-H, Hl-H
Joint Select Committee on Sex Discrimination created, H30-H
DISSOLUTION OF MARRIAGE
Family mediation or conciliation services; charter counties
exempted from imposed service charge limitation, H49-H
DRIVING UNDER INFLUENCE
Blood test, refusal rights removed; license revocation, viola-
tions; penalty increased, S26-H
DRUGS AND DRUG ABUSE
Program referral; certain use restricted, criminal penalties,
H9-H
-E--
ECONOMIC REVITALIZATION
Depressed areas; promotion of business opportunities, H38-H
EDUCATION
Community Education Summer Training and Service Act,
H68-H
Students; school records; court-ordered inspection, H13-H
EDUCATION, DEPARTMENT OF
Council for Hearing Impaired created, H67-H
ELECTIONS
Campaign funds, surplus; given to political party, S34-H
EMERGENCY MEDICAL SERVICES
Basic life support ambulance service licenses, permits; inter-
hospital transfer, S19-H, H5-H, H51-H
EMINENT DOMAIN
Environmentally endangered lands; use by DNR, S33-H,
H50-H, H62-H
ENVIRONMENTAL REGULATION, DEPARTMENT OF
Industrial siting; length of time permits are valid; inspection,
S35-H, H21-H
Pollution control; permits; inspections, S21-H
EQUAL RIGHTS
Men and women, S1-H, Hl-H
EVIDENCE
Criminal insanity; reception authorized, H55-H
Good faith searches and seizures; court admission, S20-H,
H7-H, H31-H
EXCLUSIONARY RULE
Searches and seizures; information admissible certain circum-
stances, S20-H, H7-H, H31-H
-F-
FRANKLIN COUNTY
Oysters; harvesting season extended, S23-H, H26-H

GOVERNOR
Appointment; Parole & Probation Commission, S5-H, H58-H
Reports
Corrections Overcrowding Task Force recommendations,
H37-H

Council for Hearing Impaired, H67-H

-H-
HEALTH & REHABILITATIVE SERVICES, DEPARTMENT
OF
Basic life support systems; esophageal intubation; perform-
ers, S19-H, H5-H, H51-H
Silver-Haired Legislature; HRS funding, S12-H, H34-H
HEARING IMPAIRED
Council created; membership, organization, H67-H
HIGHWAY SAFETY & MOTOR VEHICLES, DEPARTMENT
OF
Safety equipment inspection, H40-H
HOMESTEAD EXEMPTION
Homes for the aged; 75% totally and permanently disabled,
S15-H, H23-H, H57-H
HOSPITALS
Shands Teaching Hospital; authorized use of state communi-
cation system, S21-H
-I-
INDECENT EXPOSURE
Arrest without warrant for probable cause, H56-H
INSURANCE, DEPARTMENT OF
Medical malpractice; Patient's Compensation Fund; members
protection, S30-H, H47-H, H61-H
-J--
JUDGES AND JUSTICES
County Circuit Court
Election (Broward), H42-H
Election (Broward, Volusia, St. Johns), S17-H
JUDICIAL CIRCUITS
Sentencing alternatives; pilot project, 1st and 8th circuits,
H39-H
--L--

LANDLORD AND TENANT
Process service; complaint mailed, H16-H
LAND SALE PRACTICES
Subdivision registrations; fees specified, H63-H
LANDS, FEDERAL
Surplus lands; use for adult correctional institutions, S7-H,
H36-H
LAW ENFORCEMENT OFFICERS
Complaints, filed; processing; public records law exemption,
S4-H
LEGAL AFFAIRS, DEPARTMENT OF
Overcrowding Task Force; staff support, H37-H
LEGISLATURE
Joint Select Committee on Sex Discrimination created, H30-H
Reports
Auditor General; HRS health professions, S19-H
Governor; Corrections Overcrowding Task Force recom-
mendations, H37-H
Silver-Haired Legislature; HRS funding, S12-H, H34-H
LOCAL GOVERNMENT
See also: COUNTIES
Half-cent sales tax
Proceeds appropriated, H57-H
Supplemental distribution, for inmate population, H65-H
Use crime control, prevention (Dade), H12-H
-M- ;
MEDICAL MALPRACTICE
Patient's Compensation Fund; members protection, S30-H,
H47-H, H61-H
MEMORIALS
Widows and orphans; urges restoration of certain benefits,
H64-H
MENTAL HEALTH
Criminal insanity; abolished as criminal defense, H55-H

INDEXJOURNAL OF THE HOUSE OF REPRESENTATIVES50

MINORS
Juvenile offenders; detention, prosecution as adult, mediation
and arbitration programs, H54-H
Student records, court-ordered inspection, H13-H
MOBILE HOMES
Dealers; real estate brokers, salesmen, broker-salesmen ex-
cluded, H8-H
MONROE COUNTY
Keys Hospital District; notes, interest rates; money cap,
S14-H, H25-H
Sheriff's budget increase, debt repayment, S15-H, H4-H
MOTOR VEHICLES
Safety equipment inspection required, H40-H
-N-
NATURAL RESOURCES, DEPARTMENT OF
Eminent domain, certain property, S33-H, H50-H, H62-H
NONPROFIT CORPORATIONS
Prison work program products; purchasing and use, S28-H
NUCLEAR WEAPONS
Freeze and reduction; straw ballot referendum, H15-H
NURSES AND NURSING
Foreign registered nurses; licensure by endorsement, S29-H,
H69-H
-0-
ORGANIZED CRIME
Council abolished, H19-H
ORLANDO, CITY OF
Orlando Utilities Commission; money borrowing power, S16-H
-P-_
PALM BEACH COUNTY
Florida Atlantic University; land transfer to United Way,
S37-H
PAROLE AND PROBATION
Commission
Appointment procedure; membership increased; legislative
review, S5-H
Membership increased, H59-H
Supplemental appropriations; payment of salaries, capital
outlay, H38-H
Workload assignment; consenting retired commissioners,
S5-H, H58-H
Parole examiner; youthful offenders, S6-H
PATIENT'S COMPENSATION FUND
Liability; limited, S30-H, H47-H, H61-H
PINELLAS COUNTY
Suncoast Transit Authority; special district authorized to
levy ad valorem tax, S18-H, H27-H
POLICE RECORDS See: LAW ENFORCEMENT OFFICERS
POLITICAL PARTIES AND COMMITTEES See: ELECTIONS
POLK COUNTY
Animal control ordinance; enforcement, penalties, S25-H,
H45-H
POLLUTION CONTROL
Pollutant discharge elimination system permit program,
S35-H, H21-H
POPULAR NAMES
Bid rigging bill, S13-H
Bullets, armor-piercing, S3-H, H17-H, H33-H
Community education summer training and service act, H68-H
Corrections overcrowding task force, H37-H
Council for hearing impaired, H67-H
Emergency and nonemergency medical services, S19-H, H5-H,
H51-H
Equal rights, Sl-H, H1-H
Industrial siting act, S35-H, H21-H
Local offender advisory council act, H39-H
Medical malpractice, S30-H, H47-H, H61-H

POPULAR NAMES (Cont'd)
Nuclear weapons, H15-H
Pollutant discharge elimination system act, S35-H, H21-H
Silver-Haired Legislature, S12-H, H34-H
Teflon bullets, S3-H, H17-H, H33-H
Transportation bid rigging bill, S2-H, H48-H
PROCESS SERVICE
Residential premises; complaint mailed, H16-H
PUBLIC OFFICERS AND EMPLOYEES
Travel, per diem, meal, mileage allowances; revised, H53-H
PUBLIC RECORDS
Law enforcement officers; filed complaints; certain exempt,
S4-H
Student records, court-ordered inspection, H13-H
Transportation bids; estimates and potential bidders; exemp-
tion prior contract execution, S2-H, H48-H
PURCHASING
Professional services, scope of work unclear; selection pro-
cedures, H35-H
PUTNAM COUNTY
Land transfer to Clay County, S38-H
-R-
REAL ESTATE BROKERS AND SALESMEN
Mobile home and recreational vehicle dealers excluded, H8-H
RELIEF BILLS
Monroe County; sheriff's budget increase, debt repayment,
S15-H, H4-H
RESOLUTIONS
Hunting licenses; urges fee reduction for Alabama out-of-
state, S10-H
Porcelain painting; recognition as fine art, H66-H
RINGLING MUSEUM OF ART
Board of trustees; authorization to expend funds, S32-H
-S-
SALES TAX
Discretionary tax; additional 1%; use sports, arts and recrea-
tion centers, S31-H, H29-H
Local government half-cent sales tax
Millage limitations, Dade County inapplicability, H12-H
Authority removed to exceed limitations (Dade), H41-H
Proceeds appropriated, H57-H
Supplemental distribution, inmate population, H65-H
SALTWATER FISHING
Oysters; harvesting season extended (Franklin), S23-H,
H26-H
Shrimping, size restrictions; Apalachicola, Choctawhatchee
Rivers, S22-H
SARASOTA COUNTY
Englewood Area Fire Control District; staggered terms,
commissioners election, H28-H
SCHOOLS
Students, records; court-ordered inspection, H13-H
SEARCHES AND SEIZURES
Conformance with 4th amendment, U.S. Constitution, S20-H,
H31-H
Good faith articles, information; evidentiary admissibility,
H7-H
SENTENCES
Alternatives; community programs for nonviolent offenders
(1st & 8th Judicial Circuits), H39-H
STATE AGENCIES
Contracts; bid procedures, S13-H
Correctional work program products; purchasing and use,
S28-H
STATE ATTORNEYS
Prosecutor, statewide; drug or public trust cases, H18-H,
H19-H, H60-H

INDEXJOURNAL OF THE HOUSE OF REPRESENTATIVES51

STATE UNIVERSITIES
Florida Atlantic University; land transfer, S37-H
Shands Teaching Hospital; authorized use of state communi-
cation system, S21-H
University of West Florida, Bay County Branch; transfer to
Florida State University, S36-H
ST. JOHNS COUNTY
Judge, County Court; election, S17-H
SUNDOWN BILLS
Council on Organized Crime abolished, H19-H
Emergency Medical Services Advisory Council, S19-H, H5-H,
H51-H
Parole and Probation, S5-H
SUNSET BILLS
Emergency and nonemergency medical services, S19-H, H5-H,
H51-H
_T_
TAXATION
Ad valorem tax; levied on real property (Pinellas), S18-H,
H27-H
Homes for the aged; exemption increased; permanently and
totally disabled persons, S15-H, H23-H
Municipal public service, H57-H
Sales tax See: SALES TAX
TRANSACTIONAL IMMUNITY
Witnesses; provision removed, S8-H, H3-H, H20-H

TRANSPORTATION, DEPARTMENT OF
Contract crime; certificate of qualification denial, revocation
or suspension, S2-H, H48-H

-V-

VOLUSIA COUNTY
Judge, County Court; election, S17-H

-W-

WEAPONS AND FIREARMS
Bullets
Armor-piercing; restrictions and penalties, S3-H, H33-H
Teflon-coated; use by law enforcement officers only, H17-H

WITNESSES
Compelled testimony, immunity, H22-H
Transactional immunity; provision removed, S8-H, H3-H,
H20-H

WORKERS COMPENSATION
Self-Insurers Guaranty Association, Inc.; applicants, members
fees, additional adjusted taxable income, H10-H

-Y-

YOUTH EMPLOYMENT
Community Education Summer Training & Service Act,
H68-H

52JOURNAL OF THE HOUSE OF REPRESENTATIVESINDEX

House Bills, Resolutions, and Memorials by

Number, Subject, Sponsor, and Disposition
To obtain the number of a bill, see the subject matter index preceding this index.
Page number in boldfaced print indicates location of roll call vote on disposition.

Abbreviations:
Ch.-Chapter number, as passed
CSP-Companion or similar bill passed
DCS-Died on Senate Calendar
DHC-Died in House committee (no action by committee)
DM-Died in Messages
FPH-Failed to pass House (defeated)
FPS-Failed to pass Senate (defeated)
FVIH-Failed vote for introduction in House
HB-House Bill
HCR-House Concurrent Resolution
HJR-House Joint Resolution
HM-House Memorial
HR-House Resolution
ID-Introduction deferred

HCR
1-H Equal rights for men and women (Gordon) 2-3 FPS
HB
2-H Bail (Davis) 32, 39 Ch. 82-392
3-H Witnesses (Woodburn) 39 ID/CSP
4-H Relief of Monroe County (Allen) 39 ID
5-H Emergency and nonemergency medical services (Myers)
39 ID/CSP
HR
6-H Fred Casale, Law Enforcement Officer of Year (Price)
10 Adopted
HJR
7-H Searches and seizures (Lehtinen) 39 ID/CSP
HB
8-H Mobile home and recreational vehicle dealers (Patchett)
39 ID
9-H Criminal penalties (Moore) 39 ID
10-H Workers compensation (Gallagher) 4, 13-14, 39 Ch.
82-410
11-H Malt beverages (T. McPherson) 40 ID
12-H Local government half-cent sales tax (S. McPherson) 40
ID
13-H Juveniles (S. McPherson) 40 ID
HCR
14-H National POW-MIA Recognition Day (Boles) 40 ID/CSP
HB
15-H Mutual freeze and reduction of nuclear weapons refer-
endum (Pajcic) 40 ID
16-H Service of process (Drage) 40 ID
17-H Firearm ammunition (L. J. Smith) 40 ID
HJR
18-H Statewide prosecutor (Kiser) 40 ID
HB
19-H Statewide prosecutor (Kiser) 40 ID
20-H Witnesses (Haben) 6, 39 Ch. 82-393
21-H Pollution control (Boles) 40 ID
22-H Immunity of witnesses (Haben) 40 ID
23-H Ad valorem tax exemptions (Easley) 40 ID/CSP
HR
24-H Oak Ridge High School track teams (Crotty) 3-4
Adopted
HB
25-H Monroe County (Allen) 40 ID/CSP
26-H Saltwater fisheries (Thompson) 40 ID/CSP
27-H Pinellas County (Easley) 40 ID/CSP
28-H Sarasota and Charlotte Counties (Burrall) 28-29, 39 Ch.
82-418
29-H Tax on sales, use, and other transactions (Kutun) 5-6,
39 Ch. 82-394
30-H The Legislature (Lewis) 41 ID
HJR
31-H Searches and seizures (Lehtinen) 4-5, 39 Passed
HCR
32-H University of Miami baseball team (Spaet) 4, 39
Adopted

HB
33-H Firearm ammunition (L. J. Smith) 41 ID
HCR
34-H Silver-Haired Legislature (Spaet) 41 ID
HB
35-H Consultants competitive negotiations (Dunbar) 40 ID
36-H Corrections (Ward) 8-9, 24, 39 Ch. 82-395
37-H Corrections (Mills) 9-10, 24, 27, 37-38 Ch. 82-396
38-H Supplemental appropriations (Appropriations) 8, 37, 39
Ch. 82-397
39-H Corrections (Mills) 10-11, 24, 31, 39 Ch. 82-411
40-H Motor vehicles (Dunbar) 35-36 FVIH
41-H Local government half-cent sales tax (Brodie) 41 ID
42-H Judiciary (Cox) 41 ID/CSP
HJR
43-H Pretrial release and detention (Sheldon) 7-8, 9, 11-12, 39
Passed
HB
44-H Pretrial release and detention (Sheldon) 33, 38-39 Ch.
82-398
45-H Polk County Animal Control Ordinance (C. F. Jones) 41
ID/CSP
HR
46-H Charles Rudolph Hadley (Kershaw) 29-30 Adopted
HB
47-H Insurance (Gustafson) 41 ID/CSP
48-H Department of Transportation contracts (Transportation)
30-31 DM
49-H Dissolution of marriage (Gustafson) 32 DM
50-H Eminent domain (Mann) 41 ID
51-H Medical services (Regulatory Reform) 41 ID/CSP
52-H Criminal penalties (Spaet) 41 ID
53-H Public officers and employees (T. McPherson) 42 ID
54-H Juveniles (Silver) 42 ID
55-H Criminal insanity (Watt) 42 ID
56-H Arrests (Kutun) 42 ID
57-H Taxation (Pajcic) 28, 39 Ch. 82-399
58-H Parole & Probation Commission (Ward) 12 DCS
59-H Parole & Probation Commission (Ward) 12-13, 39 FPH
HJR
60-H Statewide prosecutor (Kiser) 42 ID
HB
61-H Medical malpractice (Gustafson) 22-23, 39 Ch. 82-391
62-H Eminent domain (Mann) 42 ID
63-H Land sales practices (Richmond) 29, 39 Ch. 82-400
HM
64-H Widow and orphan benefits (Boles) 42 ID
HB
65-H Local government half-cent sales tax (Crady) 29 DHC
HR
66-H Porcelain painting (Carlton) 31-32 Adopted
HB
67-H Hearing impaired (Bell) 42 ID
68-H District school systems (Martin) 42 ID
69-H Nursing (Casas) 37 DM

INDEXJOURNAL OF THE HOUSE OF REPRESENTATIVES53

Senate Bills and Resolutions

(Received in House) by Number, Subject,

Sponsor, and Disposition
To obtain the number of a bill, see the subject matter index preceding this index.
Page number in boldfaced print indicates location of roll call vote on disposition.

Abbreviations:
Ch.-Chapter number, as passed
DM-Died in Messages
FVIH-Failed vote for introduction in House
SB-Senate Bill
SCR-Senate Concurrent Resolution

SB
4-H Receipt and processing of complaints filed against law
enforcement or correctional officers (Tobiassen) 25-26
Ch. 82-405
6-H Parole and probation (Carlucci) 38 Ch. 82-401
SCR
11-H National POW-MIA Recognition Day (Vogt) 36 Adopted
12-H Silver-Haired Legislature (Gordon) 27 FVIH
SB
14-H Monroe County (Anderson) 23-24 Ch. 82-414
16-H Orlando Utilities Commission (Jennings) 24 Ch. 82-415
17-H Judiciary (Scott) 6-7, 39 Ch. 82-406
18-H Pinellas County (Ware) 7 Ch. 82-416
19-H Health care (McKnight) 14-22, 32-33, 39 Ch. 82-402
22-H Shrimping (Barron) 26 Ch. 82-407
SB
23-H Saltwater fisheries (Barron) 26-27 Ch. 82-408
SCR
24-H Out-of-state hunting license fee (Tobiassen) 35 Adopted
SB
25-H Polk County (Peterson) 29 Ch. 82-417
26-H Driving under the influence of alcohol or controlled sub-
stances (Jenne) 26 Ch. 82-403
28-H Purchasing (Kirkpatrick) 23 Ch. 82-409
32-H Ringling Museum of Art (Maxwell) 36 DM
34-H Elections (Thomas) 34-35 Ch. 82-404
36-H State University System (Barron) 34 Ch. 82-413
37-H Florida Atlantic University West Palm Beach Center
(Lewis) 34 Ch. 82-412

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