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Journal of the House of Representatives of the session of ..
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 Material Information
Title: Journal of the House of Representatives of the session of ..
Alternate Title: Journal of the House of Representatives, State of Florida
Journal of the House of Representatives of the State of Florida of the session of ..
Physical Description: v. : ; 23-32 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: State Printer
Place of Publication: Tallahassee Fla
Creation Date: June 1983
 Subjects
Subjects / Keywords: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
serial   ( sobekcm )
 Notes
General Note: Title varies slightly.
General Note: Description based on: 1907.
Funding: Digitized for the Florida House of Representatives, the Office of the Clerk.
 Record Information
Source Institution: University of Florida
Holding Location: Florida House of Representatives. Office of the Clerk.
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 003417935
oclc - 12901236
lccn - sn 85065608
System ID: UF00027772:00094
 Related Items
Preceded by: Journal of proceedings of the House of Representatives of the Legislature of the State of Florida
Succeeded by: Journal of the Florida House of Representatives

Table of Contents
    Title Page
        Page i
    June 1983
        Wednesday, June 15
            Page 1
            Page 2
            Page 3
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
            Page 9
            Page 10
            Page 11
            Page 12
            Page 13
            Page 14
            Page 15
            Page 16
            Page 17
            Page 18
            Page 19
            Page 20
        Thursday, June 16
            Page 21
            Page 22
            Page 23
            Page 24
            Page 25
            Page 26
            Page 27
            Page 28
            Page 29
            Page 30
            Page 31
            Page 32
            Page 33
            Page 34
            Page 35
            Page 36
            Page 37
            Page 38
            Page 39
            Page 40
            Page 41
            Page 42
            Page 43
            Page 44
            Page 45
            Page 46
            Page 47
            Page 48
            Page 49
            Page 50
            Page 51
            Page 52
            Page 53
            Page 54
            Page 55
            Page 56
            Page 57
            Page 58
            Page 59
            Page 60
            Page 61
            Page 62
            Page 63
            Page 64
            Page 65
            Page 66
            Page 67
            Page 68
            Page 69
            Page 70
            Page 71
            Page 72
        Friday, June 17
            Page 73
        Thursday, June 23
            Page 74
            Page 75
            Page 76
            Page 77
            Page 78
            Page 79
            Page 80
            Page 81
            Page 82
            Page 83
            Page 84
            Page 85
            Page 86
            Page 87
            Page 88
            Page 89
            Page 90
            Page 91
            Page 92
            Page 93
            Page 94
            Page 95
            Page 96
            Page 97
            Page 98
            Page 99
            Page 100
            Page 101
            Page 102
            Page 103
            Page 104
            Page 105
        Friday, June 24
            Page 106
            Page 107
            Page 108
            Page 109
            Page 110
            Page 111
            Page 112
            Page 113
            Page 114
            Page 115
            Page 116
            Page 117
            Page 118
            Page 119
            Page 120
            Page 121
            Page 122
            Page 123
            Page 124
            Page 125
            Page 126
            Page 127
            Page 128
            Page 129
            Page 130
            Page 131
            Page 132
            Page 133
            Page 134
            Page 135
            Page 136
            Page 137
            Page 138
            Page 139
            Page 140
            Page 141
            Page 142
            Page 143
            Page 144
            Page 145
            Page 146
            Page 147
            Page 148
            Page 149
            Page 150
            Page 151
            Page 152
            Page 153
            Page 154
            Page 155
            Page 156
            Page 157
            Page 158
            Page 159
            Page 160
            Page 161
            Page 162
            Page 163
            Page 164
            Page 165
            Page 166
            Page 167
            Page 168
            Page 169
            Page 170
            Page 171
            Page 172
            Page 173
            Page 174
            Page 175
            Page 176
            Page 177
            Page 178
            Page 179
            Page 180
            Page 181
            Page 182
            Page 183
            Page 184
            Page 185
            Page 186
            Page 187
            Page 188
            Page 189
            Page 190
            Page 191
            Page 192
            Page 193
            Page 194
            Page 195
            Page 196
            Page 197
            Page 198
            Page 199
            Page 200
            Page 201
            Page 202
            Page 203
            Page 204
            Page 205
            Page 206
            Page 207
            Page 208
            Page 209
            Page 210
    Index
        Contents
            Page 211
        Bill Sponsors in "B" Session
            Page 212
        Miscellaneous Subjects
            Page 213
        Vetoed Bills
            Page 213
        Subject Index of House and Senate Bills and Resolutions
            Page 214
            Page 215
            Page 216
            Page 217
            Page 218
            Page 219
            Page 220
        House Bills and Resolutions by Number, Subject, Sponsor, and Disposition
            Page 221
        Senate Bills (Received in House) by Number, Subject, Sponsor, and Disposition
            Page 222
Full Text


Journal
of the

House of Representatives



Special



Session



of the



Seventy-first House
since Statehood in 1845






June 15 through June 24, 1983



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
















e ournal OF THE

"House of Represejta tives

SECOND SPECIAL SESSION-"B" of 1982-1984



Number 1



Wednesday, June 15, 1983



Journal of the House of Representatives for a Special Session of the Seventy-first House since Statehood in 1845,
convened by Proclamation of the Governor and held at the Capitol in the City of Tallahassee in the State of Florida,
on Wednesday, June 15, 1983.



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

Prayer
Prayer was offered by Representative Frederick Lippman.

The following Proclamation was read:

PROCLAMATION
State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE
AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, the Legislature of the State of Florida convened in
Regular Session for the year 1983 on April 5, 1983, and
WHEREAS, the Legislature on June 3, 1983 extended the Regu-
lar Session and adjourned sine die on June 13, 1983;
WHEREAS, it is in the best interest of the citizens of Florida that
the Legislature be called back into a Special Session 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 pro-
claim as follows:
Section 1.
That the Legislature of the State of Florida is convened in Special
Session commencing at 10:00 a.m., on Wednesday, June 15, 1983
and extending through midnight, Friday, June 17, 1983.
Section 2.
That the Legislature of the State of Florida is convened for the
sole and exclusive purpose of considering the following matters:
1. The General Appropriations Bill.
2. Public Education Capital Outlay (PECO).
3. Legislation to implement or fund items contained in the
General Appropriations Bill or PECO.
4. Legislation to insure protection of the State's water resources,
including, but not limited to, measures
(a) Providing for data collection;
(b) Providing for the testing of pesticides;
1



(c) Providing for groundwater monitoring;
(d) Providing for well field contamination monitoring;
(e) Providing for artesian well plugging;
(f) Addressing hazardous waste disposal and regulation;
(g) Regulating the use of septic tanks;
(h) Providing for a grants program for construction and im-
provement of sanitary sewer systems;
(i) Implementing or funding the above mentioned items.
5. Legislation to improve the quality of the state's education
system, including, but not limited to, measures
(a) Upgrading academic standards;
(b) Enhancing the teaching and learning of mathematics,
science, and computer education;
(c) Improving the quality of teacher preparation and per-
formance, including pre-service, in-service, and teacher
education centers, certification, compensation, and the
establishment of a master teacher program;
(d) Revising vocational education programs to provide em-
ployment opportunities and to ensure responsiveness to
business and industry needs.
(e) Providing for the adequate and equitable funding of ed-
ucational programs;
(f) Providing for post-secondary education academic enhance-
ments; and
(g) Implementing and funding the above mentioned items.
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 14th day of June 1983.
BOB GRAHAM
Governor
ATTEST:
GEORGE FIRESTONE
Secretary of State
The following Members were recorded present:

The Chair Armstrong Bailey Bass
Allen Arnold Bankhead Bell



A digest of today's Chamber action appears on last page










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman



Gallagher Lippman
Gardner Locke
Gordon Logan
Grant Mackenzie
Grindle Martin
Gustafson Martinez
Hanson McEwan
Hargrett Meffert
Harris Messersmith
Hawkins, L. R. Metcalf
Hawkins, M. E. Mills
Hazouri Mitchell
Healey Morgan
Hill Murphy
Hodges Nergard
Hollingsworth Ogden
Jamerson Pajcic
Johnson, B. L. Patchett
Johnson, R. C. Peeples
Johnson, R. M. Press
Jones, C. F. Ready
Jones, D. L. Reaves
Kelly Reddick
Kutun Richmond
Lawson Robinson
Lewis Ros
Liberti Sample



Excused: Representatives Lehtinen and Reynolds; Representatives
Abrams and Cosgrove, each awaiting the birth of a child; Represen-
tative Lehman, recuperating from surgery; and Representative Drage
for the morning session
A quorum was present.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of June 3, Regular Session was approved as corrected.

Introduction and Reference

By Representative Gallagher-
HB 1-B-A bill to be entitled An act relating to towing; amend-
ing s. 715.07 (2) (a), Florida Statutes, increasing the permissible
distance for the storage of towed vehicles in certain counties in the
state; providing an effective date.
Rep. Gallagher moved that HB 1-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:

Yeas-94



Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gordon
Grant



Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
IJamerson
Johnson, B. L.
'Johnson, R. C.
Johnson, R. M.
Jones, D. L.



Kelly
Kutun
Lawson
Liberti
Lippman
Locke
Logan
Mackenzie
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mitchell
Murphy
Nergard



Ogden
Patchett
Peeples
Ready
Reaves
Reddick
Richmond
Robinson

Nays-16
Arnold
Carpenter
Deratany
Dudley



Ros
Sample
Sanderson
Shackelford
Shelley
Simon
Simone
Spaet



Gardner
Hazouri
Jones, C. F.
Lewis



Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace



Martin
Mills
Morgan
Selph



Ward
Watt
Webster
Wetherell
Williams
Young



Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Votes after roll call:
Yeas-Deutsch
The motion was agreed to by the required Constitutional two-
thirds vote and HB 1-B was read the first time by title and referred
to the Committee on Community Affairs.
Consideration of HB 2-B was temporarily deferred.


By Representatives Burnsed, Gordon, Ward, and Lippman-

HB 3-B-A bill to be entitled An act relating to alcohol, drug
abuse, and mental health services; amending ss. 394.65 and 394.66,
Florida Statutes, changing the short title and intent to expand the
scope of "The Community Mental Health Act" to include alcohol
and drug abuse services; amending s. 394.67, Florida Statutes,
1982 Supplement, conforming definitions to the act; creating s.
394.675, Florida Statutes; establishing a comprehensive alcohol,
drug abuse, and mental health services system; providing compo-
nent types of services and the funding for such services; amending
s. 394.71, Florida Statutes, transferring certain duties of mental
health boards to the district administrators of the Department of
Health and Rehabilitative Services; creating s. 394.715, Florida
Statutes, creating alcohol, drug abuse, and mental health planning
councils in each service district; amending s. 394.73, Florida Stat-
utes, conforming to the act provisions relating to joint service pro-
grams in two or more counties; amending s. 394.74, Florida Stat-
utes, 1982 Supplement, conforming to the act provisions relating to
contracts for services; amending s. 394.75, Florida Statutes, 1982
Supplement; expanding provisions relating to preparation of a mental
health plan to conform to the act; specifying the content of the
combined district alcohol, drug abuse, and mental health plan;
amending s. 394.76, Florida Statutes, 1982 Supplement, deleting
certain funding provisions to conform to the act; providing proce-
dure for collection in the event of audit liabilities or overpayments
with respect to a contractor; authorizing certain local appropria-
tions and restricting their use; amending s. 394.77, Florida Stat-
utes, 1982 Supplement, including drug abuse services within the
uniform management information system and fiscal accounting sys-
tem of the department; amending s. 394.78, Florida Statutes, re-
quiring the department to establish a standardized auditing proce-
dure for service providers; amending s. 394.79, Florida Statutes,
requiring preparation of a biennial state plan; repealing ss. 394.69,
394.70, and 394.72, Florida Statutes, abolishing mental health boards
and staffing provisions; repealing s. 394.81, Florida Statutes, delet-
ing certain funding provisions; amending ss. 381.494 (7) (b), 394.453 (1),
394.457 (3), 394.461 (1), and 916.11 (2), Florida Statutes, 1982 Sup-
plement, amending ss. 396.072 (2) and 394.4573 (2), Florida Stat-
utes, and amending s. 394.455 (9), Florida Statutes, 1982 Supple-
ment, and repealing subsections (6) and (7) thereof, relating to
district mental health boards, to conform to the act; providing an
effective date.
Rep. Burnsed moved that HB 3-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview
of the Call. The vote was:



Silver
Smith
Weinstock
Woodruff



The Chair
Allen
Armstrong
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burnsed
Burrall
Carlton
Casas
Clark



2



June 15, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Yeas-80
The Chair
Allen
Armstrong
Bailey
Bankhead
Bass
Bell
Bronson
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Clark
Clements
Combee
Cortina
Danson
Davis
Deutsch

Nays-29
Arnold
Brantley
Brown, C.
Carpenter
Casas
Crady
Crotty
Dantzler



Dunbar
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. M.



Dudley
Easley
Evans-Jones
Grindle
Hazouri
Johnson, R. C.
Jones, C. F.
Jones, D. L.



Lewis
McEwan
Morgan
Peeples
Ready
Ros
Selph
Shelley



Kelly
Kutun
Lawson
Liberti
Lippman
Locke
Logan
Mackenzie
Martinez
Meffert
Messersmith
Metcalf
Mitchell
Murphy
Nergard
Ogden
Pajcic
Patchett
Reaves
Reddick



Votes after roll call:
Nays-Deratany
The motion was agreed to by the required Constitutional two-
thirds vote and HB 3-B was read the first time by title and referred
to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Bell-
HB 4-B-A bill to be entitled An act relating to unemployment
compensation; amending s. 3 of Committee Substitute for Senate
Bill 610 as enacted at the regular session of the 1983 Legislature
changing the effective date of amendments to provisions relating to
the weekly benefit amount; providing an effective date.
Rep. Bell moved that HB 4-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-83



Clements
Cortina
Crotty
Danson
Dantzler
Davis
Deutsch
Easley
Figg
Friedman
Gordon
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.



Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Kutun
Lawson
Liberti
Lippman
Locke
Logan
Mackenzie
Martin



Hawkins, M. E. Martinez



McEwan
Meffert
Messersmith
Metcalf
Mitchell
Murphy
Nergard
Ogden
Peeples
Press
Reaves
Reddick
Richmond
Robinson
Ros
Shackelford
Simon



Simone
Spaet
Stewart
Thomas

Nays-27
Brantley
Carpenter
Combee
Crady
Deratany
Dudley
Dunbar



Thompson
Tobiassen
Upchurch
Wallace



Evans-Jones
Gardner
Grant
Grindle
Hazouri
Jones, C. F.
Jones, D. L.



Ward
Watt
Webster
Weinstock



Kelly
Lewis
Morgan
Ready
Sample
Sanderson
Selph



Wetherell
Williams
Young



Shelley
Silver
Smith
Titone
Tobin
Woodruff



Richmond
Robinson
Sample
Sanderson
Shackelford
Simon
Simone
Spaet
Stewart
Thompson
Titone
Tobin
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Young



Silver
Smith
Tobiassen
Upchurch
Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 4-B was read the first time by title and referred
to the Committee on Commerce.

By Representative Bell-
HB 5-B-A bill to be entitled An act relating to optometric
service plan corporations; creating s. 637.001, Florida Statutes,
providing definitions; amending s. 637.011, Florida Statutes, reduc-
ing the number of persons who may form an optometric service plan
corporation; amending s. 637.021, Florida Statutes, deleting the
requirement that the Department of Insurance consent to the char-
ter or certificate of the corporation; amending s. 637.031, Florida
Statutes, providing editorial changes in provisions relating to rates;
amending s. 637.041, Florida Statutes, requiring corporations ap-
plying for a certificate of authority from the department to show an
ability to continue to meet certain working capital requirements;
authorizing the department to determine the sufficiency of working
capital; amending s. 637.051, Florida Statutes, providing editorial
changes in provisions relating to changes in charters, certificates of
incorporation, bylaws, contracts, and rates; amending s. 637.061,
Florida Statutes, providing editorial changes in provisions relating
to annual reports; amending s. 637.071, Florida Statutes, requiring
department examinations of the affairs of such corporations to occur
at least once every 3 years; amending s. 637.081, Florida Statutes,
restricting to nonprofit optometric service plans provisions relating
to department approval of certain acquisition costs; requiring such
costs to bear a reasonable relationship to the service rendered;
amending s. 637.091, Florida Statutes, providing editorial changes
in provisions relating to investments and funds; repealing s. 637.101,
Florida Statutes, relating to departmental resolution of certain
disputes between such corporations and optometrists; amending s.
637.111, Florida Statutes, providing editorial changes in provisions
relating to dissolution or liquidation; creating s. 637.115, Florida
Statutes, authorizing the revocation or suspension of a certificate of
authority upon specified grounds; authorizing immediate suspen-
sion under specified circumstances; creating s. 637.116, Florida
Statutes, requiring certain notice of revocation or suspension; cre-
ating s. 637.117, Florida Statutes, providing the duration of sus-
pensions and providing for reinstatement; creating s. 637.118, Flor-
ida Statutes, authorizing administrative fines in lieu of suspension
or revocation; repealing s. 637.121, Florida Statutes, relating to
license revocations; amending s. 637.131, Florida Statutes, deleting
provisions requiring departmental consent to the incorporation of
optometric service plans; amending s. 637.141, Florida Statutes,
providing for biennial registration of sales representatives of such
corporations; specifying the fund into which fees are to be placed;
creating ss. 637.143 and 637.144, Florida Statutes, providing grounds
for compulsory and discretionary refusal, suspension, or revocation
of the registration of a sales representative; creating s. 637.145,
Florida Statutes, providing the duration of a suspension or revoca-
tion; creating s. 637.146, Florida Statutes, authorizing fines in lieu
of suspension, revocation, or refusal of registration; repealing s.
637.151, Florida Statutes, relating to preexisting service plan cor-
porations; creating s. 637.152, Florida Statutes, subjecting opto-
metric service plan corporations and sales representatives to the
provisions relating to unfair insurance trade practices; amending s.



The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark



June 15, 1983



3









JOURNAL OF THE HOUSE OF REPRESENTATIVES



637.161, Florida Statutes, providing editorial changes in provisions
relating to penalties; creating s. 637.165, Florida Statutes, author-
izing the department to adopt rules; creating s. 637.167, Florida
Statutes, providing for the confidentiality of certain records; amend-
ing s. 212.08 (12), Florida Statutes, 1982 Supplement, to conform to
the act; saving certain provisions from sunset repeal scheduled
October 1, 1983; providing for future review and repeal; providing
an effective date.
Rep. Bell moved that HB 5-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:



Yeas-93
The Chair
Allen
Armstrong
Arnold
Bailey
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Combee
Cortina
Crotty
Danson
Dantzler
Davis
Deutsch
Easley



Figg
Friedman
Gallagher
Gordon
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kutun
Lawson
Liberti



Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Peeples
Press
Ready
Reaves
Reddick
Richmond
Robinson
Ros



Sample
Shackelford
Silver
Simon
Simone
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Young



Nays-20
Bankhead Deratany Grant Sanderson
Brantley Dudley Hazouri Selph
Carpenter Dunbar Kelly Shelley
Clements Evans-Jones Lewis Smith
Crady Gardner Patchett Woodruff

The motion was agreed to by the required Constitutional two-
thirds vote and HB 5-B was read the first time by title and referred
to the Committee on Commerce.

By Representatives Bell and Burnsed-
HB 6-B-A bill to be entitled An act relating to employees of the
Department of Health and Rehabilitative Services; amending s.
110.205 (2) (p), Florida Statutes, 1982 Supplement; exempting cer-
tain positions within the department from the Career Service Sys-
tem; requiring the Department of Administration and the depart-
ment to conduct a study regarding career service exemptions and
requiring a report; providing an effective date.
Rep. Bell moved that HB 6-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-71



The Chair
Allen
Armstrong
Bankhead
Bass
Bell



Bronson
Brown, T. C.
Burnsed
Burrall
Carlton
Casas



Clark
Cortina
Crotty
Dantzler
Davis
Easley



Evans-Jones
Gallagher
Gordon
Grindle
Gustafson
Hanson



Hargrett
Hawkins, M. E.
Hill
Hodges
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kutun
Lawson
Liberti
Lippman



Nays-40
Arnold
Bailey
Brantley
Brown, C.
Burke
Carpenter
Clements
Combee
Crady
Danson



Locke
Logan
Mackenzie
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Morgan
Murphy
Nergard



Deratany
Deutsch
Dudley
Dunbar
Figg
Friedman
Gardner
Grant
Harris
Hawkins, L. R.



Patchett
Reaves
Reddick
Richmond
Robinson
Ros
Sanderson
Shelley
Simon
Simone
Stewart
Thompson



Hazouri
Healey
Hollingsworth
Johnson, R. M.
Jones, D. L.
Kelly
Lewis
Martin
Mitchell
Peeples



Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Wetherell
Williams
Young



Press
Sample
Selph
Shackelford
Silver
Smith
Spaet
Thomas
Weinstock
Woodruff



The motion was not agreed to by the required Constitutional
two-thirds vote and HB 6-B was not admitted for introduction.

By Representative Bell-
HB 7-B-A bill to be entitled An act relating to continuing care
contracts; amending s. 651.011, Florida Statutes, changing defini-
tions and expanding the applicability of provisions relating to con-
tinuing care contracts; amending s. 651.015, Florida Statutes, re-
quiring the Department of Insurance to deposit certain fees and
fines in the Insurance Commissioner's Regulatory Trust Fund; amend-
ing s. 651.021, Florida Statutes, requiring certificates of authority
for construction of continuing care facilities; requiring departmen-
tal approval of certain expansions of existing facilities; creating s.
651.022, Florida Statutes, providing for provisional certificates of
authority; creating s. 651.023, Florida Statutes, providing for the
issuance of certificates of authority after such provisional certifi-
cates; amending s. 651.026, Florida Statutes, conforming to the act
provisions relating to certificates of authority and annual state-
ments; changing financial information requirements; amending s.
651.033, Florida Statutes, authorizing escrow accounts in savings
and loan associations; placing restrictions upon the release of es-
crowed funds; amending s. 651.035, Florida Statutes, increasing
minimum liquid reserve requirements and requiring the mainte-
nance of certain operating reserves; amending s. 651.051, Florida
Statutes, clarifying required department approval of the removal of
records or assets from the state by continuing care providers; amend-
ing s. 651.055, Florida Statutes, 1982 Supplement, providing for
full refunds of facility entrance fees under certain circumstances;
amending ss. 651.061, 651.065, and 651.081, Florida Statutes, to
conform to the act; amending s. 651.085, Florida Statutes, requir-
ing certain persons to attend certain meetings with residents upon
request; amending s. 651.091, Florida Statutes, providing additional
disclosure requirements upon providers; amending s. 651.095, Flor-
ida Statutes, providing for certain applicability of provisions relat-
ing to unfair insurance trade practices; amending s. 651.105, Flor-
ida Statutes, requiring the department to examine the business of
providers at least every 3 years; amending ss. 651.106 and 651.111,
Florida Statutes, providing clarifying and conforming language;
amending s. 651.114, Florida Statutes, requiring the Continuing
Care Advisory Council to report certain findings to the department;
amending s. 651.121, Florida Statutes, requiring advisory council
members to disclose certain financial interests; amending ss. 651.125,
651.13, and 651.132, Florida Statutes, providing clarifying and con-
forming language; creating s. 651.133, Florida Statutes, providing
for applicability of certain provisions to persons holding existing
provisional certificates of authority; creating s. 651.134, Florida



June 15, 1983









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Statutes, providing for the confidentiality of department investiga-
tion records; amending s. 154.402, Florida Statutes, changing cer-
tain intent; amending s. 154.403 (5), Florida Statutes, including
continuing care service corporations within the term "health facili-
ty" for purposes of provisions relating to the State of Florida Health
Facility Authority; amending s. 154.422, Florida Statutes, provid-
ing for the applicability of certain certificate of need provisions to
certificates issued by the authority; amending s. 381.494 (8) (f), Flor-
ida Statutes, 1982 Supplement, restricting the duration of certifi-
cates of need issued to certain continuing care facilities; saving
certain provisions from scheduled repeal and rescheduling future
repeal and review; repealing ss. 651.031 and 651.101, Florida Stat-
utes, relating to provisional certificates of authority and compli-
ance with rules and standards; repealing s. 25 of chapter 81-292,
Laws of Florida, to delete scheduled repeal of provisions relating
to continuing care; providing effective dates.
Rep. Bell moved that HB 7-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-93



The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Combee
Cortina
Crady
Crotty
Dantzler
Davis
Deutsch

Nays-17
Brantley
Carpenter
Clements
Danson
Deratany



Dunbar
Easley
Figg
Friedman
Gallagher
Gordon
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Kelly
Kutun
Lawson



Dudley
Evans-Jones
Gardner
Grant
Hazouri



Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Peeples
Press
Reaves
Reddick
Richmond
Robinson
Ros



Jones, D. L.
Lewis
Patchett
Selph
Shackelford



Sample
Sanderson
Shelley
Silver
Simon
Simone
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Watt
Webster
Weinstock
Wetherell
Williams
Young



Smith
Woodruff



Votes after roll call:
Nays to Yeas-D. L. Jones
The motion was agreed to by the required Constitutional two-
thirds vote and HB 7-B was read the first time by title and referred
to the Committee on Commerce.

By Representative Bell-
HB 8-B-A bill to be entitled An act relating to ambulance
service contracts; repealing s. 638.011, Florida Statutes, relating to
legislative policy; amending s. 638.021, changing definitions; amend-
ing s. 638.031, Florida Statutes, providing editorial changes in
provisions relating to rules of the Department of Insurance; amend-
ing s. 638.041, Florida Statutes, changing the renewal date for
certificates of authority for ambulance service associations; amend-
ing s. 638.051, Florida Statutes, changing the requirements for



certificates of authority; amending s. 638.061, Florida Statutes,
increasing the amount of capital funds required to be maintained
by such associations; repealing s. 638.071, Florida Statutes, relat-
ing to special surplus requirements; amending s. 638.081, Florida
Statutes, providing that the deposit of securities required of associ-
ations shall be in addition to capital funds requirements; providing
conditions and liability for cancellation of bond; providing for addi-
tional deposits under certain circumstances; authorizing the de-
partment to suspend the association's license until the deposit re-
quirements are satisfied; amending s. 638.091, Florida Statutes,
providing additional grounds for suspension or revocation of a cer-
tificate of authority; amending s. 638.111, Florida Statutes, provid-
ing editorial changes in provisions relating to notice of suspension
or revocation; amending s. 638.121, Florida Statutes, deleting the
requirement of notice of expiration of suspension periods; creating
s. 638.122, Florida Statutes, authorizing administrative fines in
lieu of suspension or revocation; setting maximum limits for such
fines; creating s. 638.125, Florida Statutes, subjecting associations
and their representatives and employees to provisions relating to
unfair insurance trade practices; amending s. 638.131, Florida Stat-
utes, prohibiting the use of rates or modified rates which have not
been filed with the department; amending ss. 638.141 and 638.151,
Florida Statutes, providing editorial changes in provisions relating
to taxes and assessments and to the examination of associations;
amending s. 638.161, Florida Statutes, changing service of process
procedures; repealing s. 638.171, Florida Statutes, to conform to the
act; amending s. 638.181, Florida Statutes, providing editorial changes
in provisions relating to registration of sales representatives; amend-
ing ss. 638.191 and 638.201, Florida Statutes, adding a ground for
mandatory and discretionary refusal, suspension or revocation of
registration; amending s. 638.211, Florida Statutes, deleting cer-
tain restrictions upon access to department records; amending s.
638.221, Florida Statutes, raising the amount of administrative
fines which are in lieu of suspension or revocation of registration;
amending ss. 638.231, 638.241, 638.251, 638.261, and 638.271, pro-
viding editorial changes in provisions relating to the disposition of
taxes and fees, prohibited transaction of insurance business, pro-
hibited fronting, prohibited relationships with funeral directors,
and penalties; creating s. 638.282, Florida Statutes, providing for
the confidentiality of certain records; saving certain sections from
repeal under the Regulatory Sunset Act; providing for future repeal
and legislative review; providing an effective date.
Rep. Bell moved that HB 8-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:



Yeas-94
The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Clements
Combee
Cortina
Crady
Dantzler
Davis
Deutsch



Dunbar
Easley
Figg
Friedman
Gallagher
Gardner
Gordon
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Kelly



Kutun
Lawson
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Peeples
Press
Ready
Reaves
Reddick



Richmond
Robinson
Ros
Sample
Silver
Simon
Simone
Spaet
Stewart
Thomas
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Young



June 15, 1983



5










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Nays-18
Brantley
Carpenter
Crotty
Danson
Deratany



Dudley
Evans-Jones
Grant
Hazouri
Jones, D. L.



Lewis
Patchett
Sanderson
Selph
Shackelford



Shelley
Smith
Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 8-B was read the first time by title and referred
to the Committee on Commerce.

By Representative Bell-
HB 9-B-A bill to be entitled An act relating to service war-
ranty associations; amending s. 634.401, Florida Statutes, 1982
Supplement, providing definitions; amending s. 634.402, Florida
Statutes, relating to the powers of the Department of Insurance
with respect to service warranty associations; amending s. 634.404,
Florida Statutes, providing criteria for the department to renew
service warranty association licenses; amending s. 634.405, Florida
Statutes, providing for the maintenance of certain limits on depos-
its or bonds required of service warranty associations by the de-
partment; amending s. 634.406, Florida Statutes, providing finan-
cial requirements with respect to service warranty associations;
amending s. 634.407, Florida Statutes, deleting the requirement
that the department refund the annual license fee to certain appli-
cants; amending s. 634.408, Florida Statutes, providing that service
warranty association licenses expire on June 1 next following the
date of issuance; amending s. 634.409, Florida Statutes, providing
grounds for suspension or revocation of licenses; repealing s. 634.410,
Florida Statutes, relating to the procedure to suspend or revoke a
service warranty association license; amending s. 634.412, Florida
Statutes, relating to license suspension and reinstatement; creat-
ing s. 634.4145, Florida Statutes, providing grounds for the disap-
proval of certain forms; amending s. 634.415, Florida Statutes,
relating to a tax on premiums and certain annual statements and
reports, authorizing the imposition of a fine for failure to file a
required annual statement; amending s. 634.416, Florida Statutes,
providing fees for the examination of associations; creating s. 634.4165,
Florida Statutes, providing that service warranty associations shall
be required to keep certain office records; amending s. 634.417,
Florida Statutes, providing for service of process; repealing
s. 634.418, Florida Statutes, relating to service of process; amend-
ing s. 634.419, Florida Statutes, deleting the prohibition against
the advertising of service warranty contracts by certain persons;
amending s. 634.420, Florida Statutes, relating to the registration
of sales representatives; amending s. 634.421, Florida Statutes,
providing a penalty for the illegal appropriation of funds by sales
representatives; amending s. 634.422, Florida Statutes, providing
grounds for the compulsory denial, suspension, revocation, or
nonrenewal of the registration of a sales representative; amending
s. 634.423, Florida Statutes, providing grounds for the discretion-
ary denial, suspension, revocation, or nonrenewal of registration of
a sales representative; amending s. 634.424, Florida Statutes, elim-
inating the right to certain hearings with respect to the refusal,
suspension, or revocation of registration of a sales representative;
amending s. 634.425, Florida Statutes, prohibiting the department
from granting or issuing any registration to any individual whose
registration has been twice revoked; amending s. 634.426, Florida
Statutes, increasing to $1,000 the maximum administrative fine
that may be imposed in lieu of suspension or revocation of registra-
tion; amending s. 634.427, Florida Statutes, relating to the disposi-
tion of taxes and fees; amending s. 634.429, Florida Statutes, relat-
ing to the practice of fronting; creating s. 634.432, Florida Statutes,
relating to the acquisition of an association; creating s. 634.433,
Florida Statutes, providing for civil remedy; creating s. 634.434,
Florida Statutes, relating to investigatory records; creating ss. 634.435,
634.436, 634.437, 634.438, 634.439, 634.440, 634.441, 634.442, and
634.443, Florida Statutes, prohibiting unfair methods of competi-
tion and unfair or deceptive acts or practices; providing a defini-
tion; providing for the powers of the department; providing for
hearings, witnesses, appearances, production of books and service



of process with respect to prohibited practices; providing for cease
and desist and penalty orders; providing for appeals from actions of
the department; providing penalties; providing injunctive relief;
providing civil liability; saving specified sections of part III of chap-
ter 634, Florida Statutes, from sunset repeal scheduled October 1,
1983; providing for future review and repeal of said part on October
1, 1993; repealing s. 3 of chapter 81-148, Laws of Florida, relating
to the sunset review of parts II and III of chapter 634, Florida
Statutes; providing effective dates.

Rep. Bell moved that HB 9-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:



Yeas-89
The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Carlton
Casas
Clark
Clements
Combee
Cortina
Crady
Dantzler
Davis
Deutsch

Nays-23
Brantley
Burrall
Carpenter
Crotty
Danson
Deratany



Easley
Figg
Friedman
Gallagher
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Kelly
Kutun
Lawson
Liberti



Dudley
Dunbar
Evans-Jones
Gardner
Grant
Hazouri



Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Peeples
Press
Ready
Reaves
Reddick
Richmond
Robinson



Hill
Jones, D. L.
Lewis
Patchett
Sanderson
Selph



Ros
Sample
Silver
Simon
Simone
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Weinstock
Wetherell
Williams
Young






Shackelford
Shelley
Smith
Webster
Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 9-B was read the first time by title and referred
to the Committee on Commerce.

By Representative Bell-
HB 10-B-A bill to be entitled An act relating to home warranty
associations; amending s. 634.301, Florida Statutes, redefining "home
warranty association" or "association," "home warranty" or "war-
ranty," and "premium"; changing "contracting sales agent" to "sales
representative"; deleting definition of "person"; adding definitions
of"net assets," "stated capital," "surplus," "earned surplus," "capital
surplus" and "Insurance Code"; amending s. 634.302, Florida Stat-
utes, relating to powers and rules of the Department of Insurance;
amending s. 634.303, Florida Statutes, relating to licenses; amend-
ing s. 634.304, Florida Statutes, relating to qualifications for licen-
sure; creating s. 634.3045, Florida Statutes, relating to financial
requirements for issuance or renewal of licenses; amending s. 634.305,
Florida Statutes, relating to security deposits; providing for deposit
of additional securities under certain circumstances; requiring no-
tice of termination of a surety bond and requiring replacement;
providing a penalty; amending s. 634.306, Florida Statutes, relat-
ing to application for and issuance of licenses; deleting the require-
ment that the department refund the annual license fee when re-



June 15, 1983



6










JOURNAL OF THE HOUSE OF REPRESENTATIVES



fusing to issue a license; amending s. 634.307, Florida Statutes,
relating to license expiration and renewal; changing expiration
date from September 30 to June 1 on licenses issued; amending s.
634.308, Florida Statutes, relating to suspension and revocation of
licenses; repealing s. 634.309, Florida Statutes, relating to proce-
dures for suspending or revoking licenses; amending s. 634.310,
Florida Statutes, relating to notice of suspension or revocation of
license; amending s. 634.311, Florida Statutes, relating to duration
of suspension and reinstatement of licenses; creating s. 634.3112,
Florida Statutes, allowing administrative fines in lieu of suspen-
sion or revocation; amending s. 634.312, Florida Statutes, relating
to filing and approval of warranty forms; creating s. 634.3125,
Florida Statutes, providing grounds for disapproval of forms; creat-
ing s. 634.3126, Florida Statutes, requiring rate filings; amending
s. 634.313, Florida Statutes, relating to tax on premiums, annual
statements and reports; providing requirements for annual state-
ments; creating s. 634.3135, Florida Statutes, requiring home war-
ranty associations to maintain office records; amending s. 634.315,
Florida Statutes, relating to service of process; deleting provisions
for appointment of Insurance Commissioner as process agent; re-
pealing s. 634.316, Florida Statutes, relating to service of process;
amending s. 634.317, Florida Statutes, requiring registration by
sales representatives; amending s. 634.318, Florida Statutes, pro-
viding requirements for registration; amending s. 634.319, Florida
Statutes, requiring reporting and accounting for funds by the sales
representative; providing penalties; amending s. 634.320, Florida
Statutes, relating to compulsory refusal, suspension or revocation
of registration of sales representatives; amending s. 634.321, Flor-
ida Statutes, relating to discretionary refusal, suspension or revo-
cation of registration of sales representatives; amending s. 634.322,
Florida Statutes, relating to procedure for refusal, suspension or
revocation of registration of sales representatives; creating s. 634.3225,
Florida Statutes, relating to duration of suspension or revocation of
registration; amending s. 634.323, Florida Statutes, relating to ad-
ministrative fines in lieu of suspension or revocation of registra-
tion; amending s. 634.324, Florida Statutes, relating to disposition
of taxes and fees; amending s. 634.326, Florida Statutes, prohibit-
ing fronting by insurers or licensed home warranty associations;
creating s. 634.3275, Florida Statutes, relating to investigatory
records; creating s. 634.3284, Florida Statutes, relating to civil
remedies; creating s. 634.3285, Florida Statutes, relating to acqui-
sition of controlling stock; creating s. 634.335, Florida Statutes,
prohibiting unfair methods of competition and unfair or deceptive
acts or practices; creating s. 634.336, Florida Statutes, defining
unfair methods of competition and unfair or deceptive acts or prac-
tices; creating s. 634.337, Florida Statutes, relating to powers of the
department; creating s. 634.338, Florida Statutes, relating to hear-
ings, witnesses, appearances, production of books and service of
process; creating s. 634.339, Florida Statutes, relating to cease and
desist and penalty orders; creating s. 634.340, Florida Statutes,
relating to appeals from the department; creating s. 634.341, Flor-
ida Statutes, providing penalties; creating s. 634.342, Florida Stat-
"utes, providing for injunction; creating s. 634.343, Florida Statutes,
relating to civil liability; creating s. 634.344, Florida Statutes, pro-
hibiting coercion of debtors; creating s. 634.345, Florida Statutes,
relating to the right of the purchaser or borrower to cancel; provid-
ing for sunset review and repeal; repealing section 3 of chapter
81-148, Laws of Florida, removing duplicate sunset provisions; pro-
viding effective dates.
Rep. Bell moved that HB 10-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-89



The Chair
Allen
Armstrong
Arnold
Bailey
Bankbead
Bass



Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall



Carlton
Casas
Clark
Clements
Combee
Cortina
Crady



Dantzler
Davis
Deutsch
Easley
Figg
Friedman
Gallagher



Grindle Kutun
Gustafson Lawson
Hanson Liberti
Hargrett Lippman
Harris Locke
Hawkins, L. R. Logan
Hawkins, M. E. Mackenzie
Healey Martin
Hill Martinez
Hodges McEwan
Hollingsworth Meffert
Jamerson Messersmith
Johnson, B. L. Metcalf
Johnson, R. C. Mills
Jones, C. F. Mitchell
Kelly Morgan



Nays-23
Brantley
Carpenter
Crotty
Danson
Deratany
Dudley



Dunbar
Evans-Jones
Gardner
Grant
Hazouri
Johnson, R. M.



Murphy
Nergard
Ogden
Peeples
Press
Ready
Reaves
Reddick
Robinson
Ros
Sample
Silver
Simon
Simone
Spaet
Stewart



Jones, D. L.
Lewis
Patchett
Richmond
Sanderson
Selph



Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Weinstock
Wetherell
Williams
Young



Shackelford
Shelley
Smith
Webster
Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 10-B was read the first time by title and re-
ferred to the Committee on Commerce.

By Representative Bell-
HB 11-B-A bill to be entitled An act relating to burial insur-
ance; repealing s. 639.06, Florida Statutes, relating to declaration
of policy; amending s. 639.07, Florida Statutes; providing defini-
tions; amending s. 639.08, Florida Statutes; providing clarifying
language; amending s. 639.09, Florida Statutes; requiring holders
of certificates of authority to be licensed under chapter 470, Florida
Statutes; providing an exemption from certification; amending s.
639.10, Florida Statutes; providing for expiration and renewal of
certificates of authority; changing the annual statement require-
ments; requiring certain disclosures; creating s. 639.105, Florida
Statutes; providing for approval of forms; amending s. 639.11, Flor-
ida Statutes; providing for disposition of funds received on preneed
contracts; restricting the use of such funds; amending s. 639.13,
Florida Statutes, 1982 Supplement; providing for the cancellation
of preneed contracts and certain liquidated damages; amending ss.
639.14 and 639.15, Florida Statutes; providing conforming language;
amending s. 639.16, Florida Statutes; changing grounds for suspen-
sion and revocation of certificates of authority; providing for notice,
effect, and publication of suspension order; providing for duration of
suspension and for reinstatement; creating s. 639.164, Florida Stat-
utes; providing for the confidentiality of certain investigation and
examination records; creating s. 639.165, Florida Statutes; provid-
ing for the dissolution and liquidation of certificateholders; provid-
ing for the venue of delinquency proceedings against a certificateholder;
creating s. 639.166, Florida Statutes; providing for administrative
fine in lieu of suspension or revocation of certificate of authority;
amending s. 639.17, Florida Statutes; providing clarifying language;
repealing ss. 639.18 and 639.19, Florida Statutes, relating to false
and deceptive advertising and selling practices and to legislative
intent; creating s. 639.185, Florida Statutes; providing for the reg-
istration of preneed sales agents by the Department of Insurance;
amending s. 639.20, Florida Statutes, providing for the applicabil-
ity of certain provisions to persons certificated under the Florida
Cemetery Act; amending s. 639.21, Florida Statutes; providing con-
forming language; creating ss. 639.22-639.30, Florida Statutes; pro-
hibiting unfair methods of competition and unfair or deceptive acts
or practices; providing definitions of such acts or practices; provid-
ing departmental investigatory powers; providing for hearings and
procedures; providing for cease and desist and penalty orders; pro-
viding for appeals; providing penalties; providing for injunctions;



June 15, 1983



7










JOURNAL OF THE HOUSE OF REPRESENTATIVES



providing for civil liability; amending s. 470.028, Florida Statutes,
1982 Supplement; removing registration of preneed funeral service
"or direct disposition sales agents by the Department of Professional
Regulation; amending s. 470.002 (4), Florida Statutes, 1982 Sup-
plement, and ss. 470.019 (2) (f) and 470.036 (1) (q), Florida Statutes;
providing conforming language; saving certain provisions of chap-
ter 639, Florida Statutes, from sunset repeal scheduled October 1,
1983; providing for future review and repeal; providing an effective
date.
Rep. Bell moved that HB 11-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-90



The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Clements
Combee
Cortina
Crady
Danson
Dantzler

Nays-19
Brantley
Carpenter
Crotty
Deratany
Dudley



Davis
Deutsch
Dunbar
Easley
Figg
Friedman
Gallagher
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Kutun
Lawson
Liberti



Evans-Jones
Gardner
Grant
Hazouri
Jones, D. L.



Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Peeples
Press
Ready
Reaves
Reddick
Richmond
Robinson



Kelly
Lewis
Patchett
Sanderson
Selph



Ros
Sample
Shackelford
Silver
Simon
Simone
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Weinstock
Wetherell
Williams
Young





Shelley
Smith
Webster
Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 11-B was read the first time by title and re-
ferred to the Committees on Commerce and Appropriations.

By Representative Bell-
HB 12-B-A bill to be entitled An act relating to health care
cost containment; amending ss. 627.614 and 627.643, Florida Stat-
utes, 1982 Supplement; creating ss. 627.6371, 627.6621, and 627.6691,
Florida Statutes; allowing insurers or groups of insurers providing
individual health insurance or group, blanket, or franchise health
insurance to contract with licensed health care providers for alter-
native rates of payment and to limit payments pursuant to a con-
tract with the insured to rates charged by such providers or to
services secured from such providers; providing that such contracts
for alternative rates shall not be construed as a deceptive or unfair
trade practice or as a violation of the antitrust laws; providing for
an exception to health insurance contract language; providing for
rules; providing for review of certain contracts; providing for sunset
review and repeal; providing an effective date.

Rep. Bell moved that HB 12-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. During consideration thereof, HB 12-B was withdrawn from
further consideration of the House.



By Representative Gustafson-
HB 13-B-A bill to be entitled An act relating to motor vehicles
and mobile homes; amending s. 320.01, Florida Statutes, 1982 Sup-
plement; providing definitions; amending s. 320.0105, Florida Stat-
utes; providing legislative intent; amending s. 320.011, Florida
Statutes; providing for adoption of rules; providing for administra-
tion and enforcement of chapter by the Department of Highway
Safety and Motor Vehicles; amending s. 320.02, Florida Statutes;
modifying requirements for registration of motor vehicles; amend-
ing s. 320.025, Florida Statutes; providing for registration under
fictitious name; amending s. 320.03, Florida Statutes, 1982 Sup-
plement; specifying the tax collector as agent of the department;
specifying duties of tax collectors; amending s. 320.031, Florida
Statutes; providing for delivery of license plates by mail; providing
for mail service charge; amending s. 320.04, Florida Statutes, 1982
Supplement; providing service charges for registration-related trans-
actions; amending s. 320.05, Florida Statutes, 1982 Supplement;
modifying record keeping requirements; providing for public in-
spection of registration records; creating s. 320.055, Florida Stat-
utes; specifying registration and renewal periods; modifying regis-
tration period for vehicles bearing dealer license plates and certain
trucks; amending s. 320.06, Florida Statutes; providing for issuance
of license plates and validation stickers; providing renewal proce-
dures; providing a reflectorization fee; creating s. 320.0605, Florida
Statutes; requiring that the registration certificate be in possession
of the vehicle operator; providing exceptions; creating s. 320.0607,
Florida Statutes; providing procedures for replacement of lost or
damaged license plates; authorizing department license inspectors
to inspect license plates for proper display and to require replace-
ment thereof; creating s. 320.0609, Florida Statutes; providing pro-
cedures, requirements, and fees for the transfer or exchange of
license plates; amending s. 320.061, Florida Statutes; prohibiting
alteration of license plates, mobile home stickers, or validation
stickers; providing penalties; amending s. 320.065, Florida Stat-
utes, 1982 Supplement; providing for indefinite registration of cer-
tain trailers and semitrailers; specifying that part of the annual fee
constitutes a service charge; creating s. 320.0655, Florida Statutes;
providing for permanent license plates for governmental entities
and volunteer fire departments; amending s. 320.07, Florida Stat-
utes, 1982 Supplement; requiring annual renewal of registration;
creating s. 320.0705, Florida Statutes; providing for semiannual
registration of certain vehicles; amending s. 320.071, Florida Stat-
utes; providing procedures for advance registration; increasing ser-
vice charges; amending s. 320.08, Florida Statutes, 1982 Supple-
ment, as amended by s. 52 of chapter 83-3, Laws of Florida; specifying
license taxes for vehicles subject to registration; amending s. 320.0803,
Florida Statutes; providing procedures for the issuance of moped
license plates; providing for limited applicability of the chapter to
mopeds; amending s. 320.0805, Florida Statutes, 1982 Supplement;
providing for issuance of personalized prestige license plates; pro-
viding procedures for transfer of such plates; creating s. 320.0807,
Florida Statutes; providing for issuance of special license plates for
the Governor and legislators; amending s. 320.081, Florida Stat-
utes; providing for collection and distribution of mobile home li-
cense tax revenue; amending s. 320.0815, Florida Statutes; provid-
ing procedures and criteria for the taxation of mobile homes and
recreational vehicles; increasing service charges; amending s. 320.083,
Florida Statutes; providing for issuance of special license plates to
amateur radio operators and citizens' band radio operators; amend-
ing s. 320.084, Florida Statutes; providing for issuance of free li-
cense plates to certain disabled veterans; amending s. 320.0841,
Florida Statutes; providing for issuance of free license plates to
Miccosukee and Seminole Indian Tribes; amending s. 320.0842,
Florida Statutes; providing for issuance of free license plates to
veterans confined to wheelchairs; amending s. 320.0843, Florida
Statutes; providing for special license plates for wheelchair users;
amending s. 320.0848, Florida Statutes; providing for issuance of
parking permits to certain handicapped persons; amending s. 320.086,
Florida Statutes; providing for special license plates for ancient



motor vehicles; requiring that the license tax be paid annually;
amending s. 320.087, Florida Statutes; providing for apportioned
taxation of intercity buses used in interstate commerce; amending



8



June 15, 1983











JOURNAL OF THE HOUSE OF REPRESENTATIVES



s. 320.089, Florida Statutes, 1982 Supplement; providing for special
license plates for members of the National Guard, active Armed
Forces reservists, and ex-prisoners of war; amending s. 320.10,
Florida Statutes, 1982 Supplement; providing exemptions from li-
cense tax; amending s. 320.13, Florida Statutes; providing for dealer
license plates and alternative method of registration; amending s.
320.131, Florida Statutes, 1982 Supplement; providing for the de-
sign, sale, use, and regulation of temporary tags by department;
specifying the cost of such tags; specifying the period during which
such tags are valid; increasing service charges; amending s. 320.14,
Florida Statutes; providing procedures for fractional license taxes;
amending s. 320.15, Florida Statutes; providing for refund of li-
cense taxes under certain conditions; amending s. 320.17, Florida
Statutes; authorizing the department to classify vehicles and assess
license taxes on such vehicles; amending s. 320.18, Florida Stat-
utes; authorizing the department to withhold the registration of a
vehicle; amending s. 320.19, Florida Statutes; providing for cre-
ation and enforcement of a lien for unpaid license taxes; amending
s. 320.20, Florida Statutes, as amended by s. 53 of chapter 83-3,
Laws of Florida; providing for the distribution of license tax reve-
nue; amending s. 320.23, Florida Statutes; declaring that license
taxes are compensatory; amending s. 320.26, Florida Statutes; pro-
hibiting certain acts in conjunction with license plates and valida-
tion stickers; providing penalties; amending s. 320.261, Florida
Statutes; prohibiting attachment of an unassigned license plate;
providing penalties; amending s. 320.33, Florida Statutes; prohibit-
ing possession of vehicles from which the identification number has
been removed; amending s. 320.37, Florida Statutes; providing ex-
emptions from registration requirements for certain nonresidents;
creating s. 320.371, Florida Statutes; providing that the require-
ments of registration and display of license number plates shall not
apply to new automobiles or trucks whose equitable or legal title is
vested in a manufacturer, distributor, importer, or exporter and
which vehicles are in the custody of a vehicle servicing, processing,
and handling agency; requiring such agency to display its name
and address on a temporary sign on the vehicles; amending s.
320.38, Florida Statutes, 1982 Supplement; providing conditions
under which nonresidents are required to register their vehicles in
the state; amending s. 320.39, Florida Statutes, 1982 Supplement;
authorizing reciprocal agreements; amending s. 320.51, Florida Stat-
utes; exempting farm tractors and farm trailers from registration
requirements; amending s. 320.57, Florida Statutes; providing penal-
ties for violation of provisions of the chapter; amending s. 320.58,
Florida Statutes; authorizing the appointment of license inspectors;
providing powers and duties; repealing s. 320.0611, Florida Stat-
utes, relating to replacement of lost, stolen or defaced license plates;
repealing s. 320.062, Florida Statutes, relating to requirement that
certain vehicles be equipped with safety glass prior to registration;
repealing s. 320.0835, Florida Statutes, relating to special license
plates for citizens' band radio operators; repealing s. 320.088, Flor-
ida Statutes, relating to certification requirements for motorcycles
manufactures; repealing s. 320.0987, Florida Statutes, relating to
front designation license plates for certain emergency service pro-
fessions; repealing s. 320.09, Florida Statutes, relating to additional
seating capacity fees for certain vehicles; repealing s. 320.16, Flor-
ida Statutes, relating to tax on for-hire vehicles in interstate com-
merce collected in the form of a registration fee; repealing s. 320.24,
Florida Statutes, relating to prohibition against license taxes im-
posed by counties or municipalities; repealing s. 320.25, Florida
Statutes, relating to obtaining a license plate by false representa-
tions; repealing s. 320.351, Florida Statutes, relating to compliance
with motor vehicle noise limits as a prerequisite to registration;
repealing s. 320.36, Florida Statutes, relating to registration of
for-hire vehicles; repealing s. 320.694, Florida Statutes, relating to
the advisory council of motor vehicle dealers; providing an effective
date.

Rep. Gustafson moved that HB 13-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:



Yeas-80
The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Casas
Clark
Combee
Cortina
Dantzler
Davis
Deutsch

Nays-23
Brantley
Burrall
Carpenter
Clements
Crady
Crotty



Dunbar
Easley
Friedman
Gallagher
Gordon
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, C. F.



Danson
Deratany
Dudley
Evans-Jones
Gardner
Grant



Lawson
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Messersmith
Metcalf
Mills
Mitchell
Nergard
Peeples
Press
Ready
Reaves
Reddick
Richmond



Hazouri
Jones, D. L.
Kelly
Lewis
Sample
Sanderson



Robinson
Ros
Shackelford
Silver
Simon
Simone
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Watt
Weinstock
Wetherell
Williams
Young



Selph
Shelley
Smith
Webster
Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 13-B was read the first time by title and re-
ferred to the Committees on Transportation, Finance & Taxation,
and Appropriations.

By Representatives Ogden and Kutun-
HB 14-B-A bill to be entitled An act relating to pari-mutuel
wagering; amending s. 550.04, Florida Statutes; relating to the
horseracing season; creating s. 550.041, Florida Statutes; authoriz-
ing Sunday operation by certain permitholders; amending s. 550.08,
Florida Statutes, 1982 Supplement; relating to the length of race
meetings; providing legislative intent; amending s. 550.081, Flor-
ida Statutes; relating to the allocation of horseracing periods of
operation; amending s. 550.0831, Florida Statutes; authorizing ad-
ditional dogracing days with respect to certain permitholders; amend-
ing s. 550.09 (3) (a) and (b), Florida Statutes; relating to the tax on
handle for certain horseracing permitholders; amending s. 550.16 (2),
Florida Statutes, 1982 Supplement, and adding a subsection; au-
thorizing additional commission to be withheld by horseracing
permitholders; authorizing certain deductions by thoroughbred
permitholders for minus pools; amending s. 550.162 (3), Florida
Statutes, 1982 Supplement; authorizing certain permitholders to
withhold amounts for capital improvements on all exotic wagering;
amending s. 550.262 (2) (b) and (5), Florida Statutes, and adding a
paragraph to subsection (4) thereof; authorizing additional purses
for harness racing; authorizing the release of certain harness rac-
ing funds for purses at nonwagering racing meets; providing re-
strictions on the use of moneys in the Florida Quarter Horse Racing
Promotion Trust Fund; amending s. 550.265 (6) (b), Florida Stat-
utes, 1982 Supplement; providing for deposit of registration fees
into the Florida Quarter Horse Racing Promotion Trust Fund; re-
stricting the use of such deposited fees; amending s. 550.291 (1),
Florida Statutes; relating to harness racing, to conform to the act;
amending s. 550.33 (7), Florida Statutes, and adding a subsection;
providing certain requirements for quarter horse racing; authoriz-
ing nonprofit corporations to apply for quarter horse permits and
operate race meets under certain circumstances; amending s. 220.13 (1),
Florida Statutes, 1982 Supplement, as amended by chapter 83-3,



June 15, 1983



9










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Laws of Florida; providing for the taxation of certain pari-mutuel
permitholders under the Corporate Income Tax Law; creating s.
550.333, Florida Statutes; authorizing nonwagering racing meets;
providing requirements for the issuance of permits for such meets;
providing restrictions on such meets; providing the Division of Pari-
mutuel Wagering certain enforcement authority over such meets;
amending s. 550.41 (1), Florida Statutes, 1982 Supplement; relat-
ing to the summer thoroughbred horse racing period; providing
purses; authorizing certain charity days; amending s. 550.35, Flor-
ida Statutes; providing penalties for the communication of certain
information regarding pari-mutuel events; authorizing intrastate
and interstate transmission and reception of broadcasts of certain
pari-mutuel events; permitting wagering on certain broadcast events;
amending s. 551.09 (2), Florida Statutes, 1982 Supplement; author-
izing jai alai permitholders to withhold amounts for capital im-
provements on all exotic wagering; providing an effective date.
Rep. Ogden moved that HB 14-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:



Yeas-77
The Chair
Bankhead
Bass
Brantley
Bronson
Burke
Burnsed
Burrall
Casas
Clark
Cortina
Crady
Danson
Dantzler
Dunbar
Easley
Evans-Jones
Friedman
Gallagher
Gardner

Nays-30
Allen
Armstrong
Arnold
Bailey
Bell
Brown, C.
Carlton
Carpenter



Gordon
Grindle
Gustafson
Hanson
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, D. L.
Kelly
Kutun
Lawson
Liberti
Lippman
Locke



Clements
Combee
Crotty
Davis
Deratany
Deutsch
Dudley
Figg



Logan
Mackenzie
Martin
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Murphy
Nergard
Ogden
Patchett
Peeples
Press
Ready
Reaves
Reddick
Richmond
Robinson



Grant
Harris
Hazouri
Jamerson
Lewis
Morgan
Sample
Selph



Ros
Sanderson
Shackelford
Shelley
Silver
Simon
Simone
Spaet
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Weinstock
Young






Stewart
Thomas
Upchurch
Webster
Williams
Woodruff



The motion was not agreed to by the required Constitutional
two-thirds vote and HB 14-B was not admitted for introduction.
Subsequently, on motion by Rep. Selph, the House reconsidered
the vote by which HB 14-B was not admitted for introduction. The
question recurred on the motion to admit HB 14-B for introduction.
The vote was:

Yeas-100



The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell



Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carpenter



Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson



Dantzler
Davis
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher



Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.



Nays-10
Carlton
Deratany
Deutsch



Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kelly
Kutun
Lawson
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith



Dudley
Lewis
Upchurch



Metcalf
Mills
Mitchell
Murphy
Nergard
Ogden
Patchett
Peeples
Press
Ready
Reaves
Richmond
Robinson
Ros
Sample
Sanderson
Selph



Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Wetherell
Young



Webster Williams
Weinstock Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 14-B was read the first time by title and re-
ferred to the Committees on Regulated Industries & Licensing,
Finance & Taxation, and Appropriations.

By Representative Lippman-
HB 15-B-A bill to be entitled An act relating to mobile home
parks and recreational vehicle parks; revising, reviving, and re-
adopting, notwithstanding the Regulatory Sunset Act, chapter 513,
Florida Statutes; amending s. 125.0104 (3) (a), Florida Statutes, re-
lating to the local option tourist development tax; amending s.
381.031 (1) (g), Florida Statutes, relating to the adoption of rules
relating to sanitary practices; amending ss. 513.01, 513.02, 513.03,
513.05, 513.08, and 513.10, Florida Statutes; creating ss. 513.045,
513.055, and 513.13, Florida Statutes; providing definitions; requir-
ing permit; providing authority of Department of Health and Rehabil-
itative Services; prohibiting improper disposal; providing for en-
forcement; providing penalties; requiring fees; providing for revo-
cation of permit; authorizing eviction from recreational vehicle parks
for certain violations; amending s. 633.05 (8), Florida Statutes; trans-
ferring regulatory authority for fire safety standards from the De-
partment of Health and Rehabilitative Services to the State Fire
Marshal; amending s. 713.77, Florida Statutes, relating to liens in
favor of owners, operators, or keepers of mobile home parks and
recreational vehicle parks; allowing to stand repealed under the
Regulatory Sunset Act ss. 513.04, 513.06, 513.07, 513.09 and 513.12,
Florida Statutes, relating to issuance of permits, rules to be posted
in camps, parking of trailer on watersheds, maintaining camp with-
out permit, and obtaining accommodations with intent to defraud;
providing for legislative review; providing an effective date.
Rep. Lippman moved that HB 15-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:

Yeas-84



The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Bronson
Brown, C.
Brown, T. C.



Burke
Burnsed
Burrall
Carlton
Casas
Combee
Cortina
Crady
Dantzler
Deutsch
Dunbar



Easley
Figg
Friedman
Gallagher
Gordor
Grindle
Gustafson
Hanson
Hargrett
Harris



Hawkins, M. E.
Healey
Hill
Hodges
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Kelly



Hawkins, L. R. Lawson



10



June 15, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Liberti
Lippman
Locke
Logan
Mackenzie
Martin
McEwan
Meffert
Messersmith
Metcalf

Nays-21
Brantley
Carpenter
Clements
Crotty
Danson
Davis



Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Weinstock
Williams
Young


Smith
Webster
Woodruff



Mills
Mitchell
Murphy
Nergard
Ogden
Peeples
Press
Ready
Reaves
Richmond


Deratany
Dudley
Evans-Jones
Gardner
Grant
Hazouri



The motion was agreed to by the required Constitutional two-
thirds vote and HB 15-B was read the first time by title and re-
ferred to the Committees on Regulatory Reform and Appropriations.

By Representative Bell-
HB 16-B-A bill to be entitled An act relating to pharmaceuti-
cal service plan corporations; creating s. 637.1701, Florida Stat-
utes, providing definitions; amending s. 637.171, Florida Statutes,
reducing the number of persons who may form a pharmaceutical
service plan corporation; amending s. 637.181, Florida Statutes,
deleting the requirement that the Department of Insurance consent
to the charter or certificate of the corporation; amending s. 637.191,
Florida Statutes, providing editorial changes in provisions relating
to rates; amending s. 637.201, Florida Statutes, requiring corpora-
tions applying for a certificate of authority from the department to
show an ability to continue to meet certain working capital re-
quirements; authorizing the department to determine the sufficiency
of working capital; amending s. 637.211, Florida Statutes, provid-
ing editorial changes in provisions relating to changes in charters,
certificates of incorporation, bylaws, contracts, and rates; amend-
ing s. 637.221, Florida Statutes, providing editorial changes in
provisions relating to annual reports; amending s. 637.231, Florida
Statutes, requiring department examinations of the affairs of such
corporations to occur at least once every 3 years; amending s. 637.241,
Florida Statutes, restricting to nonprofit pharmaceutical service
plans provisions relating to department approval of certain acquisi-
tion costs; requiring such costs to bear a reasonable relationship to
the service rendered; amending s. 637.251, Florida Statutes, pro-
viding editorial changes in provisions relating to investments and
funds; repealing s. 637.261, Florida Statutes, relating to depart-
mental resolution of certain disputes between such corporations
and pharmacists; amending s. 637.271, Florida Statutes, providing
editorial changes in provisions relating to dissolution or liquida-
tion; creating s. 637.275, Florida Statutes, authorizing the revoca-
tion or suspension of a certificate of authority upon specified grounds;
authorizing immediate suspension under specified circumstances;
creating s. 637.276, Florida Statutes, requiring certain notice of
revocation or suspension; creating s. 637.277, Florida Statutes, pro-
viding the duration of suspensions and providing for reinstatement;
creating s. 637.278, Florida Statutes, authorizing administrative
fines in lieu of suspension or revocation; repealing s. 637.281, Flor-
ida Statutes, relating to license revocations; amending s. 637.291,
Florida Statutes, deleting provisions requiring departmental con-
sent to the incorporation of pharmaceutical service plans; amend-
ing s. 637.301, Florida Statutes, providing for biennial registration
of sales representatives of such corporations; specifying the fund
into which fees are to be placed; creating ss. 637.302 and 637.303,
Florida Statutes, providing grounds for compulsory and discretion-
ary refusal, suspension, or revocation of the registration of a sales
representative; creating s. 637.304, Florida Statutes, providing the
duration of a suspension or revocation; creating s. 637.305, Florida



The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Combee
Cortina
Crady
Dantzler
Davis
Deutsch

Nays-22
Brantley
Carpenter
Clements
Crotty
Danson
Deratany



Easley
Figg
Friedman
Gallagher
Gordon
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kutun
Lawson



Dudley
Dunbar
Evans-Jones
Gardner
Grant
Hazouri



Liberti Ros
Lippman Sample
Locke Silver
Logan Simon
Mackenzie Simone
Martin Spaet
Martinez Stewart
McEwan Thomas
Meffert Thompson
Messersmith Titone
Metcalf Tobiassen
Mills Tobin
Morgan Upchurch
Murphy Wallace
Nergard Ward
Ogden Watt
Pajcic Weinstock
Peeples Wetherell
Press Williams
Ready Young
Reaves
Richmond
Robinson



Johnson, R. M. Shelley
Lewis Smith
Patchett Webster
Sanderson Woodruff
Selph
Shackelford



The motion was agreed to by the required Constitutional two-
thirds vote and HB 16-B was read the first time by title and re-
ferred to the Committee on Commerce.

By Representatives Gustafson and Gallagher-
HB 17-B-A bill to be entitled An act relating to workers' com-
pensation; amending s. 440.20 (13) (d), Florida Statutes, as amend-
ed, relating to payment of compensation, to clarify; amending s.
440.51, Florida Statutes, modifying the current method of deriving
administrative costs; lowering the maximum assessment rate; pro-
viding for payment of supplemental benefits; providing for use of a
statistical organization; creating s. 440.515, Florida Statutes, pro-
viding for confidentiality of certain records; reenacting s. 440.56 (6),
Florida Statutes, to incorporate the amendment to s. 440.51, Flor-
ida Statutes, in a reference thereto; providing an effective date.
Rep. Gustafson moved that HB 17-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:



Robinson
Ros
Sample
Shackelford
Shelley
Simon
Simone
Spaet
Stewart
Thomas


Hollingsworth
Jones, D. L.
Lewis
Patchett
Sanderson
Selph



Statutes, authorizing fines in lieu of suspension, revocation, or
refusal of registration; repealing s. 637.311, Florida Statutes, relat-
ing to preexisting service plan corporations; creating s. 637.315,
Florida Statutes, subjecting pharmaceutical service plan corpora-
tions and sales representatives to the provisions relating to unfair
insurance trade practices; amending s. 637.321, Florida Statutes,
providing editorial changes in provisions relating to penalties; cre-
ating s. 637.325, Florida Statutes, authorizing the department to
adopt rules; creating s. 637.332, Florida Statutes, providing for the
confidentiality of certain records; amending s. 212.08 (12), Florida
Statutes, 1982 Supplement, to conform to the act; saving certain
provisions from sunset repeal scheduled October 1, 1983; providing
for future review and repeal; providing an effective date.
Rep. Bell moved that HB 16-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-89



June 15, 1983



11










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Yeas-89
The Chair
Allen
Armstrong
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Casas
Clark
Cortina
Crotty
Danson
Dantzler
Davis
Deutsch
Dunbar



Nays-20
Arnold
Carlton
Carpenter
Clements
Combee



Easley
Evans-Jones
Figg
Friedman
Gallagher
Gordon
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Kutun



Deratany
Dudley
Gardner
Grant
Hazouri



Lawson
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Murphy
Nergard
Ogden
Patchett
Press
Ready
Reaves
Reddick
Richmond



Jones, D. L.
Kelly
Lewis
Peeples
Sample



Robinson
Ros
Shackelford
Shelley
Simon
Simone
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Weinstock
Wetherell
Williams
Young






Selph
Smith
Upchurch
Webster
Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 17-B was read the first time by title and re-
ferred to the Committees on Commerce and Appropriations.

By Representative Lippman-
HB 18-B-A bill to be entitled An act relating to professional
regulation; amending s. 20.30 (2) (a), (3), and (4) (x), Florida Stat-
utes, 1982 Supplement, and adding a paragraph thereto, renaming
a division and board within the Department of Professional Regula-
tion, and adding the Board of Acupuncture; amending s. 120.71,
Florida Statutes, changing procedures for the disqualification of
agency personnel in administrative proceedings; providing for rules;
amending ss. 310.011 and 310.021 (1) and adding a new subsection
(1) to s. 310.151, Florida Statutes, restricting the members of the
Board of Pilot Commissioners who may vote on rate matters; amend-
ing s. 310.131, Florida Statutes, authorizing procedures for the
verification of amounts of pilotage at each port; adding a subsection
to s. 455.203, Florida Statutes, authorizing peer review of certain
health care providers; amending s. 455.207 (3) and (4), Florida Stat-
utes, providing basis upon which a vacancy can occur on a board
and providing that telephone conference calls shall not be included
in the definition of "other business of the board"; amending s.
455.213 (2), Florida Statutes, providing for initial license fees for
professional licenses; amending s. 455.217 (1), Florida Statutes, 1982
Supplement, authorizing the limited release of certain examination
information; creating s. 455.220, Florida Statutes, establishing peer
review of treatment by chiropractic physicians; amending s. 455.225 (3),
Florida Statutes, changing complaint procedures involving persons
regulated by the department; exempting probable cause panel pro-
ceedings from certain notice requirements; amending s. 455.227 (1),
Florida Statutes, providing an additional ground for discipline by
regulatory boards within the Department of Professional Regula-
tion; amending s. 455.241 (2), Florida Statutes, 1982 Supplement,
authorizing the department to obtain certain patient records of
naturopathic physicians; amending s. 458.311 (1) (b) and (4), Flor-
ida Statutes, requiring graduation from an allopathic medical school
or college; providing for board waiver of certain educational re-
quirements for licensure of physicians; amending s. 458.331 (1) (f),



Florida Statutes, 1982 Supplement, providing an exception to vio-
lation reporting requirements; creating s. 458.3311, Florida Stat-
utes, creating the impaired professionals advisory committee; pro-
viding its duties; providing for consultants and for the confidentiality
of certain information; providing for reports of impairment; amend-
ing s. 458.337 (1) (b), Florida Statutes, requiring notification to the
department of disciplinary action by ambulatory surgical centers or
nursing homes against physicians; creating s. 459.0076, Florida
Statutes, authorizing osteopathic faculty certificates; amending s.
459.015 (1) (s), Florida Statutes, providing for certain mental and
physical examinations of osteopathic physicians and restricting the
use of related information; amending s. 459.017, Florida Statutes,
expanding provisions relating to the release of certain medical
reports during an investigation; amending s. 460.406 (2), Florida
Statutes; extending the date for waiver of accreditation and ap-
proval requirements for chiropractic colleges; providing additional
provisions for waiver; deleting requirement for department to make
available certain courses; amending s. 460.413 (1) (n), Florida Stat-
utes, expanding the types of chiropractic records which must be
kept; creating s. 461.0095, Florida Statutes, requiring licensed po-
diatrists to disclose whether they accept Medicare assignment re-
imbursements; amending s. 462.08 (4), Florida Statutes, increasing
the naturopathy license renewal fee; amending s. 462.14, Florida
Statutes, changing the grounds for and types of disciplinary action
against naturopathic physicians; amending s. 463.014 (2), Florida
Statutes, changing the types of corporations or organizations which
may employ optometrists to provide optometric services to employ-
ees; amending s. 464.018 (1) (h) and (i), Florida Statutes, providing
for certain mental or physical examinations of nurses and restrict-
ing the use of related information; providing an exception to viola-
tion reporting requirements; creating s. 464.0185, Florida Statutes,
providing for use of the impaired professionals advisory committee
consultants with respect to impaired nurses; amending s. 465.003 (3),
Florida Statutes, 1982 Supplement, adding new types of pharma-
cies; amending s. 465.007 (1) (b), Florida Statutes, adding require-
ments for licensure as a pharmacist; adding a subsection to s.
465.008, Florida Statutes, providing for consultant pharmacist li-
censes; amending s. 465.016 (1) (e), Florida Statutes, providing for
the discipline of pharmacists violating specified federal law; creat-
ing ss. 465.0195 and 465.0196, Florida Statutes, providing proce-
dures and conditions for the issuance of permits for radiopharmacies
and special pharmacies; amending s. 465.023(1), Florida Statutes,
authorizing alternative disciplinary actions against pharmacy per-
mittees; amending s. 468.1665 (1) and (2), Florida Statutes, decreas-
ing and changing the membership of the Board of Nursing Home
Administrators; amending s. 468.1705 (2), Florida Statutes, 1982
Supplement, changing provisions relating to licensure of nursing
home administrators by endorsement; creating s. 468.1756, Florida
Statutes, providing a statute of limitations for certain violations by
nursing home administrators; amending s. 468.322 (1), Florida Stat-
utes, and adding a subsection; redefining "acupuncture"; providing
a definition; creating s. 468.3225, Florida Statutes; providing a
board; providing duties and membership, appointment, and terms;
creating s. 468.3226, Florida Statutes; authorizing board rules; amend-
ing s. 468.323, Florida Statutes, 1982 Supplement; establishing an
additional certification requirement, deleting a requirement, and
removing the cap on certification and reexamination fees and au-
thorizing application and examination fees; providing that certain
Oriental nomenclature be used in the examination upon request;
providing that certain persons be qualified without examination;
providing that certain persons be qualified to take the examination;
amending s. 468.324, Florida Statutes; removing the cap on re-
newal fees and penalties and providing for establishment by the
board; providing for continuing education requirements; amending
s. 468.325 (2) and (3), Florida Statutes; establishing the board's
authority over disciplinary actions; providing that certain persons
may retake certain portions of the examination a limited number of
times; repealing s. 468.327, Florida Statutes, 1982 Supplement,
relating to department rulemaking authority; repealing s. 468.3245,
Florida Statutes, 1982 Supplement, relating to apprenticeship pro-



grams; amending s. 471.003 (1) and (2) (i), Florida Statutes, 1982
Supplement, and s. 471.031 (1) (b), Florida Statutes; prohibiting un-



12



June 15, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



registered engineers from holding themselves out as being regis-
tered; changing the types of construction projects upon which cer-
tain electrical, plumbing, air-conditioning, or mechanical contrac-
tors may work without being registered engineers; amending s.
472.005 (1), Florida Statutes, and s. 472.007 (1), Florida Statutes,
1982 Supplement, renaming the Board of Land Surveyors; amend-
ing s. 472.013 (2) and (4), Florida Statutes, changing examination
prerequisites for applicants for land surveyor licenses; amending s.
472.033 (1) (h), Florida Statutes, expanding certain grounds for dis-
ciplinary action against land surveyors; amending s. 473.303 (1),
Florida Statutes, expanding the membership of the Board of Ac-
countancy; amending s. 473.313, Florida Statutes, revising provi-
sions relating to inactive status of accountants' licenses; providing
a restriction upon the duration of inactive status; providing excep-
tions; amending s. 474.203 (4), Florida Statutes, restricting the ex-
emption from licensure as a veterinarian for certain vaccination of
animals; adding a subsection to s. 474.207, Florida Statutes, au-
thorizing certain practice by unlicensed veterinarians awaiting ex-
amination results; repealing s. 474.209, Florida Statutes, relating
to temporary permits to practice veterinary medicine; amending s.
475.125, Florida Statutes, 1982 Supplement, providing for the re-
fund of application and license fees for real estate brokers and
salesmen; amending s. 475.17 (1) and (2), Florida Statutes, 1982
Supplement, prohibiting the licensure of certain persons; changing
education requirements; amending s. 475.175, Florida Statutes,
1982 Supplement, requiring educational institutions and real es-
tate schools to notify the Real Estate Commission of persons satis-
factorily completing certain education requirements; amending s.
475.181 (2), Florida Statutes, 1982 Supplement, and adding a sub-
section, providing for the expiration of licensure applications and
certifications; amending s. 475.23, Florida Statutes, 1982 Supple-
ment, clarifying provisions relating to the expiration of real estate
salesmen licenses; amending s. 475.24, Florida Statutes, 1982 Sup-
plement, providing for on-site management of branch offices; amend-
ing s. 475.25 (1), Florida Statutes, 1982 Supplement, expanding the
application of provisions relating to real estate related disciplinary
action and changing certain grounds therefore; amending s. 475.451 (2),
(6), and (8), Florida Statutes, 1982 Supplement, changing licensure
requirements for real estate school operators, administrators and
instructors; amending s. 475.483 (1) (b), Florida Statutes, 1982 Sup-
plement, providing an exception to notice requirements for claims
against the Real Estate Recovery Fund; amending s. 475.484 (1),
(3), and (4), Florida Statutes, 1982 Supplement, increasing amount
limits for authorized payments from the Real Estate Receiving
Fund; creating s. 476.158, Florida Statutes, providing for the licen-
sure of barbering instructors; amending s. 476.154 (1), Florida Stat-
utes, deleting provisions relating to restoration of licenses of retired
barbers; amending s. 476.164 (4), Florida Statutes, restricting the
practice of barbers' assistants; adding a subsection to s. 476.184, Flor-
ida Statutes, requiring display of barber shop registrations and
barbers' licenses; creating s. 476.210, Florida Statutes, requiring
barber services to be performed in registered barbershops; provid-
ing exceptions; creating s. 477.0135, Florida Statutes, exempting
certain persons from licensure as cosmetologists; amending s.
477.019 (1) (b), Florida Statutes, changing a limitation with respect
to standards established by the Board of Cosmetology pursuant to
training required to qualify for licensure; creating s. 477.0211,
Florida Statutes, authorizing continuing education requirements
for cosmetologists; amending s. 477.022 (1) and (3), Florida Stat-
utes, 1982 Supplement, changing cosmetology examination require-
ments; creating s. 477.0265, Florida Statutes, prohibiting certain
acts and providing penalties; amending s. 477.028 (1), Florida Stat-
utes, authorizing disciplinary actions against continuing education
providers; amending s. 477.029, Florida Statutes, prohibiting viola-
tions of provisions relating to cosmetology and increasing the types
of disciplinary actions; creating s. 477.030, Florida Statutes, requir-
ing cosmetology services to be performed in licensed salons; provid-
ing exceptions; amending s. 480.033 (3), Florida Statutes, expand-
ing the definition of "massage"; amending s. 480.041 (4), Florida
Statutes, 1982 Supplement, clarifying license renewal requirements



for masseurs; amending s. 480.043 (2),. Florida Statutes, deleting
authority of the Board of Massage for regulation of financial re-



sponsibility and insurance coverage for massage establishments;
amending s. 480.046 (1), Florida Statutes, relating to disciplinary
action by the Board of Massage; amending ss. 481.207 and 481.307,
Florida Statutes, increasing certain fees for architects and land-
scape architects; adding a subsection to s. 481.309, Florida Stat-
utes, providing examination requirements for landscape architec-
ture licenses; amending s. 484.007 (1) (e), Florida Statutes, changing
qualifications for licensure of opticians; repealing s. 484.002 (6),
Florida Statutes, removing the definition of "licensed physician" in
provisions relating to opticians; amending s. 486.091, Florida Stat-
utes, providing alternative disciplinary actions against physical
therapists; amending s. 489.115 (1), Florida Statutes, restricting
the effect of certification of construction contractors; amending s.
489.119 (5), Florida Statutes, 1982 Supplement, requiring the use
of the registration or certification number of contractors in all
advertising and requiring local verification of state licensure of
construction contractors; amending s. 489.129 (1), Florida Statutes,
relating to disciplinary action against such contractors; amending
s. 489.505 (1), Florida Statutes, making a technical change; amend-
ing s. 489.509, Florida Statutes, increasing fees for electrical con-
tractors; adding a paragraph to s. 489.533 (1), Florida Statutes,
adding a ground for disciplinary action against electrical contrac-
tors; amending s. 490.005 (1) (b) and (2), Florida Statutes, changing
qualifications for licensure of psychologists by examination; chang-
ing qualifications for clinical social workers, marriage and family
therapists, mental health counselors, and school psychologists; amend-
ing s. 490.014 (2) (c), Florida Statutes, 1982 Supplement, changing
the exemption from licensure as psychologists for certain employ-
ees of educational institutions; requiring the Department of Profes-
sional Regulation to make certain studies and to report to the
Legislature; adding subsection (3) to s. 501.122, Florida Statutes,
providing a restriction upon the use of laser devices; providing a
penalty; amending ss. 458.321, 459.009, 460.409, 461.008, 463.008,
466.015, 468.1725, 470.016, 471.019, 472.019, 474.212, 475.1825 (1),
481.217, 481.315, 484.009, and 490.008, Florida Statutes, amend-
ing s. 475.183, Florida Statutes, 1982 Supplement, and creating ss.
476.155, 477.0212, and 480.0415, Florida Statutes, relating to regu-
lation of medical practitioners, osteopathic physicians, chiropractic
physicians, podiatrists, optometrists, dentists and dental hygien-
ists, nursing home administrators, funeral directors and embalm-
ers, engineers, land surveyors, veterinarians, real estate brokers
and salesmen, architects, landscape architects, opticians, psycholo-
gists, barbers, cosmetologists and cosmetology instructors, and mas-
seurs, to modify regulatory provisions enabling said professionals
to place their licenses in an inactive status; correcting a cross
reference; providing for relative uniformity; providing for applica-
tion and fees; limiting inactive status to 4 years, unless renewed;
providing for automatic expiration of license upon failure to renew
or reactivate; modifying continuing education requirements;
grandfathering in current licensees whose licenses have been placed
in inactive status; repealing s. 476.154 (3) (c), (d), (e), (f), and (g),
relating to placement of barbers' licenses in an inactive status, s.
477.019 (5), Florida Statutes, relating to placement of cosmetolo-
gists' licenses in an inactive status, s. 477.021 (7), Florida Statutes,
relating to placement of cosmetology instructors' licenses in an
inactive status, and s. 490.007 (4), Florida Statutes, relating to
placement of licenses of psychologists, clinical social workers, mar-
riage and family therapists, mental health counselors, and school
psychologists in an inactive status; amending s. 455.02, Florida
Statutes, relating to renewal of licenses for members of the United
States Armed Forces; providing for future review and repeal; pro-
viding effective dates.
Rep. Lippman moved that HB 18-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:
Yeas-84



The Chair
Allen
Armstrong
Bailey



Bass
Bell
Bronson
Brown, C.



Brown, T. C.
Burke
Burnsed
Burrall



Carlton
Casas
Clark
Combee



June 15, 1983



13










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Cortina
Crady
Dantzler
Davis
Deutsch
Dudley
Dunbar
Easley
Figg
Friedman
Gordon
Grant
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.

Nays-27
Arnold
Bankhead
Brantley
Carpenter
Clements
Crotty
Danson



Hawkins, M. E.
Healey
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kutun
Lawson
Liberti
Lippman
Locke
Logan
Mackenzie


Deratany
Evans-Jones
Gallagher
Gardner
Grindle
Hazouri
Hill



Martin
Martinez
Meffert
Metcalf
Mills
Mitchell
Murphy
Nergard
Press
Ready
Reaves
Reddick
Richmond
Robinson
Ros
Sample
Sanderson



Johnson, R. M.
Lewis
McEwan
Messersmith
Patchett
Peeples
Shackelford



Selph
Shelley
Silver
Simon
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Weinstock
Wetherell
Williams
Young


Simone
Smith
Upchurch
Watt
Webster
Woodruff



odic evaluation and appraisal of local comprehensive plans; amend-
ing s. 165.091 (2), Florida Statutes, to correct a cross-reference;
amending s. 334.02, Florida Statutes, providing legislative intent
with respect to the "Florida Transportation Code"; amending s.
334.211 (2), (3) (a), (4), (5), (6) (a), and (7), Florida Statutes, relating
to the comprehensive plans required to be developed by the De-
partment of Transportation; providing legislative intent; amending
s. 341.021, Florida Statutes; providing legislative intent with re-
spect to the "Florida Public Transit Act"; repealing ss. 23.0115,
23.012, 23.0125, 23.014, 23.016, 23.0161, and 23.017, Florida Stat-
utes, deleting provisions relating to the specification of data in the
state comprehensive plan, to certain general powers and duties of
the Executive Office of the Governor, to the development of certain
environmental data, to the preparation of the annual development
program, to certain special reports of the Executive Office of the
Governor, to required annual progress reports on state and regional
planning, and to authority to contract for assistance in preparation
of reports; repealing s. 160.003 (6), Florida Statutes, deleting the
definition of the Department of Community Affairs in provisions
relating to regional planning councils; providing for implementa-
tion of the act within available resources; providing an effective
date.
Rep. Liberti moved that HB 21-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:



The motion was agreed to by the required Constitutional two-
thirds vote and HB 18-B was read the first time by title and re-
ferred to the Committees on Regulatory Reform, Finance & Taxa-
tion, and Appropriations.
Consideration of HB's 19-B and 20-B was temporarily deferred.

By Representative Liberti-
HB 21-B-A bill to be entitled An act relating to state and
regional planning; providing a short title; amending s. 11.45 (3) (d),
Florida Statutes, to correct a cross-reference; creating s. 23.01, Flor-
ida Statutes, providing legislative findings and intent; amending s.
23.0112, Florida Statutes, providing definitions; creating s. 23.01131,
Florida Statutes, granting certain powers and responsibilities re-
lating to state and regional planning to the Executive Office of the
Governor; amending s. 23.0114 (1), Florida Statutes, transferring
subsection (4) thereof, and adding new subsections thereto; provid-
ing for the preparation of the state comprehensive plan and provid-
ing certain content thereof; providing restrictions upon capital out-
lay recommendations to the Legislature; amending s. 23.013, Florida
Statutes, requiring the Executive Office of the Governor to prepare
a proposed state comprehensive plan and providing for its adoption;
providing for legislative review; providing for implementation of
the plan; creating s. 23.0131, Florida Statutes, requiring state agen-
cies to adopt state agency functional plans; creating s. 23.0132,
Florida Statutes, requiring state agencies to prepare state agency
functional plans consistent with the state comprehensive plan; pro-
viding for review thereof; amending s. 23.015, Florida Statutes,
changing the purposes of the Governor's annual report of the state's
economic condition; amending s. 160.003 (8), Florida Statutes, to
correct a cross-reference; amending s. 160.01 (4), Florida Statutes,
requiring county membership in regional planning councils; amend-
ing s. 160.07, Florida Statutes, changing requirements and adop-
tion procedures for comprehensive regional policy plans; creating s.
160.072, Florida Statutes, requiring certain review of such plans
prior to adoption and requiring consistency with the state compre-
hensive plan; creating s. 160.076, Florida Statutes, providing for
periodic evaluation of such plans; amending ss. 160.08 and 160.09,
Florida Statutes, to correct cross-references; creating the Growth
Management Trust Fund and providing its purposes; amending s.
163.3177 (6) (a), Florida Statutes, providing for contents of future
land use plans of local government comprehensive plans; adding a
subsection to s. 163.3184, Florida Statutes, providing for submis-
sion of certain information upon adoption of local comprehensive
plans; amending s. 163.3191, Florida Statutes, providing for peri-



Yeas-75
The Chair
Allen
Armstrong
Bailey
Bankhead
Bass
Brown, C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Cortina
Danson
Dantzler
Davis
Deutsch
Figg

Nays-33
Arnold
Brantley
Bronson
Carpenter
Clements
Combee
Crady
Crotty
Deratany



Friedman
Gordon
Gustafson
Hanson
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Kelly
Lawson
Liberti



Dudley
Dunbar
Easley
Evans-Jones
Gallagher
Gardner
Grant
Grindle
Hazouri



Lippman
Locke
Logan
Mackenzie
Martin
Martinez
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Patchett
Press
Ready
Reaves



Jones, D. L.
Kutun
Lewis
McEwan
Peeples
Ros
Sample
Sanderson
Selph



Reddick
Richmond
Robinson
Shackelford
Simon
Simone
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Weinstock
Williams
Young




Shelley
Smith
Upchurch
Watt
Webster
Woodruff



Votes after roll call:
Nays to Yeas-Kutun
The motion was not agreed to by the required Constitutional
two-thirds vote and HB 21-B was not admitted for introduction.

By Representative Liberti-
HB 22-B-A bill to be entitled An act relating to state and
regional planning; providing a short title; amending s.11.45 (3) (d),
Florida Statutes, to correct a cross-reference; amending s. 11.60 (1)
and (2), Florida Statutes, increasing the membership of the Admin-



14



June 15, 1983











JOURNAL OF THE HOUSE OF REPRESENTATIVES



istrative Procedures Committee and requiring the committee to
review the state comprehensive plan, and changes therein, and to
make recommendations to the Legislature; creating s. 23.01, Flor-
ida Statutes, providing legislative findings and intent; amending s.
23.0112, Florida Statutes, providing definitions; creating s. 23.01131,
Florida Statutes, granting certain powers and responsibilities re-
lating to state and regional planning to the Executive Office of the
Governor; amending s. 23.0114 (1), Florida Statutes, transferring
subsection (4) thereof, and adding new subsections thereto; provid-
ing for the preparation of the state comprehensive plan and provid-
ing certain content thereof; providing restrictions upon capital out-
lay recommendations to the Legislature; amending s. 23.013, Florida
Statutes, requiring the Executive Office of the Governor to prepare
a proposed state comprehensive plan and providing for its adoption;
providing for legislative review; providing for implementation of
the plan; creating s. 23.0131, Florida Statutes, requiring state agen-
cies to adopt state agency functional plans; creating s. 23.0132,
Florida Statutes, requiring state agencies to prepare state agency
functional plans consistent with the state comprehensive plan; pro-
viding for review thereof; amending s. 23.015, Florida Statutes,
changing the purposes of the Governor's annual report of the state's
economic condition; amending s. 160.003 (8), Florida Statutes, to
correct a cross-reference; amending s. 160.01 (4), Florida Statutes,
requiring county membership in regional planning councils; amend-
ing s. 160.07, Florida Statutes, changing requirements and adop-
tion procedures for comprehensive regional policy plans; creating s.
160.072, Florida Statutes, requiring certain review of such plans
prior to adoption and requiring consistency with the state compre-
hensive plan; creating s. 160.076, Florida Statutes, providing for
periodic evaluation of such plans; amending ss. 160.08, 160.09, and
165.091 (2), Florida Statutes, to correct cross-references; creating
the Growth Management Trust Fund and providing its purposes;
repealing ss. 23.0115, 23.012, 23.0125, 23.014, 23.016, 23.0161, and
23.017, Florida Statutes, deleting provisions relating to the specifi-
cation of data in the state comprehensive plan, to certain general
powers and duties of the Executive Office of the Governor, to the
development of certain environmental data, to the preparation of
the annual development program, to certain special reports of the
Executive Office of the Governor, to required annual progress re-
ports on state and regional planning, and to authority to contract
for assistance in preparation of reports; repealing s. 160.003 (6),
Florida Statutes, deleting the definition of the Department of Com-
munity Affairs in provisions relating to regional planning councils;
providing an effective date.
Rep. Liberti moved that HB 22-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:

Yeas-87



The Chair
Armstrong
Bailey
Bankhead
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Cortina
Danson
Dantzler
Davis
Deutsch
Evans-Jones
Figg



Friedman
Gallagher
Gordon
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Kutun
Lawson
Liberti
Lippman



Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Patchett
Peeples
Press
Ready
Reaves
Reddick
Richmond



Robinson
Ros
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Weinstock
Wetherell
Williams
Young



Nays-24
Arnold
Brantley
Carpenter
Clements
Combee
Crady



Crotty
Deratany
Dudley
Dunbar
Easley
Gardner



Grant
Hazouri
Jones, D. L.
Kelly
Lewis
Sample



Sanderson
Selph
Upchurch
Watt
Webster
Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 22-B was read the first time by title and re-
ferred to the Select Committee on Growth Management and the
Committee on Appropriations.

By Representatives Gallagher, Richmond, and Meffert-
HB 23-B-A bill to be entitled An act relating to mortgages;
amending s. 95.281 (1) (b) and (2) (b), Florida Statutes, permitting
mortgagees to record and secure obligations of more than 20 years
when the original record of the obligation secured by a mortgage is
not ascertainable from the record of it; amending ss. 199.052 (7) (d),
201.08 (1), and 201.09 (3), Florida Statutes, 1982 Supplement, elim-
inating a requirement that certain mortgages be secured by a one-
to-four family structure with respect to the law governing returns
on intangible taxes and the law governing the documentary stamp
tax on mortgages; amending s. 199.062 (5) (a), Florida Statutes, and
s. 199.062 (6) (a), Florida Statutes, as amended; revising penalties
for failure to file required information with the Department of
Revenue or with stockholders; providing for application to the 1983
tax year; amending s. 665.0731 (5), Florida Statutes, deleting a
provision authorizing the mortgagor or his successor to file a notice
limiting optional future advances; amending s. 697.04 (1), Florida
Statutes, permitting mortgagors or their successors in title to limit
the principal amount secured by the mortgage and thereby pre-
clude future advances; exempting negative amortization and con-
struction loan agreements therefrom; amending s. 697.05 (2), Flor-
ida Statutes, providing a method for calculating the final payment
on an adjustable rate balloon mortgage; requiring disclosure; di-
recting the Department of Community Affairs to conduct a study
into the use of reverse annuity mortgages or similar instruments in
this state; adding s. 697.05 (5) (e), Florida Statutes, providing an
exemption from balloon mortgage provisions, for mortgages in ex-
cess of $500,000; providing an appropriation; requiring a written
report to the Legislature; providing an effective date.
Rep. Gallagher moved that HB 23-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:

Yeas-94



The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bronson
Brown, C.
Brown, T. C.
Burnsed
Burrall
Carlton
Casas
Clark
Combee
Cortina
Crotty
Danson
Dantzler
Davis
Dudley



Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gordon
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, D. L.



Kelly
Kutun
Lawson
Liberti
Lippman
Locke
Logan
Mackenzie
Martinez
McEwan
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Patchett
Peeples
Press
Ready



Reaves
Reddick
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace



June 15, 1983



15











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Ward
Watt



Nays-14
Brantley
Burke
Carpenter
Clements



Webster
Weinstock



Crady
Deratany
Deutsch
Gardner



Williams




Grant
Hazouri
Jamerson
Lewis



Young




Upchurch
Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 23-B was read the first time by title and re-
ferred to the Committee on Commerce.


By Representative Kutun-
HB 24-B-A bill to be entitled An act relating to a surtax on
documents; creating s. 125.0107, Florida Statutes; authorizing coun-
ties operating under a home rule charter to levy a discretionary
surtax on certain documents; providing that the proceeds shall be
used to provide financial assistance to certain families to buy or
rehabilitate homes or apartments, or, except with respect to certain
charter counties, to finance construction or expansion of correc-
tional facilities; providing limitations and procedures; creating s.
201.025, Florida Statutes; providing for the levy of the surtax;
providing for the administration, collection, and distribution of the
proceeds of the surtax; providing an exception; requiring an annual
report to the Department of Banking and Finance; repealing ss. 1
and 2 of Committee Substitute for Senate Bill 56, which authorize
certain charter counties to levy such discretionary surtax to provide
financial assistance to certain families to buy or rehabilitate homes
or apartments; providing effective and expiration dates.
Rep. Kutun moved that HB 24-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:

Yeas-64



The Chair
Allen
Armstrong
Bailey
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Casas
Clark
Cortina
Danson
Dantzler

Nays-44
Arnold
Bankhead
Bass
Brantley
Carpenter
Clements
Combee
Crotty
Deratany
Dudley
Dunbar



Davis
Deutsch
Friedman
Gallagher
Gordon
Gustafson
Hanson
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Jamerson
Johnson, R. M.
Jones, C. F.
Kutun



Easley
Evans-Jones
Figg
Gardner
Grant
Grindle
Hazouri
Hodges
Hollingsworth
Johnson, B. L.
Johnson, R. C.



Liberti
Lippman
Logan
Mackenzie
Martinez
Messersmith
Metcalf
Mills
Murphy
Ogden
Patchett
Press
Ready
Reaves
Reddick
Sample



Jones, D. L.
Kelly
Lawson
Lewis
Locke
Martin
McEwan
Mitchell
Nergard
Peeples
Richmond



Shackelford
Silver
Simon
Simone
Spaet
Thomas
Thompson
Titone
Tobin
Wallace
Ward
Watt
Weinstock
Wetherell
Williams
Young



Robinson
Ros
Sanderson
Selph
Shelley
Smith
Stewart
Tobiassen
Upchurch
Webster
Woodruff



The motion was not agreed to by the required Constitutional
two-thirds vote and HB 24-B was not admitted for introduction.



By Representative Ward-
HB 25-B-A bill to be entitled An act relating to solid waste
management; amending s. 403.701, Florida Statutes; providing a
short title; amending s. 403.702 (1) (e), (2) (a)-(d), (g), Florida Stat-
utes; providing legislative intent; amending s. 403.703, Florida
Statutes; providing definitions; amending s. 403.704, Florida Stat-
utes; providing powers and duties of the Department of Environ-
mental Regulation regarding solid waste management programs;
amending s. 403.7045 (1) (c), (3) (d), Florida Statutes, 1982 Supple-
ment; conforming language; amending s. 403.705, Florida Statutes;
establishing the state resource recovery and solid waste manage-
ment program; providing for designating certain areas for resource
recovery and solid waste management planning; creating s. 403.7055,
Florida Statutes; requiring counties and municipalities to provide
for resource recovery and solid waste management; amending s.
403.706, Florida Statutes; providing guidelines and responsibilities
for local management programs; amending s. 403.707 (1), (2), (4),
Florida Statutes, 1982 Supplement; requiring a permit to construct,
operate, or close certain facilities or sites; amending s. 403.708 (1) (a),
(c), Florida Statutes; providing penalties; providing an effective
date.
Rep. Ward moved that HB 25-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-88



The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Bronson
Brown, C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Combee
Cortina
Crady
Danson
Dantzler
Davis

Nays-19
Brantley
Carpenter
Clements
Crotty
Deratany



Deutsch
Easley
Figg
Friedman
Gallagher
Gordon
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Kelly



Dudley
Dunbar
Evans-Jones
Gardner
Grant



Lawson
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Murphy
Nergard
Patchett
Peeples
Press
Ready
Reaves
Reddick



Grindle
Hazouri
Jones, D. L.
Lewis
Sample



Richmond
Robinson
Ros
Sanderson
Shackelford
Shelley
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Weinstock
Williams
Young



Selph
Upchurch
Webster
Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 25-B was read the first time by title and re-
ferred to the Committees on Natural Resources and Appropriations.

By Representatives Silver and Martinez-
HB 26-B-A bill to be entitled An act relating to crime victims;
adding s. 316.660 (3), Florida Statutes; providing for the collection
and distribution of certain costs and surcharges on criminal traffic
offenses; amending s. 960.20, Florida Statutes, 1982 Supplement;
increasing the costs imposed for certain offenses from $10 to $15
and including within such offenses the violation of certain munici-
pal and county ordinances; providing an effective date.



16



June 15, 1983











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Rep. Martinez moved that HB 26-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:

Yeas-88



The Chair
Allen
Armstrong
Bailey
Bankhead
Bass
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Casas
Clark
Clements
Combee
Cortina
Danson
Dantzler
Davis
Deutsch

Nays-21
Arnold
Bell
Carlton
Carpenter
Crady
Crotty



Dunbar
Easley
Figg
Friedman
Gallagher
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.



Deratany
Dudley
Evans-Jones
Gardner
Hazouri
Jones, D. L.



Lawson
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Murphy
Nergard
Press
Ready
Reaves
Reddick
Richmond
Robinson



Kelly
Lewis
Morgan
Peeples
Sample
Smith



Ros
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Weinstock
Wetherell
Williams
Young



Upchurch
Webster
Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 26-B was read the first time by title and re-
ferred to the Committees on Criminal Justice, Finance & Taxation,
and Appropriations.

By Representatives C. F. Jones, Dantzler, Ready, and Burnsed-
HB 27-B-A bill to be entitled An act relating to the tax on
sales, use, and other transactions; creating s. 212.058, Florida Stat-
utes; authorizing counties to levy a discretionary additional 1-percent
tax for 1 year or a portion thereof; requiring referendum approval;
creating a trust fund for deposit of proceeds; specifying applicability
to purchases made in jurisdictions not levying such a tax under
certain circumstances; providing method of taxing certain services
billed on a monthly cycle; providing for refund of additional tax
paid by certain contractors; providing penalties; providing applica-
ble tax brackets; specifying that the proceeds be used for acquisi-
tion, construction, or improvement of local criminal justice facili-
ties; requiring that counties certify to the Department of Revenue
that they have entered into contracts for such purposes; providing
for the use of the proceeds for property tax relief and certain other
specified tax relief if such certification is not made; providing that
excess proceeds be used for such tax relief; providing for adminis-
tration, collection, and enforcement; providing an effective date.
Rep. C. F. Jones moved that HB 27-B be admitted for introduc-
tion, the Speaker having ruled the measure was outside the pur-
view of the Call. The vote was:
Yeas-70



Allen
Armstrong
Bailey
Bankhead
Bronson



Brown, T. C.
Burke
Burnsed
Burrall
Carlton



Casas
Cortina
Crady
Crotty
Danson



Dantzler
Easley
Evans-Jones
Grant
Grindle



Gustafson
Hanson
Harris
Hawkins, L. R.
Hawkins, M. E.
Hill
Hodges
Hollingsworth
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Nays-37
Arnold
Bass
Bell
Brantley
Carpenter
Clark
Clements
Combee
Davis
Deratany



Kelly
Lewis
Liberti
Locke
Martin
McEwan
Meffert
Metcalf
Mills
Mitchell
Murphy
Nergard
Ogden



Deutsch
Dudley
Dunbar
Figg
Friedman
Gallagher
Gardner
Gordon
Hazouri
Healey



Patchett
Ready
Reaves
Reddick
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Simon



Kutun
Lawson
Lippman
Logan
Mackenzie
Martinez
Morgan
Pajcic
Peeples
Press



Simone
Smith
Spaet
Stewart
Tobiassen
Wallace
Ward
Webster
Wetherell
Williams
Young



Silver
Titone
Tobin
Upchurch
Watt
Weinstock
Woodruff



The motion was not agreed to by the required Constitutional
two-thirds vote and HB 27-B was not admitted for introduction.

By Representatives Mills, Carpenter, Kutun, T. C. Brown, Patch-
ett, Liberti, and Martin-

HB 28-B-A bill to be entitled An act relating to water resour-
ces; amending s. 373.026, Florida Statutes, expanding duties of the
Department of Environmental Regulation with respect to collecting
and monitoring data relating to water resources; creating s. 403.063,
Florida Statutes, requiring the department to establish a ground-
water quality monitoring network and providing criteria therefore;
requiring regional and local governments to sample and test ground-
water as directed by the department; requiring the department to
develop a program of inspecting package sewage treatment facili-
ties; amending s. 403.855, Florida Statutes, expanding duties of the
department relating to imminent hazards in water supplies; adding
subsections to s. 373.203, Florida Statutes, providing definitions;
amending s. 373.206, Florida Statutes, expanding the authority of
the department to plug hazardous artesian wells; creating s. 373.207,
Florida Statutes, requiring water management districts to adopt
plans for plugging abandoned artesian wells; providing for review
of plans by the department; creating s. 487.0615, Florida Statutes;
establishing the Pesticide Review Council; providing for member-
ship; providing powers and responsibilities; providing for rulemaking
petition; providing reimbursement for travel; creating s. 487.043,
Florida Statutes, providing for the testing of restricted-use pesti-
cides; providing duties of the Pesticide Review Council, the De-
partment of Agriculture and Consumer Services, and the Depart-
ment of Environmental Regulation; providing for future review and
repeal of ss. 487.0615 and 487.043, Florida Statutes; creating an
agriculture policy for the state; adding subsection (4) to s. 570.44,
Florida Statutes, adding a fourth bureau to the Division of Inspec-
tion and providing for certain positions; repealing s. 487.061, Flor-
ida Statutes, 1982 Supplement, abolishing the Pesticide Technical
Council; providing an appropriation to the Pesticide Review Coun-
cil; amending s. 376.11 (4) (b), Florida Statutes, and adding para-
graphs (f) and (g) to subsection (5) of said section, increasing limits
on the balance in the Florida Coastal Protection Trust Fund and
providing for additional disbursements from the fund; amending s.
208.001, Florida Statutes, increasing the tax on the generation of
hazardous wastes; amending s. 403.702 (2) (c), Florida Statutes; pro-
viding legislative intent; adding subsections to s. 403.704, Florida
Statutes; providing additional powers and duties of the Department
of Environmental Regulation; amending s. 403.722 (9) and (10),



June 15, 1983



17










18 JOURNAL OF THE HOUSE

Florida Statutes, 1982 Supplement; specifying certain requirements
in certain permitting processes; creating s. 403.7225, Florida Stat-
utes; providing for the preparation of local hazardous waste man-
agement assessments; providing duties of the counties, regional
planning councils, and the department relative to such assessments;
creating the Local Government Hazardous Waste Management Trust
Fund and providing for sources and allocation thereof; amending s.
403.723, Florida Statutes; requiring counties to complete a hazard-
ous waste needs assessment and to choose a site for a hazardous
waste storage facility; providing duties of the Governor and Cabi-
net; requiring counties to notify small quantity generators of their
responsibilities annually; requiring such generators to disclose cer-
tain information to the county; providing for verification of such
generators' management practices; providing penalties; requiring
counties to furnish information on the assessment and the notifica-
tion program to the department; amending s. 403.703 (18), Florida
Statutes, redefining the "closure" of a resource recovery and man-
agement facility; amending s. 403.704 (16), Florida Statutes, chang-
ing procedures for the review of department rules stricter than
those of the United States Environmental Protection Agency relat-
ing to resource recovery and management; amending s. 403.7045 (1) (c),
Florida Statutes, 1982 Supplement, correcting a reference; amend-
ing s. 403.707 (1) and (2), Florida Statutes, 1982 Supplement, and
adding a subsection; requiring resource recovery and management
facilities and sites which are closed to be permitted; changing ex-
ceptions from certain permit requirements; restricting the permit-
ting of certain new sanitary landfills; creating s. 403.726, Florida
Statutes, establishing Amnesty Days for the purging of small quan-
tities of hazardous wastes; amending s. 403.727 (3) and (4), Florida
Statutes, 1982 Supplement, and adding a new subsection (4) there-
to, increasing penalties for violations of provisions relating to haz-
ardous wastes; imposing liability upon specified persons for costs
and damages caused by the release or threatened release of hazard-
ous substances; restricting the ability of government entities to
interpose a defense to such liability; creating s. 501.082, Florida
Statutes; requiring specified governmental agencies and institu-
tions of the State University System to notify the department re-
garding hazardous materials and management practices; requiring
written plans for management and spill control; providing for siting
of a multipurpose hazardous waste facility by the state; providing
for adoption of siting criteria by the department; providing for
adoption of a site designation by the Environmental Regulation
Commission; directing the commission to contract for construction
and operation of the facility; requiring permitting of the facility;
authorizing the issuance of state bonds; prohibiting hazardous waste
landfills and the issuance of permits therefore; providing for emer-
gency temporary permits; creating s. 768.131, Florida Statutes,
providing immunity from liability for persons who assist in clean-
ing up any discharge of hazardous materials; providing exceptions;
providing responsibilities of the department; repealing s. 403.729,
Florida Statutes, abolishing the State Hazardous Waste Policy Ad-
visory Council; creating s. 376.115, Florida Statutes; creating the
Water Quality Assurance Trust Fund; imposing an excise tax upon
registrants operating terminal facilities; providing for suspension
of the tax in certain years; providing for collection; providing for
administration; creating ss. 208.201, 208.202, 208.203, 208.204,
208.205, and 208.206, Florida Statutes, providing definitions; pro-
viding a tax to be levied on chemicals; requiring certain chemical
dealers and manufacturers to register with the department; provid-
ing for registration of certain consumers and specifying liability
thereof; providing a limitation upon the tax rate; providing for
suspension of the tax in certain years; providing exemptions; pro-
viding for collection; providing for administration; providing for
distribution of revenues; adding subsection (22) to s. 215.22, Florida
Statutes, authorizing certain deductions from the Hazardous Waste
Management Trust Fund; providing for transfer of funds from the
Florida Coastal Protection Trust Fund to the Hazardous Waste
Management Trust Fund; creating s. 403.1655, Florida Statutes,



creating the Environmental Short-Term Emergency Trust Fund to
fund pollution abatement procedures; transferring certain funds
from the Florida Coastal Protection Trust Fund to such trust fund;
amending s. 381.272, Florida Statutes, 1982 Supplement, providing



EI



SOF REPRESENTATIVES June 15, 1983

for the regulation of onsite, rather than individual, sewage disposal
systems; changing the types of subdivisions which may use certain
systems; restricting the location of such systems; providing for equal
application of restrictions and rules; changing the circumstances in
which variances may be granted and the procedures therefore; pro-
hibiting certain uses of organic chemical solvents; prohibiting issu-
ance of permits in certain areas; authorizing temporary permits for
experimental systems; deleting provisions relating to organic waste
composting systems; providing for a special rule in certain cases;
creating s. 381.273, Florida Statutes, authorizing the Department
of Health and Rehabilitative Services to collect fees for regulating
such systems and for certain research; increasing fees to fund the
accelerated soil survey program in the Department of Agriculture
and Consumer Services; providing appropriations; amending ss.
403.1821-403.1824, 403.1826, 403.1829, Florida Statutes; providing
a short title; providing definitions; specifying eligible uses of the
State Water Pollution Trust Fund; providing for the Department of
Environmental Regulation to make rules with respect to project
priorities and certain other matters; providing for transfer of funds
from the State Water Pollution Control Trust Fund to the Small
Community Sewer Construction Assistance Trust Fund; providing
for restrictions on the use of grant money; providing for transfer of
funds from the State Water Pollution Control Trust Fund to the
Small Community Sewer Construction Assistance Trust Fund; pro-
viding guidelines for local governmental contributions to projects;
requiring projects to be self-sufficient with respect to operation,
maintenance, and replacement costs; providing funding priorities;
amending s. 403.1832, Florida Statutes; designating the depart-
ment as the state agency to contract with the federal government
on certain activities; amending s. 403.804 (3), Florida Statutes; pro-
viding duties of the Environmental Regulation Commission; creat-
ing ss. 403.1836-403.1839, Florida Statutes; creating the Small Com-
munity Sewer Construction Assistance Trust Fund in the depart-
ment; providing for grants from the fund; providing duties of the
department regarding such grants; repealing ss. 403.1827, 403.1828,
403.1830, 403.1831, 403.1833, Florida Statutes, relating to admin-
istering federal grants for water pollution control and sewage treat-
ment; amending s. 403.802, Florida Statutes, providing legislative
policy; amending s. 403.803, Florida Statutes, providing definitions;
amending s. 403.805, Florida Statutes, authorizing the Secretary of
the Department of Environmental Regulation to delegate certain
powers and duties to the water management districts; amending s.
403.807, Florida Statutes, providing powers and duties of the Divi-
sion of Environmental Programs of the department; amending s.
403.808, Florida Statutes, providing duties of the Division of Envi-
ronmental Permitting of the department; adding a subsection to s.
403.061, Florida Statutes, authorizing the Department of Environ-
mental Regulation to adopt rules protecting certain shellfish har-
vesting waters; amending s. 403.809, Florida Statutes, providing
for boundaries and management personnel of environmental dis-
tricts; amending s. 403.812, Florida Statutes; providing for delegat-
ing certain departmental powers and duties to the water manage-
ment districts; providing limitations on such powers and duties;
amending s. 403.813 (1), Florida Statutes, 1982 Supplement, pro-
viding criteria for certain projects for which a permit is required;
amending s. 373.016 (2), Florida Statutes, providing legislative pol-
icy; amending s. 373.026 (7), Florida Statutes, providing for powers
and duties of the department; amending s. 373.106, Florida Stat-
utes, granting the water management districts exclusive authority
to issue certain permits; amending s. 373.114, Florida Statutes;
providing for review by the department of certain water manage-
ment district rules; providing procedures for such review; amend-
ing s. 373.116 (1), Florida Statutes; providing for filing certain permit
applications with the districts; amending s. 373.303 (6), Florida
Statutes, modifying the definition of "well"; repealing s. 373.303 (9),
Florida Statutes; eliminating the exemption of sand-point wells
from well regulations; amending s. 373.308 (1) and (2), Florida Stat-
utes, requiring the department to authorize water management dis-



tricts to exercise certain powers; amending s. 373.323, Florida Stat-
utes, providing for water well contractor's licenses to be issued by
the water management districts; amending s. 373.333, Florida Stat-
utes, providing for enforcement; providing effective dates.











JOURNAL OF THE HOUSE OF REPRESENTATIVES



-was read the first time by title and referred to the Committees
on Natural Resources, Finance & Taxation, and Appropriations.

By Representative Ward-
HB 29-B-A bill to be entitled An act relating to youthful of-
fenders; amending s. 958.021, Florida Statutes; providing legisla-
tive intent; amending s. 958.03, Florida Statutes; providing defini-
tions; amending s. 958.04, Florida Statutes; authorizing the court
to designate certain persons as youthful offenders; expanding the
categories of persons who may be so designated; providing that
certain persons may be declared ineligible for such designation and
restricting appellate review; amending s. 958.05, Florida Statutes;
providing for judicial disposition of youthful offenders; providing
circumstances for early termination of probation, community con-
trol, or sentence; amending s. 958.06, Florida Statutes; expanding
the period in which a court may suspend a sentence and place the
defendant in a community control program; authorizing the court
to set aside adjudication of guilt; amending s. 958.09, Florida Stat-
utes; requiring the department to adopt rules; amending s. 958.11,
Florida Statutes; restricting youthful offender facilities programs
and facilities to eligible youthful offenders; authorizing the assign-
ment of certain youthful offenders to institutions not designated for
their care and supervision; authorizing the department to assign
certain inmates to the youthful offender program; authorizing as-
signment to a community correctional center under certain circum-
stances; amending s. 958.12, Florida Statutes; expanding the activ-
ities in which a youthful offender may be required to participate;
repealing s. 958.08, Florida Statutes, relating to supervision of the
community control program; repealing s. 958.10, Florida Statutes,
relating to the term of confinement in the community control pro-
gram for youthful offenders; amending s. 958.14, Florida Statutes,
relating to violations of probation; creating s. 958.16, Florida Stat-
utes, providing for hearings for mitigation of the presumptive pa-
role release of youthful offenders; providing for reports to the Legis-
lature; adding a subsection to s. 947.165, Florida Statutes, 1982
Supplement, requiring the Parole and Probation Commission to
develop a separate parole guideline schedule for youthful offenders;
providing methods of release from incarceration for certain youth-
ful offenders; providing effective dates.
Rep. Ward moved that HB 29-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-103



The Chair
Allen
Armstrong
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deutsch
Dunbar



Easley
Evans-Jones
Figg
Friedman
Gallagher
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kelly



Kutun
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves



Richmond
Robinson
Ros
Sample
Sanderson
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Young



Nays-6
Arnold Deratany
Carpenter Dudley



Selph



Woodruff



The motion was agreed to by the required Constitutional two-
thirds vote and HB 29-B was read the first time by title and re-
ferred to the Committees on Corrections, Probation & Parole and
Appropriations.

By Representatives Grant, Dudley, Danson, Patchett, Richmond,
and Webster-
HJR 30-B-A joint resolution proposing an amendment to Sec-
tion 6 of Article VII and the creation of Section 20 of Article XII of
the State Constitution, relating to homestead tax exemptions.
Rep. Grant moved that HJR 30-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call.
Rep. Dunbar raised a point of order that the joint resolution
related to educational funding and was within the purview of the
Call. The Speaker stated that the joint resolution had no reference
to education and referred only to creating certain exemptions to the
homestead tax law. Therefore, he ruled the point not well taken
and the joint resolution outside the purview of the Call.



The question recurred on
introduction. The vote was:



Yeas-67
Armstrong
Bankhead
Bass
Brantley
Bronson
Brown, T. C.
Carpenter
Casas
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Deratany
Dudley

Nays-33
The Chair
Allen
Arnold
Bailey
Brown, C.
Burrall
Clark
Davis
Deutsch



Dunbar
Easley
Evans-Jones
Gallagher
Gardner
Gordon
Grant
Grindle
Hanson
Hargrett
Harris
Hawkins, M. E.
Healey
Hill
Hollingsworth
Johnson, B. L.
Johnson, R. C.



Figg
Friedman
Gustafson
Hawkins, L. R.
Hazouri
Jamerson
Kutun
Lippman
Logan



the motion to admit HJR 30-B for



Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kelly
Lewis
Locke
McEwan
Meffert
Messersmith
Metcalf
Mitchell
Nergard
Patchett
Ready
Richmond
Ros
Sample



Martin
Martinez
Mills
Ogden
Pajcic
Peeples
Press
Reddick
Silver



Sanderson
Selph
Shackelford
Shelley
Simone
Stewart
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Wetherell
Williams
Woodruff



Simon
Smith
Spaet
Thomas
Titone
Young



The motion was not agreed to by the required Constitutional
two-thirds vote and HJR 30-B was not admitted for introduction.
On motion by Rep. Kutun, Chairman, without objection, the rules
were waived and the Committee on Finance & Taxation was given
permission to add a PCB relating to charitable contributions to the
agenda for its meeting at 9:00 a.m. tomorrow.
On motion by Rep. Morgan, Chairman, without objection, the
rules were waived and the Committee on Appropriations and its
subcommittees were given permission to meet this afternoon and



June 15, 1983



19











JOURNAL OF THE HOUSE OF REPRESENTATIVES



tomorrow as necessary to consider the appropriations bill and im-
plementing legislation. Notice of the meetings will be posted out-
side the Committee office.
Rep. Thompson moved that the House stand in recess, upon the
receiving of Reports, for the purpose of holding committee meetings
and conducting other House business, to reconvene at 2:00 p.m.
tomorrow or upon call of the Speaker. The motion was agreed to.


Reports of Standing Committees

The Committee on Community Affairs recommends the following
pass: HB 1-B

The above bill was placed on the Calendar.

The Committee on Health & Rehabilitative Services recommends
the following pass: HB 3-B

The Committee on Regulatory Reform recommends the following
pass: HB 15-B

The above bills were referred to the Committee on Appro-
priations.

The Committee on Criminal Justice recommends the following
pass: HB 26-B, with amendments

The Committee on Regulatory Reform recommends the following
pass: HB 18-B

The above bills were referred to the Committees on Finance
& Taxation and Appropriations.


Recessed
Pursuant to the motion previously agreed to, the House recessed
at 11:29 a.m. to reconvene at 2:00 p.m. tomorrow or upon call of the
Speaker.



CHAMBER ACTION ON BILLS
JUNE 15, 1983

HB 1-B-Introduction allowed; referred to Community Affairs
HB 3-B-Introduction allowed; referred to Health & Rehabili-
tative Services, Appropriations
HB 4-B-Introduction allowed; referred to Commerce
HB 5-B-Introduction allowed; referred to Commerce
HB 6-B-Introduction refused
HB 7-B-Introduction allowed; referred to Commerce
HB 8-B-Introduction allowed; referred to Commerce
HB 9-B- Introduction allowed; referred to Commerce
HB 10-B-Introduction allowed; referred to Commerce
HB 11-B-Introduction allowed; referred to Commerce, Appro-
priations
HB 12-B-Withdrawn
HB 13-B-Introduction allowed; referred to Transportation, Fi-
nance & Taxation, Appropriations
HB 14-B-Introduction refused; reconsidered; introduction al-
lowed; referred to Regulated Industries & Licensing,
Finance & Taxation, Appropriations
HB 15-B-Introduction allowed; referred to Regulatory Reform,
Appropriations
HB 16-B-Introduction allowed; referred to Commerce
HB 17-B-Introduction allowed; referred to Commerce, Appro-
priations
HB 18-B-Introduction allowed; referred to Regulatory Reform,
Finance & Taxation, Appropriations
HB 21-B-Introduction refused
HB 22-B-Introduction allowed; referred to Growth Management,
Appropriations
HB 23-B-Introduction allowed; referred to Commerce
HB 24-B-Introduction refused
HB 25-B-Introduction allowed; referred to Natural Resources,
Appropriations
HB 26-B-Introduction allowed; referred to Criminal Justice,
Finance & Taxation, Appropriations
HB 27-B-Introduction refused
HB 28-B-Introduced, referred to Natural Resources, Finance
& Taxation, Appropriations
HB 29-B-Introduction allowed; referred to Corrections, Pro-
bation & Parole, Appropriations
HJR 30-B--Introduction refused



[Source: Legislative Information Division]



20



June 15, 1983
















SJounfal OF THE


'House of Representatives


SECOND SPECIAL SESSION-"B" of 1982-1984



The House was called to order by the Speaker at 2:00 p.m.

Prayer
Prayer was offered by Representative Betty Easley.
The following Members were recorded present:



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kelly



Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Excused: Representative Cosgrove, upon the birth of a daughter;
Representative Lehman, recuperating from surgery
A quorum was present.
Representatives Kelly, Brantley, Friedman, Reynolds, Shackel-
ford, and Woodruff, members of the Oversight Subcommittee of the
Committee on Corrections, Probation & Parole, were excused at
3:00 p.m. for the purpose of meeting.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of June 15 was corrected and approved as follows:
On page 5, column 1, line 15 from top, strike "schedule" and insert
"scheduled"; on page 7, column 1, strike line 12 from bottom and



insert "viding effective dates."; on page 11, column 2, line 2 from
top, strike "637.331" and insert "637.311"

Introduction and Reference
On motions by Rep. Burrall, without objection, the rules were
waived and-

By Representatives Burrall and Burnsed-
HR 33-B-A resolution expressing gratitude, affection, and re-
spect to all fathers.
WHEREAS, Sunday, June 19, 1983, is Father's Day, on which
affection and respect are formally extended to all fathers, and
WHEREAS, the highest ideals and the noblest principles of life
are found in the sacrifice and devotion of fathers, and
WHEREAS, never before has the House of Representatives been
in session in a timely manner to honor fathers, and
WHEREAS, it is appropriate that the members and staff of the
House of Representatives put aside for a moment the preoccupation
with legislation, and acknowledge the debt of gratitude owed to all
fathers for their strength and guidance, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida"
That the members of the House of Representatives do hereby
express to their respective fathers and to all fathers, on behalf of
the citizens of the State of Florida, personal affection, heartfelt
gratitude, and esteemed respect.
BE IT FURTHER RESOLVED that this resolution be spread
upon the Journal of the House as a tangible token of the love and
respect that the members hold for all fathers.
-was read the first time by title, second time in full, and adopted.

By Representatives Williams, Martin, and Logan-
HB 41-B-A bill to be entitled An act relating to emergency
management; amending ss. 23.1225 (2), 101.74, 116.111 (4), 160.02 (11),
163.03 (1) (c) and the introductory paragraph of said subsection,
163.360 (9), 175.021, 216.231 (1) (b), 217.01, 250.06 (3), 255.24 (2),
(3), and (4), 287.25 (14), 287.28, 365.171 (4) (b), 376.13 (1) and (2),
401.015, 409.60, 600.021 (3), and 876.16 (4), Florida Statutes, and
ss. 220.02 (7) (b) and (8) (b), 220.03 (1) (g), (h), and (p), 395.005 (1) (b),
401.33 (5), and 790.25 (3) (c), Florida Statutes, 1982 Supplement,
modifying terminology to provide for state and local emergency
management systems, rather than disaster preparedness and civil
defense systems; revising various provisions of chapter 252, Florida
Statutes, the "State Disaster Preparedness Act of 1974," and re-
naming same as the "State Emergency Management Act"; con-
forming terminology; modifying definitions; modifying provisions
relating to powers of the Division of Public Safety Planning and
Assistance of the Department of Community Affairs to remove
provisions relating to powers of the Governor; clarifying certain
division powers; providing for annual division reports; clarifying

1



A digest of today's Chamber action appears on last page



Number 2



Thursday, June 16, 1983











JOURNAL OF THE HOUSE OF REPRESENTATIVES



provisions relating to powers of the Governor in time of emergency;
increasing from 30 to 60 days the period that a declared state of
emergency may continue without renewal; deleting the require-
ment that the Governor appoint full-time state and area directors;
reorganizing provisions relating to financing to include authority
to accept services, gifts, grants, and loans; clarifying provisions
relating to powers of political subdivisions with respect to emer-
gency management; authorizing municipalities to form municipal
emergency management agencies and providing for coordination of
the activities thereof with county activities; modifying provisions
relating to local appointment of directors; deleting provisions au-
thorizing political subdivisions to create disaster advisory councils;
authorizing political subdivisions to request state assistance or in-
voke mutual-aid assistance by declaring a state of local emergency;
providing limitations thereon; providing that certain interjurisdictional
arrangements may be established upon request of two or more
adjoining political subdivisions; providing for division assessment
of the need for such arrangements; authorizing political subdivi-
sions to enter into mutual-aid arrangements directly, rather than
through the division, under specified conditions; authorizing the
lease or loan of state property to the various federal emergency
management agencies under certain conditions; correcting out-of-
date cross-references; providing for liability of organizations; di-
recting the wing commander of the Florida Wing of the Civil Air
Patrol to make certain annual reports; renaming the Bureau of
Disaster Preparedness within the division as the "Bureau of Emer-
gency Management"; repealing s. 252.49, Florida Statutes, relating
to authority to accept services, gifts, grants, and loans; providing
an effective date.
Rep. Martin moved that HB 41-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:

Yeas-102



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burrall
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch



Drage
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, D. L.
Kelly



Nays-7
Carpenter Gardner
Dudley Lewis



Kutun
Lawson
Lehtinen
Liberti
Lippman
Locke
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Murphy
Nergard
Ogden
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Shackelford
Webster



Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Weinstock
Wetherell
Williams
Young





Woodruff



Votes after roll call:
Yeas-Logan, C. F. Jones
The motion was agreed to by the required Constitutional two-
thirds vote and HB 41-B was read the first time and introduced.



By Representative Spaet-
HB 45-B-A bill to be entitled An act relating to receptive tour
operators; amending s. 559.925 (1), Florida Statutes, 1982 Supple-
ment, as amended by Committee Substitute for House Bill 1020,
enacted at the 1983 Regular Session of the Legislature; defining
"foreign tourists"; providing an effective date.
Rep. Spaet moved that HB 45-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:



Yeas-107
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deutsch



Drage
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, D. L.
Kelly



Kutun
Lawson
Lehtinen
Liberti
Lippman
Locke
Logan
Mackenzie
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Nays-7
Carpenter Deratany Gardner
Clements Dudley Lewis



Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Young



Woodruff



Votes after roll call:
Yeas-C. F. Jones
The motion was agreed to by the required Constitutional two-
thirds vote and HB 45-B was read the first time and introduced.

By Representatives Ready, Burnsed, C. F. Jones, Dantzler, Kutun,
and Martinez-
HB 31-B-A bill to be entitled An act relating to pugilistic
exhibitions; creating s. 14.27, Florida Statutes; creating the State
Athletic Commission under the Department of Business Regula-
tion; providing for appointment of members; creating ss. 548.041-548.49,
Florida Statutes; providing for compensation and terms of office of
members of the commission; providing for the adoption of rules;
providing for an executive secretary and defining his duties; provid-
ing definitions; regulating boxing in the state; exempting schools
and Olympic events; granting exclusive jurisdiction over all boxing
matches to the commission; providing rules and requirements for
boxing; establishing a minimum age for boxers; requiring a physi-
cian, referees, and judges to be in attendance; establishing weight
and class limitations, methods of scoring, and other safety regula-
tions; providing for certain disclosure; prohibiting collusive or sham
contests; regulating purses and their disbursement; providing for
hearings; requiring insurance; requiring certain persons to be li-
censed; requiring permits for boxing matches; establishing proce-



June 16, 1983



22











JOURNAL OF THE HOUSE OF REPRESENTATIVES



dures for licensing; establishing license and permit fees; requiring
the disclosure of receipts from boxing contests; establishing a per-
cent gross receipts tax; providing penalties; establishing a medical
advisory board; regulating the contracts and tickets of admission
relating to boxing matches; requiring certain persons to post bond
or other security prior to licensing; authorizing the commission to
hold hearings, to issue subpoenas, to suspend or revoke licenses,
and to impose fines; providing criminal penalties; prohibiting cer-
tain conflicts of interest; repealing ss. 548.01-548.04, Florida Stat-
utes, relating to pugilistic exhibitions; providing for future repeal
and review; providing an effective date.

Rep. Ready moved that HB 31-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-78



Figg
Friedman
Gallagher
Gordon
Gustafson
Hargrett
Harris
Hawkins, L. R.
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kelly
Kutun
Lawson
Lehtinen



Crotty
Danson
Deratany
Dudley
Evans-Jones
Gardner
Grant
Grindle



Liberti
Lippman
Logan
Mackenzie
Martinez
Meffert
Messersmith
Mitchell
Murphy
Nergard
Ogden
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond
Robinson



Hanson
Hazouri
Johnson, R. M.
Jones, D. L.
Lewis
McEwan
Metcalf
Morgan



Ros
Sample
Sanderson
Shelley
Silver
Simon
Spaet
Stewart
Thomas
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Weinstock
Williams
Young



Abrams
Allen
Arnold
Bailey
Bankhead
Bass
Bronson
Brown, C.
Burnsed
Casas
Clark
Combee
Cortina
Crady
Dantzler
Davis
Deutsch
Drage
Dunbar
Easley

Nays-32
Armstrong
Bell
Brantley
Brown, T. C.
Burke
Carlton
Carpenter
Clements



The motion was not agreed to by the required Constitutional
two-thirds vote and HB 31-B was not admitted for introduction.

By the Committee on Appropriations-
HB 36-B-A bill to be entitled An act relating to state financial
matters; amending ss. 215.20, 215.37 (3), 570.20, 376.11 (5), 350.113 (2),
378.101 (1) (i), 211.32 (1) (f), 211.02 (1), 718.509, 498.019,721.28,655.049,
267.051 (2) (d), 493.316, 960.21 (3), Florida Statutes; amending ss.
378.031 (1), 395.512, 601.15 (7) (a), (b), Florida Statutes, 1982 Sup-
plement; amending ss. 206.60 (2) (a), 206.605 (2), 215.22, Florida
Statutes, as amended by chapter 83-3, Laws of Florida; increasing
the service charge imposed on certain moneys and trust funds;
applying the service charge to certain trust funds; adding subsec-
tion (4) to s. 215.26, Florida Statutes, providing that said section is
the exclusive remedy for refunds between individual funds and
accounts in the State Treasury; amending s. 206.875 (1), Florida
Statutes, providing for the applicability of a service charge to the
taxes levied on special fuels under part II of chapter 206, Florida
Statutes; amending s. 336.025 (2), Florida Statutes, as created by
chapter 83-3, Laws of Florida, providing for applicability of the
service charge to the Local Option Tax Trust Fund; specifying



applicability; providing for retroactive operation; providing an ef-
fective date.
-was read the first time by title. On motions by Rep. Morgan, the
rules were waived and HB 36-B was read the second time by title
and the third time by title. On passage, the vote was:



Yeas-78
The Chair
Abrams
Allen
Bailey
Bass
Bell
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Clements
Cortina
Davis
Deutsch
Drage
Dunbar

Nays-36
Armstrong
Arnold
Bankhead
Brantley
Bronson
Carpenter
Combee
Crady
Crotty



Easley
Figg
Friedman
Gallagher
Gardner
Grant
Gustafson
Hargrett
Hawkins, L. R.
Hazouri
Healey
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Kelly
Kutun
Lawson
Lehtinen
Liberti



Danson
Dantzler
Deratany
Dudley
Evans-Jones
Grindle
Hanson
Harris
Hawkins, M. E.



Lippman
Locke
Logan
Mackenzie
Martin
Martinez
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Pajcic
Peeples
Press
Reddick
Reynolds
Richmond
Robinson



Hill
Hodges
Hollingsworth
Jones, C. F.
Jones, D. L.
Lewis
McEwan
Nergard
Patchett



Ros
Sanderson
Shelley
Silver
Simon
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Watt
Weinstock
Wetherell
Young



Ready
Sample
Selph
Shackelford
Simone
Upchurch
Webster
Williams
Woodruff



Votes after roll call:
Yeas to Nays-Clements, Kelly, Locke, Meffert, Mitchell
So the bill passed and was immediately certified to the Senate.


By the Committee on Appropriations-
HB 40-B-A bill to be entitled An act making appropriations;
providing moneys for the annual period beginning July 1, 1983,
and ending June 30, 1984, to pay salaries, other expenses, capital
outlay-buildings and improvements, and for other specified pur-
poses of the various agencies of State government; providing an
effective date.
-was read the first time by title. On motion by Rep. Morgan, the
rules were waived and the bill was read the second time by title.


Representative Gustafson offered the following amendment:
Amendment 1-In Section 1, Item 390, strike:
80,539,736
and insert:
80,145,261



and insert a new item 339 B to read:
Study of quality instruction in-
centives.



Selph
Shackelford
Simone
Smith
Upchurch
Webster
Wetherell
Woodruff



23



394,475



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Rep. Gustafson moved the adoption of the amendment. Without
objection, further consideration of the amendment was temporarily
deferred. Subsequently, the amendment was withdrawn.

Representatives Gordon and Gardner offered the following
amendment:



Amendment 2-In Section 1, page 111, insert:



925B Lump Sum
Educational Facilities Inspec-
tions-CS/SB 110
Insurance Commissioners Reg-
ulatory Trust Fund



9



245,000



Funds and positions provided in Specific Appropriation 925B are
contingent upon CS/SB 110 or similar legislation becoming law.
Rep. Gardner moved the adoption of the amendment. Without
objection, further consideration of the amendment was temporarily
deferred.

Subsequently, Representatives Gordon and Gardner offered the
following substitute amendment:
Substitute Amendment 2-In Section 1, Item 892 strike:
Salaries & Benefits
From Insurance Commission-
er Regulatory Trust Fund 2,750,534
and insert: Item 892
Salaries & Benefits
From Insurance Commission-
ers Regulatory Trust Fund 2,505,534
insert:
925B Lump Sum
Educational Facilities Inspec-
tions-CS/SB 110
From Insurance Commission-
ers Regulatory Trust Fund 9 pos. 245,000
Proviso:
Funds and positions provided in Specific Appropriation 925B are
contingent upon CS/SB 110 or similar legislation becoming law.
Rep. Gardner moved the adoption of the substitute amendment,
which was adopted.

Representative Gardner offered the following amendment:
Amendment 3-In Section 1, page 18, strike in Proviso following
Specific Appropriation 208 "$25,000" and insert: $50,000
Rep. Gardner moved the adoption of the amendment, which was
adopted.

Representatives Selph and Kelly offered the following amendment:



Amendment 4-In Section 1, Item #159 strike:
Salaries and Benefits
General Revenue
Administrative Trust Fund
and insert:
Salaries and Benefits
General Revenue
Administrative Trust Fund
and insert after Specific Appropriation #159, Proviso:



582,821
694,297



573,278
682,847



Department of Business Regulation, by 33/a% or $20,993, and no
other funds shall be used to replace this reduction.
Rep. Selph moved the adoption of the amendment. On motion by
Rep. Kutun, the amendment was laid on the table. The vote was:

Yeas-61



Abrams
Allen
Armstrong
Arnold
Bass
Bell
Brown, T. C.
Burke
Carpenter
Clark
Clements
Dantzler
Davis
Deutsch
Figg
Friedman

Nays-52
Bailey
Bankhead
Brantley
Bronson
Brown, C.
Burnsed
Casas
Combee
Cortina
Crady
Crotty
Danson
Deratany



Gardner
Gordon
Gustafson
Hargrett
Hawkins, L. R.
Hazouri
Healey
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Kutun
Lawson
Lehtinen
Liberti



Drage
Dudley
Dunbar
Easley
Evans-Jones
Gallagher
Grant
Grindle
Hanson
Harris
Hawkins, M. E.
Hill
Johnson, R. M.



Lippman
Logan
Mackenzie
Martin
Martinez
Metcalf
Mills
Mitchell
Morgan
Ogden
Pajcic
Peeples
Press
Reaves
Reynolds
Robinson



Jones, C. F.
Jones, D. L.
Lewis
Locke
McEwan
Messersmith
Murphy
Nergard
Patchett
Ready
Reddick
Richmond
Ros



Silver
Simon
Spaet
Stewart
Thomas
Thompson
Titone
Tobin
Wallace
Ward
Weinstock
Wetherell
Young



Sample
Sanderson
Selph
Shackelford
Shelley
Simone
Smith
Tobiassen
Upchurch
Watt
Webster
Williams
Woodruff



Representative Gordon offered the following amendment:
Amendment 5-In Section 3, page 183, insert:



Division of State Lands
1669AA Fixed Capital Outlay
North Dade County Land Pur-
chase
From Special Acquisition Trust
Fund



8,500,000



Funds in Specific Appropriation 1669AA shall be used to acquire
approximately 300 acres of land in North Dade County from the
City of North Miami.
Rep. Gordon moved the adoption of the amendment, which was
adopted.

Representative Gordon offered the following amendment:
Amendment 6-In Section 1, page 146, insert:



1317A Special Categories
Transfer to Special Acquisition
Trust Fund
From CARL Trust Fund



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



Funds provided in Specific Appropriation 159 require the reduction Representatives Morgan, Gardner, and Mills offered the following
of the salaries and benefits of position #9651, the Secretary of the amendment:



24



June 16, 1983



8,500,000










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Amendment 7-In Section 1, insert:
532B Lump Sum 66
Implementation of the Water
Quality Assurance Act of 1983
From Water Quality Assur-
ance Trust Fund



28,000,000



Funds in Specific Appropriation 532B are contingent upon HB
47-B or similar legislation becoming law and are allocated as follows:
Data Collection, $350,000; Pesticides, $490,000; Groundwater moni-
toring, $2,943,000; Package Plants, $407,000; Local Hazardous Waste
Management, $1,810,000; Emergencies, Super Fund Sites, State
Sites, Amnesty Days, Artesian Well Plugging, and other programs
mandated by the act, $22,000,000.
Rep. Gardner moved the adoption of the amendment, which was
adopted.
On motion by Rep. Easley, without objection, a time certain,
3:15 p.m., was set as the deadline for acceptance of amendments to
HB 40-B.

Representatives Morgan, Gardner, and Mills offered the following
amendment:
Amendment 8-In Section 1, strike:



73A



Lump Sum
Pesticide Testing CS/CS/HB 1129
From General Inspection Trust
Fund



6



Funds appropriated in Specific Appropriation 73A are co
upon CS/CS/HB 1129 or similar legislation becoming law.
and insert:



73A



Lump Sum
Pesticide Review HB 47B
From General Inspection Trust
Fund



6



128,147
ntingent



Funds in Specific Appropriation 67B are contingent upon HB 47-B
or similar legislation becoming law.
Rep. Gardner moved the adoption of the amendment, which was
adopted.

Representatives Morgan, Gardner, and Mills offered the follow-
ing amendment:
Amendment 11-In Section 1, insert:



1413B



Lump Sum
Transfer to State Water Pollution
Control Trust Fund
From General Revenue Fund



125,000,000



Funds in Specific Appropriation 1413B are contingent upon HB 47-B
or similar legislation becoming law.
Rep. Gardner moved the adoption of the amendment, which was
adopted.

Representatives Morgan, Gardner, and Mills offered the follow-
ing amendment:
Amendment 12-In Section 1, insert:



532B Lump Sum
Implementation of the Water
Quality Assurance Act of 1983
From Water Quality Assur-
ance Trust Fund
Proviso:



66 pos. 28,000,000



Funds in Specific Appropriation 532B are contingent upon HB 47-B
or similar legislation becoming law and are allocated as follows:
Data collection, 350,000; Pesticides, 490,000; Groundwater monitor-
ing, $2,943,000; Package plants, 407,000; Local Hazardous Waste
Management, $1,810,000; Emergencies, Super Fund sites, state
sites, amnesty days, artesian well plugging and other programs
167,000 mandated by the Act, 22,000,000.



Funds in Specific Appropriation 73A are contingent upon HB 47-B Rep. Gardner moved the adoption of the amendment, which was
or similar legislation becoming law. adopted.



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



Representatives Morgan, Gardner, and Mills offered the follow-
ing amendment:



Representatives Morgan, Gardner, and Mills offered the following Amendment 13-In Section 1, insert:
amendment:



Amendment 9-In Section 1, insert:
1373A Lump Sum
Transfer to Department of Agri-
culture, Division of Consumer
Services-Accelerated Soil Sur-
vey
From Professional Regulation
Trust Fund



1,216,200



Funds in Specific Appropriations 1373A are contingent upon HB 47-B
or similar legislation becoming law.
Rep. Gardner moved the adoption of the amendment, which was
adopted.

Representatives Morgan, Gardner, and Mills offered the follow-
ing amendment:
Amendment 10-In Section 1, insert:



Lump Sum
Accelerated Soil Survey Program
From General Inspection Trust
Fund



1,216,200



1373A Lump Sum
Transfer to Department of Agri-
culture, Division of
Consumer Services-Accelerated
Soil Survey
From Professional Regula-
tion Trust Fund



1,216,200



Proviso:
Funds in Specific Appropriation 1373A are contingent upon HB
47-B or similar legislation becoming law.
Rep. Gardner moved the adoption of the amendment, which was
adopted.

Representatives Morgan, Gardner, and Mills offered the follow-
ing amendment:
Amendment 14-In Section 1, insert:



1413B Lump Sum
Transfer to State Water Pol-
lution Control Trust Fund
From General Revenue
Fund



125,000,000



67B



June 16, 1983



25










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Proviso:
Funds in Specific Appropriation 1413B are contingent upon HB
47-B.or similar legislation becoming law.
Rep. Gardner moved the adoption of the amendment, which was
adopted.

Representatives Morgan, Gardner, and Mills offered the follow-
ing amendment:
Amendment 15-In Section 1, strike:



674A Lump Sum
Pesticide Testing CS/CS/HB 1129
From Pest Control Trust Fund 3 pos.



120,476



Proviso:
Funds provided in Specific Appropriation 674A are contingent upon
CS/CS/HB 1129 or similar legislation becoming law.
In HRS, Assistant Secretary for Operations changes for pesticide
testing of groundwater resulting from changes to water resources
bill. All trust funds.
and insert.



674A Lump Sum
Pesticide Testing
From Pest Control Trust
Fund



1 pos.



66,000



Proviso:
Funds provided in Specific Appropriation 674A are contingent upon
HB 47-B or similar legislation becoming law.
Rep. Gardner moved the adoption of the amendment, which was
adopted.

Representatives Morgan, Gardner, and Mills offered the follow-
ing amendment:
Amendment 16-In Section 1, page 85, strike:
674A Lump Sum
Pesticide Testing CS/CS/HB
1129 3
From Pest Control Trust
Fund 120,476
Proviso:
Funds provided in Specific Appropriation 674A are contingent upon
CS/CS/HB 1129 or similar legislation becoming law.



and insert:
674A Lump Sum
Pesticide Testing
From Pest Control Trust
Fund



1



Proviso:
Funds provided in Specific Appropriation 674A are contingent upon
HB 47-B or similar legislation becoming law.
Rep. Gardner moved the adoption of the amendment, which was
adopted.

Representatives Morgan, Gardner, and Mills offered the follow-
ing amendment:
Amendment 17-In Section 1, strike:
532B Lump Sum
Artesian Well Plugging



CS/CS/HB 1129
From Water Quality Assur-
ance Trust Fund
532C Lump Sum
Hazardous Waste Clean Up CS/
CS/HB 1129
From Water Quality Assur-
ance Trust Fund
532D Lump Sum
Hazardous Waste Management
CS/CS/HB 1129
From Water Quality Assur-
ance Trust Fund
532E Lump Sum
Hazardous Waste-Short Term
Emergency CS/CS/HB 1129
From Environmental Short-
term Emergency Trust Fund



532F



Lump Sum
Inspection of Package Plants
CS/CS/HB 1129
From Water Quality Assur-
ance Trust Fund



532G Lump Sum
Pesticides & Groundwater Mon-
itoring CS/CS/HB 1129
From Water Quality Assur-
ance Trust Fund



2,000,000



4 pos.



10,000,000



19 pos.



625,000




6,000,000



24 pos.



815,000



34 pos.



5,103,194



Rep. Gardner moved the adoption of the amendment, which was
adopted without objection.

Representatives Morgan, Gardner, and Mills offered the follow-
ing amendment:
Amendment 18-In Section 1, strike:



532H Lump Sum
Water Quality Data Collection
CS/CS/HB 1129
From Water Quality Assur-
ance Trust Fund



9 pos.



698,000



Funds and positions appropriated in Specific Appropriations 532B,
532C, 532D, 532E, 532F, 532G and 532H are contingent upon CS/
CS/HB 1129 or similar legislation becoming law.
Rep. Gardner moved the adoption of the amendment, which was
adopted without objection.

Representative Lippman offered the following amendment:
Amendment 19-In Section 01, Item 308 insert:
It is the intent of the Legislature that up to $347,000 of Specific
Appropriation 308 be used to establish a demonstration project at
the University of South Florida Medical Center for the purpose
of increasing the availability of physicians to underserved urban
and rural areas. The demonstration project shall emphasize the
onsite training in underserved urban areas of medical students,
beginning in the first year of medical and osteopathic education.
Such onsite training shall be conducted in existing community
medical facilities that serve medically indigent individuals, and
shall include the use of physician extenders.
Rep. Lippman moved the adoption of the amendment, which was
adopted without objection.

Representative Morgan offered the following amendment:
Amendment 20-In Section 01, Item 389 insert after the proviso:



26



June 16, 1983











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Up to $300,000 of Specific Appropriation 389 may be expended on
an intervention program.
Rep. Pajcic moved the adoption of the amendment, which was
adopted.
On motion by Rep. Morgan, the rules were waived and HB 40-B,
as amended, was read the third time by title. Pending roll call,
without objection, further consideration of HB 40-B was temporar-
ily deferred.
On motion by Rep. Morgan, without objection, the House ad-
vanced to the order of Messages from the Senate for the purpose of
taking up SB 1-B.

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has passed, as amended, SB 1-B and requests the concur-
rence of the House.
Joe Brown, Secretary

By Senator Johnston-
SB 1-B-A bill to be entitled An act making appropriations;
providing moneys for the annual period beginning July 1, 1983,
and ending June 30, 1984, to pay salaries, other expenses, capital
outlay buildings and improvements, and for other specified pur-
poses of the various agencies of State government; providing an
effective date.
-was read the first time by title. On motion by Rep. Morgan, the
rules were waived and the bill was read the second time by title.

Rep. Morgan offered an amendment striking everything after the
enacting clause and inserting the text of HB 40-B. Under Rule 11.7,
the amendment was not printed in the Journal.
Rep. Morgan moved the adoption of the amendment, which was
adopted without objection.
On motion by Rep. Morgan, the rules were waived and SB 1-B, as
amended, was read the third time by title. On passage, the vote
was:


Yeas-90



The Chair
Allen
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis



Deratany
Drage
Dudley
Dunbar
Easley
Evans-Jones
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Johnson, B. L.
Johnson, R. C.



Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kelly
Kutun
Lawson
Lewis
Lippman
Locke
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Nergard
Ogden
Pajcic
Patchett
Ready
Reddick



Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Simone
Smith
Thompson
Tobiassen
Upchurch
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-28
Abrams
Armstrong
Bailey
Brown, C.
Clark
Deutsch
Figg



Friedman
Healey
Jamerson
Lehtinen
Liberti
Logan
Mackenzie



Metcalf
Murphy
Peeples
Press
Reaves
Reynolds
Silver



Simon
Spaet
Stewart
Thomas
Titone
Tobin
Wallace



So the bill passed, as amended, and was immediately certified to
the Senate after engrossment.
On motion by Rep. Morgan, the rules were waived and the Ap-
propriations Committee staff was given permission to conform items
in the adopted amendments to the bill, to ascertain that engrossed
SB 1-B was technically correct before transmittal to the Senate.

By the Committee on Appropriations-
HB 34-B-A bill to be entitled An act relating to energy appro-
priations; creating the Energy Conservation Grant Act; creating s.
377.704, Florida Statutes; providing legislative intent that funds
received by the state due to settlements of certain federal litigation
relating to petroleum overcharges shall not be expended unless
appropriated by the Legislature; providing appropriations from the
Governor's Office Grants and Donations Trust Fund to specified
agencies for various portions of the State Energy Program; provid-
ing conditions; providing an effective date.
-was read the first time by title. On motions by Rep. Murphy,
the rules were waived and HB 34-B was read the second time by
title and the third time by title. On passage, the vote was:



Yeas-112
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Kelly
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reddick



Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



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



June 16, 1983



27











JOURNAL OF THE HOUSE OF REPRESENTATIVES



By the Committee on Appropriations-
HB 35-B-A bill to be entitled An act relating to financial mat-
ters; amending s. 215.195 (4) and (5), Florida Statutes; providing
that moneys deposited in the State-Federal Relations Trust Fund
shall be deposited quarterly to the General Revenue Fund, unallo-
cated; eliminating reference to the deposit of certain excess funds;
providing an effective date.
-was read the first time by title. On motions by Rep. Gardner,
the rules were waived and HB 35-B was read the second time by
title and the third time by title. On passage, the vote was:

Yeas-116



The Chair
Abrams
Allen
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Kelly
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick



Reynolds
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Williams
Woodruff
Young



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

By the Committee on Appropriations-
HB 38-B-A bill to be entitled An act relating to state govern-
ment; implementing and administering the General Appropriations
Act for fiscal year 1983-1984; providing authority for the Adminis-
tration Commission to approve certain transfers related to reorga-
nization; authorizing the Governor to amend agency budgets under
specified circumstances; providing that persons in the Senior Man-
agement Service shall not be eligible to participate in the salary
incentive program; providing that, with specified exceptions, auto-
mobiles purchased or leased by the state shall be of the subcompact
class; restricting price at which vehicles may be purchased; restrict-
ing lease or installment purchase of vehicles, machines, and equip-
ment by the executive or judicial branches unless approved by the
Comptroller; restricting use of appropriated funds for certain legal
services unless approved by the Attorney General; providing that
certain unexpended balances of appropriations to the Department
of Transportation shall be certified forward at the end of the fiscal
year; providing for certain reduction in the assigned FTE for each
community college; providing that specific appropriations in the
General Appropriations Act may be advanced as provided; provid-



ing that appropriations to the Department of Education are subject
to approval by the Commissioner of Education of certain purchases
of electronic data processing equipment by school districts, commu-
nity colleges, and the Board of Regents; requiring the Commis-
sioner of Education to conduct an allocation conference prior to
distribution of FEFP formula funds; directing the Commissioner of
Education to conduct certain enrollment estimating conferences,
and to report the results thereof; directing the Commissioner of
Education to review adult education programs and to report the
results thereof; authorizing school districts to contract with non-
public residential schools for educational programs not otherwise
available and providing conditions, eligibility, and funding with
respect thereto; authorizing the Department of General Services to
delegate certain accounting responsibility; repealing s. 5 of chapter
81-92, Laws of Florida, which relates to the repeal of provisions
relating to the depositing of certain fees in the Corporations Trust
Fund; providing effective and expiration dates.
-was read the first time by title. On motion by Rep. Morgan, the
rules were waived and HB 38-B was read the second time by title.

The Committee on Appropriations offered the following amendment:
Amendment 1-On page 8, between lines 24 & 25, insert a new
Section 17 and renumber subsequent sections: Section 17. The De-
partment of Education shall conduct a pilot program to provide
transportation to students in grades K-9 in a district with a mini-
mum of 200,000 unweighted FTE's and where the following haz-
ardous walking conditions are present:
(a) Walkways parallel to the road.-
1. It shall be considered a hazardous walking condition with
respect to any road along which students must walk in order to
walk to and from school if there is not an area at least 4 feet wide
adjacent to the road, having a surface upon which students may
walk without being required to walk on the road surface. In addi-
tion, whenever the road along which students must walk is un-
curbed and has a posted speed limit of 55 miles per hour, the area
as described above for students to walk upon shall be set off the
road by no less than 3 feet from the edge of the road.
2. The provisions of subparagraph 1 do not apply when the road
along which students must walk:
a. Is in a residential area which has little or no transient traffic;
b. is a road on which the volume of traffic is less than 180
vehicles per hour, per direction, during the time students walk to
and from school, unless the road contains an obstruction limiting the
existing visibility to less than the safe stopping distance; or
c. is located in a residential area and has a posted speed limit of
30 miles per hour or less.
(b) Walkways perpendicular to the road.-It shall be considered
a hazardous walking condition with respect to any road across
which students must walk in order to walk to and from school:
1. If the crossing site is uncontrolled and a traffic signal is
warranted pursuant to rules adopted by the Department of Transpor-
tation. For purposes of this subsection, an "uncontrolled crossing
site" is defined as an intersection or other designated crossing site
where no crossing guard, traffic enforcement officer, or stop sign or
other traffic control signal is present during the times students
walk to and from school.
2. If the rating index number for the crossing site as computed
from a rating index formula to be adopted by the State Board of
Education exceeds a level determined by the Board to be safe,
unless crossing guards or other traffic enforcement officers are also
present during the times students walk to and from school. The
crossing site rating index formula adopted by the State Board shall
take into account the number of children crossing at the site, the



number of lanes of roadway crossed, the speed limit of the road
crossed, and whether the crossing site is at an intersection or midblock.



28



June 16, 1983











JOURNAL OF THE HOUSE



The rating index number and the finding regarding whether a
traffic signal is warranted shall be determined by the most current
traffic engineering study conducted by a state or local government
agency.
Rep. Morgan moved the adoption of the amendment, which was
adopted.

The Committee on Appropriations offered the following amendment:
Amendment 2-On page 9, line 1, insert new: Section 19. Sub-
section (4) of section 230.2315, F.S., is amended to read:
230.2315 Educational alternative programs.
(4) Eligibility of Students.-Pursuant to rules adopted by the
State Board of Education, a student may be eligible for an educa-
tional alternative program if the student is disruptive, unsuccess-
ful, or disinterested in the regular school environment as deter-
mined by grades, achievement test scores, referrals for suspension
or other disciplinary action, and rate of absences. Alternative educa-
tion programs shall include students as specified in s. 232.01 (1) (d) 2.,
F.S., who could benefit from a special class or program better suited
to their special needs. Bilingual education programs shall not be
considered within the definition of alternative education programs.
Intensive English language instruction, however, may be provided
for students whose native language is other than English. (renumber
subsequent section)
Rep. Morgan moved the adoption of the amendment, which was
adopted.
On motion by Rep. Morgan, the rules were waived and HB 38-B,
as amended, was read the third time by title. On passage, the vote
was:

Yeas-117



The Chair
Abrams
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch
Drage



Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kelly
Kutun



Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond
Robinson



Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None

Votes after roll call:
Yeas-Allen



OF REPRESENTATIVES 29

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

By the Committee on Appropriations-



HB 37-B-A bill to be entitled An act relating to fiscal matters;
creating s. 215.322, Florida Statutes; providing that a state agency
may accept credit cards in payment for certain goods and services
under specific circumstances; adding subsection (8) to s. 215.422,
Florida Statutes; authorizing the Comptroller to adopt rules relat-
ing to advance payments; adding subsection (5) to s. 215.44, Florida
Statutes; exempting certain procedures of the State Board of Ad-
ministration, relating to the investment of funds, from the provi-
sions of chapter 287, Florida Statutes; amending s. 216.031 (3), Flor-
ida Statutes, as amended, relating to budgets for operational
expenditures; amending s. 216.181 (7), Florida Statutes, as amend-
ed, and adding a new subsection (4) to said section, to provide
authority to the Executive Office of the Governor to consolidate two
or more fixed capital outlay appropriations to improve contract
administration and to approve changes in state trust fund appro-
priations; amending s. 216.192 (1), Florida Statutes, as amended,
relating to schedule for releases for fixed capital outlay appropria-
tions; amending s. 216.292 (2) and (3), Florida Statutes, as amend-
ed; renumbering s. 216.292 (4), Florida Statutes, and adding new
subsections (4), (5), (6), (7), and (8) to said section; providing for the
transfer of appropriations for operations and fixed capital outlay;
providing for transfer to accounts established for disbursement pur-
poses, and for transfers from the working capital fund; providing
for transfers of funds when a state agency is delinquent on reim-
bursements due the Unemployment Compensation Trust Fund or
payments for insurance coverage; providing procedure relating to
payment for telephone services provided by the Division of Com-
munications of the Department of General Services; amending s.
216.301 (1) (a), Florida Statutes, as amended, relating to undisbursed
balances; providing an effective date.
-was read the first time by title. On motion by Rep. Morgan, the
rules were waived and HB 37-B was read the second time by title.

The Committee on Appropriations offered the following amendment:
Amendment 1-On page 10, line 14, insert a new Section 10.:
Section 10. Personnel and positions which are transferred from the
Department of General Services to the Information and Resource
Commission pursuant to Section 4 of CS/HB 179, shall be exempt
from the career service system, and all other positions assigned to
the Commission shall be exempt from the career service system.
Unless otherwise fixed by law, the Department of Administration
shall set the salaries of these positions. (Renumber subsequent
sections)
Rep. Gardner moved the adoption of the amendment, which was
adopted without objection.
On motion by Rep. Morgan, the rules were waived and HB 37-B,
as amended, was read the third time by title. On passage, the vote
was:

Yeas-116



The Chair
Abrams
Allen
Armstrong
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke



Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler



Davis
Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon



Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth



June 16, 1983











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kelly
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie



Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press



Ready
Reaves
Reddick
Reynolds
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet



Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Arnold, Shackelford
So the bill passed, as amended, and was immediately certified to
the Senate after engrossment.



By the Committee on Appropriations-
HB 39-B-A bill to be entitled An act relating to e
facilities construction and funding; authorizing and provi
ing for specified public educational capital outlay project
ing that, unless determined otherwise, at least 10 perc
funds provided shall be expended with small businesses
socially and economically disadvantaged individuals; pr(
effective date.
-was read the first time by title. On motion by Rep. M
rules were waived and HB 39-B was read the second tim(

The Committee on Appropriations offered the following an

Amendment 1-On page 9, lines 24 & 25, strike: FI
Center Completion
(Bay Vista) (construction)
insert: Page 9, lines 24 & 25
FIU Aquatic Center
Completion
(Bay Vista) (construction)
insert: Page 10, line 17
(t) FIU Teaching Gymnasium
Completion
Tamiami Campus (construction)
Rep. Morgan moved the adoption of the amendment,
adopted without objection.
On motion by Rep. Morgan, the rules were waived and
as amended, was read the third time by title. On passage(
was:

Yeas-114



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell



Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter



Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler



Davis
Derata
Deutscl
Drage
Dudley
Dunbai
Easley
Evans-,
Figg



educational
hiding fund-
Its; provid-
-ent of the
owned by
oviding an

[organ, the
e by title.

.endment:



Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.



Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kelly
Kutun
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell



Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Simon
Simone



Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Shackelford
So the bill passed, as amended, and was immediately certified to
the Senate after engrossment.

Motions Relating to Committee References
On point of order by Rep. Kutun, Chairman, that they do not
affect taxation, the following bills were withdrawn from the Com-
mittee on Finance & Taxation and remain referred to the Commit-
tee on Appropriations: HB's 13-B, 18-B, 26-B, and CS/HB 14-B.
On motion by Rep. Liberti, Chairman, without objection, HB
22-B was withdrawn from the Select Committee on Growth Man-
agement and remains referred to the Committee on Appropriations.



On point of order by Rep. Morgan, Chairman, that they do not
U Aquatic affect appropriations, the following bills were withdrawn from the
Committee on Appropriations and placed on the Calendar: HB's
1,838,000 3-B, 11-B, 13-B, 15-B, CS/HB 17-B, HB's 18-B, 26-B, 29-B, 22-B, 25-B,
and CS/HB 14-B.

By the Committee on Appropriations-
HB 46-B-A bill to be entitled An act relating to education;
1,338,000 amending s. 232.246, Florida Statutes; substantially revising gen-
eral requirements for high school graduation; requiring completion
of specified credits; requiring mastery of performance standards;
amending the introductory paragraph of s. 232.2465, Florida Stat-
utes, 1982 Supplement, and paragraph (1) (a) thereof; including
500,000 developmental research school students in the Florida Academic
which was Scholars' Program; revising requirements for qualification; creat-
ing s. 232.425, Florida Statutes; providing student standards for
participation in interscholastic extracurricular activities; amend-
I HB 39-B, ing s. 229.814 (4), Florida Statutes; revising requirements for the
e, the vote secondary level examination program; amending s. 232.247, Flor-
ida Statutes, relating to special high school graduation require-
ments for exceptional students, revising terminology; providing for
certificates of completion for profoundly handicapped students; cre-
ating s. 229.95, Florida Statutes; providing legislative intent to
further economic development jointly through education, business,
ny industry, and government; creating the Florida High Technology
h and Industry Council, a not for profit corporation; establishing
powers and duties of the council; providing for a feasibility study
for establishment of a Florida School for Applied and High Tech-
r nology; exempting council members from financial disclosure; grant-
ing authority relating to patents, trademarks, and copyrights; pro-
Jones viding for legislative review and repeal of the Florida High Tech-
nology and Industry Council in accordance with the Sundown Act;



30



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



creating s. 229.89, Florida Statutes; establishing, on district, re-
gional, and state levels, the Florida Teacher of the Year awards to
recognize and reward superior performance; amending s. 230.03,
Florida Statutes; providing for management of the district school
system; amending s. 230.23 (4) (m), Florida Statutes, 1982 Supple-
ment, relating to powers and duties of school boards; revising pro-
visions relating to hearings for identification, evaluation, or place-
ment of exceptional students; amending s. 231.36 (3) (a) and (d),
Florida Statutes, 1982 Supplement; providing for issuance of pro-
fessional service contracts after July 1,1984; amending s. 234.211 (2) (b),
Florida Statutes; requiring the same amount of liability insurance
coverage for buses transporting the transportation disadvantaged
and certain school-age children as for buses transporting student
membership; amending s. 237.34 (2) and (3) (b), Florida Statutes,
relating to cost accounting and reporting, to correct cross refer-
ences; providing for review of reports; changing the date for presenta-
tion to the Legislature of the Commissioner of Education's report;
revising contents of such report; deleting obsolete language; creat-
ing s. 237.37, Florida Statutes; requiring an annual School-Site
Program Cost Review by the Commissioner of Education; creating
s. 233.61, Florida Statutes; authorizing the Commissioner of Edu-
cation to promote academic out-of-school learning activities; amend-
ing s. 232.04, Florida Statutes; deleting obsolete provisions and
provisions authorizing early entrance to kindergarten; amending s.
236.081 (6) (b), Florida Statutes; authorizing the Commissioner of
Education to establish the amount of allocation adjustment under
certain conditions; amending s. 29 of chapter 82-242, Laws of Flori-
da; revising the date for repeal and review of the Teacher Educa-
tion Center Act of 1973; repealing s. 234.071, Florida Statutes,
relating to the requirement that school boards arrange for surveys
of school transportation routes; amending s. 231.17 (2) (d), Florida
Statutes, 1982 Supplement; revising the date by which certification
examination requirements must be met; creating s. 240.134, Flor-
ida Statutes, relating to remedial and developmental instruction in
community colleges and state universities; limiting future reme-
dial education courses in community colleges and providing for
shift of responsibility for remedial education to district school boards;
creating s. 232.2455, Florida Statutes; providing for development of
programs of remediation by the district school boards; providing for
access; providing for annual reports to the Legislature; adding sub-
section (3) to s. 240.529, Florida Statutes, 1982 Supplement, relat-
ing to requirements for approval of teacher education programs;
authorizing waiver of specified requirements under certain condi-
tions; providing for an analysis of graduate performance by the
department on request; amending s. 240.60, Florida Statutes, 1982
Supplement; providing priorities with respect to the college career
work experience program; amending s. 246.021 (2), Florida Stat-
utes, 1982 Supplement, relating to nonpublic postsecondary insti-
tutions; revising the definition of "out-of-state college"; creating
the Florida Quality Education Study Commission to study the Flor-
ida public education system; providing for a report to the Legisla-
ture; providing effective dates.
-was read the first time by title. On motion by Rep. Carpenter,
the rules were waived and HB 46-B was read the second time by
title.

Representative Lehtinen offered the following amendment:
Amendment 1-On page 4, line 27, after the word "ACHIEVE-
MENT", insert: Section 1. Paragraph (e) is added to subsection (9) of
section 230.2312, Florida Statutes, 1982 Supplement, to read:
230.2312 Florida Primary Education Program.-
(9) PRIMARY EDUCATION PROGRAM PLANS.-
(e) A district may apply to the commissioner for approval to
update or amend an approved plan. (and renumber the subsequent
sections)
Rep. Lehtinen moved the adoption of the amendment, which was



adopted without objection.



Representative Lehtinen offered the following title amendment:
Amendment 2-On page 1, line 2, after the semicolon, insert:
adding paragraph (e) to s. 230.2312(9), Florida Statutes, 1982 Sup-
plement, authorizing each school district to apply to the Commis-
sioner of Education for approval to update or amend its approved
primary education program plan;
Rep. Lehtinen moved the adoption of the amendment, which was
adopted without objection.
On motion by Rep. Carpenter, the rules were waived and HB
46-B, as amended, was read the third time by title. On passage, the
vote was:



Yeas-116
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Nays-None



Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Kelly
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick



Reynolds
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



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

By the Committee on Appropriations and Representative Mills-
HB 47-B-A bill to be entitled An act relating to water resources;
amending s. 373.026, Florida Statutes, expanding duties of the
Department of Environmental Regulation with respect to collecting
and monitoring data relating to water resources; creating s. 403.063,
Florida Statutes, requiring the department to establish a ground-
water quality monitoring network and providing criteria therefore;
requiring regional and local governments to sample and test ground-
water as directed by the department; requiring the department to
develop a program of inspecting package sewage treatment facili-
ties; amending s. 403.855, Florida Statutes, expanding duties of the
department relating to imminent hazards in water supplies; adding
subsections to s. 373.203, Florida Statutes, providing definitions;
amending s. 373.206, Florida Statutes, expanding the authority of
the department to plug hazardous artesian wells; creating s. 373.207,
Florida Statutes, requiring water management districts to adopt
plans for plugging abandoned artesian wells; providing for review



June 16, 1983



31










JOURNAL OF THE HOUSE OF REPRESENTATIVES



of plans by the department; creating s. 487.0615, Florida Statutes;
establishing the Pesticide Review Council; providing for member-
ship; providing powers and responsibilities; providing for rulemaking
petition; providing reimbursement for travel; creating s. 487.043,
Florida Statutes, providing for the testing of restricted-use pesti-
cides; providing duties of the Pesticide Review Council, the De-
partment of Agriculture and Consumer Services, and the Depart-
ment of Environmental Regulation; providing for future review and
repeal of ss. 487.0615 and 487.043, Florida Statutes; creating an
agriculture policy for the state; adding subsection (4) to s. 570.44,
Florida Statutes, adding a fourth bureau to the Division of Inspec-
tion and providing for certain positions; repealing s. 487.061, Flor-
ida Statutes, 1982 Supplement, abolishing the Pesticide Technical
Council; providing an appropriation to the Pesticide Review Coun-
cil; amending s. 376.11 (4) (b), Florida Statutes, and adding para-
graphs (f) and (g) to subsection (5) of said section, increasing limits
on the balance in the Florida Coastal Protection Trust Fund and
providing for additional disbursements from the fund; amending s.
208.001, Florida Statutes, increasing the tax on the generation of
hazardous wastes; amending s. 403.702 (2) (c), Florida Statutes; pro-
viding legislative intent; adding subsections to s. 403.704, Florida
Statutes; providing additional powers and duties of the Department
of Environmental Regulation; amending s. 403.722 (9) and (10),
Florida Statutes, 1982 Supplement; specifying certain requirements
in certain permitting processes; creating s. 403.7225, Florida Stat-
utes; providing for the preparation of local hazardous waste man-
agement assessments; providing duties of the counties, regional
planning councils, and the department relative to such assessments;
creating the Local Government Hazardous Waste Management Pro-
gram and providing for the allocation of funds; amending s. 403.723,
Florida Statutes; requiring counties to complete a hazardous waste
needs assessment and to choose a site for a hazardous waste storage
facility; providing duties of the Governor and Cabinet; requiring
counties to notify small quantity generators of their responsibilities
annually; requiring such generators to disclose certain information
to the county; providing for verification of such generators' man-
agement practices; providing penalties; requiring counties to fur-
nish information on the assessment and the notification program to
the department; amending s. 403.703 (18), Florida Statutes, rede-
fining the "closure" of a resource recovery and management facili-
ty; amending s. 403.704 (16), Florida Statutes, changing procedures
for the review of department rules stricter than those of the United
States Environmental Protection Agency relating to resource re-
covery and management; amending s. 403.7045 (1) (c), Florida Stat-
utes, 1982 Supplement, correcting a reference; amending s. 403.707 (1)
and (2), Florida Statutes, 1982 Supplement, and adding a subsec-
tion; requiring resource recovery and management facilities and
sites which are closed to be permitted; changing exceptions from
certain permit requirements; restricting the permitting of certain
new sanitary landfills; creating s. 403.726, Florida Statutes, estab-
lishing Amnesty Days for the purging of small quantities of haz-
ardous wastes; amending s. 403.727 (3) and (4), Florida Statutes,
1982 Supplement, and adding a new subsection (4) thereto, increas-
ing penalties for violations of provisions relating to hazardous wastes;
imposing liability upon specified persons for costs and damages
caused by the release or threatened release of hazardous substanc-
es; restricting the ability of government entities to interpose a
defense to such liability; creating s. 501.082, Florida Statutes; re-
quiring specified governmental agencies and institutions of the
State University System to notify the department regarding haz-
ardous materials and management practices; requiring written plans
for management and spill control; providing for siting of a multi-
purpose hazardous waste facility by the state; providing for adop-
tion of siting criteria by the department; providing for adoption of a
site designation by the Environmental Regulation Commission;
directing the commission to contract for construction and operation
of the facility; requiring permitting of the facility; authorizing the
issuance of state bonds; prohibiting hazardous waste landfills and



the issuance of permits therefore; providing for emergency tempo-
rary permits; creating s. 768.131, Florida Statutes, providing im-
munity from liability for persons who assist in cleaning up any
discharge of hazardous materials; providing exceptions; providing



responsibilities of the department; repealing s. 403.729, Florida
Statutes, abolishing the State Hazardous Waste Policy Advisory
Council; creating s. 376.115, Florida Statutes; creating the Water
Quality Assurance Trust Fund; providing funding; authorizing an
excise tax upon registrants operating terminal facilities under cer-
tain circumstances; providing for suspension of the tax in certain
years; providing for collection; providing for administration; adding
subsection (22) to s. 215.22, Florida Statutes, authorizing certain
deductions from the Water Quality Assurance Trust Fund; creating
s. 403.1655, Florida Statutes, creating the Environmental Short-
Term Emergency Response to provide for pollution abatement pro-
cedures; amending s. 381.272, Florida Statutes, 1982 Supplement,
providing for the regulation of onsite, rather than individual, sew-
age disposal systems; changing the types of subdivisions which may
use certain systems; restricting the location of such systems; pro-
viding for equal application of restrictions and rules; changing the
circumstances in which variances may be granted and the proce-
dures therefore; prohibiting certain uses of organic chemical sol-
vents; prohibiting issuance of permits in certain areas; authorizing
temporary permits for experimental systems; deleting provisions
relating to organic waste composting systems; providing for a spe-
cial rule in certain cases; creating s. 381.273, Florida Statutes,
authorizing the Department of Health and Rehabilitative Services
to collect fees for regulating such systems and for certain research;
increasing fees to fund the accelerated soil survey program in the
Department of Agriculture and Consumer Services; providing ap-
propriations; amending ss. 403.1821-403.1824, 403.1826, 403.1829,
Florida Statutes; providing a short title; providing definitions; spec-
ifying eligible uses of the State Water Pollution Trust Fund; pro-
viding for the Department of Environmental Regulation to make
rules with respect to project priorities and certain other matters;
providing for transfer of funds from the State Water Pollution
Control Trust Fund to the Small Community Sewer Construction
Assistance Trust Fund; providing for restrictions on the use of
grant money; providing for transfer of funds from the State Water
Pollution Control Trust Fund to the Small Community Sewer Con-
struction Assistance Trust Fund; providing guidelines for local gov-
ernmental contributions to projects; requiring projects to be self-
sufficient with respect to operation, maintenance, and replacement
costs; providing funding priorities; amending s. 403.1832, Florida
Statutes; designating the department as the state agency to con-
tract with the federal government on certain activities; amending s.
403.804 (3), Florida Statutes; providing duties of the Environmen-
tal Regulation Commission; creating ss. 403.1836-403.1839, Florida
Statutes; creating the Small Community Sewer Construction As-
sistance Trust Fund in the department; providing for grants from
the fund; providing duties of the department regarding such grants;
repealing ss. 403.1827, 403.1828, 403.1830, 403.1831, 403.1833,
Florida Statutes, relating to administering federal grants for water
pollution control and sewage treatment; adding a subsection to s.
212.02, Florida Statutes, 1982 Supplement, as amended, providing
a definition; amending s. 212.11 (1), Florida Statutes, changing
sales tax collection procedures; amending s. 212.12 (2), Florida Stat-
utes, and repealing subsection (5); providing a penalty; transferring
certain funds from general revenue to the State Water Pollution
Control Trust Fund and providing uses therefore; amending s. 403.802,
Florida Statutes, providing legislative policy; amending s. 403.803,
Florida Statutes, providing definitions; amending s. 403.805, Flor-
ida Statutes, authorizing the Secretary of the Department of Envi-
ronmental Regulation to delegate certain powers and duties to the
water management districts; amending s. 403.807, Florida Stat-
utes, providing powers and duties of the Division of Environmental
Programs of the department; amending s. 403.808, Florida Stat-
utes, providing duties of the Division of Environmental Permitting
of the department; adding subsections to s. 403.061, Florida Stat-
utes, authorizing the Department of Environmental Regulation to
adopt rules protecting certain shellfish harvesting waters and regu-
lating certain storage tanks and piping systems; amending s. 403.809,
Florida Statutes, providing for boundaries and management per-
sonnel of environmental districts; amending s. 403.812, Florida



Statutes; providing for delegating certain departmental powers and
duties to the water management districts; providing limitations on



32



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



such powers and duties; amending s. 403.813 (1), Florida Statutes,
1982 Supplement, providing criteria for certain projects for which a
permit is required; amending s. 373.016 (2), Florida Statutes, pro-
viding legislative policy; amending s. 373.026 (7), Florida Statutes,
providing for powers and duties of the department; amending s.
373.106, Florida Statutes, granting the water management districts
exclusive authority to issue certain permits; amending s. 373.114,
Florida Statutes; providing for review by the department of certain
water management district rules; providing procedures for such
review; amending s. 373.116 (1), Florida Statutes; providing for
filing certain permit applications with the districts; amending s.
373.303 (6), Florida Statutes, modifying the definition of "well";
repealing s. 373.303 (9), Florida Statutes; eliminating the exemp-
tion of sand-point wells from well regulations; amending s. 373.308 (1)
and (2), Florida Statutes, and adding a new subsection (3), requiring
the department to authorize water management districts to exer-
cise certain powers; amending s. 373.323, Florida Statutes, provid-
ing for water well contractor's licenses to be issued by the water
management districts; amending s. 373.333, Florida Statutes, pro-
viding for enforcement; providing effective dates.
-was read the first time by title. On motion by Rep. Mills, the
rules were waived and HB 47-B was read the second time by title.

The Committee on Appropriations offered the following amendment:
Amendment 1-On page 28, lines 9-14, strike all language on
lines 9-14 and insert the following: (22) Provide technical assistance
to local and regional governments to insure consistency between
county hazardous waste management assessments, to coordinate
the development of such assessments with the assistance of the
appropriate regional planning councils, to review and make rec-
ommendations to the Legislature relative to the sufficiency of the
plan to meet state hazardous waste management needs.
Rep. Martin moved the adoption of the amendment, which was
adopted without objection.

The Committee on Appropriations offered the following amendment:
Amendment 2-On page 35, lines 27 & 28, insert Section 21 and
renumber subsequent sections: Section 21. Technical Assistance by
the Department.-
The Department of Environmental Regulation shall:
(1) Provide technical assistance to county governments and Re-
gional Planning Councils to insure consistency in coordinating
local and regional hazardous waste assessments as provided in
Section 20 of this act. In order to ensure that each local assess-
ment is properly prepared, and in order to insure all informa-
tion gathered during the assessment is uniformly compiled and
documented, each county or Regional Planning Council shall
contact the Department during the preparation of the local
assessment to receive technical assistance. Each county and
region shall follow guidelines established by the Department
in order to properly prepare these assessments.
(2) Identify short-term and long-term hazardous waste facility and
service needs for the state on the basis of the information
gathered through the county and regional hazardous waste
assessments, and other information from state and federal reg-
ulatory agencies and sources. The state needs assessment shall
be ongoing and updated when new data concerning waste gen-
eration and waste management technologies become available.
On June 1, 1984, and on an annual basis thereafter, a copy of
this assessment shall be sent to the Governor and Cabinet.
Rep. Martin moved the adoption of the amendment, which was
adopted without objection.

The Committee on Appropriations offered the following amendment:
Amendment 3-On page 21, line 11, strike "the Department of



Environmental Regulation" and insert: each member of the Pesti-
cide Review Council



Rep. Mills moved the adoption of the amendment, which was
adopted without objection.

The Committee on Appropriations offered the following amendment:
Amendment 4-On page 28, between lines 24 & 25, insert: Prior
to June 30, 1985 the department shall recommend to the Legisla-
ture a permanent source of funding.
Rep. Mills moved the adoption of the amendment, which was
adopted without objection.

The Committee on Appropriations offered the following amendment:
Amendment 5-On page 54, line 3, strike "$10 million" and
insert: $15 million
Rep. Mills moved the adoption of the amendment, which was
adopted without objection.

Representative Mills offered the following amendment:
Amendment 6-On page 40, line 16, following the word "a",
insert: certified
Rep. Mills moved the adoption of the amendment, which was
adopted without objection.

Representative Mills offered the following amendment:
Amendment 7-On page 81, line 22, strike "(d)" and insert: (a)
Rep. Mills moved the adoption of the amendment, which was
adopted without objection.

Representative Mills offered the following amendment:
Amendment 8-On page 14, line 21, following "(4)" insert: To
the greatest extent practicable
Rep. Mills moved the adoption of the amendment, which was
adopted without objection.

Representatives Morgan and Mills offered the following amendment:
Amendment 9-On page 63, line 22, strike everything after
Section 42 on line 22 and all of lines 23-28. (renumber subsequent
subsections)

Rep. Mills moved the adoption of the amendment, which was
adopted without objection.

Representatives Morgan and Mills offered the following amendment:

Amendment 10-On page 75, lines 21-25, strike all of Section
57 and renumber subsequent sections
Rep. Mills moved the adoption of the amendment, which was
adopted without objection.

Representatives Pajcic and Morgan offered the following amendment:
Amendment 11-On page 73, lines 7 and 15, strike "2,500" and
insert: 1,650
Rep. Pajcic moved the adoption of the amendment, which was
adopted without objection.

Representatives Pajcic and Morgan offered the following amendment:
Amendment 12-On page 97, line 6, strike the period and in-
sert: provided that section 55 shall take effect November 1, 1983.



Rep. Pajcic moved the adoption of the amendment, which was
adopted without objection.



June 16, 1983



33










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Representative Upchurch offered the following amendment:
Amendment 13-On page 52, lines 4-8, strike all of said lines
and insert: (2) Except
Rep. Upchurch moved the adoption of the amendment, which
failed of adoption. The vote was:

Yeas-41



Gustafson
Hargrett
Harris
Hazouri
Hill
Hodges
Hollingsworth
Kutun
Lewis
Liberti
Locke



Crotty
Danson
Dantzler
Davis
Drage
Dunbar
Easley
Gardner
Gordon
Grant
Grindle
Hanson
Hawkins, L. R.
Hawkins, M. E.
Healey
Jamerson
Johnson, B. L.
Johnson, R. M.



Martinez
McEwan
Meffert
Messersmith
Mitchell
Nergard
Pajcic
Reddick
Richmond
Ros
Sample



Jones, C. F.
Jones, D. L.
Lawson .
Lippman
Logan
Mackenzie
Martin
Metcalf
Mills
Morgan
Murphy
Ogden
Patchett
Peeples
Press
Ready
Reaves
Robinson



Sanderson
Shelley
Simon
Titone
Upchurch
Watt
Weinstock
Woodruff






Selph
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Tobiassen
Tobin
Wallace
Ward
Webster
Wetherell
Williams
Young



Votes after roll call:
Yeas to Nays-Figg
On motion by Rep. Mills, the rules'were waived and HB 47-B, as
amended, was read the third time by title. On passage, the vote
was:

Yeas-115



Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson



Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kelly
Lawson
Lehtinen
Lewis
Liberti



Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready



Bankhead
Carlton
Casas
Cortina
Crady
Deratany
Deutsch
Dudley
Evans-Jones
Figg
Gallagher

Nays-69
Abrams
Allen
Armstrong
Arnold
Bailey
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carpenter
Clark
Clements
Combee



Reaves
Reddick
Reynolds
Richmond
Robinson
Ros
Sample
Sanderson



Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart



Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward



Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-1
Kutun
Votes after roll call:
Yeas-Shackelford
So the bill passed, as amended, and was immediately certified to
the Senate after engrossment.


HB 22-B-A bill to be entitled An act relating to state and
regional planning; providing a short title; amending s.11.45 (3) (d),
Florida Statutes, to correct a cross-reference; amending s. 11.60 (1)
and (2), Florida Statutes, increasing the membership of the Admin-
istrative Procedures Committee and requiring the committee to
review the state comprehensive plan, and changes therein, and to
make recommendations to the Legislature; creating s. 23.01, Flor-
ida Statutes, providing legislative findings and intent; amending s.
23.0112, Florida Statutes, providing definitions; creating s. 23.01131,
Florida Statutes, granting certain powers and responsibilities re-
lating to state and regional planning to the Executive Office of the
Governor; amending s. 23.0114 (1), Florida Statutes, transferring
subsection (4) thereof, and adding new subsections thereto; provid-
ing for the preparation of the state comprehensive plan and provid-
ing certain content thereof; providing restrictions upon capital out-
lay recommendations to the Legislature; amending s. 23.013, Florida
Statutes, requiring the Executive Office of the Governor to prepare
a proposed state comprehensive plan and providing for its adoption;
providing for legislative review; providing for implementation of
the plan; creating s. 23.0131, Florida Statutes, requiring state agen-
cies to adopt state agency functional plans; creating s. 23.0132,
Florida Statutes, requiring state agencies to prepare state agency
functional plans consistent with the state comprehensive plan; pro-
viding for review thereof; amending s. 23.015, Florida Statutes,
changing the purposes of the Governor's annual report of the state's
economic condition; amending s. 160.003 (8), Florida Statutes, to
correct a cross-reference; amending s. 160.01 (4), Florida Statutes,
requiring county membership in regional planning councils; amend-
ing s. 160.07, Florida Statutes, changing requirements and adop-
tion procedures for comprehensive regional policy plans; creating s.
160.072, Florida Statutes, requiring certain review of such plans
prior to adoption and requiring consistency with the state compre-
hensive plan; creating s. 160.076, Florida Statutes, providing for
periodic evaluation of such plans; amending ss. 160.08, 160.09, and
165.091 (2), Florida Statutes, to correct cross-references; creating
the Growth Management Trust Fund and providing its purposes;
repealing ss. 23.0115, 23.012, 23.0125, 23.014, 23.016, 23.0161, and
23.017, Florida Statutes, deleting provisions relating to the specifi-
cation of data in the state comprehensive plan, to certain general
powers and duties of the Executive Office of the Governor, to the
development of certain environmental data, to the preparation of
the annual development program, to certain special reports of the
Executive Office of the Governor, to required annual progress re-
ports on state and regional planning, and to authority to contract
for assistance in preparation of reports; repealing s. 160.003 (6),
Florida Statutes, deleting the definition of the Department of Com-
munity Affairs in provisions relating to regional planning councils;
providing an effective date.

-was read the second time by title. On motion by Rep. Liberti,
the rules were waived and the bill was read the third time by title.
On passage, the vote was:



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee



34



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Yeas-101
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bass
Bell
Brantley
Brown, C.
Brown, T. C.
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Davis
Deratany
Deutsch

Nays-10
Bankhead
Bronson
Dantzler



Drage
Dudley
Dunbar
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, D. L.



Easley
Jones, C. F.
Locke



Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Logan
Mackenzie
Martin
Martinez
McEwan
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds



Meffert
Selph
Upchurch



Richmond
Robinson
Ros
Sanderson
Shelley
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young






Williams



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

Messages from the Senate

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired constitutional two-thirds vote and passed SB 13-B and re-
quests the concurrence of the House.
Joe Brown, Secretary

By Senator Thomas-
SB 13-B-A bill to be entitled An act relating to optometric
service plan corporations; creating s. 637.001, Florida Statutes,
providing definitions; amending s. 637.011, Florida Statutes, reduc-
ing the number of persons who may form an optometric service plan
corporation; amending s. 637.021, Florida Statutes, deleting the
requirement that the Department of Insurance consent to the char-
ter or certificate of the corporation; amending s. 637.031, Florida
Statutes, providing editorial changes in provisions relating to rates;
amending s. 637.041, Florida Statutes, requiring corporations ap-
plying for a certificate of authority from the department to show an
ability to continue to meet certain working capital requirements;
authorizing the department to determine the sufficiency of working
capital; amending s. 637.051, Florida Statutes, providing editorial
changes in provisions relating to changes in charters, certificates of
incorporation, bylaws, contracts, and rates; amending s. 637.061,
Florida Statutes, providing editorial changes in provisions relating
to annual reports; amending s. 637.071, Florida Statutes, requiring
department examinations of the affairs of such corporations to occur
at least once every 3 years; amending s. 637.081, Florida Statutes,
restricting to nonprofit optometric service plans provisions relating



to department approval of certain acquisition costs; requiring such
costs to bear a reasonable relationship to the service rendered;
amending s. 637.091, Florida Statutes, providing editorial changes
in provisions relating to investments and funds; repealing s. 637.101,
Florida Statutes, relating to departmental resolution of certain
disputes between such corporations and optometrists; amending s.
637.111, Florida Statutes, providing editorial changes in provisions
relating to dissolution or liquidation; creating s. 637.115, Florida
Statutes, authorizing the revocation or suspension of a certificate of
authority upon specified grounds; authorizing immediate suspen-
sion under specified circumstances; creating s. 637.116, Florida
Statutes, requiring certain notice of revocation or suspension; cre-
ating s. 637.117, Florida Statutes, providing the duration of sus-
pensions and providing for reinstatement; creating s. 637.118, Flor-
ida Statutes, authorizing administrative fines in lieu of suspension
or revocation; repealing s. 637.121, Florida Statutes, relating to
license revocations; amending s. 637.131, Florida Statutes, deleting
provisions requiring departmental consent to the incorporation of
optometric service plans; amending s. 637.141, Florida Statutes,
providing for biennial registration of sales representatives of such
corporations; specifying the fund into which fees are to be placed;
creating ss. 637.143 and 637.144, Florida Statutes, providing grounds
for compulsory and discretionary refusal, suspension, or revocation
of the registration of a sales representative; creating s. 637.145,
Florida Statutes, providing the duration of a suspension or revoca-
tion; creating s. 637.146, Florida Statutes, authorizing fines in lieu
of suspension, revocation, or refusal of registration; repealing s.
637.151, Florida Statutes, relating to preexisting service plan cor-
porations; creating s. 637.152, Florida Statutes, subjecting opto-
metric service plan corporations and sales representatives to the
provisions relating to unfair insurance trade practices; amending s.
637.161, Florida Statutes, providing editorial changes in provisions
relating to penalties; creating s. 637.165, Florida Statutes, author-
izing the department to adopt rules; creating s. 637.167, Florida
Statutes, providing for the confidentiality of certain records; amend-
ing s. 212.08 (12), Florida Statutes, 1982 Supplement, to conform to
the act; saving certain provisions from sunset repeal scheduled
October 1, 1983; providing for future review and repeal; providing
an effective date.
Rep. Bell moved that SB 13-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-112



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany



Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.



Jones, D. L.
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Peeples
Press
Ready
Reaves
Reddick



Reynolds
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



June 16, 1983



35










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Nays-1
Patchett
Votes after roll call:
Yeas-Silver
The motion was agreed to by the required Constitutional two-
thirds vote and SB 13-B was read the first time by title. On motions
by Rep. Bell, the rules were waived and SB 13-B was read the
second time by title and the third time by title. On passage, the
vote was:



Yeas-114
The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-1
Bailey
Votes after roll call:
Yeas-Shackelford
So the bill passed and was immediately certified to the Senate.

By the Committee on Commerce and Representative Bell-
CS/HB 7-B-A bill to be entitled An act relating to continuing
care contracts; amending s. 651.011, Florida Statutes, changing
definitions and expanding the applicability of provisions relating to
continuing care contracts; amending s. 651.015, Florida Statutes,
requiring the Department of Insurance to deposit certain fees and
fines in the Insurance Commissioner's Regulatory Trust Fund; amend-
ing s. 651.021, Florida Statutes, requiring certificates of authority
for construction of continuing care facilities; requiring departmen-
tal approval of certain expansions of existing facilities; creating s.
651.022, Florida Statutes, providing for provisional certificates of
authority; creating s. 651.023, Florida Statutes, providing for the
issuance of certificates of authority after such provisional certifi-
cates; amending s. 651.026, Florida Statutes, conforming to the act
provisions relating to certificates of authority and annual state-
ments; changing financial information requirements; amending s.
651.033, Florida Statutes, authorizing escrow accounts in savings
and loan associations; placing restrictions upon the release of es-



crowed funds; amending s. 651.035, Florida Statutes, increasing
minimum liquid reserve requirements and requiring the mainte-
nance of certain operating reserves; amending s. 651.051, Florida
Statutes, clarifying required department approval of the removal of
records or assets from the state by continuing care providers; amend-
ing s. 651.055, Florida Statutes, 1982 Supplement, providing for
full refunds of facility entrance fees under certain circumstances;
amending ss. 651.061, 651.065, and 651.081, Florida Statutes, to
conform to the act; amending s. 651.085, Florida Statutes, requir-
ing certain persons to attend certain meetings with residents upon
request; amending s. 651.091, Florida Statutes, providing additional
disclosure requirements upon providers; amending s. 651.095, Flor-
ida Statutes, providing for certain applicability of provisions relat-
ing to unfair insurance trade practices; amending s. 651.105, Flor-
ida Statutes, requiring the department to examine the business of
providers at least every 3 years; amending ss. 651.106 and 651.111,
Florida Statutes, providing clarifying and conforming language;
amending s. 651.114, Florida Statutes, requiring the Continuing
Care Advisory Council to report certain findings to the department;
amending s. 651.121, Florida Statutes, requiring advisory council
members to disclose certain financial interests; amending ss. 651.125,
651.13, and 651.132, Florida Statutes, providing clarifying and con-
forming language; creating s. 651.133, Florida Statutes, providing
for applicability of certain provisions to persons holding existing
provisional certificates of .authority; creating s. 651.134, Florida
Statutes, providing for the confidentiality of department investiga-
tion records; amending s. 154.402, Florida Statutes, changing cer-
tain intent; amending s. 154.403(5), Florida Statutes, including
continuing care service corporations within the term "health facili-
ty" for purposes of provisions relating to the State of Florida Health
Facility Authority; amending s. 154.422, Florida Statutes, provid-
ing for the applicability of certain certificate of need provisions to
certificates issued by the authority; amending s. 381.494 (8) (f), Flor-
ida Statutes, 1982 Supplement, restricting the duration of certifi-
cates of need issued to certain continuing care facilities; saving
certain provisions from scheduled repeal and rescheduling future
repeal and review; repealing ss. 651.031 and 651.101, Florida Stat-
utes, relating to provisional certificates of authority and compli-
ance with rules and standards; repealing s. 25 of chapter 81-292,
Laws of Florida, to delete scheduled repeal of provisions relating to
continuing care; providing effective dates.
-was read the first time by title. On motion by Rep. Bell, the
rules were waived and the bill was read the second time by title.

Representatives Bell and Dunbar offered the following amendment:
Amendment 1-On page 16, line 31, strike "80" and insert
"70"

Rep. Bell moved the adoption of the amendment, which was
adopted without objection.
On motion by Rep. Bell, the rules were waived and CS/HB 7-B, as
amended, was read the third time by title. On passage, the vote
was:



Yeas-114
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed



Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett



Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Lawson



36



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell



Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond
Robinson



Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone



Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Shackelford
So the bill passed, as amended, and was immediately certified to
the Senate after engrossment.

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired constitutional two-thirds vote and passed SB 10-B and re-
quests the concurrence of the House.
Joe Brown, Secretary

By Senator Thomas-
SB 10-B-A bill to be entitled An act relating to ambulance
service contracts; repealing s. 638.011, Florida Statutes, relating to
legislative policy; amending s. 638.021, changing definitions; amend-
ing s. 638.031, Florida Statutes, providing editorial changes in
provisions relating to rules of the Department of Insurance; amend-
ing s. 638.041, Florida Statutes, changing the renewal date for
certificates of authority for ambulance service associations; amend-
ing s. 638.051, Florida Statutes, changing the requirements for
certificates of authority; amending s. 638.061, Florida Statutes,
increasing the amount of capital funds required to be maintained
by such associations; repealing s. 638.071, Florida Statutes, relat-
ing to special surplus requirements; amending s. 638.081, Florida
Statutes, providing that the deposit of securities required of associ-
ations shall be in addition to capital funds requirements; providing
conditions and liability for cancellation of bond; providing for addi-
tional deposits under certain circumstances; authorizing the de-
partment to suspend the association's license until the deposit re-
quirements are satisfied; amending s. 638.091, Florida Statutes,
providing additional grounds for suspension or revocation of a cer-
tificate of authority; amending s. 638.111, Florida Statutes, provid-
ing editorial changes in provisions relating to notice of suspension
or revocation; amending s. 638.121, Florida Statutes, deleting the
requirement of notice of expiration of suspension periods; creating
s. 638.122, Florida Statutes, authorizing administrative fines in
lieu of suspension or revocation; setting maximum limits for such
fines; creating s. 638.125, Florida Statutes, subjecting associations
and their representatives and employees to provisions relating to
unfair insurance trade practices; amending s. 638.131, Florida Stat-
utes, prohibiting the use of rates or modified rates which have not
been filed with the department; amending ss. 638.141 and 638.151,
Florida Statutes, providing editorial changes in provisions relating
to taxes and assessments and to the examination of associations;
amending s. 638.161, Florida Statutes, changing service of process
procedures; repealing s. 638.171, Florida Statutes, to conform to the
act; amending s. 638.181, Florida Statutes, providing editorial changes
in provisions relating to registration of sales representatives; amend-
ing ss. 638.191 and 638.201, Florida Statutes, adding a ground for
mandatory and discretionary refusal, suspension or revocation of
registration; amending s. 638.211, Florida Statutes, deleting cer-



tain restrictions upon access to department records; amending s.
638.221, Florida Statutes, raising the amount of administrative
fines which are in lieu of suspension or revocation of registration;
amending ss. 638.231, 638.241, 638.251, 638.261, and 638.271, pro-
viding editorial changes in provisions relating to the disposition of
taxes and fees, prohibited transaction of insurance business, pro-
hibited fronting, prohibited relationships with funeral directors,
and penalties; creating s. 638.282, Florida Statutes, providing for
the confidentiality of certain records; saving certain sections from
repeal under the Regulatory Sunset Act; providing for future repeal
and legislative review; providing an effective date.
Rep. Bell moved that SB 10-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-107



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Casas
Clark
Clements
Combee
Cortina
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.



Jones, D. L.
Lawson
Lehtinen
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None
The motion was agreed to by the required Constitutional two-
thirds vote and SB 10-B was read the first time by title. On motions
by Rep. Bell, the rules were waived and SB 10-B was read the
second time by title and the third time by title. On passage, the
vote was:

Yeas-110



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burrall
Casas
Clark



Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman



Gallagher Johnson, R. M.
Gordon Jones, C. F.
Grindle Jones, D. L.
Gustafson Kutun
Hanson Lawson
Hargrett Lehtinen
Harris Lewis
Hawkins, L. R. Liberti
Hawkins, M. E. Lippman
Hazouri Locke
Healey Logan
Hill Mackenzie
Hodges Martin
Hollingsworth Martinez
Jamerson McEwan
Johnson, B. L. Meffert
Johnson, R. C. Messersmith



June 16, 1983



37










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready



Reaves
Reddick
Reynolds
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver



Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch



Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



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

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired constitutional two-thirds vote and passed SB 23-B and re-
quests the concurrence of the House.
Joe Brown, Secretary

By Senator Thomas-
SB 23-B-A bill to be entitled An act relating to service war-
ranty associations; revising, reviving, and readopting, notwithstand-
ing the Regulatory Sunset Act, ss. 634.401-634.409, 634.411-634.417,
and 634.419-634.431, Florida Statutes; relating to the regulation of
service warranty associations; amending ss. 634.401 (2), (9), (14),
Florida Statutes, 1982 Supplement, ss. 634.404, 634.405, 634.406,
634.407 (4), 634.408, 634.409 (1), (2) (a), (d), 634.412 (3), (4), 634.413,
634.415 (3), 634.416, 634.417, 634.420, 634.421, 634.423, 634.424,
634.425, 634.426 (1), 634.427, 634.429, Florida Statutes; adding ss.
634.401 (17), 634.409 (2) (f), Florida Statutes; adding s. 634.422 (11),
Florida Statutes; creating ss. 634.4145, 634.4165, 634.432, 634.433,
634.434-634.443, Florida Statutes; providing definitions; providing
that license issuance requirements apply to license renewals; delet-
ing obsolete language; providing deposit requirements for warran-
tors; phasing out letters of credit used in place of deposits; permit-
ting the purchase of contractual liability insurance instead of main-
taining an unearned premium reserve; providing that license
application fees be nonrefundable upon denial of license; providing
conforming language; providing grounds for refusal, suspension, or
revocation of license; deleting requirement for notification of li-
cense reinstatement; providing grounds for disapproval of forms;
providing grounds for waiver of examination requirement; provid-
ing for discretionary examination of qualifying associations; requiring
office records; providing for service of process; providing for bien-
nial registration of sales representatives; prohibiting the reissuance of
a registration revoked twice; providing administrative fines; re-
quiring that the department be notified before merger or consolida-
tion of warranty associations; providing for civil remedies; provid-
ing that active department investigations are confidential pending
completion; prohibiting unfair methods of competition and unfair
acts; authorizing the department to investigate such practices; re-
quiring the department to conduct hearings; providing for cease
and desist orders; providing administrative penalties; providing for
appeals; providing for injunctive relief; providing that department
action does not abrogate other remedies; allowing to stand repealed
pursuant to the Regulatory Sunset Act, ss. 634.410, 634.418, Flor-
ida Statutes; relating to license suspension procedures and serving
process; providing for legislative review; providing retroactivity;
providing an effective date.
Rep. Bell moved that SB 23-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:



Yeas-111
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carpenter
Casas
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Gallagher
Gardner
Gordon
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kutun



Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None

The motion was agreed to by the required Constitutional two-
thirds vote and SB 23-B was read the first time by title. On motions
by Rep. Bell, the rules were waived and SB 23-B was read the
second time by title and the third time by title. On passage, the
vote was:

Yeas-113



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany

Nays-None



Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Kutun
Lawson
Lehtinen
Lewis
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond
Robinson



Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



38



June 16, 1983









JOURNAL OF THE HOUSE OF REPRESENTATIVES



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

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired constitutional two-thirds vote and passed, as amended, SB
24-B and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Thomas-
SB 24-B-A bill to be entitled An act relating to home warranty
associations; revising, reviving, and readopting, notwithstanding
the Regulatory Sunset Act, ss. 634.301-634.329, Florida Statutes,
relating to the regulation of home warranty associations; amending
s. 634.301 (3), (5)-(7), Florida Statutes, and adding subsections (11)-(16)
to said section; amending ss. 634.304, 634.305, 634.306 (4), 634.307,
634.308, 634.310 (1), 634.311 (4), 634.313 (1), (2), 634.315, 634.317,
634.318, 634.319, 634.321, 634.322, 634.323 (1), 634.324, 634.326,
Florida Statutes; adding s. 634.320 (11), Florida Statutes; creating
ss. 634.3045, 634.3112, 634.3125, 634.3126, 634.3135, 634.3225,
634.3275, 634.3284, 634.3285, 634.335-634.345, Florida Statutes;
providing definitions; providing qualifications for renewal of license;
requiring an unearned premium reserve fund; specifying minimum
required net assets; providing for contractual liability insurance in
lieu of an unearned premium reserve; eliminating letters of credit;
prohibiting refund of license fee upon denial of license; providing
for administrative fines in lieu of suspension or revocation of li-
cense; providing for disapproval of forms; providing for rates to be
filed for informational purposes; specifying contents of annual state-
ments; providing minimum requirements for office records and per-
mitting computer records; revising requirements for service of pro-
cess; requiring registration of certain real estate brokers; providing
for biennial registration of sales representatives; providing grounds
and procedures for suspension or revocation of registration; specify-
ing duration of suspension or revocation; increasing administrative
fines imposed in lieu of suspension or revocation of registration;
providing fees; providing for confidentiality of investigative records;
providing for civil remedies; requiring departmental approval of
mergers or consolidations of associations; prohibiting unfair meth-
ods of competition and unfair trade practices; defining unfair trade
practices; providing the department powers; providing remedies for
violations; prohibiting coercion of debtors; requiring buyer's right
to cancel; allowing to stand repealed pursuant to the Regulatory
Sunset Act, s. 634.316, Florida Statutes, relating to service of pro-
cess; providing for legislative review; providing retroactivity; pro-
viding an effective date.

Rep. Bell moved that SB 24-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-130



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Brown, C.
Brown, T. C.
Burke



Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler



Davis
Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Gallagher
Gardner
Gordon
Grant-



Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson



Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, D. L.
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan



Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick



Reynolds
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas



Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None

The motion was agreed to by the required Constitutional two-
thirds vote and SB 24-B was read the first time by title. On motions
by Rep. Bell, the rules were waived and SB 24-B was read the
second time by title and the third time by title. On passage, the
vote was:



Yeas-113
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany



Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Gallagher
Gardner
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kutun



Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond
Robinson



Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Shackelford, Friedman

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


The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired constitutional two-thirds vote and passed, as amended, SB
11-B and requests the concurrence of the House.
Joe Brown, Secretary



39



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Senator Thomas-
SB 11-B-A bill to be entitled An act relating to the Depart-
ment of Insurance; amending subsection (1) of s. 395.503, Florida
Statutes, 1982 Supplement, as amended by Section 3 of HB 1161 as
passed by the 1983 Legislature, providing for the location of the
Hospital Cost Containment Board within the Department of Insur-
ance; creating s. 637.1701, Florida Statutes, providing definitions;
amending s. 637.171, Florida Statutes, reducing the number of
persons who may form a pharmaceutical service plan corporation;
amending s. 637.181, Florida Statutes, deleting the requirement
that the Department of Insurance consent to the charter or certifi-
cate of the corporation; amending s. 637.191, Florida Statutes, pro-
viding editorial changes in provisions relating to rates; amending s.
637.201, Florida Statutes, requiring corporations applying for a
certificate of authority from the department to show an ability to
continue to meet certain working capital requirements; authorizing
the department to determine the sufficiency of working capital;
amending s. 637.211, Florida Statutes, providing editorial changes
in provisions relating to changes in charters, certificates of incorpo-
ration, bylaws, contracts, and rates; amending s. 637.221, Florida
Statutes, providing editorial changes in provisions relating to an-
nual reports; amending s. 637.231, Florida Statutes, requiring de-
partment examinations of the affairs of such corporations to occur
at least once every 3 years; amending s. 637.241, Florida Statutes,
restricting to nonprofit pharmaceutical service plans provisions re-
lating to department approval of certain acquisition costs; requir-
ing such costs to bear a reasonable relationship to the service
rendered; amending s. 637.251, Florida Statutes, providing edito-
rial changes in provisions relating to investments and funds; re-
pealing s. 637.261, Florida Statutes, relating to departmental reso-
lution of certain disputes between such corporations and pharmacists;
amending s. 637.271, Florida Statutes, providing editorial changes
in provisions relating to dissolution or liquidation; creating s. 637.275,
Florida Statutes, authorizing the revocation or suspension of a
certificate of authority upon specified grounds; authorizing imme-
diate suspension under specified circumstances; creating s. 637.276,
Florida Statutes, requiring certain notice of revocation or suspen-
sion; creating s. 637.277, Florida Statutes, providing the duration
of suspensions and providing for reinstatement; creating s. 637.278,
Florida Statutes, authorizing administrative fines in lieu of sus-
pension or revocation; repealing s. 637.181, Florida Statutes, relat-
ing to license revocations; amending s. 637.291, Florida Statutes,
deleting provisions requiring departmental consent to the incorpo-
ration of pharmaceutical service plans; amending s. 637.301, Flor-
ida Statutes, providing for biennial registration of sales representa-
tives of such corporations; specifying the fund into which fees are to
be placed; creating ss. 637.302 and 637.303, Florida Statutes, pro-
viding grounds for compulsory and discretionary refusal, suspen-
sion, or revocation of the registration of a sales representative;
creating s. 637.304, Florida Statutes, providing the duration of a
suspension or revocation; creating s. 637.305, Florida Statutes, au-
thorizing fines in lieu of suspension, revocation, or refusal of regis-
tration; repealing s. 637.311, Florida Statutes, relating to preexist-
ing service plan corporations; creating s. 637.315, Florida Statutes,
subjecting pharmaceutical service plan corporations and sales
representatives to the provisions relating to unfair insurance trade
practices; amending s. 637.321, Florida Statutes, providing edito-
rial changes in provisions relating to penalties; creating s. 637.325,
Florida Statutes, authorizing the department to adopt rules; creat-
ing s. 637.332, Florida Statutes, providing for the confidentiality of
certain records; amending s. 212.08 (12), Florida Statutes, 1982
Supplement, to conform to the act; saving certain provisions from
sunset repeal scheduled October 1, 1983; providing for future re-
view and repeal; providing an effective date.
Rep. Bell moved that SB 11-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-108



The Chair Allen Arnold
Abrams Armstrong Bailey



Bankhead
Bass



Bell
Brantley
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Davis
Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones



Figg
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Hawkins, L. R.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kutun
Lawson
Lehtinen
Lewis



Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Williams

The motion was agreed to by the required Constitutional two-
thirds vote and SB 11-B was read the first time by title. On motions
by Rep. Bell, the rules were waived and SB 11-B was read the
second time by title and the third time by title. On passage, the
vote was:



Yeas-114

The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany



Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Shackelford, Friedman



40



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



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

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has passed, as amended, SB 6-B and requests the concur-
rence of the House.
Joe Brown, Secretary

By Senator Peterson-
SB 6-B-A bill to be entitled An act relating to education; amend-
ing s. 228.041 (16), (22), Florida Statutes, 1982 Supplement; provid-
ing definitions; increasing the number of hours of instruction in
public high schools; amending s. 229.814 (4), Florida Statutes; es-
tablishing age requirements for taking high school equivalency
diploma examination; providing for exceptions; creating s. 229.89,
Florida Statutes; providing for Florida Teacher of the Year award;
creating the Quality Instruction Incentives Program; amending s.
230.03 (2), (3), Florida Statutes; expanding powers of school boards;
amending s. 230.23 (6) (a), Florida Statutes, 1982 Supplement; pro-
viding for policies relating to classroom performance; creating s.
232.2455, Florida Statutes; providing for programs of remediation;
amending s. 232.246, Florida Statutes; providing general require-
ments for high school graduation; amending s. 232.2465 (1) (a), Flor-
ida Statutes, 1982 Supplement; increasing the number of credits
required to qualify as a Florida Academic Scholar; requiring high
school curriculum frameworks; requiring adoption of student per-
formance standards; adding s. 233.057 (4), Florida Statutes; provid-
ing for allocations to high schools that employ reading resource
specialists; amending s. 236.013 (2), Florida Statutes; redefining
"full-time student" and "full-time equivalent student"; amending
s. 236.02 (2), Florida Statutes, adding new subsections (3), (4), to
said section and renumbering existing subsections; increasing min-
imum term of operation of schools; requiring student performance
standards for FEFP participation; amending s. 236.081 (1), Florida
Statutes; revising funding formula; amending s. 236.0811, Florida
Statutes; providing restriction on inservice training programs, au-
thorizing master inservice plans for nonpublic schools under cer-
tain conditions; creating s. 240.134, Florida Statutes; providing for
postsecondary remedial and developmental instruction; amending
s. 240.233 (1), (2), Florida Statutes, 1982 Supplement; establishing
minimum requirements for university enrollment; amending s. 240.321,
Florida Statutes; restricting admission to Associate of Arts degree
programs; providing for a vocational education management in-
formation system; requiring reports; providing for establishment of
vocational education planning regions; providing for regional voca-
tional coordinating councils; providing powers and duties; creating
s. 240.4081, Florida Statutes; providing for the Student Loan For-
giveness Program and creating a trust fund; creating the Teacher
Scholarship Loan Trust Fund; providing for award of scholarship
loans from the fund; providing for summer inservice institutes for
instructional personnel; requiring universities and community col-
leges to report certain information to high schools; establishing
standards for student participation in extracurricular activities;
requiring study and report on the minimum competency program;
providing for establishment of a visiting school scholars program;
providing for certification of adjunct instructors; authorizing uni-
versities and community colleges to offer academic courses on high
school sites; amending s. 240.60, Florida Statutes, 1982 Supple-
ment; establishing priorities for the college career work experience
program; requiring a study of vocational job preparatory programs;
repealing s. 233.064, Florida Statutes, relating to a required course
in Americanism vs. Communism; amending s. 231.17 (1), (2), (3),
Florida Statutes, 1982 Supplement; limiting the number of teacher
education courses required for teacher certification extending the
time to meet examination requirements for certain vocational teach-
ers; requiring the beginning teacher programs for all newly hired
teachers without a regular certificate; authorizing participation in
a consortium on instructional materials; requiring feasibility study



of modifying teacher certification examination; providing for a study
of collective bargaining; amending s. 231.608, Florida Statutes;



providing for content of evaluation reports; providing for the
reenactment of the Teacher Center Act; providing for the sunset of
the Teacher Center Act; amending s. 229.555 (2), Florida Statutes;
providing criteria for action necessary to carry out the intent of the
Legislature for management information systems; adding s.
229.565 (2) (h), Florida Statutes; providing criteria for periodic evalu-
ation of data collection and documentation requirements; amend-
ing s. 229.8041 (1), Florida Statutes; providing a statement of policy
to reduce data collection requirements; providing an effective date.
-was read the first time by title. On motion by Rep. Carpenter,
the rules were waived and the bill was read the second time by
title.
Representative Carpenter offered the following amendment:
Amendment 1-On page 1, line 5, strike everything after the
enacting clause and insert:
PART I
STANDARDS OF STUDENT ACHIEVEMENT
Section 1. Section 232.246, Florida Statutes, is amended to read:
(Substantial rewording of section. See s. 232.246, F.S., for present
text.)
232.246 General requirements for high school graduation.-
(1) Beginning with the 1984-1985 school year and each year
thereafter, successful completion of a minimum of 22 academic
credits in grades 9 through 12 shall be required for graduation. The
22 credits shall be distributed as follows:
(a) Four credits in English, with major concentration in compo-
sition and literature.
(b) Three credits in mathematics.
(c) Three credits in science, 2 of which must have a laboratory
component. The State Board of Education may grant an annual
waiver of the laboratory requirement to a school district that certi-
fies that its laboratory facilities are inadequate, provided that the
district submits a capital outlay plan to provide adequate facilities
and makes funding of this plan a priority objective of the school
board.
(d) One credit in American history.
(e) One credit in world history.
(f) One-half credit in economics.
(g) One-half credit in American government.
(h) One-half credit in practical arts vocational education or ex-
ploratory vocational education.
(i) One-half credit in performing fine arts to be selected from
music, dance, drama, painting, or sculpture.
(j) One-half credit of life management skills to include nutri-
tion, drug education, and consumer education.
(k) One-half credit in physical education to include assessment
improvement and maintenance of personal fitness.
(1) Seven elective credits.
(2) District school boards may require specific courses and pro-
grams of study within the minimum credit requirements for high
school graduation and are authorized to modify courses and pro-
grams to meet graduation requirements for exceptional students as
provided for in the district pupil progression plan, in accordance
with rules established by the state board. District school boards are
authorized and encouraged to establish credit requirements for high
school graduation in excess of the minimum credit requirements.



(3) Each district school board shall establish standards for gradua-
tion from its schools which shall include:



June 16, 1983



41










42 JOURNAL OF THE HOUSE

(a) Mastery of the minimum performance standards in reading,
writing, and mathematics for the 11th grade, established pursuant
to ss. 229.565 and 229.57, determined in the manner prescribed
after a public hearing and consideration by the state board;
(b) Demonstrated ability to successfully apply basic skills to
everyday life situations as measured by a functional literacy exam-
ination developed and administered in a manner prescribed after a
public hearing and consideration by the state board;
(c) Completion of all other applicable requirements prescribed
by the district school board pursuant to s. 232.245; and
(d) Effective for the 1984-1985 school year and each year there-
after, a cumulative grade point average of 1.5 on a 4.0 scale, or its
equivalent, for nonelective required courses for graduation.
(4) No student shall be granted credit toward high school grad-
uation for enrollment in the following courses or programs:
(a) More than two elective credits in remedial programs as pro-
vided for in s. 236.0841 and compensatory and remedial programs
as provided for in s. 236.088.
(b) More than one-half credit in exploratory vocational courses
as defined in s. 228.041 (22) (b).
(c) More than three credits in home economics classes as defined
in s. 228.041 (22) (d).
(5) The standards required in subsection (3), and any subsequent
modifications thereto, shall be reprinted in the Florida Administra-
tive Code even though said standards are not defined as rules.
(6) The state board, after a public hearing and consideration,
shall make provision for appropriate modification of testing instru-
ments and procedures for students with identified handicaps or
disabilities in order to ensure that the results of the testing repre-
sent the student's achievement, rather than reflecting the student's
impaired sensory, manual, speaking, or psychological process skills,
except when such skills are the factors the test purports to measure.
(7) A student who meets all requirements prescribed in subsec-
tions (1), (2), and (3) shall be awarded a standard diploma in a form
prescribed by the state board; however, a school board may, in lieu
of the standard diploma, award differentiated diplomas to those
exceeding the prescribed minimums. A student who completes the
minimum number of credits and other requirements prescribed by
subsections (1) and (2), but who is unable to meet the standards of
paragraph (3) (a) or paragraph (3) (b), shall be awarded a certificate
of completion in a form prescribed by the state board. However, any
student who is otherwise entitled to a certificate of completion may
elect to remain in the secondary school on either a full-time or a
part-time basis for up to 1 additional year and receive special in-
struction designed to remedy his identified deficiencies. This spe-
cial instruction shall be funded from the district's state compensa-
tory education funds.
(8) The public hearing and consideration required in paragraphs
(a) and (b) of subsection (3) and in subsection (6) shall not be con-
strued to amend or nullify the requirements of security relating to
the contents of examinations or assessment instruments and re-
lated materials or data as prescribed in s. 232.248.

Section 2. The introductory paragraph and paragraph (a) of sub-
section (1) of section 232.2465, Florida Statutes, 1982 Supplement,
are amended to read:
232.2465 Florida Academic Scholars' Program.-For the purpose
of recognizing and rewarding outstanding performance and aca-
demic achievement on the part of public and nonpublic school stu-
dents and developmental research school students, the Commissioner



of Education shall award to each high school graduate who meets
the requirements specified herein and as further specified by the
State Board of Education a special certificate recognizing and des-
ignating the graduate as a Florida Academic Scholar.



]



E OF REPRESENTATIVES June 16, 1983

(1) In order to qualify as a Florida Academic Scholar, a student
must:
(a) Effective with the 1983-1984 school year, complete a program
of at least 2 more credits than the minimum credits required for
high school graduation in 22 credits of advanced-level studies in
grades 9 through 12 as prescribed by the State Board of Education,
including as a minimum:
1. Four years of progressively advanced instruction in language
arts, including courses in English composition grammar, v-iiting,
and literature;
2. Four years of progressively advanced instruction in science,
including laboratory courses in biology, chemistry, and physics where
laboratory facilities are available;
3. Four years of progressively advanced instruction in mathe-
matics, including courses in algebra and; geometry; and calculus or
trigonometry;
4. Two years of sequential foreign progress e vl advanced in-
truction in a foreign language;
5. One year of instruction in art and music or in either art or
music;
6. Three years of instruction in social studies, including courses
in American history and government, a d world history, and com-
parative political and economic systems; and
7. One year of instruction in health and physical education to
include assessment, improvement, and maintenance ofpersonal fitness.
Section 3. Section 232.425, Florida Statutes, is created to read:
232.425 Student standards for participation in interscholastic
extracurricular student activities.-In order for a student to be eligi-
ble to participate in interscholastic extracurricular student activities
he must maintain a 1.5 grade point average on a 4.0 scale, or its
equivalent, for the semester immediately preceding participation.
Such student shall also be progressing satisfactorily toward gradua-
tion as provided for in the district's approved pupil progression plan
and shall meet such other requirements for participation as may be
established by the school district.
Section 4. Subsection (4) of section 229.814, Florida Statutes, is
amended to read:
229.814 Secondary Level Examination Program.-
(4) Any candidate for a high school who is awarded an equiva-
lency diploma shall be at least 18 years of age on the date of the
examination, except that in extraordinary circumstances as deter-
mined and approved by the Department of Education or by the
superintendent of the district in which the candidate resides or at-
tends school, said candidate may take the examination after reach-
ing the age of 16 exempted from the compulsory school attendance

Section 5. Section 232.247, Florida Statutes, is amended to read:
232.247 Special high school graduation requirements for cer-
tain exceptional students.-A student who has been properly classi-
fied, in accordance with rules established by the state board, as
educablee mentally handicapped retarded," "trainable mentally
handicapped retarded," "deaf," "specific learning disabled," "phys-
ically handicapped whose ability to communicate orally or in writ-
ing is seriously impaired," or "emotionally handicapped" shall not
be required to meet all requirements of s. 232.246 and shall, upon
meeting all applicable requirements prescribed by the school board
pursuant to s. 232.245, be awarded a special diploma in a form
prescribed by the state board; provided, however, that such special



graduation requirements prescribed by the school board shall in-
clude minimum graduation requirements as prescribed by the state
board. Any such student who meets all special requirements of the
district school board for his exceptionality, but is unable to meet









JOURNAL OF THE HOUSE OF REPRESENTATIVES



the appropriate special state minimum requirements, shall be awarded
a special certificate of completion in a form prescribed by the state
board. A student who has been properly classified as profoundly
handicapped and who meets the special requirements of the district
school board shall be awarded a special certificate of completion in a
form prescribed by the state board. Nothing provided in this section,
however, shall be construed to limit or restrict the right of an
exceptional student solely to a special diploma or special certificate
of completion. Any such student shall, upon proper request, be
afforded the opportunity to fully meet all requirements of s. 232.246
through the standard procedures established therein and thereby
qualify for a standard diploma upon graduation.

PART II
EDUCATIONAL MANAGEMENT
Section 6. Section 229.95, Florida Statutes, is created to read:
229.95 Florida High Technology and Industry Council.-
(1) It is the intent of the Legislature to further promote develop-
ment of the Florida economy by coordinating, through joint efforts of
the Department of Education, public and private postsecondary edu-
cation institutions, the Executive Office of the Governor, other execu-
tive agencies, the Department of Commerce, and leaders in high
technology business and industry, the needs of such industry with
state government programs. It is the intent that such cooperative
efforts shall seek to serve the needs of the citizens of Florida and meet
the technical and professional demands of new and existing technol-
ogy, as well as demonstrate to such business and industry leaders
that Florida can meet such demands.
(2) (a) There is created a not for profit corporation, pursuant to
the provisions of chapter 617, that shall be named the Florida High
Technology and Industry Council. The council is created for the
purpose of planning, coordinating, assisting and making recommenda-
tions for policy decisions and directing activities for carrying out the
intent of this section. As soon as practicable, the Governor shall
appoint 13 members to the council who shall be Florida leaders in
high technology or related business and industry. The Governor
shall solicit nominations from leading business and industry orga-
nizations or other organizations interested in the economic growth of
the state. Representation on the council shall reflect the different
geographic areas of the state. It is the intent of the Legislature that
women and minorities be fairly and adequately represented on the
council. Council membership shall also include the Governor or his
designee, the Secretary of the Department of Commerce or his desig-
nee, the Secretary of the Department of Labor and Employment
Security or his designee, the Secretary of the Department of Commu-
nity Affairs or his designee, the Commissioner of Education or his
designee, and the Chairman of the Florida Council of 100 or his
designee. Members shall serve 4-year staggered terms and all va-
cancies shall be filled by appointment by the Governor. As soon as
practicable following the initial appointments, the Governor shall
call an organizational meeting of the council. From among the 13
representatives of business and industry, the membership of the
council shall elect a chairman whose term of office shall be for 1
year. There shall be no limitation on successive appointments to the
council or terms as chairman. The council shall adopt internal or-
ganizational procedures or bylaws as may be necessary for efficient
operation of the council.
(b) The council shall have the following powers and duties:
1. To advise the Governor, the Legislature, the Commissioner of
Education, the State Board of Education and the State Board of
Vocational Education regarding needed policy changes as related to
the intent of this section and the council's responsibilities.
2. To make recommendations to the Governor, the Legislature,
the Commissioner of Education, the State Board of Education and
the State Board of Vocational Education for coordinating the deliv-



ery of resources with meeting needs, including assisting in establishing



priorities for programs and services, and the allocation of resources
according to the priorities.
3. To carry out a feasibility study regarding the establishment of
a single state school, a Florida School for Applied and High Tech-
nology, which would be designated as the state school of high tech-
nology for talented high school and college students. The results and
recommendations of the study would be presented to the President of
the Senate and the Speaker of the House of Representatives by March
1, 1984. In performing the study, the following concepts should be
considered:
a. The kinds of curriculum, innovations, and inventor programs
that might be conducted in such a school.
b. The opportunities for teacher education programs to be carried
out by such a school.
c. The teaching of industrial relations to students and citizens in
such a school.
d. The governing authority and membership for such a school,
which would include the Commissioner of Education, the director of
the Division of Community Colleges and the Chancellor of the State
University System, and members from private businesses within the
high technology fields.
e. Strategies for funding such a school, and recommendations as
to the levels of funding, state support, support by the private sector,
and possible sources of federal funding.
4. To accept gifts, grants, donations, expenses, in-kind services,
or other valued goods or services for carrying out its purposes and to
expend such funds or assets in any legal manner according to terms
and conditions of acceptance, without interference, control, or re-
straint by the state. However, such funds or assets shall not be
commingled in any way with funds appropriated by the state.
5. To keep full, detailed, and accurate records and accounts of all
proposals, acts, proceedings, orders, determinations, receipts, dis-
bursements, and expenditures made by or under the authority of the
council, all of which shall be kept open for public inspection and
review at all reasonable times. The council shall from time to time
publish the details of its activities in such form as shall be deemed
best calculated to serve the purpose of giving full publicity to all
transactions by the council or proposed to the council for its approv-
aL The council shall make an annual report to the Governor, the
Legislature, the Commissioner of Education, and the Secretary of
Commerce setting forth in appropriate detail the business transacted
during the year and the condition of the council at the close of the
year. The council shall furnish such additional reports and informa-
tion as may from time to time be required to further the intentions of
this act.
(c) Members of the council shall not be required to file financial
disclosure statements in accordance with provisions of chapter 112,
unless they are otherwise required to do so by law.
(d) Similar authority as that granted to universities in connec-
tion with patents, trademarks, and copyrights under the provisions
of chapter 240 is granted to the council and its subsidiary entities as
appropriate to the intent of this section.

(3) The council shall designate staff to assist the council in the
performance of its duties, and shall give special emphasis to:

(a) Assisting the efforts of private organizations, including the
Florida High Technology and Industry Council, and other govern-
mental entities which are concerned with the establishment of high
technology and industry training programs in Florida.

(b) Insuring that the efforts of the various state agencies which are
concerned with the development of applied and high technology and
industry training programs are mutually reinforcing and supportive



of state objectives related to this section.



43



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



(c) Assisting in efforts to develop programs to ensure employee Section 9. Paragraph (m) of subsection (4) of section 230.23,
needs are met in new emerging applied and high technology occupations. Florida Statutes, 1982 Supplement, is amended to read:



(d) Coordinating the delivery of resources with meeting state needs,
including assisting the council in developing recommendations for
the State Board of Education concerning priorities for programs and
services, and the allocation of resources according to the priorities.
Section 7. Section 229.89, Florida Statutes, is created to read:
229.89 Florida Teacher of the Year award.-In order to recog-
nize and reward superior performance by teachers, there is hereby
established a monetary award system to be given in conjunction with
the Teacher of the Year award.
(1) Teachers selected as a district, regional, or state Teacher of
the Year in accordance with procedures developed by the Department
of Education and the Council of Chief State School Officers shall
each receive monetary awards. Teachers employed at developmental
research schools may qualify for these awards.
(a) District Teacher of the Year award recipients shall each re-
ceive $500.
(b) Regional Teacher of the Year award recipients shall each
receive $750.



230.23 Powers and duties of school board.-The school board,
acting as a board, shall exercise all powers and perform all duties
listed below:
(4) ESTABLISHMENT, ORGANIZATION, AND OPERATION
OF SCHOOLS.-Adopt and provide for the execution of plans for
the establishment, organization, and operation of the schools of the
district, as follows:
(m) Exceptional students.-Provide for an appropriate program
of special instruction, facilities, and services for exceptional students
as prescribed by the state board as acceptable, including provisions
that:
1. The school board provide the necessary professional services
for diagnosis and evaluation of exceptional students.
2. The school board provide the special instruction, classes, and
services, either within the district school system, in cooperation
with other district school systems, or through contractual arrange-
ments with approved nonpublic schools or community facilities which
meet standards established by the state board.



rece 3. The school board submit annually to the department its pro-
(c) The State Teacher of the Year award recipient shall receive posed procedures for the provision of special instruction and ser-
$1000. vices for exceptional students.



(2) Regional Teacher of the Year award recipients and spouses
shall each receive an expense-paid trip to Tallahassee for an award
ceremony and reception. Expenses shall be paid by the Department of
Education as provided in s. 112.061.
(3) The State Teacher of the Year award recipient shall serve as
one of the five teacher members of the Board of Advisors for Educa-
tional Research and Development as provided in s. 229.561 (2) (a) 1.
(4) The commissioner shall annually submit budget requests for
the purpose of funding this program.
Section 8. Section 230.03, Florida Statutes, is amended to read:
230.03 Management, control, operation, administration, and
supervision.-The district school system shall be managed, controlled,
operated, administered, and supervised as follows:
(1) DISTRICT SYSTEM.-The district school system shall be
considered as a part of the state system of public education. All
actions of district school officials shall be consistent and in har-
mony with state laws and with rules and minimum standards of the
state board. District school officials, however, shall have the au-
thority to provide additional educational opportunities, as desired,
which are authorized, but not required, by law or by the district
school board.
(2) SCHOOL BOARD.-In accordance with the provisions of s.
4 (b) of Art. IX of the State Constitution, district school boards shall
operate, control, and supervise all free public schools in their re-
spective districts and may exercise any power except as expressly
prohibited by the State Constitution or general law. for educational
purposes except as otherwise provided by th State Constitution or
law. For purposes of this section, "educational purposes" means
any activity or po. c.rcis"d in th e establish' nt and mainto
nance of courses, classes, institutions, and sorvics"adoequate to
oeet the educational needs of all citizens of the district.
(3) SUPERINTENDENT.-Responsibility for the administration
and management of the schools and for the supervision of instruc-
tion in the district shall be vested in the superintendent as the
secretary and executive officer of the school board, as provided by
law.
(4) PRINCIPAL OR HEAD OF SCHOOL.-Responsibility for
the administration of any school or schools at a given school center
and for the supervision of instruction therein shall be delegated to
the principal or head of the school or schools as hereinafter set forth
and in accordance with rules established by the school board.



4. No student be given special instruction or services as an
exceptional student until after he has been properly evaluated,
classified, and placed in the manner prescribed by rules of the state
board. The parent or guardian of an exceptional student evaluated
and placed or denied placement in a program of special education
shall be notified of each such evaluation and placement or denial.
Such notice shall contain a statement informing the parent or
guardian that he is entitled to a due process hearing on the identifi-
cation, evaluation, placement, or lack thereof. Such hearings shall
be exempt from the provisions of ss. 120.57 and 286.011 to the
extent that the state board adopts rules establishing other proce-
dures. The hearing shall be conducted by a hearing officer who
shall not be an officer or employee of the school board involved in
the education or care of the child or have a personal or professional
interest which would conflict withth objectivity of the haring.
The parent shall have the right to requEst that the hearing officer
be from the Division of Administrative Hearings, Department of
Administration. The decision of the hearing officer shall be final,
except that any party aggrieved by the finding and decision ren-
dered by the hearing officer shall have the right to request an
impartial review of the hearing officer's order by the district court
of appeal as provided by s. 120.68. Notwithstanding any law to the
contrary, during the pendency of any proceedings conducted pursu-
ant to this section, unless the district school board and the parents or
guardian otherwise agree, the child shall remain in the then current
educational assignment of such child, or, if applying for initial
admission to a public school, shall, with the consent of the parents or
guardian, be assigned in the public school program until all such
proceedings have been completed. Co, is.io.. e of Ed ucation. The

cord, cnsiurc that the procedures at thoe heaterig wr c ittt





5. In providing for the education of exceptional students, the
superintendent, principals, and teachers shall utilize the regular
school facilities and adapt them to the needs of exceptional students
whenever this is possible. No student shall be segregated and taught
apart from normal students until a careful study of the student's
case has been made and evidence obtained which indicates that
segregation would be for the student's benefit or is necessary be-
cause of difficulties involved in teaching the student in a regular
class.



44



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



6. The principal of the school in which the student is taught
shall keep a written record of the case history of each exceptional
student showing the reason for the student's withdrawal from the
regular class in the public school and his enrollment in or with-
drawal from a special class for exceptional students. This record
shall be available for inspection by school officials at any time.
7. The district school board shall establish the amount to be
paid by the district school board for each individual exceptional
student contract with a nonpublic school.
Section 10. Paragraphs (a) and (d) of subsection (3) of section
231.36, Florida Statutes, 1982 Supplement, are amended to read:
231.36 Contracts with instructional staff, supervisors, and
principals.-
(3) (a) The school board of each district shall provide a profes-
sional service contract as prescribed herein. Each member of the
instructional staff who completes the following requirements prior to
July 1, 1984, shall be entitled to and shall be issued a continuing
contract in the form prescribed by rules of the state board pursuant
to s. 231.36, Florida Statutes, 1981. Each member of the instruc-
tional staff who completes the following requirements on or after
July 1, 1984, shall be entitled to and shall be issued a professional
service contract in the form prescribed by rules of the state board as
provided herein, e.iluding supcr visr and principals, in each dis.
trict scol6. system o i3. amployd with an fftetive date of initial
e mplo yent subsqu.nt to. Julyr 1982, who:
1. Holds a regular certificate as prescribed by s. 231.17 and
rules of the State Board of Education;
2. Has completed 3 years of probationary service in the district,
1 year of which shall be the beginning teacher program where
required, during a period not in excess of 5 successive years, such
service being continuous except for leave duly authorized and grant-
ed; and
3. Has been recommended by the superintendent for such pro-
fcssional ser-ice contract and reappointed by the school board based
on successful performance of duties and demonstration of profes-
sional competence.
shall bo iissud a prOfcssional sorvico contract in such form as may
be prc.cribcd by rules of the state board.
(d) A school board may issue a continuing contract prior to July
1, 1984, and may issue a professional service contract subsequent to
July 1, 1984, to any employee who has previously held a profes-
sional service contract or continuing contract in the same or an-
other district within this state. Any employee who holds a continu-
ing contract may, but shall not be required to, exchange such continuing
contract for a professional service contract in the same district.
Section 11. Paragraph (b) of subsection (2) of section 234.211,
Florida Statutes, is amended to read:
234.211 Use of school buses for public purposes.-
(2)
(b) Corporations not for profit, established or identified pursu-
ant to Pub. L. No. 89-73, as amended, and providing transportation
services for the transportation disadvantaged without compensa-
tion, and nonprofit corporations and nonprofit civic organizations
and groups, shall provide liability insurance coverage in the amounts
specified in s. 234.03. of-
1. $100,000 liability sng t it,
2.-$300,000 liability par joint party suit,



150.;000 liabmilitv nnrC crtv damar -uit. and



237.34 Cost accounting and reporting.-
(2) COST REPORTING.-
(a) Each district shall report on a district-aggregate basis ex-
penditures for inservice training pursuant to s. 236.081 (3) (4-), and
for categorical programs as provided in s. 236.081 (5) (6).
(b) Each district shall report on a school-by-school and on an
aggregate district basis expenditures for each program set forth in
s. 236.081 (1) (c). Prior to submission the report shall be reviewed by
district program specialists to assure that appropriate costs have
been attributed to the programs.
(c) The commissioner shall present to the Legislature, 30 90 days
prior to the opening of the regular session each year, a district-by-
district report This report shall contain: ef
1. The expenditures reported pursuant to paragraphs (a) and (b)
including. The e-potU shall include total expenditures, a detailed
analysis showing expenditures for each program, and such other
data as may be useful for management of the educational system.
2. The expenditures for the grade 4-8 base as well as expendi-
tures for all programs selected for review under the School-Site
Program Cost Review, as provided in s. 237.37.
3. Recommended The commiosioncr shall alse compute cost fac-
tors for each selected program district reflecting reported expendi-
tures and actual expenditures reported in subparagraphs 1. and 2.
relative to the base student allocation for eah of the programsa as
provided in 3S. 286.081 (1)(c).
(3) PROGRAM EXPENDITURE REQUIREMENTS.-
(b) Funds for inservice training established in s. 236.081 (3) and
for categorical programs established in s. 236.081 (5) shall be ex-
pended for the costs of the identified programs in accordance with
the rules of the state board., howev ar, in addition t the $5 per full
time eq.l.....,.....t studentA. required fo. inacrvlc training .P......t to
s. 286.081 (3), th. following may b expended for ienrvic training
and ausd in macting thc cxpcnditurare quircmonts of thia section,
notwithstanding any require ents t forth in sq. 281.600 -21.610
rlatinag te tha adinistrat o f ad xpdt f funds for teacher
education c nter activities.
1. Up to $6 peo kindeiga.ten tlrough grade 3 fall time equiva
lent unw1ghted student for fiscal year 1979 1980.
2. Up to $4 per kindergaIrten through gade 3 full time i-
lent unweighted student for fiscal.. year 1980 -1981.
3. Up to $2 p kinder Agten n through gad 3 full timn equva-
lent u i..aghtd student for fiscal yjar 1081 1982.

Section 13. Section 237.37, Florida Statutes, is created to read:
237.37 School-Site Program Cost Review.-
(1) Beginning in fiscal year 1983-84, the Commissioner of
Education shall annually conduct a School-Site Program Cost Re-
view for the purpose of determining actual expenditures in quality
programs. In order to insure that cost factors are computed relative
to the base student allocation, the base program shall be reviewed
annually. Other program areas identified in s. 236.081 (1) (c) shall
be reviewed on a 4-year cyclical basis in the following order:
(a) Basic programs.
(b) Special programs for exceptional students part-time.
(c) Special programs for exceptional students full-time.
(d) Special adult general education programs and special vocational-
technical programs.
(2) The Commissioner of Education shall develop a procedure for



conducting the School-Site Program Cost Review. Such procedure
shall provide for a preliminary cost factor conference at which time



4. $100 deductible collision, upsct loss, or damage to cach vehicle.
Section 12. Subsection (2) and paragraph (b) of subsection (3) of
section 237.34, Florida Statutes, are amended to read:



45



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June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



modifications or additions to the schedule provided in subsection (1)
may be recommended
(3) Inservice training shall be provided for all participants in the
School-Site Program Cost Review.
(4) The Commissioner of Education shall annually submit re-
quests to the Governor and the Legislature for adequate funding to
meet the purpose of this section.
Section 14. Section 233.61, Florida Statutes, is created to read:
233.61 Out-of-school learning activities.-The Commissioner of
Education is authorized to promote academic out-of-school learning
activities to provide recognition of significant accomplishments for
such learning through soliciting the cooperation of schools and civic
and other community organizations which may act as volunteer
sponsors of such activities. The focus of such activities shall be
academic areas, with an emphasis on mathematics and science and
their applications.
Section 15. Section 232.04, Florida Statutes, is amended to read:
232.04 In kindergartens.-For the 1983-1984 school year and
thereafter, children who will have attained the age of 5 years on or
before September 1 ofthe date prescribed in this section d. ing the
school year shall be eligible for admission to public kindergartens
during that school year under rules prescribed by the school board.
For the school year 1980, the child must have attained the age of 5



of or bcieorc cccmbcr I1, 1r9u. or the se-oo year iUgi, tr- e id
must have attained the age of 6 on r before Novetmber 1, 1981. For
the shl lyear 1982, the child muest have ttained the age of 6 5 Or
before October 1, 1982. For the school year 10982 and thereafter, the
child must have attained the age of5 6 on or before September 1 of
the school year. Any child who will attain the age of years fsubs.
quent to the date p reseribed in this section but prior to January 1 of
the shl year shall be admitted at the benning of that school
year or at any time during the first month of the school year,
provided the child has demonstrate a readiess to enter kinder-



ment of Education.



Section 16. Paragraph (b) of subsection (6) of section 236.081,
Florida Statutes, is amended to read:
236.081 Funds for operation of schools.-The annual allocation
from the Florida Education Finance Program to each district for
operation of schools shall be determined as follows:
(6) TOTAL ALLOCATION OF STATE FUNDS TO EACH DIS-
TRICT FOR CURRENT OPERATION.-The total annual state al-
location to each district for current operation shall be distributed
periodically in the manner prescribed by regulations of the state
board and shall be calculated as follows:
(b) The amount thus obtained shall be the net annual allocation
to each school district. However, if it is determined that any school
district received an underallocation or overallocation for any prior
year because of an arithmetical error, assessment roll change, full-
time equivalent student membership error, or any allocation error
revealed in an audit report, the allocation to that district shall be
appropriately adjusted. If the Department of Education audit ad-
justment recommendation is based upon controverted findings of
fact, the Commissioner of Education is authorized to establish the
amount of the adjustment based on the best interest of the state. No



affiettutapprpratfeec t itntfu the kila ti htEattanid-t fte
5"kqm r,_ .r 4q-iFAWL



Section 17. Section 29 of chapter 82-242, Laws of Florida, is
amended to read:
Section 29. Sections 231.600, 231.601, 231.602, 231.603, 231.605,
231.606, 231.607, 231.608, 231.609, 231.610, and 231.611, Florida
Statutes, are repealed on October 1, 1985 1983, and shall be re-
viewed by the Legislature pursuant to s. 11.61, Florida Statutes.



Section 18. Section 234.071, Florida Statutes, is hereby repealed.
Section 19. Paragraph (d) of subsection (2) of section 231.17,
Florida Statutes, 1982 Supplement, is amended to read:
231.17 Certificates granted on application to those meeting pre-
scribed requirements.-
(2)
(d) A person who meets all certification requirements which
have been established by law or rule, other than the passing of the
written examination, may be issued an initial temporary certificate
for the first year of employment in a public school district in this
state. However, the State Board of Education shall adopt criteria
for eligibility for the initial temporary certificate for nondegree
teachers of vocational education. Such teachers may delay exami-
nation requirements specified in paragraphs (b) and (c) until profes-
sional educational requirements as established by law or rule are
met; however, all examination requirements shall be met prior to
the beginning of the sixth forth year of employment.
PART III
POSTSECONDARY EDUCATION
Section 20. Section 240.134, Florida Statutes, is created to read:
240.134 Remedial and developmental instruction in community
colleges and state universities.-
(1) Community college or state university students who have been
identified as requiring remediation shall enroll in remedial courses
to develop needed skills. These students shall be permitted to take
courses concurrently in other curriculum areas for which they are
qualified, while enrolled in remedial courses. Credit awarded for
remedial courses shall not be counted towards fulfilling the number
of credits required for a degree.
(2) By August 1, 1990, remedial education courses in community
colleges shall be limited to:
(a) Education of older students wishing to enter the Associate of
Arts program who are deficient in basic academic skills and who are
five years or more out of sequence from high school graduation.
(b) Correcting academic deficiencies which prevent a student from
benefiting from vocational instruction.
(3) By August 1, 1990, all postsecondary remedial education not
authorized in subsection (2) shall be the responsibility of district
school boards, pursuant to s. 232.2455.
Section 21. Section 232.2455, Florida Statutes, is created to
read:
232.2455 Programs of remediation.-
(1) By August 1, 1990, programs of remediation shall primarily
be the responsibility of the district school boards through their schools.
This remediation shall provide students with enhancement or im-
provement of any basic skill in which the student is deficient. This
remediation shall assist students in moving from one grade or level
to another, including moving from secondary to postsecondary edu-
cation, and shall assist residents of the district who request remedial
assistance, including those with high school diplomas.
(2) The district school boards shall work with the community
colleges in their districts in order to assure that the community
college students have access to remedial education.
(3) Beginning August 1, 1983, the Department of Education shall
submit an annual report to the Legislature outlining the progress
being made in the school districts, community colleges, and state
universities toward fulfilling the objectives of this section and s.
240.134.



Section 22. Subsection (3) is added to section 240.529, Florida
Statutes, 1982 Supplement, to read:



ffft-rtett ttt s., ut. ,.vw t ., ert ,e.ta as sta itahee b-.,f i=ps, .t p -t.. a.rt-



46



June 16, 1983









JOURNAL OF THE HOUSE OF REPRESENTATIVES



240.529 Approved teacher education programs.-
(2) Effective July 1, 1982, continued approval of specific teacher
education programs at each institution of higher learning within
the state shall be contingent upon the passing of the state written
examination required by s. 231.17 (2) by at least 80 percent of the
graduates of the program who take the examination.
(3) The State Board of Education may grant a waiver of the
requirements of subsection (2) on an annual basis to an institution
submitting a request for a waiver if such request includes a plan for
fulfilling said requirements. No waiver may be granted beyond the
1985-1986 academic year. On request of an institution, the Depart-
ment of Education shall provide an analysis of its graduates' per-
formance on the competencies assessed by the examination required
by s. 231.17.
Section 23. Section 240.60, Florida Statutes, 1982 Supplement,
is amended to read:
240.60 College career work experience program.-
(1) There is established the college career work experience pro-
gram, to be administered by the Department of Education. The
purpose of the program is to introduce eligible students to work
experience in their declared major areas of study. Such program
shall be available to:
(a) (4-) Any student attending a state university or community
college authorized by Florida law; and
(b) (2) Any student attending a nonprofit Florida college or uni-
versity which is accredited by a member of the Council on Postsecondary
Accreditation, the credits of which are acceptable, without qualifi-
cation, for transfer to a state university; which grants baccalaure-
ate or associate degrees; which is not a pervasively sectarian insti-
tution; and which is located in and chartered by the state.
(2) Each participating university or college shall give priority to
students who work as science laboratory assistants in high schools.
(3) Each participating university or college is empowered to
enter into a contractual agreement with any private or public em-
ployer for the purpose of establishing a career work experience
program. The public or private employer shall be responsible for
furnishing 50 percent of the student's wages. The participating
college or university shall furnish the remaining 50 percent of the
student's wages from moneys which it receives from the trust fund
established in s. 240.602.
Section 24. Subsection (2) of section 246.021, Florida Statutes,
1982 Supplement, is amended to read:
246.021 Definitions.-As used in ss. 246.011-246.151, unless the
context otherwise requires:
(2) "Out-of-state college" or "college outside the state" means
any college where the place of instruction, the legal place of resi-
dence, or the place of evaluation of instruction or work by corre-
spondence is not within the legal boundaries of this state. The
incorporation in Florida of a branch or center of an out-of-state
college or university shall not cause the branch or center of the
college or university to be considered an in-state institution.
PART IV
FLORIDA QUALITY EDUCATION
STUDY COMMISSION
Section 25. Florida Quality Education Study Commission.-
(1) There is created the Florida Quality Education Study Com-
mission which shall be composed of 23 members to include the
following: the Governor, who shall serve as chairman of the com-
mission; the Commissioner of Education; the President of the Sen-
ate and 2 members of the Senate to be appointed by him; the



Speaker of the House of Representatives and 2 members of the



House of Representatives to be appointed by him; 4 businessmen
appointed by the Council of 100 and 4 businessmen appointed by
the State Chamber of Commerce; 2 teacher union representatives
appointed by the Commissioner of Education; 1 school board mem-
ber, 1 superintendent, 1 principal, 1 teacher, and 1 parent, each
appointed by the Commissioner of Education.
(2) The commission shall have as its purpose the study of the
Florida public education system, to include but not be limited to,
study and recommendations for improvement of the following areas:
education standards, assessment, and pupil progression; length of
the school day and school year; teacher certification and recertifica-
tion; collective bargaining; teacher merit pay; vocational education;
and revenue sources for quality education. The commission shall
make recommendations to the Legislature by March 1, 1984, and
shall cease to exist after such date.
Section 26. Subsection (2) of section 229.95, Florida Statutes,
as created by this act, is repealed on July 1, 1993, and the Florida
High Technology and Industry Council shall be reviewed by the
Legislature pursuant to s. 11.611, Florida Statutes, the Sundown
Act.
Section 27. Amendments to sections of the Florida Statutes en-
acted by this act shall not operate to repeal or otherwise negate
amendments to the same sections which may have been enacted at
the 1983 Regular Session of the Florida Legislature and which are
not indicated herein, and full effect shall be given to each, if that is
possible. If provisions of this act are in direct conflict with amend-
ments enacted at the 1983 Regular Session of the Legislature, the
provisions of this act shall control.
Section 28. This act shall take effect July 1, 1983, except that
section 1 shall take effect July 1, 1984.
Rep. Carpenter moved the adoption of the amendment, which
was adopted without objection.


Representative Carpenter offered the following title amendment:
Amendment 2-On page 1, line 1, strike the entire title and
insert: A bill to be entitled An act relating to education; amending
s. 232.246, Florida Statutes; substantially revising general require-
ments for high school graduation; requiring completion of specified
credits; requiring mastery of performance standards; amending the
introductory paragraph of s. 232.2465, Florida Statutes, 1982 Sup-
plement, and paragraph (1) (a) thereof; including developmental
research school students in the Florida Academic Scholars' pro-
gram; revising requirements for qualification; creating s. 232.425,
Florida Statutes; providing student standards for participation in
interscholastic extracurricular activities; amending s. 229.814 (4),
Florida Statutes; revising requirements for the secondary level ex-
amination program; amending s. 232.247, Florida Statutes, relat-
ing to special high school graduation requirements for exceptional
students, revising terminology; providing for certificates of comple-
tion for profoundly handicapped students; creating s. 229.95, Flor-
ida Statutes; providing legislative intent to further economic devel-
opment jointly through education, business, industry, and government;
creating the Florida High Technology and Industry Council, a not
for profit corporation; establishing powers and duties of the council;
providing for a feasibility study for establishment of a Florida
School for Applied and High Technology; exempting council mem-
bers from financial disclosure; granting authority relating to pa-
tents, trademarks, and copyrights; providing for legislative review
and repeal of the Florida High Technology and Industry Council in
accordance with the Sundown Act; creating s. 229.89, Florida Stat-
utes; establishing, on district, regional, and state levels, the Florida
Teacher of the Year awards to recognize and reward superior per-
formance; amending s. 230.03, Florida Statutes; providing for man-
agement of the district school system; amending s. 230.23 (4) (m),
Florida Statutes, 1982 Supplement, relating to powers and duties of
school boards; revising provisions relating to hearings for identifi-



cation, evaluation, or placement of exceptional students; amending



June 16, 1983



47










JOURNAL OF THE HOUSE OF REPRESENTATIVES



s. 231.36 (3) (a) and (d), Florida Statutes, 1982 Supplement; provid-
ing for issuance of professional service contracts after July 1, 1984;
amending s. 234.211 (2) (b), Florida Statutes; requiring the same
amount of liability insurance coverage for buses transporting the
transportation disadvantaged and certain school-age children as for
buses transporting student membership; amending s. 237.34 (2) and
(3) (b), Florida Statutes, relating to cost accounting and reporting,
to correct cross references; providing for review of reports; changing
the date for presentation to the Legislature of the Commissioner of
Education's report; revising contents of such report; deleting obso-
lete language; creating s. 237.37, Florida Statutes; requiring an
annual School-Site Program Cost Review by the Commissioner of
Education; creating s. 233.61, Florida Statutes; authorizing the
Commissioner of Education to promote academic out-of-school learn-
ing activities; amending s. 232.04, Florida Statutes; deleting obso-
lete provisions and provisions authorizing early entrance to kin-
dergarten; amending s. 236.081 (6) (b), Florida Statutes; authoriz-
ing the Commissioner of Education to establish the amount of
allocation adjustment under certain conditions; amending s. 29 of
chapter 82-242, Laws of Florida; revising the date for repeal and
review of the Teacher Education Center Act of 1973; repealing s.
234.071, Florida Statutes, relating to the requirement that school
boards arrange for surveys of school transportation routes; amend-
ing s. 231.17 (2) (d), Florida Statutes, 1982 Supplement; revising
the date by which certification examination requirements must be
met; creating s. 240.134, Florida Statutes, relating to remedial and
developmental instruction in community colleges and state univer-
sities; limiting future remedial education courses in community
colleges and providing for shift of responsibility for remedial educa-
tion to district school boards; creating s. 232.2455, Florida Statutes;
providing for development of programs of remediation by the dis-
trict school boards; providing for access; providing for annual re-
ports to the Legislature; adding subsection (3) to s. 240.529, Florida
Statutes, 1982 Supplement, relating to requirements for approval
of teacher education programs; authorizing waiver of specified re-
quirements under certain conditions; providing for an analysis of
graduate performance by the department on request; amending s.
240.60, Fl9rida Statutes, 1982 Supplement; providing priorities with
respect to the college career work experience program; amending s.
246.021 (2) Florida Statutes, 1982 Supplement, relating to nonpub-
lic postsecondary institutions; revising the definition of "out-of-state
college"; creating the Florida Quality Education Study Commis-
sion to study the Florida public education system; providing for a
report to the' Legislature; providing effective dates.
Rep. Carpenter moved the adoption of the amendment, which
was adopted without objection.
On motion by Rep. Carpenter, the rules were waived and SB 6-B,
as amended, was read the third time by title. On passage, the vote
was:

Yeas-115



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas



Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher



Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.



Jones, C. F.
Jones, D. L.
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan



Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick



Reynolds
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon



Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch



Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Shackelford
So the bill passed, as amended, and was immediately certified to
the Senate after engrossment.


By the Committee on Regulated Industries & Licensing and Rep-
resentatives Ogden and Kutun-
CS/HB 14-B-A bill to be entitled an act relating to pari-mutuel
wagering; amending s. 550.04, Florida Statutes; relating to the
horseracing season; amending s. 550.08, Florida Statutes, 1982
Supplement; relating to the length of race meetings; providing
legislative intent; amending s. 550.081, Florida Statutes; relating
to the allocation of horseracing periods of operation; amending s.
550.0831, Florida Statutes; authorizing additional dogracing days
with respect to certain permitholders; amending s. 550.09 (3) (a)
and (b), Florida Statutes; relating to the tax on handle for certain
horseracing permitholders; amending s. 550.16 (2), Florida Statutes,
1982 Supplement, and adding a subsection; authorizing additional
commission to be withheld by horseracing permitholders; authoriz-
ing certain deductions by thoroughbred permitholders for minus
pools; amending s. 550.162 (3), Florida Statutes, 1982 Supplement;
authorizing certain permitholders to withhold amounts for capital
improvements on all exotic wagering; amending s. 550.262 (2) (b)
and (5), Florida Statutes, and adding a paragraph to subsection (4)
thereof; authorizing additional purses for harness racing; authoriz-
ing the release of certain harness racing funds for purses at
nonwagering racing meets; providing restrictions on the use of
moneys in the Florida Quarter Horse Racing Promotion Trust Fund;
amending s. 550.265 (6) (b), Florida Statutes, 1982 Supplement; pro-
viding for deposit of registration fees into the Florida Quarter Horse
Racing Promotion Trust Fund; restricting the use of such deposited
fees; amending s. 550.291 (1), Florida Statutes; relating to harness
racing, to conform to the act; amending s. 550.33 (7), Florida Stat-
utes, and adding a subsection; providing certain requirements for
quarter horse racing; authorizing nonprofit corporations to apply
for quarter horse permits and operate race meets under certain
circumstances; amending s. 220.13 (1), Florida Statutes, 1982 Sup-
plement, as amended by chapter 83-3, Laws of Florida; providing for
the taxation of certain pari-mutuel permitholders under the Corpo-
rate Income Tax Law; creating s. 550.333, Florida Statutes; author-
izing nonwagering racing meets; providing requirements for the
issuance of permits for such meets; providing restrictions on such
meets; providing the Division of Pari-mutuel Wagering certain en-
forcement authority over such meets; amending s. 550.41 (1), Flor-
ida Statutes, 1982 Supplement; relating to the summer thorough-
bred horse racing period; providing purses; authorizing certain char-
ity days; amending s. 550.35, Florida Statutes; providing penalties
for the communication of certain information regarding par-mutuel
events; authorizing intrastate and interstate transmission and re-
ception of broadcasts of certain pari-mutuel events; permitting wa-
gering on certain broadcast events; amending s. 551.09 (2), Florida
Statutes, 1982 Supplement; authorizing jai alai permitholders to
withhold amounts for capital improvements on all exotic wagering;
providing an effective date.
-was 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.



48



June 16, 1983











JOURNAL OF THE HOUSE OF REPRESENTATIVES



The Committee on Regulated Industries & Licensing offered the
following amendment:
Amendment 1-On page 7, lines 4-22, strike all of said lines
Rep. Ogden moved the adoption of the amendment.



of the handle on one or more exotic pools, at the option ofthe permitholder.
The thoroughbred permitholder operating the second winter racing
period as set in s. 550.081 may withhold up to an additional 2
percent of the handle on one or more exotic pools, at the option of the
permitholder.



Rep. Ogden moved the adoption of the amendment, which was
Representative Ogden offered the following substitute amendment: adopted without objection.



Substitute Amendment 1-On page 7, lines 6-22, strike all of
said lines and insert: 550.0831 Dogracing; racing periods.-
(1) Any pari-mutuel permitholder conducting dogracing in 1977
and thereafter in a county having only one such racetrack may
conduct dograce meets or meetings upon the days and dates of such
permitholder's choice, except that no racing shall be conducted on
Sunday, not to exceed the total of 105 racing days in each racing
year, plus charity and scholarship days,;
(2) Notwithstanding any other provision of this chapter any dogracing
permitholder whose total handle in fiscal year 1982 was less than
$25 million and whose track is within 75 miles of a dogracing track
in any other state may operate for an additional 20 days each racing
season. However, if within 5 years of the effective date of this act, any
permitholder which qualifies for such additional days moves the
facility from its present location or changes ownership, then this
subsection shall no longer be effective.
Rep. Ogden moved the adoption of the substitute amendment,
which was adopted without objection.

The Committee on Regulated Industries & Licensing offered the
following amendment:
Amendment 2-On page 26, line 6, strike "551.09" and insert:
551.06
Rep. Ogden moved the adoption of the amendment, which was
adopted without objection.

The Committee on Regulated Industries & Licensing offered the
following amendment:
Amendment 3-On page 27, lines 21 and 22, strike all of said
lines and insert: conducted at the facility in this state except
Rep. Ogden moved the adoption of the amendment, which was
adopted without objection.

Representative Ogden offered the following amendment:
Amendment 4-On page 23, line 7, strike "120" and insert: 127
Rep. Ogden moved the adoption of the amendment, which was
adopted without objection.

Representative Ogden offered the following amendment:
Amendment 5-On page 5, lines 17-22, strike all of said lines
Rep. Ogden moved the adoption of the amendment, which was
adopted without objection.

Representative Ogden offered the following amendment:
Amendment 6-On page 5, line 15, strike "60" and insert: 65
Rep. Ogden moved the adoption of the amendment, which was
adopted without objection.

Representative Ogden offered the following amendment:
Amendment 7-On page 10, lines 3-7, strike and insert: 2. In
addition to the commission authorized in subparagraph 1., a
permitholder who conducts horseracing under the provisions of this
chapter, except the thoroughbred permitholder, operating the second
winter racing period, may withhold up to an additional 1.5 percent



Representatives Gordon, Silver, and Reynolds offered the follow-
ing amendment:
Amendment 8-On page 4, line 16, after the period insert: Sec-
tion 2. Section 550.041, Florida Statutes, is created to read:
550.041 Thoroughbred horse racing Sunday operation.-Notwith-
standing any other provisions of this chapter, when January 1 or
January 2 falls on a Sunday, the permitholder authorized to operate
on that date may conduct racing on that day. Any permitholder
authorized to conduct thoroughbred horse racing under this chapter
shall be entitled to operate on any Sunday during its racing meet.
However, no winter thoroughbred permitholder shall be required to
operate more than 6 days per week, nor shall the summer thorough-
bred permitholder be required to operate more than 5 days per week.
(and renumber subsequent sections)
Rep. Gordon moved the adoption of the amendment.

Representative Meffert offered the following substitute amendment:
Substitute Amendment 8-On page 5, lines 1-31; page 6, lines
1-31; page 7, lines 1-3; page 7, lines 23-31; page 8, lines 1-31; page 9,
lines 25-31; page 10, lines 1-31; page 11, lines 1-31; page 12, lines
1-24, strike all of said lines and on page 3, line 11, insert:
Section 1. Findings of Fact and Declaration of Public Purpose:
(a) It is hereby declared that the following reasons justify the
exercise of the power of eminent domain of the state and constitute
a public use and purpose, and comprise an essential governmental
function and that the purposes of this act are in the public interest.
Hialeah Race Course, located in Hialeah, Florida has long been a
favorite tourist attraction, not only to the citizens of this state, but
citizens of other states; and Hialeah has over the years been the
scene of various motion pictures and has a substantial national
recognition in the field of thoroughbred horse racing.
(b) Hialeah has, since 1970, had three owners and has consis-
tently been before the Legislature of this State in an attempt to
gain greater profits in order to be able to continue to exist as an
entity in the free enterprise system; and it has become apparent
that any efforts of the State to make Hialeah a free enterprise,
profitable entity and to continue the existence of Hialeah as a
historic attraction are not possible without further expenditure of
State funds through reduction in taxes or through the visitation of
economic hardship on the rest of the thoroughbred industry.
(c) Hialeah is being condemned for the specific public purpose of
establishing Hialeah as a state park to enable the State to continue
to promote economic and commercial development of thoroughbred
racing in this State and to maintain the facilities located at Hia-
leah for future generations.
(d) The condemnation and use of Hialeah, the buildings and
parking facilities adjacent thereto is necessary in order that the
track remain as a historic corner stone of Florida racing and to
assist the entire thoroughbred industry in maintaining its attrac-
tiveness nationwide.
(e) It is in the public interest for the state to exercise its power
of eminent domain over Hialeah and condemnation proceedings
should be commenced as soon as possible; and the necessity therefore
is hereby declared as a matter of legislative determination.
Section 2. Condemnation of Hialeah Race Course authorized.-
The Department of Business Regulation shall file, pursuant to



49



June 16, 1983











JOURNAL OF THE HOUSE OF REPRESENTATIVES



chapter 73, Florida Statutes, condemnation proceedings against
Hialeah Race Course, located in Hialeah, Florida, and to retire the
Hialeah winter thoroughbred racing permit. Such filing shall be
done within 30 days of the effective date of this act.
Section 3. Section 550.081, Florida Statutes, is amended to read:
550.081 Allocation of horseracing periods of operation.-
(1) When there are two three or more winter thoroughbred horse
racing permitholders located within a 35-mile radius of each other,
an annual winter thoroughbred racing season consisting of 46 164
racing days, exclusive of Sundays, is authorized. Each winter
permitholder is authorized to operate in at least one in y one of
the three periods of racing hereinafter set out, and all racing days
shall be run consecutively, except that no track shall be required to
operate more than 6 days per week and no permit may compete
against the other. Each racing period is established as follows:
(a) The first period shall consist of 54 &6 racing days. No charity
or scholarship racing days may be operated during the first period.
(b) The second period shall consist of 50 racing days. The
permitholder authorized to conduct the second period shall, as a
condition of being granted the second period, agree to operate up to
30 racing days at Hialeah Race Course in Hialeah, Florida, each
and every year, which racing days shall be designated as the "Hia-
leah racing meet" and shall include the running of the Flamingo
stake race and such other stake races of national merit as are feasi-
ble, and the permitholder shall be permitted to operate the remain-
ing racing days at the permitholder's own facility. No charity or
scholarship racing days may be operated during the second period.
(c) The third period shall commence upon the completion of the
second period and shall consist of 69 60 racing days. No charity or
"scholarship racing days may be operated during the third period.
The permitholder granted the second period shall also be entitled to
operate in either the first or third period and shall be assigned such
period based upon a finding of the Florida Pari-mutuel Commission
that the operation in either the first or third period is in the best
interest of state tax revenue and the permitholder. The remaining
period of operation shall be granted to the remaining permitholder.
In allocating the racing periods contained herein, the Florida
Pari-mutuel Commission shall require the second period of racing
set forth above to commence on January 8 of each year, and if
January 8 shall fall on a day when racing is not authorized, the
second period shall commence on the next authorized racing day.
The Florida Pari-mutuel Commission may authorize 6 charity days
for winter thoroughbred permitholders to be operated by the summer
thoroughbred permitholder during the summer thoroughbred racing
period in addition to its regular and other authorized charity days.
Such charity days shall be allocated on the basis of 3 days for each
permitholder. The proceeds shall be paid over to each winter permitholder
that was authorized to conduct winter thoroughbred racing during
the immediately preceding winter thoroughbred racing season. The
proceeds from the 6 charity days shall be paid over to each of the
winter thoroughbred permitholders on an equal basis for distribu-
tion to authorized charities in accordance with the provisions of this
chapter within 30 days after receipt by the winter thoroughbred
permitholders.
(2) A special racing period is stabledd costing o-f 21 con
c c ci days, which inlue 6 chaty nd ahlo Lhi ds,
w h pc p riod of ang hall commnce thc day aftcr the
nl o fthc third pcrid of i. Th6 charity and
scho. hip days shall b. allocat.d on thc basis of 2 days for cach
..int. p of racing, a th procccds shall b paid to ach
scparat pcrmitholdcr on an q ba.i for distribution i acco.d.
ance w t t Thc Florida P utul

autho.... to conduct thc third p,. .riod of .. t .b oat n at
that pcriitholdzr's racetrack, unless that prmiitholdr declines to



permitholder shall decline to operate the special racing period, the
Florida Parim nutul Commission shall award the racing data to
"the permitholder authorized to conduct summer thoroughbred rac
ing, which per mitholder shall opeate the special acing period
except as provided in subsection (6).
(2) (&9 On or before January 4 of each year, each of the winter
thoroughbred horse race permitholders shall file in writing with
the Florida Pari-mutuel Commission its request for the racing peri-
ods the permitholder wishes to operate. On or before February 15 of
each year, the Division of Pari-mutuel Wagering shall, after a hearing
held pursuant to Chapter 120, Florida Statutes, at which findings of
fact and conclusions of law are prepared by the Florida Pari-mutuel
Commission, issue an annual license authorizing the permitholder
to conduct a race meeting during the periods granted by the Florida
Pari-mutuel Commission. In determining the award of racing dates,
the Florida Pari-mutuel Commission shall take into consideration
the ability of each permitholder to maximize tax revenue to the state,
along with the ability of each permitholder to attract quality thor-
oughbred horses and to offer quality racing; provided, however, that
no thoroughbred permit operated at a leased facility under the pro-
visions of s. 550.47 shall be entitled to operate the second period of
racing.
(3) (4) In the event any winter thoroughbred horse racing track
is prevented from operating any portion of the racing period allo-
cated to it as a result of prohibition of law or as a result of fire,
strike, or circumstances beyond the control of the track involved,
the track so prevented from operating shall be entitled to allocate
its unused days and dates to another winter thoroughbred horse
track permitholder located within a 35-mile radius of such track;
however, no such allocation shall change or alter any other annual
racing period already assigned. In the event the track so prevented
from operating is unable to allocate its unused days and dates
within 1 racing day after it becomes necessary, the Director of the
Division of Pari-mutuel Wagering is specifically authorized to so
allocate the unused days and dates as to protect the tax revenue of
the state.
(4) (6) The Division of Pari-mutuel Wagering is prohibited from
granting any permit, and there shall be no election in any county
for the ratification or rejection of any permit, to conduct horseracing
or sulky or harness racing at a location in an area in which there
are three horse racetracks located within 100 air miles of each
other. However, permits issued prior to May 21, 1968, and permits
for summer thoroughbred horse racing and quarter horse racing
shall not be affected by this subsection.
(5) (6) As a condition precedent to the granting of race dates, a
permitholder shall agree to operate the full number of regular
racing days authorized by this section during the racing period
authorized for each permitholder, except as otherwise authorized
by the Florida Pari-mutuel Commission.
Section 4. Subsection 3 of 550.09, Florida Statutes, is amended
to read:
550.09 Payment of daily license fee and taxes.-
(3) TAX ON HANDLE.-Each permitholder shall pay a tax on
contributions to pari-mutuel pools, the aggregate of which is here-
inafter referred to as "handle", on races conducted by the permitholder.
The tax shall be imposed daily and shall be based on the total
contributions to all pari-mutuel pools conducted during the daily
performance. In the event that a permitholder is authorized by the
Florida Pari-mutuel Commission to conduct, and does conduct more
than one performance daily, the tax shall be imposed on each per-
formance daily, the tax shall be imposed on each performance sepa-
rately. A "performance" is defined as a series of races conducted
consecutively under a single admission charge.
(a) The tax on handle for thoroughbred horse racing, harness
racing, and quarterhorse racing shall be 3.3 percent of the handle



in excess of $300,000 for each performance per day except as pro-
vided in paragraph (b) and (c).



operate. tha period on or rir to thl date on Lwhich the r,, ingL dates
re awardd und the povit ioens oft subse tion (8). In the event the



50



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



(b) The tax on handle for thoroughbred horse racing conducted
by a permitholders awarded the se- p e rid f winter thorough
.v,,z~su.LzS. o .s.v. i.. ds.. of winter .z~ ..L.L. 5h..sz z-



C of $175,000 for ach p .rformanc. p day. awarded racing
dates which are operated during the period January 8th through
April 30 of any year shall be 3.3% of the handle in excess of $1 75,000
for each performance per day. Provided, however, that when the
permitholder awarded the second period of racing conducts racing at
Hialeah Race Course for the days set forth above, no tax shall be
levied by the State on the conduct of that days and provided further
that all funds derived from the normal takeout, capital improvement
allowance, concessions, admissions, programs, parking and the like,
less actual expenses of the conduct of the meet shall be paid over to
the Hialeah Promotional Trust Fund to be administered by the
Division of Pari-mutuel Wagering for the purpose of the care, repair,
upkeep and maintenance of Hialeah Race Course throughout the
year. In addition, each thoroughbred permitted, except the horse
track in paragraph (c), shall increase the commission withheld on
exotic wagers by 0.5 percent and pay such 0.5 percent to the Hialeah
Promotional Trust Fund for the purpose of retiring any indebtedness
or cost created as a result of the condemnation of Hialeah Race
Course and, upon the payment of the debt created, the additional 0.5
percent requirement shall expire. a p..itholder a aided the sec-
od pl iod odf witr thofog hbrd horse rcin g a defined in s.
660.081 (1) shall be 8.3 percent Of the handle* in cxlu33 of $175,000
for each performance poer day.
(c) The tax on handle for any horse track where the average
daily handle on June 4, 1980, is less than $400,000 shall be 3.3
percent of the handle in excess of $500,000 for each performance
per day; however, at the completion of each racing season the
Division of Pari-mutuel Wagering shall review the records of the
average daily handle of that horse track, and at such time as the
average daily handle exceeds $500,000, the permitholder shall be
taxed at the rate established in the provisions of paragraph (a).
(d) The tax on handle for dogracing shall be 7.6 percent of the
handle in excess of $25,000 for each performance per day.
Section 5. The provisions of 550.08, Florida Statutes, shall not
be interpreted to prohibit a winter thoroughbred permitholder from
operating in excess of 50 racing days in any year where the opera-
tion of such additional racing days is consistent with the provisions
of this act.
Section 6. This act shall take effect upon becoming law, and the
racing dates shall be awarded as set forth herein upon the filing of
the condemnation proceedings.
Rep. Meffert moved the adoption of the substitute amendment.

REP. HODGES IN THE CHAIR
Rep. Richmond moved the previous question on the substitute
amendment, which was agreed to.

THE SPEAKER IN THE CHAIR
The question recurred on the adoption of Substitute Amendment
8, which failed of adoption. The vote was:

Yeas-57



Armstrong
Arnold
Bailey
Bell
Brantley
Brown, T. C.
Burnsed
Burrall
Clark
Clements
Combee



Crady
Danson
Dantzler
Davis
Deratany
Deutsch
Dunbar
Easley
Evans-Jones
Gallagher
Grindle



Hanson
Hawkins, M. E.
Hill
Hollingsworth
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Locke
Mackenzie
Martin
McEwan



Meffert
Messersmith
Mitchell
Nergard
Patchett
Ready
Reddick
Richmond
Sample
Sanderson
Selph



Shelley
Simone
Smith
Thompson

Nays-57
The Chair
Abrams
Allen
Bankhead
Bass
Bronson
Brown, C.
Burke
Carlton
Carpenter
Casas
Cortina
Crotty
Drage
Dudley



Titone
Tobin
Upchurch
Ward



Figg
Friedman
Gardner
Gordon
Grant
Gustafson
Hargrett
Harris
Hawkins, L. R.
Hazouri
Healey
Hodges
Jamerson
Johnson, B. L.
Johnson, R. C.



Watt
Webster
Wetherell
Williams



Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Logan
Martinez
Morgan
Murphy
Ogden
Pajcic
Peeples
Press
Reaves



Woodruff



Reynolds
Robinson
Ros
Silver
Simon
Spaet
Stewart
Thomas
Tobiassen
Wallace
Weinstock
Young



The question recurred on the adoption of Amendment 8 and,
without objection, the amendment was withdrawn.

Representatives Morgan and Ogden offered the following amend-
ment:
Amendment 9-On page 23, line 9, strike all of said line and
insert: daylight saving time, exclusive of Sundays, upon dates
Rep. Ogden moved the adoption of the amendment, which was
adopted without objection.
On motion by Rep. Ogden, the rules were waived and CS/HB
14-B, as amended, was read the third time by title. On passage, the
vote was:



Yeas-81
The Chair
Abrams
Allen
Arnold
Bass
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burrall
Carpenter
Casas
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany

Nays-29
Armstrong
Bailey
Bankhead
Bell
Burnsed
Carlton
Clark
Clements



Drage
Dunbar
Figg
Friedman
Gardner
Gordon
Grant
Grindle
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.



Deutsch
Dudley
Easley
Evans-Jones
Gustafson
Hollingsworth
Jamerson
Lewis



Jones, D. L.
Kutun
Lawson
Lehtinen
Liberti
Locke
Logan
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Murphy
Nergard
Ogden
Pajcic
Peeples
Ready
Reaves
Reddick



Lippman
Mackenzie
Martin
Morgan
Richmond
Sanderson
Selph
Titone



Robinson
Ros
Sample
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Tobiassen
Wallace
Ward
Watt
Weinstock
Woodruff



Tobin
Upchurch
Webster
Williams
Young



bred rnpfmpt a 4ernpetdnpr ift 660.081 (1) saH be 8.% r'I -j t athe



June 16, 1983



51



handle *T











52 JOURNAL OF THE HOUSE

Votes after roll call:
Yeas-Shackelford, Press, Reynolds
So the bill passed, as amended, and was immediately certified to
the Senate after engrossment.



E



By the Committee on Commerce and Representatives Gallagher,
Richmond, and Meffert-
CS/HB 23-B-A bill to be entitled An act relating to mortgages;
amending s. 95.281 (1) (b) and (2) (b), Florida Statutes, permitting
mortgagees to record and secure obligations of more than 20 years
when the original record of the obligation secured by a mortgage is
not ascertainable from the record of it; amending ss. 199.052 (7) (d),
201.08 (1), and 201.09 (3), Florida Statutes, 1982 Supplement, elim-
inating a requirement that certain mortgages be secured by a one-
to-four family structure with respect to the law governing returns
on intangible taxes and the law governing the documentary stamp
tax on mortgages; amending s. 199.062 (5) (a), Florida Statutes,
and s. 199.062 (6) (a), Florida Statutes, as amended; revising penal-
ties for failure to file required information with the Department of
Revenue or with stockholders; providing for application to the 1983
tax year; amending s. 665.0731 (5), Florida Statutes, deleting a
provision authorizing the mortgagor or his successor to file a notice
limiting optional future advances; amending s. 697.04 (1), Florida
Statutes, permitting mortgagors or their successors in title to limit
the principal amount secured by the mortgage and thereby pre-
clude future advances; exempting negative amortization and con-
struction loan agreements therefrom; amending s. 697.05 (2), Flor-
ida Statutes, providing a method for calculating the final payment
on an adjustable rate balloon mortgage; requiring disclosure; di-
recting the Department of Community Affairs to conduct a study
into the use of reverse annuity mortgages or similar instruments in
this state; adding s. 697.05 (5) (e), Florida Statutes, providing an
exemption from balloon mortgage provisions, for mortgages in ex-
cess of $500,000; requiring a written report to the Legislature;
providing an effective date.
-was read the first time by title. On motions by Rep. Richmond,
the rules were waived and CS/HB 23-B was read the second time by
title and the third time by title. On passage, the vote was:

Yeas-114



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Nays-None



Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.



Jones, D. L.
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



OF REPRESENTATIVES June 16, 1983

Votes after roll call:
Yeas-Shackelford

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



HB 1-B-A bill to be entitled An act relating to towing; amend-
ing s. 715.07 (2) (a), Florida Statutes, increasing the permissible
distance for the storage of towed vehicles in certain counties in the
state; providing an effective date.
-was read the second time by title. On motion by Rep. Simon, the
rules were waived and the bill was read the third time by title. On
passage, the vote was:

Yeas-112



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis



Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.



Jones, C. F.
Jones, D. L.
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves



Reddick
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



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

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has refused to concur in House amendment to SB 1-B, relat-
ing to appropriations, and requests the House to recede and, in the
event the House refuses to recede, requests a Conference Committee.
(House amendment attached to original bill)
Joe Brown, Secretary

On motion by Rep. Morgan, the House refused to recede from the
House amendment to SB 1-B and again requested the Senate to
concur and, failing to do so, acceded to the request for a Conference
Committee.
The Speaker announced the appointment of Representatives Mor-
gan, Pajcic, Bell, Thompson, Kutun, Easley, Gordon, Burnsed, Lipp-
man, Gardner, Gallagher, with Gustafson, Carpenter, Burrall, Ward,
Martinez, Mills, and Davis, alternates, as Managers on the part of
the House (same as SB 1195, Regular Session). The action, together











JOURNAL OF THE HOUSE OF REPRESENTATIVES



with SB 1-B and amendment attached thereto, was immediately
certified to the Senate.

The Honorable H. Lee Moffitt, Speaker

I am directed to inform the House of Representatives that the
Senate has passed SB 3-B and requests the concurrence of the
House.
Joe Brown, Secretary

By Senator Margolis-
SB 3-B-A bill to be entitled An act relating to taxation; s.
212.08 (7) (c), Florida Statutes, 1982 Supplement, as amended; clar-
ifying the definition of charitable institutions, scientific organiza-
tions, and veteran organizations; adding s. 212.08 (7) (u), Florida
Statutes, 1982 Supplement; providing exemptions for certain orga-
nizations which provide certain benefits to minors; creating s. 212.09,
Florida Statutes; establishing refund procedures; providing an ef-
fective date.
Rep. Kutun moved that SB 3-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:



Yeas-110
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis



Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, R. C.
Johnson, R. M.



Jones, C. F.
Jones, D. L.
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves



Reddick
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Silver
The motion was agreed to by the required Constitutional two-
thirds vote and SB 3-B was read the first time by title. On motion
by Rep. Kutun, the rules were waived and SB 3-B was read the
second time by title.

Representative Kutun offered the following amendment:
Amendment 1-On page 1, line 13, strike everything after the
enacting clause and insert: Section 1. Paragraphs (a) and (c) of
subsection (7) of section 212.08, Florida Statutes, 1982 Supplement,
as amended by Committee Substitute for Senate Bill 309 and Com-



mittee Substitute for Senate Bill 916, 1983 Regular Session, are
amended, and paragraph (v) is added to said subsection, to read:
212.08 Sales, rental, storage, use tax; specified exemptions.-The
sale at retail, the rental, the use, the consumption, the distribution,
and the storage to be used or consumed in this state of the following
tangible personal property a e hereby specifically exempt from the
tax imposed by this chapter.
(7) MISCELLANEOUS EXEMPTIONS.-
(a) Religious, charitable, scientific, educational, and veteran.-There
shall be exempt from the tax imposed by this chapter articles of
tangible personal property sold or leased directly to or by churches
or sold or leased to nonprofit religious, nonprofit educational, non-
profit scientific or nonprofit charitable institutions and the state
headquarters of any qualified veterans' organization and the state
headquarters of its auxiliary for veterans' orga-izatione when used
in carrying on their customary nonprofit religious, nonprofit educa-
tional, nonprofit scientific, nonprofit charitable, or veterans' orga-
nization activities, including church cemeteries. If a qualified vet-
eran organization or its auxilliary does not maintain a permanent
state headquarters, then articles of tangible personal property sold
or leased to such organization and used to maintain the office of the
highest ranking state official shall be exempt from the tax imposed
by this chapter.
(c) Restrictive definitions.-The provisions of this section authoriz-
ing exemptions from tax shall be strictly defined, limited, and
applied in each category as follows:
1. "Religious institutions" means churches and established physi-
cal places for worship in this state at which nonprofit religious
services and activities are regularly conducted and carried on.
2. "Educational institutions" means state tax-supported or pa-
rochial, church and nonprofit private schools, colleges, or universi-
ties conducting regular classes and courses of study required for
accreditation by or membership in the Southern Association of
Colleges and Secondary Schools, Department of Education, the Flor-
ida Council of Independent Schools, or the Florida Association of
Christian Colleges or Schools. Nonprofit libraries, art galleries, and
museums open to the public are defined as educational institutions
and are eligible for exemption. The term "educational institutions"
includes private nonprofit corporations whose purpose is to raise
funds for high schools, colleges and universities located in this
state. The term "educational institutions" includes any educational
television or radio network or system established pursuant to s.
229.805 or s. 229.8051 and any nonprofit television or radio station
which is a part of such network or system and which holds a
current exemption from federal income tax under s. 501 (c) (3) of the
Internal Revenue Code.

3. "Charitable institutions" means only nonprofit corporations
qualified as nonprofit pursuant to s. 501 (c) (3), United States Inter-
nal Revenue Code, 1954, as amended, and or other nonprofit enti-
ties, whose sole or primary function is providing, or raising funds
for organizations providing, one or more of the following services if
a reasonable percentage of such service is provided free of charge,
or a reasonable percentage is provided at substantially reduced
cost, to those unable to pay:
a. Providing medical aid for the relief of disease, injury, or
disability;
b. Providing on a regular basis physical necessities such as food,
clothing, or shelter;
c. Services which provide for the prevention or rehabilitation of
alcoholism or;, drug abuse;; the prevention of suicides,; or the alle-
viation of mental, physical or sensory health problems,' -and
d Social welfare services including adoption placement, child
care, community care for the elderly and other social welfare ser-



vices which clearly and substantially benefit a disadvantaged or
hardshipped client population;



June 16, 1983



53











JOURNAL OF THE HOUSE OF REPRESENTATIVES



e.d- Engaging primarily in medical research for the relief of the department before the purchase for which a refund is sought,
disease, injury, or disability; which permit shall be numbered and issued annually.



f e- Providing legal services.
4. "Veterans' organizations" means nationally chartered or rec-
ognized veterans' organizations including but not limited to; Flor-
ida chapters of the Paralyzed Veterans of America, Catholic War
Veterans U.S.A., and Jewish War Veterans, and the Disabled Ameri-
can Veterans, Department of Florida, Inc., holding a current exemp-
tion from federal income tax under s. 501 (c) (4) or s. 501 (c) (19) of
the Internal Revenue Code, or in the case of the Disabled Ameri.
can Veterans, Department of Florida, Inc., and its a xiliari4, und1r
61 (e) (4) f said codc.
5. "Scientific organizations" means scientific organizations in
Florida holding a current exemption from federal income tax under
s. 501 (c) (3) of the Internal Revenue Code. The exemption for scien-
tific organizations shall inure to the taxpayer only throtigh refund of
previously paid taxes.
6. The Department of Revenue shall adopt rules providing for
the review and renewal or revocation of exemptions granted to
religious, educational, scientific, or charitable institutions hereun-
der within 5 years from the date the exemption was established by
the department. Such rules shall provide procedures which allow
an organization whose exemption is proposed to be revoked by the
department a period of 6 months before the revocation shall become
effective to correct any operational deficiencies determined by the
department to exist.
a. Any institution whose exemption is revoked by the depart-
ment shall be subject to any tax, penalty, or interest due under this
chapter only after the effective date of the revocation.
b. Any institution whose qualification for exemption under s.
501 (c) (3), Internal Revenue Code, 1954, as amended, is revoked by
the Internal Revenue Service, and which has used such qualifica-
tion as the basis for exemption under this subsection, shall notify
the Department of Revenue of the revocation within 30 days and
shall provide to the department the facts and circumstances sur-
rounding the revocation.
c. All exemptions which have been heretofore granted by the
department under this subsection shall be reviewed and renewed or
revoked after the effective date of this act.
(v) Nationally recognized organizations providing special educa-
tional and social benefits to minors.-Purchases of tangible personal
property by the state headquarters or regional offices of the following
organizations shall be exempt from the tax imposed by this chapter to
the extent authorized herein. It is the legislative intent that this
exemption apply only to nationally recognized organizations of sig-
nificant longevity which primarily provide clear and substantial
educational and social benefits to minors, essentially more meaningful
in nature than merely recreational or supervisional services, includ-
ing the Boy Scouts of America, the Girl Scouts of America, Camp
Fire, Inc., 4-H, Boys Club, Girls Club, YMCA, YWCA, youth orga-
nizations sponsored and funded by nationally recognized religious
institutions, and parent-teacher associations. This exemption shall
inure to the taxpayer only through refund of previously paid taxes.
Section 2. Section 212.095, Florida Statutes, is created to read:
212.095 Refunds.-
(1) No exemption granted on a refund basis pursuant to this part
shall be authorized except as provided in this section.
(2) Agents of the department are authorized to go upon the prem-
ises of any refund permitholder, or duly authorized agent thereof to
make inspection to ascertain any matter connected with the operation
of this section or the enforcement thereof However, no agent shall
enter the dwelling of any person without the occupant's consent or
authority from a court of competent jurisdiction.
(3) (a) No person shall secure a refund under this part unless
such person is the holder of an unrevoked refund permit issued by



(b) To procure a permit, every person shall file with the depart-
ment an application on forms furnished by the department stating
that he is entitled to a refund according to the provisions of this part
and that he intends to file an application for refund for the current
calendar year, and shall furnish the department such other informa-
tion as the department shall request.

(c) No person shall in any event be allowed a refund unless he
has filed the application provided for in paragraph (b) with the
department. The permit shall be effective on the date issued by the
department.

(d) If an applicant for a refund permit has violated any provision
of this section or any regulation pursuant thereto, or been convicted
of bribery, theft, or false swearing within the period of 5 years
preceding the application, or if the department has evidence of the
applicant's financial irresponsibility, the department may require
the applicant to execute a corporate surety bond of $1,000 to be
approved by the department, conditioned upon the payment of all
taxes, penalties, and fines for which such applicant may become
liable under this part.

(4) (a) When a sale is made to a person who claims to be entitled
to a refund under this section, the seller shall make out a sales
invoice, which shall contain the following information:

1. The name and business address of the purchaser.

2. A description of the item sold.
3. The date on which purchase was made.
4. The price and amount of tax paid for said item.

5. The name and place of business of the seller at which the sale
was made.

6. The refund permit number of the purchaser.
(b) The sales invoice shall be retained by the purchaser for at-
tachment to his application for refund, as a part thereof. No refund
shall be allowed unless the seller executes such invoice and proof of
payment of such taxes for which refund is claimed is attached. The
department may refuse to grant a refund if the invoice is incomplete
and fails to contain the full information required herein.

(c) No person shall execute a sales invoice, as described in para-
graph (a), except a dealer duly registered pursuant to this part, or an
authorized agent thereof.

(5) The right to receive any refund under the provisions of this
section shall not be assignable, except to the executor or administra-
tor, or to the receiver, trustee in bankruptcy, or assignee in insolvency
proceedings, of such person entitled thereto.

(6) (a) No refund shall be authorized unless sworn applications
therefore containing the information required herein are filed with
the department not later than 30 days immediately following the
quarter for which refund is claimed When claim is filed after said
30 days and there is presented to the department a justified excuse
for late filing and the last preceding claim has been filed on time,
such late filing may be accepted through 60 days following said
quarter. No refund shall be authorized unless the amount due is for
$5 or more in any quarter and unless application is made upon
forms prescribed by the department.
(b) Claims shall be filed and paid on a calendar quarter basis.
The department shall deduct a fee of $2 for each claim, which $2
shall be deposited in the General Revenue Fund

(c) Refund application forms shall include at a minimum the
following information"



54



June 16, 1983











JOURNAL OF THE HOUSI



1. The name and address of the person claiming said refund.
2. The refund permit number of the said person.
3. The location at which the items for which a refund is claimed
are used.
4. A description of said item and the purpose for which the item
was acquired.
5. Copies of the sales invoices of items for which a refund is being
claimed.
(7) (a) Each registered dealer shall, in accordance with the de-
partment's requirements, keep at his principal place of business in
this state, or at the location where the sale is made, a complete record
or duplicate sales tickets of all items sold by him for the refund
provided in this section, which records shall contain the information
required in paragraph (4) (a). No licensed dealer or his agent or
employee shall acknowledge or assist in the preparation of any claim
for tax refund.
(b) Every person to whom a refund permit has been issued under
this section shall, in accordance with the department's requirements,
keep at his residence or principal place of business in this state a record
of each purchase for which a refund is claimed, including the infor-
mation required in paragraph (4) (a).
(c) The records required to be kept under this subsection shall at
all reasonable hours be subject to audit or inspection by the depart-
ment or by any person duly authorized by it. Such records shall be
preserved and shall not be destroyed until 3 years after the date the
item to which they relate was sold or purchased.
(d) The department shall keep a permanent record of the amount
of refund claimed and paid to each claimant. Such records shall be
open to public inspection.
(8) (a) If any taxes are erroneously refunded, the department shall
advise the payee by registered mail of the erroneous refund. If the payee
fails to reimburse the state within 15 days after the receipt of letter,
an action may be instituted by the department against such payee in
the circuit court, and the department shall recover from the payee the
amount of the erroneous refund plus a penalty of 25 percent.
(b) No person shall knowingly make a false or fraudulent state-
ment in an application for refund permit or in an application for
refund of any taxes under this section; fraudulently obtain a refund
of such taxes; or knowingly aid or assist in making any such false or
fraudulent statement or claim.
(c) The refund permit of any person who violates any provisions
of this section shall be revoked by the department and may not be
reissued until 2 years have elapsed from the date of such revocation.
The refund permit of any person who violates any other provision of
this part may be suspended by the department for any period, in its
discretion, not exceeding 6 months.
(9) Refund permits and refund application forms shall include
instructions for dealers and purchasers as to the relevant require-
ments of this section.
Section 3. This act shall take effect on the effective date of
Committee Substitute for Senate Bill 916, 1983 Regular Session,
provided that if this act becomes a law after said date, it shall
operate retroactively to said date.
Rep. Kutun moved the adoption of the amendment, which was
adopted without objection.


Representative Kutun offered the following title amendment:
Amendment 2-On page 1, lines 1 thru 11, strike all of said
language and insert: A bill to be entitled An act relating to tax on
sales, use and other transactions; amending s. 212.08 (7) (a) and (c),



Florida Statutes, 1982 Supplement, as amended, and adding para-
graph (v) to said subsection; revising provisions relating to exemp-



June 16, 1983



Representative Gordon offered the following amendment:
Amendment 5-On page 5, line 16, after "YWCA" insert:, YMHA,
YWHA



E OF REPRESENTATIVES 55

tions from said tax; revising the definition of "charitable institu-
tions"; revising the definition of "veterans' organizations" and pro-
viding that the exemption applies to the state headquarters of a
veterans' organization auxiliary; providing that the exemption for
scientific organizations shall inure through refund of previously
paid taxes; providing an exemption for purchases by state head-
quarters or regional offices of nationally recognized organizations
providing special educational and social benefits to minors and
providing that the exemption shall inure only through refund; cre-
ating s. 212.095, Florida Statutes; providing procedures for exemp-
tions granted on a refund basis; providing powers for inspection for
the Department of Revenue; providing for refund permits; requir-
ing bond under certain conditions; requiring the execution of sales
invoices; providing for application for refund; providing a fee; re-
quiring certain records and providing for inspection thereof; provid-
ing for repayment of erroneous refunds; providing a penalty; pro-
hibiting certain false or fraudulent statements and activities; providing
for revocation of refund permits under certain conditions; providing
an effective date.
Rep. Kutun moved the adoption of the amendment, which was
adopted without objection.

Representative C. F. Jones offered the following amendment:
Amendment 3-On page 10, line 6, insert a new Section 3 and
renumber following sections:
Section 3. Paragraph (e) is added to subsection (5) of s. 212.08,
Florida Statutes, 1982 Supplement, as amended by Committee Sub-
stitute for Senate Bill 916 and Committee Substitute for Senate
Bill 309, 1983 regular session, to read:
212.08 Sales, rental, storage, use tax; specified exemptions.-The
sale at retail, the rental, the use, the consumption, the distribution,
and the storage to be used or consumed in this state of the following
tangible personal property are hereby specifically exempt from the
tax imposed by this chapter.
(5) EXEMPTIONS; ACCOUNT OF USE.-
(e) Gas used for certain agricultural purposes.-Butane gas, pro-
pane gas and all other forms of liquified petroleum gases shall be
exempt from the tax imposed by this chapter if used in any tractor,
vehicle, or other farm equipment which is used exclusively on a farm
or for processing farm products on the farm and no part of which is
used in any vehicle or equipment driven or operated on the public
highways of this state. This restriction shall not apply to the move-
ment of farm vehicles or farm equipment between farms. The trans-
porting of bees by water and the operating of equipment used in the
apiary of a beekeeper shall also be deemed an exempt use. This
exemption shall inure to the taxpayer only through refund of pre-
viously paid taxes. Refunds under this paragraph (e) shall be author-
ized and administered as provided in s. 212.92.
Rep. Jones moved the adoption of the amendment, which was
adopted without objection.

Representative C. F. Jones offered the following title amendment:
Amendment 4-On page 2, line 4, after the semicolon insert:
; creating paragraph (e) of s. 212.08 (5), Florida Statutes, 1982 ses-
sion, as amended by legislation of the 1982 regular session; provid-
ing an exemption for gases used for certain agricultural purposes;
providing for refunds;
Rep. Jones moved the adoption of the amendment, which was
adopted without objection.
On motion by Rep. Kutun, the rules were waived and SB 3-B, as
amended, was read the third time by title.











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Rep. Gordon moved the adoption of the amendment, which was
adopted by two-thirds vote.

The question recurred on the passage of SB 3-B. The vote was:

Yeas-113



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Deutsch, Shackelford
So the bill passed, as amended, and was immediately certified to
the Senate after engrossment.

By the Committee on Commerce and Representatives Gustafson
and Gallagher-
CS/HB 17-B-A bill to be entitled An act relating to workers'
compensation; amending s. 440.20 (13) (d), Florida Statutes, as amended,
relating to payment of compensation, to clarify; amending s. 440.51,
Florida Statutes, modifying the current method of deriving admin-
istrative costs; lowering the maximum assessment rate; providing
for payment of supplemental benefits; providing for use of a statis-
tical organization; creating s. 440.515, Florida Statutes, providing
for confidentiality of certain records; reenacting s. 440.56 (6), Flor-
ida Statutes, to incorporate the amendment to s. 440.51, Florida
Statutes, in a reference thereto; providing an effective date.
-was read the first time by title. On motions by Rep. Gustafson,
the rules were waived and CS/HB 17-B was read the second time by
title and the third time by title. On passage, the vote was:

Yeas-107



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell



Brantley
Bronson
Brown, C.
Brown, T. C.
Burnsed
Burrall
Carlton
Carpenter
Casas



Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis



Deratany
Deutsch
Drage
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gardner



Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.



Jones, C. F.
Jones, D. L.
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mitchell
Morgan



Murphy
Nergard
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone



Smith
Spaet
Stewart
Thomas
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-1
Dudley
Votes after roll call:
Nays-Shackelford
So the bill passed and was immediately certified to the Senate.

HB 41-B-A bill to be entitled An act relating to emergency
management; amending ss. 23.1225 (2), 101.74, 116.111 (4), 160.02 (11),
163.03 (1) (c) and the introductory paragraph of said subsection,
163.360 (9), 175.021, 216.231 (1) (b), 217.01, 250.06 (3), 255.24 (2),
(3), and (4), 287.25 (14), 287.28, 365.171 (4) (b), 376.13 (1) and (2),
401.015, 409.60, 600.021 (3), and 876.16 (4), Florida Statutes, and
ss. 220.02 (7) (b) and (8) (b), 220.03 (1) (g), (h), and (p), 395.005 (1) (b),
401.33 (5), and 790.25 (3) (c), Florida Statutes, 1982 Supplement,
modifying terminology to provide for state and local emergency
management systems, rather than disaster preparedness and civil
defense systems; revising various provisions of chapter 252, Florida
Statutes, the "State Disaster Preparedness Act of 1974," and re-
naming same as the "State Emergency Management Act"; con-
forming terminology; modifying definitions; modifying provisions
relating to powers of the Division of Public Safety Planning and
Assistance of the Department of Community Affairs to remove
provisions relating to powers of the Governor; clarifying certain
division powers; providing for annual division reports; clarifying
provisions relating to powers of the Governor in time of emergency;
increasing from 30 to 60 days the period that a declared state of
emergency may continue without renewal; deleting the require-
ment that the Governor appoint full-time state and area directors;
reorganizing provisions relating to financing to include authority
to accept services, gifts, grants, and loans; clarifying provisions
relating to powers of political subdivisions with respect to emer-
gency management; authorizing municipalities to form municipal
emergency management agencies and providing for coordination of
the activities thereof with county activities; modifying provisions
relating to local appointment of directors; deleting provisions au-
thorizing political subdivisions to create disaster advisory councils;
authorizing political subdivisions to request state assistance or in-
voke mutual-aid assistance by declaring a state of local emergency;
providing limitations thereon; providing that certain interjurisdictional
arrangements may be established upon request of two or more
adjoining political subdivisions; providing for division assessment
of the need for such arrangements; authorizing political subdivi-
sions to enter into mutual-aid arrangements directly, rather than
through the division, under specified conditions; authorizing the
lease or loan of state property to the various federal emergency
management agencies under certain conditions; correcting out-of-
date cross-references; providing for liability of organizations; di-
recting the wing commander of the Florida Wing of the Civil Air
Patrol to make certain annual reports; renaming the Bureau of
Disaster Preparedness within the division as the "Bureau of Emer-
gency Management"; repealing s. 252.49, Florida Statutes, relating



56



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



to authority to accept services, gifts, grants, and loans; providing
an effective date.
-was taken up. On motions by Rep. Martin, the rules were
waived and HB 41-B was read the second time by title and the third
time by title. On passage, the vote was:
Yeas-112



Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.



Jones, D. L.
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds



Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Shackelford, C. F. Jones
So the bill passed and was immediately certified to the Senate.

HB 45-B-A bill to be entitled An act relating to receptive tour
operators; amending s. 559.925 (1), Florida Statutes, 1982 Supple-
ment, as amended by Committee Substitute for House Bill 1020,
enacted at the 1983 Regular Session of the Legislature; defining
"foreign tourists"; providing an effective date.
-was taken up. On motions by Rep. Spaet, the rules were waived
and HB 45-B was read the second time by title and the third time
by title. On passage, the vote was:

Yeas-106



Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch
Drage
Dudley
Dunbar
Easley



Evans-Jones Hollingsworth
Figg Jamerson
Friedman Johnson, B. L.
Gardner Johnson, R. C.
Gordon Johnson, R. M.
Grant Jones, D. L.
Grindle Kutun
Gustafson Lawson
Hanson Lewis
Hargrett Liberti
Harris Lippman
Hawkins, L. R. Locke
Hawkins, M. E. Logan
Hazouri Mackenzie
Healey Martin
Hill Martinez
Hodges McEwan



Meffert
Messersmith
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Peeples
Press



Ready
Reaves
Reddick
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley



Simon
Simone
Smith
Spaet
Stewart
Thomas
Titone
Tobiassen
Tobin
Wallace



Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis



Nays-None
Votes after roll call:
Yeas-Shackelford, C. F. Jones, Thompson
So the bill passed and was immediately certified to the Senate.

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired constitutional two-thirds vote and passed SB 12-B and re-
quests the concurrence of the House.
Joe Brown, Secretary

By Senator Thomas-
SB 12-B-A bill to be entitled An act relating to burial insur-
ance; amending s. 639.07, Florida Statutes; providing definitions;
amending s. 639.08, Florida Statutes; providing clarifying language;
amending s. 639.09, Florida Statutes; requiring a certificate of
authority; amending s. 639.10, Florida Statutes; providing for expi-
ration and renewal of certificates of authority; providing for an
annual statement; providing evidence of financial solvency; requir-
ing certain disclosures; creating s. 639.105, Florida Statutes; pro-
viding for the approval of forms; amending s. 639.11, Florida Stat-
utes; providing for disposition of funds received on preneed contracts;
amending s. 639.13, Florida Statutes, 1982 Supplement; providing
for the cancellation of preneed contracts and certain liquidated
damages; amending ss. 639.14, 639.15, Florida Statutes; providing
conforming language; amending s. 639.16, Florida Statutes; provid-
ing grounds for suspension and revocation of certificates of authori-
ty; providing for notice, effect, and publication of suspension order;
providing for duration of suspension and for reinstatement; creat-
ing s. 639.164, Florida Statutes; providing for the confidentiality of
certain investigation and examination records; creating s. 639.165,
Florida Statutes; providing for dissolutions and liquidations; creat-
ing s. 639.166, Florida Statutes; providing for administrative fine
in lieu of suspension or revocation of certificate of authority; amend-
ing ss. 639.17, 639.20, 639.21, Florida Statutes; providing clarify-
ing language; creating s. 639.185, Florida Statutes; providing for
the registration of preneed agents with the Department of Insur-
ance; amending s. 470.028, Florida Statutes, 1982 Supplement;
deleting the requirement that preneed agents be registered with
the Department of Professional Regulation; amending s. 470.002 (4),
Florida Statutes, 1982 Supplement; and amending ss. 470.019 (2) (f),
470.036 (1) (q), Florida Statutes; conforming language; creating ss.
639.22, 639.23, Florida Statutes; prohibiting and defining certain
unfair methods of competition and unfair or deceptive practices;
creating s. 639.24, Florida Statutes; empowering the department to
conduct certain examinations and investigations; creating s. 639.25,
Florida Statutes; authorizing the department to conduct certain
hearings in accordance with chapter 120, Florida Statutes; creating
s. 639.26, Florida Statutes; requiring the department to issue cease
and desist orders under certain circumstances; providing for an
administrative penalty; creating s. 639.27, Florida Statutes; pro-
viding for appeal; creating s. 639.28, Florida Statutes; providing a
penalty for violation of cease and desist orders; creating s. 639.29,
Florida Statutes; providing for injunctions; creating s. 639.30, Flor-
ida Statutes; providing for civil liability; reviving and readopting
chapter 639, Florida Statutes, as amended, notwithstanding the



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton



June 16, 1983



57










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Regulatory Sunset Act; repealing s. 639.06, Florida Statutes, relat-
ing to declaration of policy; repealing s. 639.18, Florida Statutes,
relating to false, fraudulent, and deceptive advertising and selling
practices; repealing s. 639.19, Florida Statutes, relating to legisla-
tive intent; providing for legislative review; providing an effective
date.
Rep. Kutun moved that SB 12-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:



Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.



Jones, D. L.
Kutun
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds



Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-1
Simone
The motion was agreed to by the required Constitutional two-
thirds vote and SB 12-B was read the first time by title. On motions
by Rep. Bell, the rules were waived and SB 12-B was read the
second time by title and the third time by title. On passage, the
vote was:



Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner



Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.



Jones, D. L.
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard



Yeas-11
The Chair
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bass
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Carpenter
Casas
Clark



Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones



Figg
Friedman
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges



Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan



Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Smith



Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace



Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-1
Simone
Votes after roll call:
Nays-Shackelford
So the bill passed and was immediately certified to the Senate.

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired constitutional two-thirds vote and passed SB 22-B and re-
quests the concurrence of the House.
Joe Brown, Secretary


By Senator D. Childers-
SB 22-B-A bill to be entitled An act relating to mobile home
parks and recreational vehicle parks; revising, reviving, and re-
adopting, notwithstanding the Regulatory Sunset Act, chapter 513,
Florida Statutes; amending ss. 125.0104 (3) (a), 381.031 (1) (g),
513.01, 513.02, 513.03, 513.05, 513.08, 513.10, 713.77, Florida Stat-
utes; creating ss. 513.045, 513.055, 513.13, Florida Statutes; pro-
viding definitions; requiring permit; providing authority of Depart-
ment of Health and Rehabilitative Services; prohibiting improper
disposal; providing for enforcement; providing penalties; requiring
fees; providing for revocation of permit; authorizing eviction from
recreational vehicle parks for certain violations; amending s. 633.05 (8),
Florida Statutes; transferring regulatory authority for fire safety
standards from the Department of Health and Rehabilitative Ser-
vices to the State Fire Marshal; allowing to stand repealed under
the Regulatory Sunset Act ss. 513.04, 513.06, 513.07, 513.09 and
513.12, Florida Statutes, relating to issuance of permits, rules to be
posted in camps, parking of trailer on watersheds, maintaining
camp without permit, and obtaining accommodations with intent to
defraud; providing for legislative review; providing an effective
date.

Rep. Lippman moved that SB 22-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:

Yeas-106



Yeas-111
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carpenter
Casas
Clark



58



June 16, 1983











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden



Pajcic
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Robinson
Ros
Sample
Sanderson
Selph



Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin



Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None
The motion was agreed to by the required Constitutional two-
thirds vote and SB 22-B was read the first time by title. On motions
by Rep. Lippman, the rules were waived and SB 22-B was read the
second time by title and the third time by title. On passage, the
vote was:

Yeas-114



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany



Deutsch Jones, D. L.
Drage Lawson
Dudley Lehtinen
Dunbar Lewis
Easley Liberti
Evans-Jones Lippman
Figg Locke
Friedman Logan
Gallagher Mackenzie
Gardner Martin
Gordon Martinez
Grant McEwan
Grindle Meffert
Gustafson Messersmith
Hanson Mills
Hargrett Mitchell
Harris Morgan
Hawkins, L. R. Murphy
Hawkins, M. E. Nergard
Hazouri Ogden
Healey Pajcic
Hill Patchett
Hodges Peeples
Hollingsworth Press
Jamerson Ready
Johnson, B. L. Reaves
Johnson, R. C. Reddick
Johnson, R. M. Reynolds
Jones, C. F. Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-None

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


HB 18-B-A bill to be entitled An act relating to professional
regulation; amending s. 20.30 (2) (a), (3), and (4) (x), Florida Stat-
utes, 1982 Supplement, and adding a paragraph thereto, renaming
a division and board within the Department of Professional Regula-
tion, and adding the Board of Acupuncture; amending s. 120.71,
Florida Statutes, changing procedures for the disqualification of
agency personnel in administrative proceedings; providing for rules;
amending ss. 310.011 and 310.021 (1) and adding a new subsection
(1) to s. 310.151, Florida Statutes, restricting the members of the
Board of Pilot Commissioners who may vote on rate matters; amend-
ing s. 310.131, Florida Statutes, authorizing procedures for the
verification of amounts of pilotage at each port; adding a subsection
to s. 455.203, Florida Statutes, authorizing peer review of certain
health care providers; amending s. 455.207 (3) and (4), Florida Stat-
utes, providing basis upon which a vacancy can occur on a board
and providing that telephone conference calls shall not be included



in the definition of "other business of the board"; amending s.
455.213 (2), Florida Statutes, providing for initial license fees for
professional licenses; amending s. 455.217 (1), Florida Statutes, 1982
Supplement, authorizing the limited release of certain examination
information; creating s. 455.220, Florida Statutes, establishing peer
review of treatment by chiropractic physicians; amending s. 455.225 (3),
Florida Statutes, changing complaint procedures involving persons
regulated by the department; exempting probable cause panel pro-
ceedings from certain notice requirements; amending s. 455.227 (1),
Florida Statutes, providing an additional ground for discipline by
regulatory boards within the Department of Professional Regula-
tion; amending s. 455.241 (2), Florida Statutes, 1982 Supplement,
authorizing the department to obtain certain patient records of
naturopathic physicians; amending s. 458.311 (1) (b) and (4), Flor-
ida Statutes, requiring graduation from an allopathic medical school
or college; providing for board waiver of certain educational re-
quirements for licensure of physicians; amending s. 458.331 (1) (f),
Florida Statutes, 1982 Supplement, providing an exception to vio-
lation reporting requirements; creating s. 458.3311, Florida Stat-
utes, creating the impaired professionals advisory committee; pro-
viding its duties; providing for consultants and for the confidentiality
of certain information; providing for reports of impairment; amend-
ing s. 458.337 (1) (b), Florida Statutes, requiring notification to the
department of disciplinary action by ambulatory surgical centers or
nursing homes against physicians; creating s. 459.0076, Florida
Statutes, authorizing osteopathic faculty certificates; amending s.
459.015 (1) (s), Florida Statutes, providing for certain mental and
physical examinations of osteopathic physicians and restricting the
use of related information; amending s. 459.017, Florida Statutes,
expanding provisions relating to the release of certain medical
reports during an investigation; amending s. 460.406 (2), Florida
Statutes; extending the date for waiver of accreditation and ap-
proval requirements for chiropractic colleges; providing additional
provisions for waiver; deleting requirement for department to make
available certain courses; amending s. 460.413 (1) (n), Florida Stat-
utes, expanding the types of chiropractic records which must be
kept; creating s. 461.0095, Florida Statutes, requiring licensed po-
diatrists to disclose whether they accept Medicare assignment re-
imbursements; amending s. 462.08 (4), Florida Statutes, increasing
the naturopathy license renewal fee; amending s. 462.14, Florida
Statutes, changing the grounds for and types of disciplinary action
against naturopathic physicians; amending s. 463.014 (2), Florida
Statutes, changing the types of corporations or organizations which
may employ optometrists to provide optometric services to employ-
ees; amending s. 464.018 (1) (h) and (i), Florida Statutes, providing
for certain mental or physical examinations of nurses and restrict-
ing the use of related information; providing an exception to viola-
tion reporting requirements; creating s. 464.0185, Florida Statutes,
providing for use of the impaired professionals advisory committee
consultants with respect to impaired nurses; amending s. 465.003 (3),
Florida Statutes, 1982 Supplement, adding new types of pharma-
cies; amending s. 465.007 (1) (b), Florida Statutes, adding require-
ments for licensure as a pharmacist; adding a subsection to s.
465.008, Florida Statutes, providing for consultant pharmacist li-
censes; amending s. 465.016 (1) (e), Florida Statutes, providing for
the discipline of pharmacists violating specified federal law; creat-
ing ss. 465.0195 and 465.0196, Florida Statutes, providing proce-
dures and conditions for the issuance of permits for radiopharmacies
and special pharmacies; amending s. 465.023(1), Florida Statutes,
authorizing alternative disciplinary actions against pharmacy per-
mittees; amending s. 468.1665 (1) and (2), Florida Statutes, decreas-
ing and changing the membership of the Board of Nursing Home
Administrators; amending s. 468.1705 (2), Florida Statutes, 1982
Supplement, changing provisions relating to licensure of nursing
home administrators by endorsement; creating s. 468.1756, Florida
Statutes, providing a statute of limitations for certain violations by
nursing home administrators; amending s. 468.322 (1), Florida Stat-
utes, and adding a subsection; redefining "acupuncture"; providing
a definition; creating s. 468.3225, Florida Statutes; providing a
board; providing duties and membership, appointment, and terms;



creating s. 468.3226, Florida Statutes; authorizing board rules; amend-
ing s. 468.323, Florida Statutes, 1982 Supplement; establishing an
additional certification requirement, deleting a requirement, and



June 16, 1983



59










JOURNAL OF THE HOUSE OF REPRESENTATIVES



removing the cap on certification and reexamination fees and au-
thorizing application and examination fees; providing that certain
Oriental nomenclature be used in the examination upon request;
providing that certain persons be qualified without examination;
providing that certain persons be qualified to take the examination;
amending s. 468.324, Florida Statutes; removing the cap on re-
newal fees and penalties and providing for establishment by the
board; providing for continuing education requirements; amending
s. 468.325 (2) and (3), Florida Statutes; establishing the board's
authority over disciplinary actions; providing that certain persons
may retake certain portions of the examination a limited number of
times; repealing s. 468.327, Florida Statutes, 1982 Supplement,
relating to department rulemaking authority; repealing s. 468.3245,
Florida Statutes, 1982 Supplement, relating to apprenticeship pro-
grams; amending s. 471.003 (1) and (2) (i), Florida Statutes, 1982
Supplement, and s. 471.031 (1) (b), Florida Statutes; prohibiting un-
registered engineers from holding themselves out as being regis-
tered; changing the types of construction projects upon which cer-
tain electrical, plumbing, air-conditioning, or mechanical contrac-
tors may work without being registered engineers; amending s.
472.005 (1), Florida Statutes, and s. 472.007 (1), Florida Statutes,
1982 Supplement, renaming the Board of Land Surveyors; amend-
ing s. 472.013 (2) and (4), Florida Statutes, changing examination
prerequisites for applicants for land surveyor licenses; amending s.
472.033 (1) (h), Florida Statutes, expanding certain grounds for dis-
ciplinary action against land surveyors; amending s. 473.303 (1),
Florida Statutes, expanding the membership of the Board of Ac-
countancy; amending s. 473.313, Florida Statutes, revising provi-
sions relating to inactive status of accountants' licenses; providing
a restriction upon the duration of inactive status; providing excep-
tions; amending s. 474.203 (4), Florida Statutes, restricting the ex-
emption from licensure as a veterinarian for certain vaccination of
animals; adding a subsection to s. 474.207, Florida Statutes, au-
thorizing certain practice by unlicensed veterinarians awaiting ex-
amination results; repealing s. 474.209, Florida Statutes, relating
to temporary permits to practice veterinary medicine; amending s.
475.125, Florida Statutes, 1982 Supplement, providing for the re-
fund of application and license fees for real estate brokers and
salesmen; amending s. 475.17 (1) and (2), Florida Statutes, 1982
Supplement, prohibiting the licensure of certain persons; changing
education requirements; amending s. 475.175, Florida Statutes,
1982 Supplement, requiring educational institutions and real es-
tate schools to notify the Real Estate Commission of persons satis-
factorily completing certain education requirements; amending s.
475.181 (2), Florida Statutes, 1982 Supplement, and adding a sub-
section, providing for the expiration of licensure applications and
certifications; amending s. 475.23, Florida Statutes, 1982 Supple-
ment, clarifying provisions relating to the expiration of real estate
salesmen licenses; amending s. 475.24, Florida Statutes, 1982 Sup-
plement, providing for on-site management of branch offices; amend-
ing s. 475.25 (1), Florida Statutes, 1982 Supplement, expanding the
application of provisions relating to real estate related disciplinary
action and changing certain grounds therefore; amending s. 475.451 (2),
(6), and (8), Florida Statutes, 1982 Supplement, changing licensure
requirements for real estate school operators, administrators and
instructors; amending s. 475.483 (1) (b), Florida Statutes, 1982 Sup-
plement, providing an exception to notice requirements for claims
against the Real Estate Recovery Fund; amending s. 475.484 (1),
(3), and (4), Florida Statutes, 1982 Supplement, increasing amount
limits for authorized payments from the Real Estate Receiving
Fund; creating s. 476.158, Florida Statutes, providing for the licen-
sure of barbering instructors; amending s. 476.154 (1), Florida Stat-
utes, deleting provisions relating to restoration of licenses of retired
barbers; amending s. 476.164 (4), Florida Statutes, restricting the
practice of barbers' assistants; adding a subsection to s. 476.184, Flor-
ida Statutes, requiring display of barber shop registrations and
barbers' licenses; creating s. 476.210, Florida Statutes, requiring
barber services to be performed in registered barbershops; provid-
ing exceptions; creating s. 477.0135, Florida Statutes, exempting
certain persons from licensure as cosmetologists; amending s.



477.019 (1) (b), Florida Statutes, changing a limitation with respect
to standards established by the Board of Cosmetology pursuant to



training required to qualify for licensure; creating s. 477.0211,
Florida Statutes, authorizing continuing education requirements
for cosmetologists; amending s. 477.022 (1) and (3), Florida Stat-
utes, 1982 Supplement, changing cosmetology examination require-
ments; creating s. 477.0265, Florida Statutes, prohibiting certain
acts and providing penalties; amending s. 477.028 (1), Florida Stat-
utes, authorizing disciplinary actions against continuing education
providers; amending s. 477.029, Florida Statutes, prohibiting viola-
tions of provisions relating to cosmetology and increasing the types
of disciplinary actions; creating s. 477.030, Florida Statutes, requir-
ing cosmetology services to be performed in licensed salons; provid-
ing exceptions; amending s. 480.033 (3), Florida Statutes, expand-
ing the definition of "massage"; amending s. 480.041 (4), Florida
Statutes, 1982 Supplement, clarifying license renewal requirements
for masseurs; amending s. 480.043 (2), Florida Statutes, deleting
authority of the Board of Massage for regulation of financial re-
sponsibility and insurance coverage for massage establishments;
amending s. 480.046 (1), Florida Statutes, relating to disciplinary
action by the Board of Massage; amending ss. 481.207 and 481.307,
Florida Statutes, increasing certain fees for architects and land-
scape architects; adding a subsection to s. 481.309, Florida Stat-
utes, providing examination requirements for landscape architec-
ture licenses; amending s. 484.007 (1) (e), Florida Statutes, changing
qualifications for licensure of opticians; repealing s. 484.002 (6),
Florida Statutes, removing the definition of "licensed physician" in
provisions relating to opticians; amending s. 486.091, Florida Stat-
utes, providing alternative disciplinary actions against physical
therapists; amending s. 489.115 (1), Florida Statutes, restricting
the effect of certification of construction contractors; amending s.
489.119 (5), Florida Statutes, 1982 Supplement, requiring the use
of the registration or certification number of contractors in all
advertising and requiring local verification of state licensure of
construction contractors; amending s. 489.129 (1), Florida Statutes,
relating to disciplinary action against such contractors; amending
s. 489.505 (1), Florida Statutes, making a technical change; amend-
ing s. 489.509, Florida Statutes, increasing fees for electrical con-
tractors; adding a paragraph to s. 489.533 (1), Florida Statutes,
adding a ground for disciplinary action against electrical contrac-
tors; amending s. 490.005 (1) (b) and (2), Florida Statutes, changing
qualifications for licensure of psychologists by examination; chang-
ing qualifications for clinical social workers, marriage and family
therapists, mental health counselors, and school psychologists; amend-
ing s. 490.014 (2) (c), Florida Statutes, 1982 Supplement, changing
the exemption from licensure as psychologists for certain employ-
ees of educational institutions; requiring the Department of Profes-
sional Regulation to make certain studies and to report to the
Legislature; adding subsection (3) to s. 501.122, Florida Statutes,
providing a restriction upon the use of laser devices; providing a
penalty; amending ss. 458.321, 459.009, 460.409, 461.008, 463.008,
466.015, 468.1725, 470.016, 471.019, 472.019, 474.212, 475.1825 (1),
481.217, 481.315, 484.009, and 490.008, Florida Statutes, amend-
ing s. 475.183, Florida Statutes, 1982 Supplement, and creating ss.
476.155, 477.0212, and 480.0415, Florida Statutes, relating to regu-
lation of medical practitioners, osteopathic physicians, chiropractic
physicians, podiatrists, optometrists, dentists and dental hygien-
ists, nursing home administrators, funeral directors and embalm-
ers, engineers, land surveyors, veterinarians, real estate brokers
and salesmen, architects, landscape architects, opticians, psycholo-
gists, barbers, cosmetologists and cosmetology instructors, and mas-
seurs, to modify regulatory provisions enabling said professionals
to place their licenses in an inactive status; correcting a cross
reference; providing for relative uniformity; providing for applica-
tion and fees; limiting inactive status to 4 years, unless renewed;
providing for automatic expiration of license upon failure to renew
or reactivate; modifying continuing education requirements;
grandfathering in current licensees whose licenses have been placed
in inactive status; repealing s. 476.154 (3) (c), (d), (e), (f), and (g),
relating to placement of barbers' licenses in an inactive status, s.
477.019 (5), Florida Statutes, relating to placement of cosmetolo-
gists' licenses in an inactive status, s. 477.021 (7), Florida Statutes,



relating to placement of cosmetology instructors' licenses in an
inactive status, and s. 490.007 (4), Florida Statutes, relating to



June 16, 1983



60











JOURNAL OF THE HOUSE OF REPRESENTATIVES



placement of licenses of psychologists, clinical social workers, mar-
riage and family therapists, mental health counselors, and school
psychologists in an inactive status; amending s. 455.02, Florida
Statutes, relating to renewal of licenses for members of the United
States Armed Forces; providing for future review and repeal; pro-
viding effective dates.
-was read the second time by title. On motion by Rep. Lippman,
the rules were waived and the bill was read the third time by title.
On passage, the vote was:

Yeas-102



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Carlton
Carpenter
Casas
Clark
Clements
Cortina
Crady
Crotty
Dantzler
Davis
Deratany



Nays-12
Burrall
Combee
Danson



Deutsch
Drage
Dudley
Dunbar
Easley
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, D. L.



Evans-Jones
Hargrett
Johnson, R. M.



Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
Meffert
Messersmith
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds



Jones, C. F.
McEwan
Sample



Richmond
Robinson
Ros
Selph
Shelley
Silver
Simon
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Williams
Woodruff
Young



Sanderson
Shackelford
Simone



Votes after roll call:
Nays to Yeas-Simone, Sample, Combee, Sanderson, C. F. Jones
So the bill passed and was immediately certified to the Senate.

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired constitutional two-thirds vote and passed, as amended, SB
17-B and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Hair-
SB 17-B-A bill to be entitled An act relating to crime victims;
adding s. 316.660 (3), Florida Statutes; providing for the collection
and distribution of certain costs and surcharges on criminal traffic
offenses; amending s. 775.0835 (3), Florida Statutes, directing pay-
ment of increased fines to the Crimes Compensation Trust Fund;
amending s. 960.20, Florida Statutes, 1982 Supplement; increasing
the costs imposed for certain offenses from $10 to $15 and including
within such offenses the violation of certain municipal and county
ordinances; providing an effective date.
Rep. Martinez moved that SB 17-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:



Yeas-104
The Chair
Abrams
Allen
Armstrong
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis



Nays-4
Arnold



Deutsch
Drage
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.



Jones, D. L.
Kutun
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Peeples
Press
Ready
Reaves
Reddick



Carpenter Deratany



Reynolds
Robinson
Ros
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Weinstock
Wetherell
Williams
Woodruff
Young



Dudley



The motion was agreed to by the required Constitutional two-
thirds vote and SB 17-B was read the first time by title. On motions
by Rep. Martinez, the rules were waived and SB 17-B was read the
second time by title and the third time by title. On passage, the
vote was:



Yeas-115
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch

Nays-None



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



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



June 16, 1983



61











JOURNAL OF THE HOUSE OF REPRESENTATIVES



HB 29-B-A bill to be entitled An act relating to youthful of-
fenders; amending s. 958.021, Florida Statutes; providing legisla-
tive intent; amending s. 958.03, Florida Statutes; providing defini-
tions; amending s. 958.04, Florida Statutes; authorizing the court
to designate certain persons as youthful offenders; expanding the
categories of persons who may be so designated; providing that
certain persons may be declared ineligible for such designation and
restricting appellate review; amending s. 958.05, Florida Statutes;
providing for judicial disposition of youthful offenders; providing
circumstances for early termination of probation, community con-
trol, or sentence; amending s. 958.06, Florida Statutes; expanding
the period in which a court may suspend a sentence and place the
defendant in a community control program; authorizing the court
to set aside adjudication of guilt; amending s. 958.09, Florida Stat-
utes; requiring the department to adopt rules; amending s. 958.11,
Florida Statutes; restricting youthful offender facilities programs
and facilities to eligible youthful offenders; authorizing the assign-
ment of certain youthful offenders to institutions not designated for
their care and supervision; authorizing the department to assign
certain inmates to the youthful offender program; authorizing as-
signment to a community correctional center under certain circum-
stances; amending s. 958.12, Florida Statutes; expanding the activ-
ities in which a youthful offender may be required to participate;
repealing s. 958.08, Florida Statutes, relating to supervision of the
community control program; repealing s. 958.10, Florida Statutes,
relating to the term of confinement in the community control pro-
gram for youthful offenders; amending s. 958.14, Florida Statutes,
relating to violations of probation; creating s. 958.16, Florida Stat-
utes, providing for hearings for mitigation of the presumptive pa-
role release of youthful offenders; providing for reports to the Legis-
lature; adding a subsection to s. 947.165, Florida Statutes, 1982
Supplement, requiring the Parole and Probation Commission to
develop a separate parole guideline schedule for youthful offenders;
providing methods of release from incarceration for certain youth-
ful offenders; providing effective dates.
-was read the second time by title. Further consideration of HB
29-B was temporarily deferred.

Subsequently, Representative Brantley offered the following
amendment:
Amendment 1-On page 12, lines 23-25, strike all of said lines
and insert: (6) The department shall designate separate areas of
certain institutions and facilities for inmates up to age 25 who are
declared ineligible for designation as a youthful
Rep. Brantley moved the adoption of the amendment, which was
adopted without objection.

Representative Hollingsworth offered the following amendment:
Amendment 2-On pages 10 and 11, strike lines 18 through 31
on page 10 and lines 1 through 8 on page 11 and insert: 958.11
Designation of institutions, facilities and programs for youthful
offenders; assignment from youthful offender institutions, programs,
and facilities certification of facility capa.it .-
(1) The department shall designate separate institutions, and
adapt- facilities and programs for youthful offenders and shall em-
ploy and utilize personnel specially qualified by training and expe-
rience to operate all such institutions, faeeilities and programs for
youthful offenders. The department shall not be required to desig-
nate separate community facilities for youthful offenders.
(2) Insoras i. s, practical, Youthful offender facilities and pro-
grams shall contain only those youthful offender inmates committed
to the department or placed under its supervision pursuant to this
chapter, or other inmates who meet the requirements of subsection
(4). No inmate who has been declared ineligible for designation as a
youthful offender by the court as provided in s. 958.04 (2) or who has
been convicted of a capital or life felony shall be assigned by the



department to a youthful offender institution, facility, or program. be



usa8t only lor yoatmiul oitcnaer, ana suct youtmiul olencra s nati
be segrgated Afom other off-enders.

Rep. Hollingsworth moved the adoption of the amendment, which
failed of adoption.

Representative Hollingsworth offered the following amendment:
Amendment 3-On page 15, lines 9 through 14, strike all of
said lines and insert: (3) As provided in s. 958.06, Florida Statutes;
(4) As directed by an executive order granting clemency; or
(5) As provided in s. 947.135, Florida Statutes
Rep. Hollingsworth moved the adoption of the amendment, which
failed of adoption.
On motion by Rep. Ward, the rules were waived and HB 29-B, as
amended, was read the third time by title. On passage, the vote
was:



Yeas-115
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch

Nays-None



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Kelly
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



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

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired constitutional two-thirds vote and passed, as amended, SB
14-B and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Beard-
SB 14-B-A bill to be entitled An act relating to motor vehicles
and mobile homes; amending s. 320.01, Florida Statutes, 1982 Sup-
plement; providing definitions; amending s. 320.0105, Florida Stat-
utes; providing legislative intent; amending s. 320.011, Florida



62



June 16, 1983











JOURNAL OF THE HOUSI



Statutes; providing for adoption of rules; providing for administra-
tion and enforcement of chapter by the Department of Highway
Safety and Motor Vehicles; amending s. 320.02, Florida Statutes;
modifying requirements for registration of motor vehicles; amend-
ing s. 320.025, Florida Statutes; providing for registration under
fictitious name; amending s. 320.03, Florida Statutes, 1982 Sup-
plement; specifying the tax collector as agent of the department;
specifying duties of tax collectors; amending s. 320.031, Florida
Statutes; providing for delivery of license plates by mail; providing
for mail service charge; amending s. 320.04, Florida Statutes, 1982
Supplement; providing service charges for registration-related trans-
actions; amending s. 320.05, Florida Statutes, 1982 Supplement;
modifying record keeping requirements; providing for public in-
spection of registration records; creating s. 320.055, Florida Stat-
utes; specifying registration and renewal periods; modifying regis-
tration period for vehicles bearing dealer license plates and certain
trucks; amending s. 320.06, Florida Statutes; providing for issuance
of license plates and validation stickers; providing renewal proce-
dures; providing a reflectorization fee; creating s. 320.0605, Florida
Statutes; requiring that the registration certificate be in possession
of the vehicle operator; providing exceptions; creating s. 320.0607,
Florida Statutes; providing procedures for replacement of lost or
damaged license plates; authorizing department license inspectors
to inspect license plates for proper display and to require replace-
ment thereof; creating s. 320.0609, Florida Statutes; providing pro-
cedures, requirements, and fees for the transfer or exchange of
license plates; amending s. 320.061, Florida Statutes; prohibiting
alteration of license plates, mobile home stickers, or validation
stickers; providing penalties; amending s. 320.065, Florida Stat-
utes, 1982 Supplement; providing for indefinite registration of cer-
tain trailers and semitrailers; specifying that part of the annual fee
constitutes a service charge; creating s. 320.0655, Florida Statutes;
providing for permanent license plates for governmental entities
and volunteer fire departments; amending s. 320.07, Florida Stat-
utes, 1982 Supplement; requiring annual renewal of registration;
creating s. 320.0705, Florida Statutes; providing for semiannual
registration of certain vehicles; amending s. 320.071, Florida Stat-
utes; providing procedures for advance registration; increasing ser-
vice charges; amending s. 320.08, Florida Statutes, 1982 Supple-
ment, as amended by s. 52 of chapter 83-3, Laws of Florida; specifying
license taxes for vehicles subject to registration; amending s. 320.0803,
Florida Statutes; providing procedures for the issuance of moped
license plates; providing for limited applicability of the chapter to
mopeds; amending s. 320.0805, Florida Statutes, 1982 Supplement;
providing for issuance of personalized prestige license plates; pro-
viding procedures for transfer of such plates; creating s. 320.0807,
Florida Statutes; providing for issuance of special license plates for
the Governor and legislators; amending s. 320.081, Florida Stat-
utes; providing for collection and distribution of mobile home li-
cense tax revenue; amending s. 320.0815, Florida Statutes; provid-
ing procedures and criteria for the taxation of mobile homes and
recreational vehicles; increasing service charges; amending s. 320.083,
Florida Statutes; providing for issuance of special license plates to
amateur radio operators and citizens' band radio operators; amend-
ing s. 320.084, Florida Statutes; providing for issuance of free li-
cense plates to certain disabled veterans; amending s. 320.0841,
Florida Statutes; providing for issuance of free license plates to
Miccosukee and Seminole Indian Tribes; amending s. 320.0842,
Florida Statutes; providing for issuance of free license plates to
veterans confined to wheelchairs; amending s. 320.0843, Florida
Statutes; providing for special license plates for wheelchair users;
amending s. 320.0848, Florida Statutes; providing for issuance of
parking permits to certain handicapped persons; amending s. 320.0806,
Florida Statutes; clarifying language for ancient motor vehicle li-
cense plates, amending s. 320.087, Florida Statutes; providing for
apportioned taxation of intercity buses used in interstate commerce;
amending s. 320.089, Florida Statutes, 1982 Supplement; providing
for special license plates for members of the National Guard, active
Armed Forces reservists, and ex-prisoners of war; amending s. 320.10,
Florida Statutes, 1982 Supplement; providing exemptions from li-



cense tax; amending s. 320.13, Florida Statutes; providing for dealer
license plates and alternative method of registration; amending s.



June 16, 1983



The Chair
Abrams
Allen
Armstrong



Bankhead
Bass
Bell
Brantley



Bronson
Brown, C.
Brown, T. C.
Burke



Burnsed
Burrall
Carlton
Casas



SOF REPRESENTATIVES 63

320.131, Florida Statutes, 1982 Supplement; providing for the de-
sign, sale, use, and regulation of temporary tags by department;
specifying the cost of such tags; specifying the period during which
such tags are valid; increasing service charges; amending s. 320.14,
Florida Statutes; providing procedures for fractional license taxes;
amending s. 320.15, Florida Statutes; providing for refund of li-
cense taxes under certain conditions; amending s. 320.17, Florida
Statutes; authorizing the department to classify vehicles and assess
license taxes on such vehicles; amending s. 320.18, Florida Stat-
utes; authorizing the department to withhold the registration of a
vehicle; amending s. 320.19, Florida Statutes; providing for cre-
ation and enforcement of a lien for unpaid license taxes; amending
s. 320.20, Florida Statutes, as amended by s. 53 of chapter 83-3,
Laws of Florida; providing for the distribution of license tax reve-
nue; amending s. 320.23, Florida Statutes; declaring that license
taxes are compensatory; amending s. 320.26, Florida Statutes; pro-
hibiting certain acts in conjunction with license plates and valida-
tion stickers; providing penalties; amending s. 320.261, Florida
Statutes; prohibiting attachment of an unassigned license plate;
providing penalties; amending s. 320.33, Florida Statutes; prohibit-
ing possession of vehicles from which the identification number has
been removed; amending s. 320.37, Florida Statutes; providing ex-
emptions from registration requirements for certain nonresidents;
creating s. 320.371, Florida Statutes; providing that the require-
ments of registration and display of license number plates shall not
apply to new automobiles or trucks whose equitable or legal title is
vested in a manufacturer, distributor, importer, or exporter and
which vehicles are in the custody of a vehicle servicing, processing,
and handling agency; requiring such agency to display its name
and address on a temporary sign on the vehicle; amending s. 320.38,
Florida Statutes, 1982 Supplement; providing conditions under which
nonresidents are required to register their vehicles in the state;
amending s. 320.39, Florida Statutes, 1982 Supplement; authoriz-
ing reciprocal agreements; amending s. 320.51, Florida Statutes;
exempting farm tractors and farm trailers from registration re-
quirements; amending s. 320.57, Florida Statutes; providing penal-
ties for violation of provisions of the chapter; amending s. 320.58,
Florida Statutes; authorizing the appointment of license inspectors;
providing powers and duties; repealing s. 320.0611, Florida Stat-
utes, relating to replacement of lost, stolen or defaced license plates;
repealing s. 320.062, Florida Statutes, relating to requirement that
certain vehicles be equipped with safety glass prior to registration;
repealing s. 320.0835, Florida Statutes, relating to special license
plates for citizens' band radio operators; repealing s. 320.088, Flor-
ida Statutes, relating to certification requirements for motorcycles
manufactures; repealing s. 320.0987, Florida Statutes, relating to
front designation license plates for certain emergency service pro-
fessions; repealing s. 320.09, Florida Statutes, relating to additional
seating capacity fees for certain vehicles; repealing s. 320.16, Flor-
ida Statutes, relating to tax on for-hire vehicles in interstate com-
merce collected in the form of a registration fee; repealing s. 320.24,
Florida Statutes, relating to prohibition against license taxes im-
posed by counties or municipalities; repealing s. 320.25, Florida
Statutes, relating to obtaining a license plate by false representa-
tions; repealing s. 320.351, Florida Statutes, relating to compliance
with motor vehicle noise limits as a prerequisite to registration;
repealing s. 320.36, Florida Statutes, relating to registration of
for-hire vehicles; repealing s. 320.694, Florida Statutes, relating to
the advisory council of motor vehicle dealers; providing for the
review and repeal ofs. 320.10, Florida Statutes, in accordance with
the Regulatory Sunset Act; providing an effective date.

Rep. Gustafson moved that SB 14-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:

Yeas-101











JOURNAL OF THE HOUSE OF REPRESENTATIVES



Clark
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Figg
Friedman
Gallagher
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett



Nays-7
Arnold Clements
Carpenter Evans-Jones



Gardner
Webster



Harris McEwan
Hawkins, L. R. Meffert
Hawkins, M. E. Messersmith
Hazouri Mills
Healey Mitchell
Hill Morgan
Hodges Murphy
Hollingsworth Nergard
Jamerson Ogden
Johnson, B. L. Pajcic
Johnson, R. C. Patchett
Johnson, R. M. Peeples
Jones, D. L. Press
Lawson Ready
Lehtinen Reaves
Lewis Reddick
Lippman Reynolds
Locke Richmond
Logan Robinson
Mackenzie Ros
Martin Sample
Martinez Sanderson



Williams



The motion was agreed to by the required Constitutional two-
thirds vote and SB 14-B was read the first time by title. On motion
by Rep. Gustafson, the rules were waived and the bill was read the
second time by title.

Representatives B. L. Johnson and Gustafson offered the follow-
ing amendment:
Amendment 1-On page 100, strike all of Section 57 and insert:
Section 57. Sections 320.0841 and 320.10, Florida Statutes, are
repealed on October 1, 1985, and shall be reviewed by the Legisla-
ture pursuant to s. 11.61, Florida Statutes.
Rep. Johnson moved the adoption of the amendment, which was
adopted without objection.

Representatives B. L. Johnson, Gustafson, and C. Brown offered
the following amendment:
Amendment 2-On page 7, line 22, after "repeal of" strike
"s. 320.10" and insert: ss. 320.0841 and 320.10
Rep. Johnson moved the adoption of the amendment, which was
adopted without objection.

Representative Dudley offered the following amendment:
Amendment 3-On page 69, line 4, strike "$1.75" and insert:
$1.50
Rep. Dudley moved the adoption of the amendment, which failed
of adoption. The vote was:

Yeas-47



Deratany
Drage
Dudley
Dunbar
Easley
Evans-Jones
Gallagher
Grant
Grindle
Hanson
Harris
Hawkins, L. R.



Hill
Johnson, R. M.
Jones, D. L.
Martin
McEwan
Messersmith
Nergard
Patchett
Ready
Richmond
Ros
Sample



Sanderson
Selph
Shackelford
Shelley
Simone
Smith
Wallace
Watt
Webster
Williams
Woodruff



Nays-61
Abrams
Allen
Arnold
Bailey
Bass
Bell
Brown, C.
Brown, T. C.
Burke
Carpenter
Clark
Crady
Dantzler
Deutsch
Figg
Friedman



Selph
Shackelford
Shelley
Simon
Simone
Smith
Spaet
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Wetherell
Woodruff
Young



Lippman
Locke
Logan
Mackenzie
Meffert
Mitchell
Morgan
Murphy
Ogden
Pajcic
Peeples
Press
Reaves
Reddick
Reynolds
Silver



Simon
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Ward
Weinstock
Wetherell
Young



On motion by Rep. Gustafson, the rules were waived and SB
14-B, as amended, was read the third time by title. On passage, the
vote was:



Yeas-95
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Carlton
Carpenter
Casas
Cortina
Crady
Danson
Dantzler
Davis
Deutsch
Drage
Dunbar



Nays-15
Burrall
Clements
Combee
Crotty



Easley
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Kutun



Deratany
Dudley
Evans-Jones
Jones, D. L.



Lawson
Lehtinen
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Reaves
Reddick
Reynolds



Lewis
McEwan
Ready
Sample



Richmond
Robinson
Ros
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Young



Sanderson
Williams
Woodruff



Votes after roll call:
Yeas-M. E. Hawkins
Nays to Yeas-Ready
So the bill passed, as amended.
Subsequently, on motion by Rep. Pajcic, the House reconsidered
the vote by which SB 14-B passed, as amended.

Representative Pajcic offered the following amendment:
Amendment 4-On page 27, line 21, after "s. 319.32 (2) (a)" in-
sert: or s. 327.11 (1982 Supp.)

Rep. Pajcic moved the adoption of the amendment, which was
adopted by two-thirds vote. The question recurred on the passage of
SB 14-B. The vote was:



Gardner
Gordon
Gustafson
Hazouri
Healey
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kutun
Lawson
Lehtinen
Lewis
Liberti



Armstrong
Brantley
Bronson
Burrall
Carlton
Casas
Clements
Combee
Cortina
Crotty
Danson
Davis



64



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Yeas-99
The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Carlton
Carpenter
Casas
Clark
Cortina
Crady
Danson
Dantzler
Davis
Deutsch
Drage

Nays-14
Burrall
Clements
Combee
Crotty



Dunbar
Easley
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.



Deratany
Dudley
Evans-Jones
Jones, D. L.



Kelly
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Reaves



Robinson
Sample
Sanderson
Shackelford



Reddick
Reynolds
Ros
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Young



Williams
Woodruff



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

HB 25-B-A bill to be entitled An act relating to solid waste
management; amending s. 403.701, Florida Statutes; providing a
short title; amending s. 403.702 (1) (e), (2) (a)-(d), (g), Florida Stat-
utes; providing legislative intent; amending s. 403.703, Florida
Statutes; providing definitions; amending s. 403.704, Florida Stat-
utes; providing powers and duties of the Department of Environ-
mental Regulation regarding solid waste management programs;
amending s. 403.7045 (1) (c), (3) (d), Florida Statutes, 1982 Supple-
ment; conforming language; amending s. 403.705, Florida Statutes;
establishing the state resource recovery and solid waste manage-
ment program; providing for designating certain areas for resource
recovery and solid waste management planning; creating s. 403.7055,
Florida Statutes; requiring counties and municipalities to provide
for resource recovery and solid waste management; amending s.
403.706, Florida Statutes; providing guidelines and responsibilities
for local management programs; amending s. 403.707 (1), (2), (4),
Florida Statutes, 1982 Supplement; requiring a permit to construct,
operate, or close certain facilities or sites; amending s. 403.708 (1) (a),
(c), Florida Statutes; providing penalties; providing an effective
date.
-was read the second time by title.

The Committee on Natural Resources offered the following
amendment:
Amendment 1-On page 12, line 11, strike "regarding hazard-
ous waste"
Rep. Ward moved the adoption of the amendment, which was
adopted without objection.

Representative Ward offered the following amendment:
Amendment 2-On page 12, line 9, strike "(14) (-6)" and insert:
(16)



Rep. Ward moved the adoption of the amendment, which was
adopted without objection.

Representative Ward offered the following amendment:
Amendment 3-On page 3, line 7, strike "except for hazardous
wastes"
Rep. Ward moved the adoption of the amendment, which was
adopted without objection.

Representative Ward offered the following amendment:
Amendment 4-On page 19, lines 16 and 17, strike "posing a
significant adverse effect to the environment or public" and insert:
adversely affecting the environment or public
Rep. Ward moved the adoption of the amendment, which was
adopted without objection.
On motion by Rep. Ward, the rules were waived and HB 25-B, as
amended, was read the third time by title. On passage, the vote
was:



Yeas-110
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Deratany

Nays-None



Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Kutun
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond
Robinson
Ros



Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



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

HB 3-B-A bill to be entitled An act relating to alcohol, drug
abuse, and mental health services; amending ss. 394.65 and 394.66,
Florida Statutes, changing the short title and intent to expand the
scope of "The Community Mental Health Act" to include alcohol
and drug abuse services; amending s. 394.67, Florida Statutes,
1982 Supplement, conforming definitions to the act; creating s.
394.675, Florida Statutes; establishing a comprehensive alcohol,
drug abuse, and mental health services system; providing compo-
nent types of services and the funding for such services; amending
s. 394.71, Florida Statutes, transferring certain duties of mental
health boards to the district administrators of the Department of
Health and Rehabilitative Services; creating s. 394.715, Florida
Statutes, creating alcohol, drug abuse, and mental health planning
councils in each service district; amending s. 394.73, Florida Stat-



65



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



utes, conforming to the act provisions relating to joint service pro-
grams in two or more counties; amending s. 394.74, Florida Stat-
utes, 1982 Supplement, conforming to the act provisions relating to
contracts for services; amending s. 394.75, Florida Statutes, 1982
Supplement; expanding provisions relating to preparation of a mental
health plan to conform to the act; specifying the content of the
combined district alcohol, drug abuse, and mental health plan;
amending s. 394.76, Florida Statutes, 1982 Supplement, deleting
certain funding provisions to conform to the act; providing proce-
dure for collection in the event of audit liabilities or overpayments
with respect to a contractor; authorizing certain local appropria-
tions and restricting their use; amending s. 394.77, Florida Stat-
utes, 1982 Supplement, including drug abuse services within the
uniform management information system and fiscal accounting sys-
tem of the department; amending s. 394.78, Florida Statutes, re-
quiring the department to establish a standardized auditing proce-
dure for service providers; amending s. 394.79, Florida Statutes,
requiring preparation of a biennial state plan; repealing ss. 394.69,
394.70, and 394.72, Florida Statutes, abolishing mental health boards
and staffing provisions; repealing s. 394.81, Florida Statutes, delet-
ing certain funding provisions; amending ss. 381.494 (7) (b), 394.453 (1),
394.457 (3), 394.461 (1), and 916.11 (2), Florida Statutes, 1982 Sup-
plement, amending ss. 396.072 (2) and 394.4573 (2), Florida Stat-
utes, and amending s. 394.455 (9), Florida Statutes, 1982 Supple-
ment, and repealing subsections (6) and (7) thereof, relating to
district mental health boards, to conform to the act; providing an
effective date.
-was read the second time by title. On motion by Rep. Burnsed,
the rules were waived and the bill was read the third time by title.
On passage, the vote was:

Yeas-87



The Chair
Abrams
Allen
Armstrong
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, T. C.
Burke
Burnsed
Burrall
Carpenter
Clark
Clements
Combee
Cortina
Crady
Davis
Deutsch

Nays-26
Arnold
Brown, C.
Carlton
Casas
Crotty
Danson
Dantzler



Drage
Dudley
Dunbar
Easley
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Hawkins, L. R.
Hawkins, M. E.
Healey
Hill
Hodges
Hollingsworth
Johnson, B. L.
Johnson, R. C.



Deratany
Evans-Jones
Harris
Hazouri
Jamerson
Johnson, R. M.
Jones, C. F.



Jones, D. L.
Kutun
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
Meffert
Mills
Mitchell
Morgan
Nergard
Ogden
Patchett
Press
Reaves
Reynolds
Richmond



Kelly
McEwan
Murphy
Pajcic
Peeples
Ros
Sample



Votes after roll call:
Yeas-Reddick
Nays-Ready
Yeas to Nays-Easley, B. L. Johnson
Nays to Yeas-Arnold



Robinson
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thompson
Titone
Tobiassen
Tobin
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



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

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired Constitutional two-thirds vote and passed SB 33-B and re-
quests the concurrence of the House.
Joe Brown, Secretary

By Senator Myers-
SB 33-B-A bill to be entitled An act relating to Palm Beach
County; creating the Palm Beach County Hospital District; estab-
lishing the boundaries of the district; providing for the member-
ship, powers, and duties of the board of commissioners of the dis-
trict; authorizing the Board of County Commissioners of Palm Beach
County to assess and levy ad valorem taxes for the district; provid-
ing for a referendum; providing an effective date.
Rep. Messersmith moved that SB 33-B be admitted for introduc-
tion, the Speaker having ruled the measure was outside the pur-
view of the Call. The vote was:



Yeas-112
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany



Nays-2
Gardner



Shackelford
Thomas
Upchurch
Wallace
Williams



Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.



Jones, D. L.
Kelly
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds



Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Kutun



The motion was agreed to by the required Constitutional two-
thirds vote and SB 33-B was read the first time by title. On motions
by Rep. Messersmith, the rules were waived and SB 33-B was read
the second time by title and the third time by title. On passage, the
vote was:



Yeas-115
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead



Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke



Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements



Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis



66



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey



Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert



Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shackelford



Nays-None
So the bill passed and was immediately certified to the Senate.
The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired Constitutional two-thirds vote and passed SB 8-B and re-
quests the concurrence of the House.
Joe Brown, Secretary

By Senator Thomas and others-
SB 8-B-A bill to be entitled An act relating to unemployment
compensation; amending s. 3 of Committee Substitute for Senate
Bill 610 as enacted at the regular session of the 1983 Legislature
changing the effective date of amendments to provisions relating to
the weekly benefit amount; providing an effective date.
Rep. Bell moved that SB 8-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:



Yeas-111
The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty



Danson
Dantzler
Davis
Deratany
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey



Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kelly
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith



Mills
Mitchell
Morgan
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond
Ros
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Spaet
Stewart



Thomas
Thompson
Titone
Tobiassen

Nays-6
Bailey
Gardner



Tobin
Upchurch
Wallace
Ward



Murphy
Robinson



Watt
Webster
Weinstock
Wetherell



Sample



Williams
Woodruff
Young



Smith



Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Brown, C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Clark
Clements
Combee
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch
Drage



Nays-3
Bronson



Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Dudley



Kutun
Lawson
Lehtinen
Lewis
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Richmond



Shackelford



Robinson
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



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

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired Constitutional two-thirds vote and passed SB 19-B and re-
quests the concurrence of the House.
Joe Brown, Secretary

By Senator Beard-
SB 19-B-A bill to be entitled An act relating to motor vehicles;
amending s. 15, Committee Substitute for Senate Bill No. 968,
enacted by the 1983 Legislature in its regular session; changing the
effective date; providing an effective date.
Rep. Gustafson moved that SB 19-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:



The motion was agreed to by the required Constitutional two-
thirds vote and SB 8-B was read the first time by title. On motions
by Rep. Bell, the rules were waived and SB 8-B was read the second
time by title and the third time by title. On passage, the vote was:

Yeas-108



67



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Yeas-104
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Brantley
Bronson
Brown, C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany

Nays-8
Clements
Dudley



Deutsch
Drage
Dunbar
Easley
Figg
Friedman
Gallagher
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.



Evans-Jones Lewis
Gardner Robinson



Jones, D. L.
Kelly
Kutun
Lawson
Lehtinen
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick



The motion was agreed to by the required Constitutional two-
thirds vote and SB 19-B was read the first time by title. On motions
by Rep. Gustafson, the rules were waived and SB 19-B was read the
second time by title and the third time by title. On passage, the
vote was:

Yeas-109



Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.



Kelly
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Mitchell
Morgan
Murphy
Nergard
Ogden
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Woodruff
Young



Reynolds
Richmond
Ros
Sample
Sanderson
Selph
Shelley
Silver
Simon
Simone
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Williams
Woodruff
Young



Shackelford
Smith



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Brantley
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Clark
Combee
Crady
Danson
Dantzler
Davis
Deutsch

Nays-23
Bronson
Carlton
Carpenter
Casas
Clements
Cortina



Drage
Dunbar
Easley
Figg
Friedman
Gallagher
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hodges
Jamerson
Johnson, B. L.
Johnson, R. M.



Crotty
Dudley
Evans-Jones
Gardner
Hill
Hollingsworth



Kutun
Lawson
Lehtinen
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
Meffert
Messersmith
Morgan
Murphy
Nergard
Ogden
Pajcic
Peeples
Press
Reaves
Richmond
Sample



Johnson, R. C.
Jones, D. L.
Kelly
McEwan
Mitchell
Ready



Sanderson
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Weinstock
Wetherell
Williams
Woodruff
Young



Robinson
Ros
Stewart
Upchurch
Webster



Votes after roll call:
Yeas-Selph
The motion was agreed to by the required Constitutional two-
thirds vote and SB 20-B was read the first time by title. On motions
by Rep. Peeples, the rules were waived and SB 20-B was read the
second time by title and the third time by title. On passage the vote
was:



Yeas-89
The Chair
Abrams
Allen
Armstrong



Arnold
Bailey
Bankhead
Bass



Brown, C.
Burke
Burnsed
Burrall



Carpenter
Clark
Combee
Crady



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


The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired Constitutional two-thirds vote and passed SB 20-B and re-
quests the concurrence of the House.
Joe Brown, Secretary


By Senator Beard-
SB 20-B-A bill to be entitled An act relating to eminent do-
main; amending s. 4 of HB 599, as passed in the 1983 Regular
Session of the Legislature; correcting the effective dates with re-
spect to authorizing railroad companies organized under the laws of
any other state to exercise the right of eminent domain and with
respect to precondemnation negotiations; providing an effective date.
Rep. Peeples moved that SB 20-B be admitted for introduction,
the Speaker having ruled the measure was outside the purview of
the Call. The vote was:

Yeas-84



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Combee
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany

Nays-1
Jones, D. L.



68



June 16, 1983









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Danson
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris

Nays-21
Brantley
Bronson
Carlton
Casas
Clements
Cortina



Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Jamerson
Johnson, B. L.
Johnson, R. M.
Jones, C. F.
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez



Crotty
Evans-Jones
Hill
Hodges
Hollingsworth
Johnson, R. C.



Messersmith
Mills
Morgan
Murphy
Nergard
Ogden
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond
Ros
Sample
Sanderson
Selph
Silver



Jones, D. L.
Kelly
McEwan
Mitchell
Robinson
Shackelford



Shelley
Simone
Stewart



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

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired Constitutional two-thirds vote and passed SB 5-B and re-
quests the concurrence of the House.
Joe Brown, Secretary

By Senator Thomas-
SB 5-B-A bill to be entitled An act relating to Governor's Council
on Handicapped Concerns; amending section 8 of the 1983 Commit-
tee Substitute for Senate Bill 435; correcting cross-references and
changing the date relating to the future repeal and review by the
Legislature of the council; providing an effective date.
Rep. L. R. Hawkins moved that SB 5-B be admitted for introduc-
tion, the Speaker having ruled the measure was outside the pur-
view of the Call. The vote was:
Yeas-104



Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch
Drage
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gordon
Grant
Grindle
Gustafson



Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. M.
Jones, C. F.
Jones, D. L.
Kelly
Lawson
Lehtinen
Lewis



Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mills
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Press
Ready
Reaves



Reddick
Reynolds
Richmond
Robinson
Ros
Sample
Sanderson



Simon
Smith
Spaet
Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Webster
Weinstock
Williams
Woodruff
Young



Selph
Shelley
Silver
Simon
Simone
Spaet
Stewart



Thomas
Thompson
Titone
Tobiassen
Tobin
Wallace
Ward



Gardner Shackelford
Johnson, R. C. Smith



Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young


Upchurch



The motion was agreed to by the required Constitutional two-
thirds vote and SB 5-B was read the first time by title. On motions
by Rep. L. R. Hawkins, the rules were waived and SB 5-B was read
the second time by title and the third time by title. On passage, the
vote was:



Yeas-112
The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Carlton
Carpenter
Casas
Clark
Clements
Cortina
Crady
Crotty
Danson
Dantzler
Davis
Deratany
Deutsch



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. M.
Jones, C. F.
Jones, D. L.



Kelly
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Mitchell
Morgan
Murphy
Nergard
Ogden
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond



Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Woodruff
Young



Nays-1
Johnson, R. C.
So the bill passed and was immediately certified to the Senate.

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has passed with amendments HB 47-B, relating to water
resources, and requests the concurrence of the House.
(Senate amendments attached to original bill and shown in the
Senate Journal of June 16)
Joe Brown, Secretary
On motions by Rep. Mills, the House refused to concur in the
Senate amendments to HB 47-B and requested the Senate to recede
therefrom and, in the event the Senate refuses to recede, asked for a
Conference Committee.
The Speaker announced the appointment of Representatives Mills,
T. C. Brown, Carpenter, Kutun, and Patchett, with Liberti, Martin,
and Hodges, alternates, as Managers on the part of the House. The



Nays-7
Carlton
Dudley



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burrall
Carpenter
Casas
Clark
Clements
Combee



June 16, 1983



69










JOURNAL OF THE HOUSE OF REPRESENTATIVES



action, together with HB 47-B and amendments thereto, was im-
mediately certified to the Senate. (Subsequently, Rep. Silver was
appointed to replace Rep. Kutun.)

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has refused to concur in House Amendments 1 and 2 to SB
6-B, relating to education, and requests the House to recede and, in
the event the House refuses to recede, requests a Conference Committee.
(House amendments attached to original bill)
Joe Brown, Secretary
On motions by Rep. Burnsed, the House refused to recede from
the House amendments to SB 6-B and acceded to the request for a
Conference Committee.
The Speaker appointed Representatives Carpenter, Bell, Mills,
Gustafson, and R. M. Johnson, with Weinstock, Kutun, and Har-
grett, alternates, as Managers on the part of the House. The action,
together with SB 6-B and amendments thereto, was immediately
certified to the Senate.

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired Constitutional two-thirds vote and passed, as amended, SB
35-B and requests the concurrence of the House.
Joe Brown, Secretary
By Senator Gersten-
SB 35-B-A bill to be entitled An act relating to a surtax on
documents; creating s. 125.0107, Florida Statutes; authorizing cer-
tain charter counties to levy a discretionary surtax on certain doc-
uments to provide for the acquisition, construction, or improvement
of local jails and related facilities; providing limitations and proce-
dures; providing for a referendum; providing for future repeal of
said section; creating s. 201.033, Florida Statutes; providing for the
levy of the surtax; providing for the administration, collection, and
distribution of the proceeds of the surtax; providing an exception;
requiring an annual report to the Department of Banking and
Finance; providing effective and expiration dates.
Rep. Kutun moved that SB 35-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-64



The Chair
Abrams
Bailey
Bass
Bell
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Casas
Clark
Cortina
Crady
Danson
Dantzler

Nays-45
Allen
Armstrong
Arnold



Davis
Deutsch
Friedman
Gallagher
Gordon
Gustafson
Harris
Hazouri
Healey
Hill
Johnson, B. L.
Johnson, R. M.
Jones, C. F.
Kutun
Lawson
Lehtinen



Brantley
Bronson
Carlton



Liberti
Lippman
Logan
Mackenzie
Martin
Martinez
Messersmith
Mills
Morgan
Murphy
Ogden
Peeples
Press
Ready
Reaves
Reynolds



Carpenter
Clements
Combee



Richmond
Robinson
Shackelford
Silver
Simon
Simone
Spaet
Stewart
Thomas
Thompson
Tobiassen
Watt
Weinstock
Wetherell
Williams
Young



Cosgrove
Crotty
Deratany



Drage
Dudley
Dunbar
Easley
Evans-Jones
Gardner
Grant
Grindle
Hargrett



Hawkins, L. R. McEwan
Hawkins, M. E. Meffert
Hodges Mitchell
Hollingsworth Nergard
Jamerson Ros
Jones, D. L. Sample
Kelly Sanderson
Lewis Selph
Locke Shelley



Smith
Tobin
Upchurch
Wallace
Webster
Woodruff



Votes after roll call:
Yeas to Nays-Robinson, Tobiassen
The motion was not agreed to by the required Constitutional
two-thirds vote and SB 35-B was not admitted for introduction.
On motion by Rep. Grant, the House reconsidered the vote by
which SB 35-B was not admitted for introduction. The question
recurred on the motion to admit SB 35-B for introduction. The vote
was:

Yeas-51



Allen
Arnold
Bailey
Bronson
Burrall
Carpenter
Cortina
Crady
Danson
Deutsch
Dunbar
Easley
Gallagher

Nays-58
Abrams
Armstrong
Bankhead
Bass
Bell
Brantley
Brown, C.
Brown, T. C.
Clark
Clements
Combee
Crotty
Dantzler
Deratany
Drage



Gustafson
Hanson
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Johnson, R. M.
Jones, C. F.
Kutun
Lewis



Dudley
Evans-Jones
Figg
Friedman
Gardner
Gordon
Grant
Grindle
Hargrett
Healey
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kelly



Liberti
Lippman
Mackenzie
Martinez
Messersmith
Mitchell
Murphy
Nergard
Ogden
Pajcic
Patchett
Reynolds
Richmond



Lawson
Lehtinen
Locke
Logan
McEwan
Meffert
Morgan
Peeples
Press
Ready
Reaves
Reddick
Robinson
Ros
Sample



Shackelford
Silver
Simon
Simone
Spaet
Thomas
Wallace
Ward
Watt
Weinstock
Williams
Young




Sanderson
Selph
Shelley
Smith
Stewart
Thompson
Titone
Tobiassen
Tobin
Upchurch
Webster
Wetherell
Woodruff



The motion was not agreed to by the required Constitutional
two-thirds vote and SB 35-B was not admitted for introduction.

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired Constitutional two-thirds vote and passed, as amended, SB
30-B and requests the concurrence of the House.

Joe Brown, Secretary

By Senator Myers-
SB 30-B-A bill to be entitled An act relating to pugilistic exhi-
bitions; creating s. 14.27, Florida Statutes; creating the State Ath-
letic Commission under the Department of Business Regulation;
providing for appointment of members; creating ss. 548.041-548.49,



June 16, 1983



70










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Florida Statutes; providing for compensation and terms of office of
members of the commission; providing for the adoption of rules;
providing for an executive secretary and defining his duties; provid-
ing definitions; regulating boxing in the state; exempting schools
and Olympic events; granting exclusive jurisdiction over all boxing
matches to the commission; providing rules and requirements for
boxing; establishing a minimum age for boxers; requiring a physi-
cian, referees, and judges to be in attendance; establishing weight
and class limitations, methods of scoring, and other safety regula-
tions; providing for certain disclosure; prohibiting collusive or sham
contests; regulating purses and their disbursement; providing for
hearings; requiring insurance; requiring certain persons to be li-
censed; requiring permits for boxing matches; establishing proce-
dures for licensing; establishing license and permit fees; requiring
the disclosure of receipts from boxing contests; establishing a per-
cent gross receipts tax; providing penalties; establishing a medical
advisory board; regulating the contracts and tickets of admission
relating to boxing matches; requiring certain persons to post bond
or other security prior to licensing; authorizing the commission to
hold hearings, to issue subpoenas, to suspend or revoke licenses,
and to impose fines; providing criminal penalties; prohibiting cer-
tain conflicts of interest; repealing ss. 548.01-548.04, Florida Stat-
utes, relating to pugilistic exhibitions; providing for future repeal
and review; providing an effective date.
Rep. Ready moved that SB 30-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the
Call. The vote was:

Yeas-88



Dunbar
Easley
Evans-Jones
Friedman
Gallagher
Gordon
Grant
Grindle
Gustafson
Harris
Healey
Hill
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kutun
Lawson



Figg
Hanson
Hargrett
Hawkins, M. E.
Hazouri



Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martinez
McEwan
Meffert
Messersmith
Mitchell
Morgan
Murphy
Nergard
Ogden
Patchett
Press
Ready
Reaves
Reddick
Reynolds



Johnson, R. M.
Pajcic
Peeples
Sample
Shelley



Richmond
Robinson
Ros
Sanderson
Selph
Shackelford
Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Tobiassen
Tobin
Wallace
Ward
Watt
Wetherell
Williams
Young



Upchurch
Webster
Weinstock
Woodruff



Beard, Crawford as the Conferees on the part of the Senate on SB
1-B.
Joe Brown, Secretary

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate refused to recede from Senate amendments to HB 47-B and
acceded to the request of the House for a Conference Committee.
The President has appointed Senators Neal, Kirkpatrick, Grizzle,
Mann and Langley as the Conferees on the part of the Senate on
H.B. 47-B
Joe Brown, Secretary


The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
President has appointed Senators Peterson, Grant, Maxwell, Vogt,
Hair and Barron; alternate Frank as the Conferees on the part of
the Senate on SB 6-B.
Joe Brown, Secretary


The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has admitted for introduction and consideration by the re-
quired constitutional two-thirds vote and passed CS/HB 23-B and
CS/HB 17-B.
Joe Brown, Secretary
The bills were ordered enrolled.


The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
Senate has concurred in House amendments and passed SB 14-B, as
amended.
Joe Brown, Secretary
Rep. Thompson moved that the House stand in recess, upon the
receiving of Reports, for the purpose of holding Conference Com-
mittee meetings and conducting other House business, to reconvene
upon the call of the Speaker. The motion was agreed to.
Prime Sponsor
HB 1-B-Simon

Report of Standing Committees

The Committee on Commerce recommends the following pass:



HB 4-B
HB 5-B



HB 8-B
HB 16-B



The above bills were placed on the Calendar.

The Committee on Commerce recommends committee substitutes
for the following:



The motion was agreed to by the required Constitutional two-
thirds vote and SB 30-B was read the first time by title and referred
to the Committees on Regulated Industries & Licensing, Finance &
Taxation, and Appropriations.

The Honorable H. Lee Moffitt, Speaker
I am directed to inform the House of Representatives that the
President has appointed Senators Johnston, Maxwell, Vogt, Barron,
Neal, Grizzle, Thomas, Scott, Kirkpatrick, Margolis, alt; Grant,



HB 7-B
HB 9-B



HB 10-B
HB 23-B



The above committee substitutes were placed on the Calen-
dar and, under the rule, HB's 7-B, 9-B, 10-B, 23-B were laid
on the table.

The Committee on Commerce recommends the following pass:
HB 11-B



Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall
Casas
Clark
Cortina
Crady
Danson
Dantzler
Deutsch
Dudley

Nays-19
Carpenter
Combee
Crotty
Deratany
Drage



71



June 16, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



The Committee on Corrections, Probation & Parole recommends
the following pass: HB 29-B



The above bill was referred to the Committees on Finance
& Taxation and Appropriations.



The Committee on Natural Resources recommends the following The Committee on Regulated Industries & Licensing recommends a
pass: HB 25-B, with amendment committee substitute for the following: HB 14-B, with amendments



The above bills were referred to the Committee on Appro-
priations.

The Committee on Commerce recommends a committee substitute
for the following: HB 17-B
The above committee substitute was referred to the Com-
mittee on Appropriations and, under the rule, HB 17-B was
laid on the table.

The Committee on Natural Resources recommends the following
pass: HB 28-B, with amendments



The Committee on Transportation recommends a committee sub-
stitute for the following: HB 13-B
The above committee substitutes were referred to the Com-
mittees on Finance & Taxation and Appropriations and, under
the rule, HB's 14-B and 13-B were laid on the table.

Recessed
Pursuant to the motion previously agreed to, the House recessed
at 7:22 p.m. to reconvene upon the call of the Speaker.



CHAMBER ACTION ON BILLS
June 16, 1983



HB 1-B-Passed 112-0
HB 3-B-Passed 87-26
HB 7-B-C/S passed as amended 114-0
HB 14-B-C/S passed as amended 81-29
HB 17-B-C/S passed 107-1
HB 18-B-Passed 102-12
HB 22-B-Passed 101-10
HB 23-B-C/S passed 114-0
HB 25-B-Passed as amended 110-0
HB 29-B-Passed as amended 115-0
HB 31-B-Introduction refused
HR 33-B-Adopted
HB 34-B-Passed 112-0
HB 35-B-Passed 116-0
HB 36-B-Passed 78-36
HB 37-B-Passed as amended 116-0
HB 38-B-Passed as amended 117-0
HB 39-B-Passed as amended 114-0
HB 40-B-Pending roll call as amended
HB 41-B-Introduction allowed; passed 112-0
HB 45-B-Introduction allowed; passed 106-0
HB 46-B-Passed as amended 116-0
HB 47-B-Passed as amended 115-1; refused to concur, requests
Senate recede or appoint a Conference Committee;
Conference Committee appointed: Mills, T. C. Brown,
Carpenter, Kutun, Patchett, Alt.: Liberti, Martin,
Hodges
SB 1-B-Passed as amended 90-28; refused to recede, requests
Senate concur or appoint a Conference Committee;
Conference Committee appointed: Morgan, Pajcic,



Bell, Thompson, Kutun, Easley, Gordon, Burnsed,
Lippman, Gardner, Gallagher, Alt.: Gustafson,
Carpenter, Burrall, Ward, Martinez, Mills, Davis
SB 3-B-Introduction allowed; passed as amended 113-0
SB 5-B-Introduction allowed; passed 112-1
SB 6-B-Passed as amended 115-0; refused to recede, requests
Senate concur or appoint a Conference Committee;
Conference Committee appointed: Carpenter, Bell,
Mills, Gustafson, R. M. Johnson, Alt.: Weinstock,
Kutun, Hargrett
SB 8-B-Introduction allowed; passed 108-3
SB 10-B-Introduction allowed; passed 110-0
SB 11-B-Introduction allowed; passed 114-0
SB 12-B-Introduction allowed; passed 111-1
SB 13-B-Introduction allowed; passed 114-1
SB 14-B-Introduction allowed; passed as amended 95-15; re-
considered, amended; passed as amended 99-14
SB 17-B-Introduction allowed; passed 115-0
SB 19-B-Introduction allowed; passed 109-1
SB 20-B-Introduction allowed; passed 89-21
SB 22-B-Introduction allowed; passed 114-0
SB 23-B-Introduction allowed; passed 113-0
SB 24-B-Introduction allowed; passed 113-0
SB 30-B-Introduction allowed; referred to Regulated Industries
& Licensing, Finance & Taxation, Appropriations
SB 33-B-Introduction allowed; passed 115-0
SB 35-B-Introduction refused; reconsidered; introduction refused
[Source: Legislative Information Division]



72



June 16, 1983















e JounralOF THE

'iouse of ltepreseitatives

SECOND SPECIAL SESSION-"B" of 1982-1984

Number 3 Friday, June 17, 1983

The following Proclamation was received:

PROCLAMATION
State of Florida
Executive Department
Tallahassee
(Amendment to Proclamation dated June 14, 1983)

TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE
AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, on the 14th day of June, 1983, a proclamation of the
Governor was issued convening a Special Session of the Florida
Legislature commencing at 10:00 a.m., Wednesday, June 15, 1983,
and extending through midnight, Friday, June 17, 1983, and
WHEREAS, consultation with the leadership of the Florida Leg-
islature reflects that progress is being made and that this Special
Session should be continued until the matters under consideration
are completed, and
WHEREAS, it is in the best interest of the citizens of the State to
extend the length of the Special Session in order to permit full and
adequate consideration of all items within my proclamation of June
14, 1983,
NOW, THEREFORE, I, BOB GRAHAM, Governor of the State of
Florida, by virtue of the power and authority vested in me by
Article Ill, Section 3 (c) (1), Florida Constitution, do hereby extend
the Special Session through midnight, Wednesday, June 22, 1983.
Except as amended by this Proclamation, the Proclamation of the
Governor dated June 14, 1983, is ratified and confirmed.
IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to be
affixed at Tallahassee, the Capitol, this
17 day of June, 1983.
BOB GRAHAM
Governor
ATTEST:
GEORGE FIRESTONE
Secretary of State



73
















W e JJouqal o THE


Souse of Itpreseqrtatives


SECOND SPECIAL SESSION-"B" of 1982-1984



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

Prayer
Prayer was offered by Representative C. F. Jones.
The following Proclamations were read:
PROCLAMATION
State of Florida
Executive Department
Tallahassee
(Second Amendment to Proclamation dated June 14, 1983)
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE
AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, on the 14th day of June, 1983, a proclamation of the
Governor was issued convening a Special Session of the Florida
Legislature commencing at 10:00 a.m., Wednesday, June 15, 1983,
and extending through midnight, Friday, June 17, 1983, and
WHEREAS, on the 17th day of June, 1983, a Proclamation was
issued extending the Special Session through midnight, Wednes-
day, June 22, 1983,
WHEREAS, it is in the best interest of the citizens of the State of
Florida to amend the Proclamation of June 14, 1983, as amended,
in order to expand the call of the Special Session so that the Legis-
lature may consider the additional legislative business set forth
below;
WHEREAS, it is in the best interest of the citizens of the State to
extend the length of the Special Session in order to permit full and
adequate consideration of all items within my proclamation of June
14, 1983, as amended.
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 pro-
claim as follows:
I. That Sections one (1) and two (2) of the Proclamation of the
Governor dated June 17, 1983, are hereby amended to read:

Section 1.
That the Legislature of the State of Florida be and is hereby
convened in Special Session pursuant to Article III, Section 3 (c) (1)
of the Florida Constitution, commencing at 10:00 a.m., Wednesday,
June 15, 1983, and extending through midnight, Thursday, June
23, 1983.

Section 2.
That the Legislature of the State of Florida is convened for the
sole and exclusive purpose of considering the following matters:
1. The General Appropriations Bill.
2. Public Education Capital Outlay (PECO).
74



3. Legislation to implement or fund items contained in the
General Appropriations Bill or PECO.
4. Legislation to insure protection of the State's water resourc-
es, including, but not limited to, measures
(a) Providing for data collection;
(b) Providing for the testing of pesticides;
(c) Providing for groundwater monitoring;
(d) Providing for well field contamination monitoring;
(e) Providing for artesian well plugging;
(f) Addressing hazardous waste disposal and regulation;
(g) Regulating the use of septic tanks;
(h) Providing for a grants program for construction and im-
provement of sanitary sewer systems;
(i) Implementing or funding the above mentioned items.
5. Legislation to improve the quality of the state's education
system, including, but not limited to, measures
(a) Upgrading academic standards;
(b) Enhancing the teaching and learning of mathematics,
science, and computer education;
(c) Improving the quality of teacher preparation and per-
formance, including pre-service, in-service, and teacher
education centers, certification, compensation, and the
establishment of a master teacher program;
(d) Revising vocational education programs to provide em-
ployment opportunities and to insure responsiveness to
business and industry needs.
(e) Providing for the adequate and equitable funding of ed-
ucational programs;
(f) Providing for post-secondary education academic enhance-
ments; and
(g) Implementing and funding the above mentioned items.
6. A bill relating to community mental health service, estab-
lishing a coordinated alcohol, drug abuse, and mental health
service delivery system.
7. A bill relating to state and regional planning.
H. Except as amended by this Proclamation, the Proclamation
of the Governor dated June 14, 1983, as amended, is ratified and
confirmed.



IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the
Great Seal of the State of Florida to be
affixed to this proclamation at the Capi-
tol, this 22 day of June, 1983.
BOB GRAHAM
Governor



A digest of today's Chamber action appears on last page



Number 4



Thursday, June 23, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



75



ATTEST:
GEORGE FIRESTONE
Secretary of State
PROCLAMATION
State of Florida
Executive Department
Tallahassee
(Third Amendment to Proclamation dated June 14, 1983)
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE
AND THE HOUSE OF REPRESENTATIVES:
WHEREAS, on the 14th day of June, 1983, a proclamation of the
Governor was issued convening a Special Session of the Florida
Legislature commencing at 10:00 a.m., Wednesday, June 15, 1983,
and extending through midnight, Friday, June 17, 1983, and
WHEREAS, on the 17th day of June, 1983, a Proclamation was
issued extending the Special Session through midnight, Wednes-
day, June 22, 1983,
WHEREAS, on the 22nd day of June, 1983, a Proclamation was
issued adding additional matters for the Legislature's consideration
and extending the Special Session through midnight, Thursday,
June 23, 1983;
WHEREAS, it is in the best interest of the citizens of the State to
extend the length of the Special Session in order to permit full and
adequate consideration of all items within my proclamation of June
14, 1983, as amended.
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 pro-
claim as follows:
I. That Section one (1) of the Proclamation of the Governor
dated June 14, 1983, is hereby amended to read:

Section 1.
That the Legislature of the State of Florida be and is hereby
convened in Special Session pursuant to Article III, Section 3 (c) (1)
of the Florida Constitution, commencing at 10:00 a.m., Wednesday,
June 15, 1983, and extending through midnight, Friday, June 24,
1983.



H. Except as amended by this Proclamation, the Proclamation
of the Governor dated June 14, 1983, as amended, is ratified and
confirmed.
E Sr 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 at the Capi-
tol, this 23 day of June, 1983.
BOB GRAHAM
Governor



ATTEST:
GEORGE FIRESTONE
Secretary of State
The following Members were recorded present:



The Chair
Abrams
Allen
Armstrong
Arnold
Bailey
Bankhead
Bass



Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Burrall



Carpenter
Casas
Clark
Clements
Combee
Cortina
Cosgrove
Crady



Crotty
Danson
Dantzler
Davis
Deratany
Deutsch
Drage
Dudley



Dunbar
Easley
Evans-Jones
Figg
Friedman
Gallagher
Gardner
Gordon
Grant
Grindle
Gustafson
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Healey
Hill
Hodges
Hollingsworth



Jamerson
Johnson, B. L.
Johnson, R. C.
Johnson, R. M.
Jones, C. F.
Kelly
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills



Mitchell
Morgan
Murphy
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Ready
Reaves
Reddick
Reynolds
Richmond
Robinson
Ros
Sample
Sanderson
Selph
Shackelford
Shelley



Silver
Simon
Simone
Smith
Spaet
Stewart
Thomas
Thompson
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Williams
Young



Excused: Representative Carlton, in Jamaica to address an NCSL
International Conference on Tourism in Florida; Representative
Lehman, recuperating from surgery; Representatives D. L. Jones,
Woodruff, and Logan
A quorum was present.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of June 16 was corrected and approved as follows:
On page 23, title of HB 36-B, line 3, strike "278.101" and insert
"378.101"; on page 31, column 1, strike line 15 from bottom and
insert "ture; providing effective dates."; on page 37, column 1, line
14 from bottom, strike "finds" and insert "fines"; on page 38, title
of SB 23-B, line 10, strike "634.422 (1)" and insert "634.422 (11)";
on page 39, title of SB 24-B, line 7, strike "6734.311" and insert
"634.311"
The Journal of June 17 was approved.



Conference Committee Report on HB 47-B
On motion by Rep. Mills, the House took up the following Report
of the Conference Committee on HB 47-B:

The Honorable Curtis Peterson
President of the Senate
The Honorable H. Lee Moffitt
Speaker, House of Representatives
Sirs:
Your Conference Committee on the disagreeing votes of the two
Houses on HB 47-B, same being:
An act relating to water resources;
creating the Water Quality Assurance
Act of 1983;
having met, and after full and free conference, do recommend to
their respective Houses as follows:
1. That the Senate recede from the Senate amendments to HB
47-B.

2. That the House and Senate adopt the Conference Committee
amendments to HB 47-B attached hereto; and by reference
made a part of this report.



June 23, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



3. That the House and Senate pass HB 47-B as amended by said
Conference Committee amendments.
Patrick K. Neal Co-Chairman Jon Mills, Chairman
Mary R. Grizzle Tom C. Brown
George Kirkpatrick Carl Carpenter, Jr.
Richard H. Langley R. Dale Patchett
Franklin B. Mann Ronald A. Silver
Managers on the part Managers on the part
of the Senate of the House
House Alternates
Gene Hodges
Ray Liberti
Sid Martin

Summary
Conference Committee Amendments To HB 47-B
"The Water Quality Assurance Act Of 1983"


PART I
DATA COLLECTION
This part directs the Department of Environmental Regulation to
be the central depository for scientific information generated by
groundwater research throughout the state. It further directs the
department to take the beginning steps to develop a computerized
groundwater data base based upon regions deemed prone to ground-
water contamination, regions that have an identifiable direct con-
nection with any confined aquifer used as a drinking water source
and any region dependent on a sole source aquifer for potable water.

PART II
GROUNDWATER MONITORING
This part directs the Department of Environmental Regulation to
establish a groundwater monitoring network throughout the state.
The monitoring wells which make up the groundwater monitoring
network shall be placed according to the susceptibility of each site
to contamination and to the degree of danger to public health
caused, or potentially caused, by contamination. Additionally, this
part directs the Department of Environmental Regulation to im-
plement a continuing inspection program for package sewage treat-
ment facilities.


PART III
WELLFIELD CONTAMINATION MITIGATION
This part directs the Department of Environmental Regulation to
coordinate with the Department of Health and Rehabilitative Ser-
vices to establish programs designed to prevent contamination or to
minimize the danger of contamination of potable water supplies. It
further directs the department to contract for clinical tests of sam-
ples of affected populations in situations where contaminants have
entered or are likely to enter public or private water supplies.


PART IV
ARTESIAN WELL PLUGGING
This part directs the state's five water management districts to
prepare inventories of all known abandoned artesian wells in their
districts and to prepare, and submit to the Department of Envi-
ronmental Regulation by January 1, 1984, a detailed work plan for
the plugging of these wells, including the priority of wells to be
plugged and data relating to costs and methodology for carrying out
the program. The part also contains a definition of an abandoned
artesian well. The program is seen as having two parts; the dis-
tricts will prepare plans during the first year and during the second



year the actual plugging and capping program will be funded from
the Water Quality Assurance Trust Fund.



PART V
PESTICIDES
This part repeals the existing Pesticide Technical Advisory Council
within the Department of Agriculture and creates a new, nine-
person Pesticide Review Council to review and comment upon re-
stricted use pesticides registered in Florida and restricted use pes-
ticides for which application for Florida registration has been made.
The new council consists of scientific representatives from the De-
partment of Environmental Regulation, the Department of Natural
Resources, the Department of Health and Rehabilitative Services
and from the Game and Fresh Water Fish Commission. Other
members will be the state chemist, the Dean of Research at the
Institute of Food and Agricultural Sciences of the University of
Florida, and, additionally, a hydrologist, a toxicologist and an inde-
pendent scientific research consultant with experience in both gov-
ernment and industry. The latter three members are to be appointed
by the Governor. The Council is charged with making recommen-
dations to the Commissioner of Agriculture as to the sale or use of
restricted use pesticides.
Additionally, this part gives the newly created Pesticide Review
Council standing under Chapter 120 in any proceeding relating to
pesticide registration and allows the Department of Environmental
Regulation to review and comment upon restricted use pesticides.
This part also creates within the Department of Agriculture and
Consumer Services a Bureau of Product Data Evaluation to support
the Pesticide Review Council and contains language expressing the
legislative intent that a sound agricultural industry is an impor-
tant asset to Florida.

PART VI
HAZARDOUS WASTE MANAGEMENT
This lengthy section does the following:
-Imposes a 3% tax on the annual gross receipts of privately
owned commercial hazardous waste storage, treatment or disposal
facilities, such tax to accrue to the local government in whose
jurisdiction the facility is situate.
-Provides a program of local hazardous waste management as-
sessments whereby regional planning councils, or counties at their
option, shall identify small quantity hazardous waste generators
within their jurisdiction and administer a program of notification
to such generators, informing these generators of methods of ap-
propriate disposal of hazardous wastes.
-Directs regional planning councils to designate one or more
sites within their jurisdictions at which a regional hazardous waste
storage or treatment facility could be constructed.
-Creates a program known as "Amnesty Days" to create public
awareness of the need for proper disposal of hazardous waste by
directing DER to contract with a waste handling company to collect
from small quantity hazardous waste generators small amounts of
waste, free of charge.
-Establishes the Governor and Cabinet as the appellate body to
decide disputed hazardous waste facility siting issues.
-Directs the Environmental Regulation Commission to desig-
nate a site for a multi-purpose hazardous waste facility.
-Prohibits hazardous waste landfills in Florida except upon the
declaration of a hazardous waste management emergency by the
Governor.

PART VII
EMERGENCY RESPONSE PROGRAM
This part provides a mechanism whereby the Department of En-
vironmental Regulation shall be the lead agency for interdepart-



mental coordination of emergency efforts to combat water pollu-
tion, hazardous waste spills and other environmental and health
emergencies not specifically designated within other statutes. This



76



June 23, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



effort is to be funded from the Water Quality Assurance Trust
Fund.

PART VIII
ONSITE SEWAGE DISPOSAL
This part creates new and more stringent regulations of septic
tank installations, statewide. In subdivisions with one-half acre
lots and private potable well systems, septic tanks can be used if
the average daily sewage flow does not exceed 1,500 gallons per
acre per day. In subdivisions with one-quarter acre lots and a public
water system, septic tanks can be used if the average daily sewage
flow does not exceed 2,500 gallons per acre per day.
This part also establishes septic tank setbacks of 75' from private
drinking water wells, 200' from public wells and 75' from surface
waters. For lots platted prior to 1972, it establishes a 50' minimum
surface water setback and an exemption from size requirements
provided that sewage flows do not exceed 2,500 gallons per acre per
day for lots with public water systems and 1,500 gallons per acre
per day for lots with private wells.
It also establishes a variance procedure and creates an Advisory
Review Variance Board to hear applications for variances. This
part also provides additional fees for septic tank permits, to be used
for permitting, site evaluations, septic tank research and providing
a means to accelerate the soil survey program currently underway
in the Department of Agriculture.

PART IX
SEWAGE TREATMENT
This part provides grants to sewage treatment facilities in both
large and small communities throughout Florida. It is funded, at
$100,000,000 from funds obtained from the accelerated sales tax
collection program. Forty-five percent of the funds so obtained will
be directed to the Small Communities Sewage Grant Program.
Small Communities are defined as those with 35,000 population or
under and the per project cap for such communities is $3,000,000.
The interest on the $100,000,000 in this fund-estimated to be
about $8.1 million-will be transferred to the Water Quality Assur-
ance Trust Fund.

PART X
ENVIRONMENTAL REORGANIZATION
This omnibus part expands the delegation of powers from the
Department of Environmental Regulation to water management
districts, co-locates certain Department of Environmental Regula-
tion and water management district offices within the state, redefines
and clarifies the review powers of the Land and Water Adjudicatory
Commission.

PART XI
POLLUTANT SPILL PREVENTION AND CONTROL
This part creates the Water Quality Assurance Trust Fund (to be
made up of $11,000,000 from the Coastal Protection Trust Fund,
$8.1 million from the interest on the accelerated sales tax program
and half the interest, annually, on the Coastal Protection Trust
Fund).
The trust fund created in this part is intended to fund the entire
Water Quality Assurance Act of 1983 for the 1983/84 Fiscal Year,
including the on-going Department of Environmental Regulation
programs described earlier in the act and the clean-up of superfund
and state uncontrolled hazardous waste sites, in addition to a num-
ber of other functions described in the fiscal breakdown which
accompanies this summary.
The Water Quality Assurance Trust Fund has a cap of $12,000,000
and a bottom-end trigger of $3,000,000; when the fund falls below
that latter figure a 2 per barrel tax on pollutants, including oil of



any kind and in any form, gasoline, pesticides, ammonia, chlorine
and derivatives thereof is triggered and will be collected until the
fund once again reaches $12,000,000.



This part also empowers the Department of Environmental Reg-
ulation to adopt rules regulating above-ground and below-ground
storage tanks and to create a program for inspecting these tanks.

PART XII
EMINENT DOMAIN
This part provides that information as to the acquisition of land
for public water supply or rights of way by an applicant for a
consumptive use permit shall not be admissable in an administra-
tive or judicial consumptive use permit application hearing.
(Legislative intent language for Section 373.115 [Eminent Domain]:
It is the express intent of the Legislature that by enacting a new
section 373.115, Florida Statutes, which prohibits the admission of
evidence relating to the prior acquisition of land or rights of way in
any administrative or judicial proceeding relating to consumptive
use permitting under Chapter 373, Florida Statutes, that only evi-
dence specifically relating to the fact, date and price of acquisition
will be inadmissible. Any evidence relating to the history and type
of water uses, prior consumptive use permits, the needs of the
population served by the source of water, consequences of terminat-
ing or reducing the use of water, existing uses, and the cost of
providing water shall continue to be admissible in those proceed-
ings. It is the further intent of the Legislature that any other
evidence previously admissible, in these proceedings will continue
to be admissible, unless expressly excluded under Section 373.115,
Florida Statutes.)


Cash Flow Analysis of Water Quality Bill



Revenue 1983-84:
Sales Tax Step-up
Transfer from CPTF
One-half of Annual Interest in CPTF
Interest from WPCTF
Interest on Avg. Balance in Fund

Total Revenue Available 1983-84:
Expenditures 1983-84:
Operations:
Data Collection
Pesticides
G.W. Monitoring
Package Plants
Local H.W. Survey
DER Local Prog.
Underground Storage Program
Amnesty Day
Facility Siting
Administration of Cleanup Activities
Collocation with WMD's

Subtotal Operations
Cleanup

Total Expenditures 1983-84
Balance Forward at June 30, 1984


Balance Forward at July 1, 1984
Revenue for 1984-85



Conference
100,000,000
11,000,000
1,500,000
4,600,000
400,000

117,500,000



350,000
490,000
2,943,000
407,000
1,428,500
75,000
250,000
400,000
25,000
240,000
146,307

6,754,807
8,500,000

15,254,807
102,245,193


102,245,193



General Revenue 4,638,628
One-half of Annual Interest in CPTF 1,500,000
Interest from WPCTF 3,400,000
Interest on Average Balance in Fund (est.) 400,000
2 barrel tax on pollutants 7,000,000



(1)



(2)

(3)



Total Revenue Available 1984-85



June 23, 1983



77



119,183,821










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Expenditures 1984-85:
Sewage grants
Recurring Operations

Total Expenditures

Fund Balance for Cleanup & Emergencies
(84-85)



100,000,000
5,147,338 (4)

105,147,338


14,036,483 (5)



Based on interest on 100,000,000 for 7 months.
Based on interest on 100,000,000 for 5 months.
Will only be collected if fund drops below 3 million in unob-
ligated funds.
Includes 508,810 for local hazardous waste survey.
Approximately 5,000,000 for State Sites and 6,000,000 for
Superfund Sites will be needed during 1984-85 (11,000,000
in total plus emergencies).



Conference Committee Amendment 1-On page 9, line 24,
strike everything after the enacting clause, and insert: Section 1.
This act may be cited as the "Water Quality Assurance Act of
1983."
PART I
DEPARTMENT OF ENVIRONMENTAL REGULATION
DATA COLLECTION
Section 2. Section 373.026, Florida Statutes, is amended to read:
373.026 General powers and duties of the department.-The De-
partment of Environmental Regulation, or its successor agency,
shall be responsible for the administration of this chapter at the
state level. However, it is the policy of the state that, to the greatest
extent possible, the department may enter into interagency or interlocal
agreements with any other state agency, water management dis-
trict, or local government conducting programs related to or materi-
ally affecting the water resources of the state. All such interagency
agreements shall be subject to the provisions of s. 373.046. In addi-
tion to its other powers and duties, the department shall, to the
greatest extent possible is-authorized:
(1) To Conduct, independently or in cooperation with other agen-
cies, topographic surveys, research, and investigations into all as-
pects of water use and water quality.
(2) Be the central repository for all scientific and factual informa-
tion relating to water resources generated by local governments,
water management districts and state agencies and to that end,
collect, maintain and make available such information to public and
private users within the state and assist in the acquisition of scien-
tific and factual data from the water management districts, local
governments, and United States Geological Survey. All local gov-
ernments, water management districts and state agencies are di-
rected to cooperate with the department or its agents in making
available to it for this purpose such scientific and factual data as
they may have, generate or possess, as the department deems neces-
sary. The department is authorized to prescribe the format and en-
sure quality control for all data collected or submitted. Additionally,
the department shall annually publish a bibliography of all water
resource investigations conducted in the state, the first such bibliog-
raphy to be published no later than July 1, 1984. The department is
additionally directed to establish priorities for the development of a
computerized groundwater data base upon the following principles:
(a) Regions deemed prone to groundwater contamination due to
land-use.
(b) Regions that have an identifiable direct connection with any
confined aquifer utilized as a drinking water aquifer.
(c) Any region dependent on a single source aquifer. To collect,
compile, and analyze, for ituse and guidance administering the
water resuctre laws of this state, scientific and factual data froF
the United States Geological Survey or any state agency. State
a Encies dire ted to cooperate with the department or its agents



(1)
(2)
(3)

(4)
(5)



Government a program of public works for Florida, requesting au-
thorization for funds for each project.



in making avalblCe to it for this purp suclh scientifi and factual
data as they may have.
(3) To Cooperate with other state agencies, water management
districts, and regional, county, or other local governmental organi-
zations or agencies created for the purpose of utilizing and conserv-
ing the waters in this state; to assist such organizations and agen-
cies in coordinating the use of their facilities; and participate in an
exchange of ideas, knowledge, and data with such organizations
and agencies. For this purpose the department may maintain an
advisory staff of experts.

(4) To Prepare and provide for dissemination to the public of
current and useful information relating to the water resources of
the state.

(5) To Identify by continuing study those areas of the state
where saltwater intrusion is a threat to freshwater resources and
report its findings to the water management districts, boards of
county commissioners, and public concerned.

(6) To Conduct, either independently or in cooperation with any
person or governmental agency, a program of study, research, and
experimentation and evaluation in the field of weather modification.

(7) Toe Exercise general supervisory authority over all water
management districts. The department may exercise any power
herein authorized to be exercised by a water management district.
The department Shall review, and may reScind or modify, any poli
cy, rule, regatio, or order of fta ter management dPIZta* ;"
those policies, rules, o regulations "which %`involve nly the internal
management of the diQtrict, to inSue om- pliance with the p4rvia
ions a "1pu4poese of this chapter. Sch review may be initiated at
any time cithei by the department r by an intcrcated person
aggri-ved by uch policy, rule, regulation, or order by filing a
request for s uch review with the department and acrving a copy on
the water management district. Such request for review i not a
precondition to the effectiveness of such policy, rule, regulation, AO
oder, 5r to the seeking of judiciaL l rvi% w aa otherwise provided.

(8) (a) To Provide such coordination, cooperation, or approval
necessary to the effectuation of any plan or project of the Federal
Government in connection with or concerning the waters in the
state. Unless otherwise provided by state or federal law, the de-
partment shall, subject to confirmation by the Legislature, have the
power to approve or disapprove such federal plans or projects on
behalf of the state.

(b) The department, subject to confirmation by the Legislature,
shall act on behalf of the state in the negotiation and consumma-
tion of any agreement or compact with another state or other states
concerning waters of the state.

(9) (a) To Hold annually a conference on water resources devel-
opmental programs. Each agency, commission, district, municipali-
ty, or political subdivision of the state responsible for a specific
water resources development program requiring federal assistance
shall present at such conference its programs and projects and the
needs thereof. Notice of the time and place of the annual conference
on water resources developmental programs shall be extended by
mail at least 30 days prior to the date of such conference to any
person who has filed a written request for notification with the
department. Adequate opportunity shall be afforded for participa-
tion at the conference by interested members of the general public.

(b) Upon termination of the water conference, the department
shall select those projects for presentation in the Florida program of
public works which best represent the public welfare and interest of
the people of the state as required for the proper development, use,
conservation, and protection of the waters of the state and land
resources affected thereby. Thereafter, the department shall pres-
ent to the appropriate committees and agencies of the Federal



78



June 23, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



PART II
GROUNDWATER MONITORING
Section 3. Section 403.063, Florida Statutes, is created to read:
403.063 Groundwater quality monitoring.-
(1) The department, in cooperation with other state and federal
agencies, water management districts, and local governments, shall
establish a groundwater quality monitoring network designed to
detect or predict contamination of the state's groundwater resources.
(2) The department may, by rule, determine the priority of sites to
be monitored within such groundwater quality monitoring network,
based upon the following criteria:
(a) The degree of danger to the public health caused or poten-
tially caused by contamination.
(b) The susceptibility of each site to contamination.
(3) This information shall be made available to state and federal
agencies and local governments to facilitate their regulatory and
land use planning decisions.
(4) To the greatest extent practicable the actual sampling and
testing of groundwater pursuant to the provisions of this section may
be conducted by local and regional agencies.
Section 4. The Department of Environmental Regulation shall
implement a program to conduct regular and continuing inspection
of package sewage treatment facilities. To the greatest extent pos-
sible, consistent with the abilities and the financial resources of
local governments, the inspection program shall be delegated to
local governments.

PART III
WELL FIELD CONTAMINATION MITIGATION
Section 5. Section 403.855, Florida Statutes, is amended to read:
403.855 Imminent hazards.-In coordination with the Department
of Health and Rehabilitative Services, the department, upon receipt
of information that a contaminant which is present in, or is likely
to enter, a public or private water supplies system may present an
imminent and substantial danger to the public health, may take
such actions as it may deem necessary in order to protect the public
health. Department actions shall which the dpaf eAr nt may tak
include, but are not limited to:
(1) Adopting emergency rules pursuant to s. 120.54 (9).
(2) Issuing such corrective orders as may be necessary to protect
the health of persons who are or may be users of such supplies
systems, including travelers. An order issued by the department
under this section shall become effective upon service of such order
on the alleged violator, notwithstanding the provisions of s. 403.860 (3).
(3) Establishing a program designed to prevent contamination or
to minimize the danger of contamination to potable water supplies.
(4) Contracting for clinical tests on samples of the affected popu-
lation if the department determines there is a real and immediate
danger to the public health.
(5) (8) Commencing a civil action for appropriate relief, includ-
ing a restraining order or permanent or temporary injunction.

PART IV
ARTESIAN WELL PLUGGING
Section 6. Subsections (3) and (4) are added to section 373.203,
Florida Statutes, to read:
373.203 Definitions.-



(a) That does not have a properly functioning valve;
(b) The use of which has been permanently discontinued,-
(c) That does not meet current well construction standards;
(d) That is discharging water containing greater than 500 mg/1
chlorides into a drinking water aquifer;
(e) That is in such a state of disrepair that it cannot be used for
its intended purpose without having an adverse impact upon an
aquifer which serves as a source of drinking water, or which is likely
to be such a source in the future; or
(f) That does not have proper flow control on or below the land
surface.
(4) "Plugging" is defined as plugging, capping, or otherwise con-
trolling a well as deemed appropriate by the department or by the
appropriate water management district.

Section 7. Section 373.206, Florida Statutes, is amended to read:
373.206 Artesian well; flow regulated.-Every person, stock com-
pany, association or corporation, county or municipality owning or
controlling the real estate upon which is located a flowing artesian
well in this state shall, within 90 days after June 15, 1953, provide
each such well with a valve capable of controlling the discharge
from the well, and shall keep the valve so adjusted that only a
supply of water shall be available as is necessary for ordinary use
by the owner, tenant, occupant or person in control of the land for
personal use and on conducting his business. Upon the determina-
tion by the Department of Environmental Regulation or the appro-
priate water management district that the water in an artesian well
is of such poor quality as to have an adverse impact upon an aquifer
or other water body which serves as a source of public drinking
water, or which is likely to be such a source in the future, then such
well Howvcrr, if the water in a well i 9w highly mincr.alized o
otherwise of such poor quality that it iX nolne a Etable weter
Apply, as det ined by the Department of Enviromental Ucg
latio, then it shall be plugged in accordance with department or
appropriate water management district the department specifica-
tions for well plugging.

Section 8. Section 373.207, Florida Statutes, is created to read:
373.207 Abandoned artesian wells.-

(1) Each water management district shall develop a work plan
identifying the location of all known abandoned artesian wells within
its jurisdictional boundaries and defining the actions which the
district must take in order to ensure that each such well is plugged
on or before January 1, 1992. The work plan shall include the
following:

(a) An initial inventory, accounting for all known abandoned
artesian wells in the district.

(b) The location and owner of each known abandoned well.

(c) The methodology proposed by the district to accomplish the
plugging of all known abandoned wells within the district on or
before January 1, 1992.

(d) Data relating to costs to be incurred for the plugging of all
wells, including the per well cost and personnel costs.

(e) A priority schedule of well plugging established to mitigate
damage to the groundwater resource due to water quality degradation.

(2) Each water management district shall submit its work plan to
the Secretary of Environmental Regulation no later than January 1,
1984. Thereafter, each water management district shall submit an
annual update of its work plan until January 1, 1992, or until all



"(3) "Abandoned artesian well" is defined as an artesian well:



wells identified by the plan are plugged, whichever is later.



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PART V
PESTICIDES

Section 9. Section 487.0615, Florida Statutes, is created to read:
487.0615 Pesticide Review Council.-
(1) There is hereby created within the Department of Agriculture
and Consumer Services the Pesticide Review Council to consist of
nine scientific members as follows: a scientific representative from
the Department of Environmental Regulation, from the Department
of Natural Resources, from the Department of Health and Rehabili-
tative Services, and from the Game and Fresh Water Fish Commis-
sion, to be appointed by each agency; the state chemist; the dean of
research of the Institute of Food and Agricultural Sciences of the
University of Florida; and a hydrologist, a toxicologist, and an inde-
pendent scientific research consultant with experience in both gov-
ernment and industry, to be appointed by the Governor. Immediately
after their appointment, the members of the council shall meet and
organize by electing a chairman, a vice chairman, and a secretary,
whose terms shall be for 1 year. Council officers shall not serve
consecutive terms. The council shall meet at the call of its chairman,
at the request of a majority of its membership, at the request of the
department, or at such time as a public health or environmental
emergency arises.
(2) The Pesticide Review Council shall have the following powers
and duties:
(a) Review U.S. Environmental Protection Agency data on newly
registered restricted-use pesticides.
(b) Initiate scientific studies on any registered restricted-use pes-
ticide when substantive preliminary data indicates that the restricted-
use pesticide, as presently being used, poses an unreasonable adverse
effect on the hydrogeologic environment or human health, or that
claims made by the registrant relative to its sale, distribution, use, or
effects, to the U.S. Environmental Protection Agency in the registra-
tion application, are substantially different from actuality. The council
shall utilize the available services of state agencies or the State
University System to conduct scientific studies determined to be
necessary in the performance of its duties.
(c) Apprise the U.S. Environmental Protection Agency of the spe-
cific soil, hydrogeological and other environmental conditions in
Florida counties of intense restricted-use pesticide application.
(d) Formally request the U.S. Environmental Protection Agency
to require registrants of new restricted-use pesticides to provide the
council with environmental test data generated in Florida or gener-
ated by simulating Florida environmental conditions.
(e) Request information from the U.S. Environmental Protection
Agency relative to findings upon which the U.S. Environmental
Protection Agency based its registration determinations for restricted-
use pesticides registered in the state.

(f) Make recommendations, subject to a majority vote, directly to
the Commissioner of Agriculture for actions to be taken relative to
the sale or use of a restricted-use pesticide which the council has
studied or reviewed.
(g) Provide information to appropriate government agencies, as
requested, relative to information gleaned about restricted-use pesti-
cides which have been reviewed or studied by the council. However,
confidential data received from the U.S. Environmental Protection
Agency or the registrant shall be treated as such and it shall be
unlawful for any member of the council to use the data for his own
advantage or to reveal it to the general public, provisions of chapter
119 to the contrary notwithstanding.
(h) Evaluate the feasibility of using biological controls to replace
the use of restricted-use pesticides.



(3) The Pesticide Review Council is defined as a substantially
interested person and shall have standing under chapter 120 in any



proceeding conducted by the Department of Agriculture and Con-
sumer Services relating to the registration of a pesticide under this
chapter. The council's standing shall in no way prevent individual
members of the council from exercising standing in such matters.
(4) Members of the Pesticide Review Council shall receive no
compensation for their services but shall be entitled to be reimbursed
for per diem and travel expenses as provided in s. 112.061.
Section 10. Section 487.043, Florida Statutes, is created to read:
487.043 Testing of restricted-use pesticides.-
(1) The Department of Agriculture and Consumer Services shall
adopt rules governing the review of data submitted by an applicant
for restricted-use pesticide registration, and shall determine whether a
restricted-use pesticide should be registered, registered with condi-
tions, or tested under field conditions in Florida. The department
shall transmit a copy of the application and other pertinent informa-
tion to each member of the Pesticide Review Council within 30 days
of receipt of an application for the registration of a restricted-use
pesticide.
(2) When the Pesticide Review Council determines that field test-
ing in Florida is warranted, manufacturers of restricted-use pesti-
cides or persons wishing to register a restricted-use pesticide for use
in Florida shall apply to the Department of Agriculture and Con-
sumer Services for a special permit to conduct tests under field
conditions in Florida. The field testing permit shall contain testing
criteria developed by the most appropriate state agency, as deter-
mined by the council
(3) The Department of Environmental Regulation may review
and comment on restricted-use pesticides registered at the time of
review, in addition to restricted-use pesticides for which application
for registration has been made. Further, the Department of Envi-
ronmental Regulation may review and comment on any restricted-
use pesticide that may pose unreasonably adverse effects on the
environment
(4) Nothing in this section shall affect the authority of the De-
partment of Agriculture and Consumer Services to administer the
pesticide registration program under this chapter or the authority of
the Commissioner of Agriculture to approve the registration of a
pesticide.
Section 11. Sections 487.0615 and 487.043, Florida Statutes,
are repealed on October 1, 1988, and shall be reviewed pursuant to
section 11.611, Florida Statutes.
Section 12. Legislative declaration; public policy.-The Legis-
lature declares that:
(1) It is the public policy of this state and the purpose of this act
to achieve and maintain the production of agricultural commodities
for food and fiber as an essential element for the survival of mankind.
(2) The production of agricultural commodities in this state is a
large and basic industry that is important to the health and welfare
of the people and to the economy of the state.
(3) A sound agricultural industry in this state requires the effi-
cient and profitable use of water and energy and many other natu-
ral, commercial, and industrial resources.
(4) The efficient and profitable use of energy and water resources
in agricultural production in this state is often difficult to achieve
because of problems that are not well known or fully understood by
the people, such as weather, climatic changes, and market conditions.
(5) It is important to the health and welfare of the people of this
state and to the economy of the state that additional problems are
not created for growers and ranchers engaged in the Florida agri-
cultural industry by laws and regulations that cause, or tend to
cause, agricultural production to become inefficient or unprofitable.
(6) The laws and regulations that have caused problems for



agricultural production in this state have been due primarily to a
lack of adequate and informed consideration of the adverse impact



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such laws and regulations would have on efficient and profitable
agricultural production in this state.
Section 13. Subsection (4) is added to section 570.44, Florida
Statutes, to read:
570.44 Division of Inspection; powers and duties.-The Division
of Inspection shall be divided into not less than four three bureaus
as follows:
(1) BUREAU OF FEED, SEED, FERTILIZER AND PESTICIDE
INSPECTION.-It shall be the duty of this bureau to inspect and
draw samples of: Commercial feeds offered for sale in this state and
to enforce those provisions of chapter 580, as authorized by the
department; seeds offered for sale in this state and to enforce those
provisions of chapter 578, as authorized by the department; certi-
fied seed grown in this state and to enforce those provisions of
chapter 575, as authorized by the department; commercial fertiliz-
ers offered for sale in this state and to enforce those provisions of
chapter 576, as authorized by the department; and, pesticides of-
fered for sale in this state and to enforce those provisions of chapter
487, as authorized by the department.
(2) BUREAU OF FOOD, GRADES AND STANDARDS
INSPECTION.-It shall be the duty of this bureau to conduct those
general inspection activities in regard to: Foods offered for sale in
this state and to enforce those provisions of chapters 500 and 583,
relating to foods as authorized by the department; weights, mea-
sures, and standards of articles offered for sale in this state and to
enforce those provisions of chapter 531, as authorized by the de-
partment; dairy products offered for sale at retail in this state and
to enforce those provisions of chapters 502 and 503, as authorized
by the department.
(3) BUREAU OF ROAD GUARDS.-It shall be the duty of this
bureau to operate and manage those road guard inspection stations
of the state and to perform the general inspection activities relating
to the movement of agricultural, horticultural, and livestock prod-
ucts and commodities as directed by the department and the divi-
sion director.
(4) BUREAU OF PRODUCT DATA EVALUATION.-
(a) It shall be the duty of this bureau to support the Pesticide
Review Council and to review and evaluate technical and scientific
data associated with the production, manufacture, storage, transporta-
tion, sale or use of any article or product with respect to any statutory
authority which is conferred on the department.
(b) The department is authorized to establish the following posi-
tions within the bureau: experts in the fields of toxicology, hydrology,
and biology to conduct such reviews and evaluations. The depart-
ment is also authorized to establish appropriate clerical support
positions to implement the duties and responsibilities of the bureau.
Section 14. Section 487.061, Florida Statutes, as amended by
chapters 81-236 and 82-46, Laws of Florida, is hereby repealed.
Section 15. There is hereby appropriated from the General Reve-
nue Fund the sum of $10,000 to the Pesticide Review Council for
the purposes of carrying out council responsibilities and reimburs-
ing members for per diem and travel expenses for the 1983-1984
fiscal year.

PART VI
HAZARDOUS WASTE MANAGEMENT
Section 16. Sections 208.001, 208.002, 208.003, 208.004, and
208.005, Florida Statutes, shall stand repealed on June 30, 1985.
Section 17. Section 208.006, Florida Statutes, is created to read:
208.006 Tax on commercial hazardous waste facilities.-
(1) The owner or operator of each privately owned, permitted,



commercial hazardous waste transfer, storage, treatment, or dis-
posal facility shall, on or before January 25 of each year, file with the
chief fiscal officer of the primary host local government a certified,



notarized statement. The statement shall indicate the gross receipts
from all charges imposed during the preceding calendar year for the
treatment, storage, or disposal of hazardous waste at the facility.
(2) A 3 percent tax is hereby levied on the annual gross receipts of
a privately owned, permitted, commercial hazardous waste transfer,
storage, treatment, or disposal facility, which tax is payable annu-
ally on or before July 1 by the owner of the facility to the primary
host local government.
(3) All moneys received by the appropriate local government pur-
suant to subsection (2) shall be appropriated and used to pay for:
(a) The costs of collecting the tax;
(b) Any local inspection costs incurred by the local government to
ensure that the facility is operated pursuant to the provisions of
chapter 403, part IV, and any rule adopted pursuant thereto;
(c) Additional security costs incurred as a result of operating the
facility, including monitoring, fire and police protection;
(d) Hazardous waste contingency planning implementation;
(e) Road construction or repair costs for public roads adjacent to
and within 1,000 feet of such hazardous waste facility.
(3) The primary host local government is responsible for regulat-
ing, controlling, administering, and enforcing the provisions of this
section.

Section 18. Section 220.184, Florida Statutes, is created to read:
220.184 Hazardous waste facility tax credit.-
(1) A credit against the tax imposed by this chapter shall be
allowed to the owner of any commercial hazardous waste facility
who incurs expenses for hydrologic, geologic, or soil site evaluations
and permit fees required by the Department of Environmental Regu-
lation, which credit shall be equal to the amount of such expenses
incurred
(2) A credit against the tax imposed by this chapter shall be
allowed to the owner of any state permitted commercial hazardous
waste recycling facility, which credit shall be an amount equal to 5
percent of the cost of the stationary facility equipment placed in
service during the taxable year and used for the recycling of hazard-
ous wastes.
(3) If any credit granted pursuant to this section is not fully used
in the first year for which it becomes available, the unused amount
may be carried forward for a period not to exceed 5 years. The
carryover may be used in a subsequent year when the tax imposed by
this chapter for such year exceeds the credit for such year under this
section after applying the other credits and unused credit carryovers
in the order provided in s. 220.02(9).

Section 19. Subsection (9) of section 220.02, Florida Statutes,
1982 Supplement, is amended to read:
220.02 Legislative intent.-
(9) It is the intent of the Legislature that credits against either
the corporate income tax or the franchise tax be applied in the
following order: those enumerated in s. 220.68, those enumerated
in s. 631.719(1), those enumerated in s. 220.18, those enumerated in
s. 220.181, those enumerated in s. 220.183, those enumerated in s.
220.182, ttd those enumerated in s. 221.02, and those enumerated
in s. 220.184.
Section 20. Paragraph (c) of subsection (2) of section 403.702,
Florida Statutes, is amended to read:
403.702 Legislative findings; public purpose.-
(2) It is declared to be the purpose of this act to:



(c) Provide the authority, and require counties and municipali-
ties, to adequately plan and provide efficient, environmentally ac-
ceptable resource recovery and management, and require counties



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to plan for proper hazardous waste management except for hazard 403.722 Permits; hazardous waste disposal, storage, and treat-
ou- wastes. ment facilities.-



Section 21. Subsections (21), (22), (23), (24), and (25) are added
to section 403.704, Florida Statutes, to read:
403.704 Powers and duties of the department.-The department
shall have responsibility for the implementation and enforcement
of the provisions of this act. In addition to other powers and duties,
the department shall:
(21) Receive and administer funds appropriated for county haz-
ardous waste management assessments.
(22) Provide technical assistance to local governments and re-
gional agencies to insure consistency between county hazardous waste
management assessments; coordinate the development of such as-
sessments with the assistance of the appropriate regional planning
councils; and review and make recommendations to the Legislature
relative to the sufficiency of the assessments to meet state hazardous
waste management needs.
(23) Promote public awareness of hazardous waste issues and
proper methods of management.
(24) Assist the hazardous waste storage, treatment, or disposal
industry by providing to the industry any data produced on the types
and quantities of hazardous waste generated.
(25) Institute a hazardous waste emergency response program
which would include emergency telecommunication capabilities and
coordination with appropriate agencies.
Section 22. Subsection (4) of section 403.721, Florida Statutes,
is amended to read:
403.721 Standards, requirements, and procedures for generators
and transporters of hazardous waste and owners and operators of
hazardous waste facilities.-
(4) The department, with respect to transporters of hazardous
waste identified or listed pursuant to this act, shall adopt rules
governing:
(a) Liability and financial responsibility for any liability which
may be incurred in the transport of hazardous waste;
(b) (W) Recordkeeping concerning the source, transport, and de-
livery of hazardous waste;
(c) (6) The transportation of hazardous waste, requiring that such
waste be properly labeled;
(d) (e) Compliance with the manifest system required in para-
graph (3) (e);
(e) (4) The transportation of all such hazardous waste only to the
hazardous waste treatment, storage, or disposal facilities designated
by the shipper on the manifest form, which facility shall be a
facility holding a permit; and
(f) (e) The use of appropriate containers for transporting such
hazardous waste.
Section 23. Subsection (7) is added to section 403.724, Florida
Statutes, to read:
403.724 Financial responsibility.-
(7) Transporters of hazardous waste shall be bonded or insured
to guarantee their financial responsibility for any liability which
may be incurred in the transportation of such hazardous waste, and
to provide that all appropriate measures are taken to prevent damage
to human health, safety, and welfare, to the environment, and to
private and public property. Financial guarantees specified in sub-
section (2) shall be used to satisfy the financial responsibility requirement
Section 24. Subsections (9) and (10) of section 403.722, Florida
Statutes, 1982 Supplement, are amended to read:



(9) The depatnr t shall press permit applic ation pusunt
to- 120.690. It shall not be a requirement for the issuance of such a
permit that the facility complies with an adopted local government
comprehensive plan, local land use ordinances, zoning ordinances
or regulations, or other local ordinances. However, such a permit
issued by the department shall not override such adopted local
government comprehensive plans, local land use ordinances, zoning
ordinances or regulations, or other local ordinances.
(10) Notwithstanding ss. 120.60 (2) and 403.815--
(a) The time specified by law for permit review shall be tolled by
the request of the department for publication of notice of proposed
agency action to issue a permit for a hazardous waste treatment,
storage, or disposal facility and shall resume 45 days after receipt
by the department of proof of publication. If, within 45 days after
publication of the notice of the proposed agency action, the depart-
ment receives written notice of opposition to the intention of the
agency to issue such permit and receives a request for a hearing,
the department shall provide for a hearing pursuant to s. 120.57, if
requested by a substantially affected party, or an informal public
meeting, if requested by any other person. Failure to request a
hearing within 45 days after publication of the notice of the pro-
posed agency action shall constitute a waiver of the right to a
hearing under s. 120.57. The permit review time period shall con-
tinue to be tolled until the completion of such hearing or meeting
and shall resume within 15 days after conclusion of a public hearing
held on the application, or within 45 days after the recommended
order is submitted to the agency and the parties, whichever is later
and shall resume pursuant to the ti p a tlli pvi
ions off 120.60.
(b) Within 60 days after receipt of an application for a hazardous
waste facility permit, the department shall examine the application,
notify the applicant of any apparent errors or omissions and request
any additional information the department is permitted by law to
require. Failure to correct an error or omission or to supply addi-
tional information shall not be grounds for denial of the permit
unless the department timely notified the applicant within the 60-day
period, except that this paragraph shall not prevent the department
from denying an application if it does not possess sufficient informa-
tion to ensure that the facility is in compliance with applicable
statutes and rules.
(c) The department shall approve or deny every hazardous waste
facility permit within 135 days after receipt of the original applica-
tion or after receipt of the requested additional information or correc-
tion of errors or omissions. However, failure of the department to
approve or deny within the 135-day time period shall not result in
the automatic approval or denial of the permit and shall not prevent
the inclusion of specific permit conditions which are necessary to
ensure compliance with applicable statutes and rules. If the depart-
ment fails to approve or deny the permit within the 135-day period,
the applicant may petition for a writ of mandamus to compel the
department to act consistent with applicable regulatory requirements.
Section 25. Section 403.7225, Florida Statutes, is created to
read:
403.7225 Local hazardous waste management assessments.-
(1) The Legislature recognizes that there is a need for estimating
the amount, type, and sources of hazardous waste generated in the
state. There is also a need for facilitating proper storage, transporta-
tion, volume reduction, treatment, resource recovery, and disposal of
these wastes. Proper management of these wastes is imperative in
order to protect the public health, safety, and welfare and the
environment
(2) The Department of Environmental Regulation shall establish
guidelines for local hazardous waste management assessments and
shall specify a standard format The local hazardous waste man-



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agement assessments shall include, but not be limited to, the identi-
fication of the following:
(a) All hazardous waste generators within the county, including
small quantity generators as defined pursuant to federal regulations
under 40 C.F.R. part 261.5.
(b) The types and quantities of hazardous waste generated within
the county.
(c) Current hazardous waste management practices of generators
within the county.
(d) Effective waste management practices for hazardous waste
generators requiring off-site services, including the identification of
types of facilities needed to serve the hazardous waste generators
within the county.
(e) Abandoned dump sites within the county.
(f) Operating procedures at sanitary landfills within the county.
(3) Each regional planning council shall coordinate the local
hazardous waste management assessments for counties within its
region and submit them to the department, according to a depart-
ment prescribed format. Each county shall prepare a local hazardous
waste management assessment based on guidelines established by
the department. The regional planning councils and the counties
shall negotiate each county's proportionate share of the sum appro-
priated to the region for this purpose. In the event that a regional
planning council and a county cannot agree on such share, the
secretary of the department shall settle the dispute. The county's
share shall be determined pursuant to the criteria specified in sec-
tion 27 (2). The counties shall have 30 days once the allocation is
made available to them to decide whether or not they want to perform
their own assessments. If the county declines to perform the local
hazardous waste management assessment or fails to respond within
the 30-day period, the regional planning council shall perform the
assessment.
(4) Each county shall designate areas within the county in which
a hazardous waste storage facility may be located Counties may
jointly designate areas or sites by interlocal agreement. Public hear-
ings shall be held to determine the area locations. Each county shall
amend its comprehensive plan, if necessary, in order to designate
areas for storage facilities. Preference shall be given to appropriate
public lands and industrial areas as designated on local comprehen-
sive plans. However, this section shall not prohibit a county from
amending its comprehensive plan to designate other areas for this
purpose nor prohibit construction of a facility on any other locally or
state approved site.
(5) No county shall amend its comprehensive plan or undertake
rezoning actions in order to prevent areas from being designated for
a hazardous waste storage facility.
(6) Regional planning councils shall"
(a) Assist with county hazardous waste management assessments
and area selection procedures;
(b) Coordinate and assemble local hazardous waste management
assessments, which shall then constitute a regional hazardous waste
management facility needs assessment, and area selections;
(c) Provide any technical expertise needed by the counties in de-
veloping the assessments;
(d) Promote local and regional public information programs for
citizens and generators of hazardous waste;
(e) Review storage facility area selections for the purpose of siting
one or more regional storage facilities; and
(f) Select one or more regional storage facility sites.



(7) The regional storage facility site selection shall not preclude
siting a storage facility at some other site which is locally or state
approved,



(8) Within 6 months after the completion of all local hazardous
waste management assessments within a region, each regional plan-
ning council shall complete a regional hazardous waste manage-
ment facility needs assessment utilizing procedures and guidelines
developed by the department in order to ensure consistent develop-
ment of these planning documents. Further, the regional planning
councils, in preparing regional hazardous waste management facil-
ity needs assessments, shall utilize all data available from county
hazardous waste management assessments. The regional planning
council according to a department prescribed format, shall include
in its regional hazardous waste management facility needs assess-
ment the following:
(a) A summary of the quantities and types of hazardous waste
generated within its jurisdiction.
(b) A summary of current hazardous waste management prac-
tices by generators in its jurisdiction.
(c) A profile of hazardous waste generators in their jurisdiction
by industry, size, and county or city location.
(d) An assessment of the excess demand for off-site, commercial
hazardous waste facilities and services.
(e) An assessment of the short-term and long-term need for haz-
ardous waste management facilities in its jurisdiction.
(f) A plan to eliminate any excess demand for off-site hazardous
waste management facilities or services with the local governments
in their jurisdiction, or with local governments in other jurisdictions
or with other regional planning councils.
(9) The department shall-
(a) Assemble the regional hazardous waste management facility
needs assessments and determine if the needs of hazardous waste
generators will be met by regional hazardous waste storage facilities,
or if additional storage, treatment or disposal facilities are needed in
the state, and which regions have the greatest need, and submit its
determination to the Legislature.
(b) Prepare a progress report on the development of each regional
hazardous waste management facility needs assessment and submit
such report to the Legislature no later than January 1 of the year in
which such plan is due.

(10) The schedule for completion of county hazardous waste man-
agement plans by region is as follows:
(a) For counties within the geographic areas of the Tampa Bay Re-
gional Planning Council the South Florida Regional Planning Coun-
cil, the Northeast Florida Regional Planning Council and the East
Central Florida Regional Planning Council and Volusia County; by
July 1, 1984.

(b) For counties within the geographic areas of the Treasure Coast
Regional Planning Council, the Southwest Florida Regional Plan-
ning Council, the West Florida Regional Planning Council, and the
Central Florida Regional Planning Council; by July 1, 1985.

(c) For counties within the geographic areas of the the Apalachee
Regional Planning Council, the North Central Florida Regional
Planning Council, and the Withlacoochee Regional Planning Coun-
cil and Jefferson County; by July 1, 1986.

(11) Preparation of county hazardous waste management assess-
ments, storage facility area selections, or regional storage facility site
selections shall not prevent siting of storage or treatment facilities in
any area of the state.
(12) Any county which undertakes and completes a hazardous
waste management assessment and storage facility area selection
prior to the scheduled completion dates for counties in the region
shall receive a proportionate share of moneys available, determined
pursuant to subsection (3), at the time it is appropriated for such



purpose.



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84 JOURNAL OF THE HOUSE

(13) Water management districts shall provide technical assist-
ance, relative to water resources, to local and regional agencies dur-
ing the selections of the local storage facility areas and regional
transfer facility sites.
(14) The department and the regional planning councils shall
administer any funds appropriated for the purpose of developing the
local hazardous waste management assessments and storage facility
area or site selections.
(15) Except as provided in this part, no local government law,
ordinance, or rule pertaining to the subject of hazardous waste regu-
lation shall be more stringent than department rules adopted under
authority of this chapter.
Section 26. Section 403.7226, Florida Statutes, is created to
read:
403.7226 Technical assistance by the department.-The Depart-
ment of Environmental Regulation shall:
(1) Provide technical assistance to county governments and re-
gional planning councils to insure consistency in coordinating local
and regional hazardous waste assessments as provided in s. 403.7225.
In order to ensure that each local assessment is properly prepared,
and in order to ensure all information gathered during the assess-
ment is uniformly compiled and documented, each county or re-
gional planning council shall contact the department during the
preparation of the local assessment to receive technical assistance.
Each county and region shall follow guidelines established by the
department in order to properly prepare these assessments.
(2) Identify short-term and long-term hazardous waste facility
and service needs for the state on the basis of the information gath-
ered through the county and regional hazardous waste assessments,
and other information from state and federal regulatory agencies
and sources. The state needs assessment shall be ongoing and up-
dated when new data concerning waste generation and waste man-
agement technologies become available. On June 1, 1984, and on an
annual basis thereafter, a copy of this assessment shall be sent to the
Governor and Cabinet.

Section 27. (1) There is hereby appropriated the sum of $2,110,876
to the Department of Environmental Regulation from the Water
Quality Assurance Trust Fund created in s. 376.60, Florida Stat-
utes, for the purpose of funding local hazardous waste management
assessments, the small quantity generator notification program,
regional hazardous waste facility needs assessments, and storage
area or site selections pursuant to this act as follows:
(a) The sum of $1,428,500 shall be distributed during fiscal year
1983-1984 to the Tampa Bay Regional Planning Council, the South
Florida Regional Planning Council, the Northeast Florida Regional
Planning Council and the East Central Florida Regional Planning
Council and Volusia County, in amounts which are based upon the
population in the geographic areas of such councils.
(b) The sum of $508,810 shall be distributed during fiscal year
1984-1985 to the Treasure Coast Regional Planning Council, the
Southwest Florida Regional Planning Council, the West Florida
Regional Council, and the Central Florida Regional Planning Coun-
cil, in amounts which are based upon the population in the geo-
graphic areas of such councils.
(c) The sum of $173,566 shall be distributed during fiscal year
1985-1986 to the Apalachee Regional Planning Council, the North
Central Florida Regional Planning Council, and the Withlacoochee
Regional Planning Council and Jefferson County, in amounts which
are based upon the population in the geographic areas of such
councils.
(2) In the event that any county chooses to perform the local
hazardous waste management assessment required in s. 403.7225,



Florida Statutes, the county's share of the regional appropriation
shall be based on the following considerations:



E



fr any loc. l dina regulation, plans that prohibit th
siting sf the harzldous wast facility.



(a) The anticipated level of effort and workload associated with (7) (6) The Governor and Cabinet shall grant the A region-pln
completion, relative to the level of effort and workload of other ning council may recommend a variance from any local ordinances,



S OF REPRESENTATIVES June 23, 1983

counties in the region, of the local hazardous waste management
assessments required by s. 403.7225 (2), Florida Statutes.
(b) The anticipated level of effort and workload required to co-
ordinate the local hazardous waste assessments as required by s.
403.7225 (3), Florida Statutes.
(c) The total population in each county jurisdiction.
(d) The total number of manufacturing establishments within
each county jurisdiction.
(3) Each regional planning council may retain up to 15 percent
of such sum to cover administrative costs and expenses incurred
pursuant to s. 403.7225 (6) and (8), Florida Statutes.
Section 28. Section 403.723, Florida Statutes, is amended to
read:
403.723 Siting of hazardous waste facilities.-It is the intent of
the Legislature to facilitate siting of proper hazardous waste storage
facilities in each region and any additional storage, treatment, or
disposal facilities as required. The Legislature recognizes the need
for facilitating disposal of waste produced by small generators, re-
ducing the volume of wastes generated in the state, reducing the
toxicity of wastes generated in the state, and providing treatment
and disposal facilities in the state.
(1) Each county shall complete a hazardous waste management
assessment and designate areas within the county at which a haz-
ardous waste storage facility could be constructed to meet a demon-
strated need
(2) After each county designates areas for storage facilities, each
regional planning council shall designate one or more sites at which
a regional hazardous waste storage or treatment facility could be
constructed.
(3) (+) The department, within 30 days of receipt of a complete
application for a hazardous waste facility construction or modifica-
tion permit, shall notify each unit of local government within 3
miles of the proposed facility that a permit application has been
received and shall publish notice, in a newspaper of general circu-
lation in the area of the proposed facility, that a complete permit
application has been received.
(4) (2) Upon request by a person who has applied for a hazardous
waste facility permit from the department, the local government
having jurisdiction over the proposed site shall, within 90 days of
such request, determine whether or not the proposed site is consis-
tent and in compliance with adopted local government comprehen-
sive plans, local land use ordinances, local zoning ordinances or
regulations, and other local ordinances in effect at the time a haz-
ardous waste facility construction or modification permit applica-
tion is made or is an area or site designated for the purpose of such
facility according to this act.
(5) (0) If the local government determines within 90 days of the
request that construction or modification of the facility does not
comply with such plans, ordinances, or regulations, or area or site
designations pursuant to this act, the person requesting the deter-
mination may request a variance from such plans, ordinances, or
regulations, or designations.
(6) (4) If the variance requested by the applicant is denied by
local government or if there is no determination made by local
government pursuant to subsection (4) (8) within 90 days of the
request, or if there is no action on the variance requested by the
applicant within 90 days of the request for the variance, the person
requesting such determination or variance may petition the Gover-
nor and Cabinet for a variance from the local ordinances, assess-
ments, regulations, or plans, or area and site designations, but-enly
if the applicable 1 gional planning council, by a t of a majity
of the member peaent, has previouly re c ded a vaince












JOURNAL OF THE HOUSE OF REPRESENTATIVES



assessments, area and site designations, regulations, or plans only if
a hazardous waste permit has been issued by the department and if
the Governor and Cabinet find thue regional planni. council finds,
based upon competent substantial evidence that clearly and con-
vincingly establishes, that the facility:

(a) Will not have a significant adverse impact on the environ-
ment, including ground and surface water and-natural resources, of
the region; and:

(b) Will not have a significant adverse impact on the economy of
the region.

(e) Do, s not pa. a a "ifant danger to th public in thi region
due to transportation of hwazrdou wste to or fro th faility.

(d) CoplixAS with adptetd loal and stat e resource recovery and
management prograUmo.

(6)Only if the regionalplanning ounil reaommends a



anc trom locaIl ord
planning council d
requeat for oauh re
reomein delation feo



i, or plans, or i the
Ait-lit wkitt .0 e



mafy te person req



regionall

4"ev- th



A aianfrom thae loal orIdinane,, reulation, o planinquti.

(8) R() The Governor and Cabinet shall also consider the record
of the proceeding before the local government, the-following when
determining whether to grant a petition for a variance from local
ordinances, regulations, or plans.-



(a) The re ord of th
couneil.



aproeeding b1foa the regional t lanning



reports, and
it of the ..-a
014. of a4mwnr



mnay
tt~lq. a



tae
-L



abl locations for t1
Attae, and the e ono
diapoad of, to red, a
alternative existing



-^te-f
Ll, 1,
iispos



andLed at the
acilit ftsefi^



ieaardou wa facility elsewhere in tis
,mie of tr sporting th#LL haurdous water to be
r treateat thdad o ating facility to
facilitie, i o. ut of this state.



ofepeti
1 eLt^
,'L n'-h- fi



department o Voete:



fere with the a-c-.hi. .t .of t
Z -3 -,- L -1,-A- -. --- I -l -



adopted state or loeal
within ito jurisdiction
varianc; from local o:
per *t ha. bhee L be
_[ L L A A .L L,1 .
there "is ft cle- :-ft.-i,



goals atnd objectives of. ay
e la.n and an v other m tter



t. The Governor atnd nd Cabet may grant a
rdinancas, regulations, or plans only if the
d by th' department and if tha-.y find that
!Oltvi~iftitl*iteed for thei ffteiit.v A pleeny mt4



abolished if the proposed method
-- J-T^ 1- ... J. .1 ...-.. t^


LAL C L M/JLIC ) J.L ttI Umpti-CAL 171 UfXC liLtrMC;LL AJL&J .J VCCl2;.;1V% lW LJ
L the propok df faalndty i the most feasible method and if it
bable that the proposed or existing facility will be more
ous economically to generators of h. .d..o waste at the



(a) Detail the legal responsibilities of the small quantity gener-
ator with regard to proper waste management practices, including
penalties for noncompliance.

(b) Include a list of hazardous waste management alternatives
which are available to the small quantity generator.

(2) Within 30 days of receipt of the letter, each small quantity
generator identified in the county assessment shall disclose to the
county government the types and quantity of waste, as well as the
small quantity generator's management practices. Annually, each
county shall verify the management practices of at least 20 percent
of the small quantity generators. The procedure for verification used
by the county shall be developed by rule by the department within
6 months of the effective date of this act. The Department of Envi-
ronmental Regulation may also verify small quantity generators'
management practices in order to ensure proper management of
hazardous waste.

(3) Any small quantity generator who does not comply with the
requirements of subsection (2) and has received two subsequent
certified letters from the county shall be subject to a fine of between
$25 and $100 per day for a maximum of 100 days.

Section 30. Local government information sent to the depart-
ment.-A summary of information gathered during each county's
hazardous waste assessment and from the small quantity generator
notification program shall be sent to the Department of Envoronmental
Regulation within 30 days of completion.

Section 31. Subsection (18) of section 403.703, Florida Statutes,
is amended to read:

403.703 Definitions.-As used in this act:

(18) "Closure" means the cessation of operation of a resource
recovery and management facility, and the act of securing such a
facility so that it will pose no significant threat to human health or
the environment.

Section 32. Subsection (16) of section 403.704, Florida Statutes,
is amended to read:

403.704 Powers and duties of the department.-The department
shall have responsibility for the implementation and enforcement
of the provisions of this act. In addition to other powers and duties,
the department shall:

(16) Adopt, repeal, or amend rules to implement, administer,
and enforce this act Whenever the department adopts any rule stricter
or more stringent than one which has been set by the United States
Environmental Protection Agency, the procedures set forth in s.
403.804 (2) shall be followed pro.v"idd, no d....eptmet rule hall bo



more stringent than federal! re



6. However.



i, .pursu.at to a finding .f com.p.l.
Ltricater tlandad than tha fadaral;
str--"e .... t tfla.] d thfm the 1.... der.t.. t



tal Proteetio
cnfntv and IVAW



i eaVL. La CZ,

pursuant to t]



ttpona f d -"A. by th34eF.a



nntaT Re



nrzPa, tL.giaLauvi uL"
__ _Ld, may adopt by



-I



Sthaty



e



(9) () R-i 1nal planig ounils and The Governor and Cabi-
net may adopt rules of procedure that govern these proceedings.

Section 29. Small quantity generator notification program.-

(1) Each county specified in s. 403.7225 (10) (a), (b), and (c) shall
send a certified letter to each small quantity generator, as defined
pursuant to federal regulations in 40 C.F.R. part 261.5, on the
January 1 preceding the date specified in said paragraphs for com-
pletion of its hazardous waste assessment. In addition, within 14
days after a county completes its hazardous waste assessment, the
county shall send such certified letters to each small quantity gen-
erator not notified on the preceding January 1. Thereafter each
county shall annually send such letters on July 1. The letter shall:



.til C oiummiionin may adopt a rul relating ouh hazardous
waste. -In either case, the Governor and Cabiet shll review the
rule and shal accept, eject, or modify the rule, r remand the rule
for further proedig, within 60 d&y from its submissialon. In
either case, such rles shall not he effective until final actiuo by the
Governor and Cabinet. The department shall not, however, adopt
hazardous waste rules for solid waste for which special studies are
required under the Resource Conservation and Recovery Act, as
amended, until the studies are completed by the United States
Environmental Protection Agency and the information is available
to the department for consideration in adopting its own rule.

Section 33. Subsections (1) and (2) of section 403.707, Florida
Statutes, 1982 Supplement, are amended, and subsection (5) is added
to said section, to read:



em
Of-



-I



1



.a



T



en



- ftild



ta



i.,, -- ^ p, -,,, n-J



e-
k^I-



ssmn



t-



the hnazardoe
wese en



-inrk+



a-.. the wmil



abiltet ma:5



S



. mid ilftfi~urmfttit- ft ftR the Govermw ft tfi



t&--



ee,V.Gtwor fte ivt



iqttpstfftrA to



"is" ---
IS.. 91



-the -ueso.
94 689t. fts



Ua......... ieft I lll I I



! "eed~f~



a



M1



--*48&



b*4vww



rule a^



1



ov



r-. .



il



ClU1t
o.......
,.zz,.e



Srietiet tov



I .. .. .
bion.



-i



mmental ReL*



85



o. of hzardous
Svosihcb.e stt-



June 23, 1983










JOURNAL OF THE HOUSE OF REPRESENTATIVES



403.707 Permits.-
(1) After January 1, 1975, no resource recovery and manage-
ment facility or site shall be operated, maintained, constructed,
expanded, or modified, or closed without an appropriate and cur-
rently valid permit issued by the department.
(2) Except as provided in s. 403.722 (6), no permit under this
section shall be required for the following activities, provided no
public nuisance or any condition adversely affecting the environ-
ment or public health is created, and provided the activity does not
violate other state or local laws, ordinances, rules, regulations, or
orders:
(a) Disposal by persons of solid waste resulting from their own
activities on their own property. However, the department may by
rule require any such person to file a written notification to the
department of the type of solid waste being disposed of, the location
of disposal and methods of solid waste management being performed
(b) Normal farming operations.



403.727 Violations; defenses, penalties, and remedies.-
(3) Violations of the provisions of this act shall be punishable as
follows:
(a) Any person who violates the provisions of this act, the rules
or orders of the department, or the conditions of a permit shall be
liable to the state for any damages specified in s. 403.141 and for a
civil penalty of not more than $50,000 $2,0909 for each day of
continued violation, except as otherwise provided herein. The de-
partment may revoke any permit issued to the violator. In any
action by the department against a small hazardous waste generator
for the improper disposal of hazardous wastes, a rebuttable pre-
sumption of improper disposal shall be created if the generator was
notified pursuant to section 24 of this act and the generator shall
then have the burden of proving that the disposal was proper. If the
generator was not so notified, the burden of proving improper dis-
posal shall be placed upon the department
(b) Any person who knowingly:



) Sd w e d l a s l s t t d o 1. Transports any hazardous waste listed pursuant to this act to
(c) Solid waste disposal areas limited solely to the disposal of a facility which does not have a permit under s. 403.722;
construction and demolition debris.



(5) The department shall not issue a construction permit pursu-
ant to this part for a new sanitary landfill within 3,000 feet of Class I
surface waters.
Section 34. Section 403.7261, Florida Statutes, is created to
read:
403.7261 Amnesty Days.-Amnesty Days are authorized by the
state for the purpose of purging small quantities of hazardous waste,
free of charge, from the possession of homeowners, farmers, schools,
state agencies and small businesses. These entities have no appro-
priate economically feasible mechanism for disposing of their haz-
ardous waste at the present time. In order to raise public awareness
on this issue, provide an education process, accommodate those enti-
ties who have a need to dispose of small quantities of hazardous
waste, and preserve the waters of the state, Amnesty Days shall be
carried out in the following manner:
(1) The Department of Environmental Regulation shall administer
and supervise Amnesty Days, and shall contract with a department
approved, bonded, waste handling company for implementation. The
waste collected from the entities named in this section shall be trans-
ported out of the state for proper disposal at a federally approved
facility.
(2) The department shall establish maximum amounts of haz-
ardous waste to be accepted from any one entity during Amnesty
Days. Amnesty Days shall continue, at no cost to participants, until
funds appropriated by the Legislature for this purpose have been
exhausted.
(3) The state shall have 6 Amnesty Days. The schedule for these
Amnesty Days shall be as follows:
(a) In counties specified in s. 403.7225 (10) (a), Amnesty Days
shall be held between May 1, 1984 and June 30, 1984, and between
November 1, 1984 and December 31, 1984.
(b) In counties specified in s. 403.7225 (10) (b), Amnesty Days
shall be held between May 1, 1985 and June 30, 1985, and between
November 1, 1985 and December 31, 1985.
(c) In counties specified in s. 403.7225 (10 (c), Amnesty Days shall
be held between May 1, 1986 and June 30, 1986, and between
November 1, 1986 and December 31, 1986.
(4) Amnesty Days shall be funded on a continuing basis as needed
from the Water Quality Assurance Trust Fund The department
shall be authorized to use up to 5 percent of the funds appropriated
for Amnesty Days for administrative costs and up to 5 percent of
such funds for public education related to Amnesty Days.
Section 35. Subsection (3) of section 403.727, Florida Statutes,
1982 Supplement, is amended, subsection (4) is renumbered and
amended, and a new subsection (4) and subsections (6) and (7) are
added to said section, to read:



2. Disposes of, treats, or stores hazardous waste at any place but
a hazardous waste facility which has a current and valid permit
pursuant to s. 403.722; or
3. Makes any false statement or representation in any hazard-
ous waste application, label, manifest, record, report, permit, or
other document required by this act
shall, upon conviction, be guilty of a felony of the third degree,
punishable for the first such conviction by a fine of not more than
$50,000 for each day of violation or imprisonment not to exceed 5
years, or both, and for any subsequent conviction by a fine of not
more than $100,000 per day of violation or imprisonment of not more
than 10 years, or both upon the first conviction, be subject to a fine
of not more than $25,000 for each day of vi l tion or t msn-
"ment not to exeed .1 yea, or both, and, upon any .ubsaqucnt
conviction, hall o be sjet to a fine of n ot more than $50,000 per
day of violation or to impridonment for not more than 2 years,
both.

(4) In addition to any other liability under this chapter, and
subject only to the defenses set forth in subsections (5), (6), and (7):

(a) The owner and operator of a facility,

(b) Any person who at the time of disposal of any hazardous
substance owned or operated any facility at which such hazardous
substances were disposed of,

(c) Any person who, by contract agreement, or otherwise, arranged
for disposal or treatment, or arranged with a transporter for trans-
port for disposal or treatment, of hazardous substances owned or
possessed by such person or by any other party or entity, at any
facility owned or operated by another party or entity and containing
such hazardous substances, and
(d) Any person who accepts or accepted any hazardous substances
for transport to disposal or treatment facilities or sites selected by
such person,
shall be liable for all costs of removal or remedial action incurred by
the department under this section and damages for injury to, de-
struction of, or loss of natural resources, including the reasonable
costs of assessing such injury, destruction, or loss resulting from the
release or threatened release of a hazardous substance as defined in
the Comprehensive Environmental Response Compensation and Li-
ability Act of 1980, Pub. L No. 95-510.
(5) (4) The following defenses shall be available to a person al-
leged to be in violation of this act, who shall plead and prove that
the alleged violation was solely the result of any of the following or
combination of the following:
(a) An act of war.



86



June 23, 1983










JOURNAL OF THE HOUSI



(b) An act of government, either state, federal, or local, unless
the person claiming the defense is a governmental body, in which
case this defense is available only by acts of other governmental
bodies.
(c) An act of God, which means only an unforeseeable act exclu-
sively occasioned by the violence of nature without the interference
of any human agency.
(d) An act or omission of a third party other than an employee or
agent of the defendant or other than one whose act or omission
occurs in connection with a contractual relationship existing, di-
rectly or indirectly, with the defendant, except when the sole con-
tractual arrangement arises from a published tariff and acceptance
for carriage by a common carrier by rail, if the defendant estab-
lishes by a preponderance of the evidence that:
1. The defendant exercised due care with respect to the hazard-
ous waste concerned, taking into consideration the characteristics
of such hazardous waste, in light of all relevant facts and circum-
stances; and
2. The defendant took precautions against foreseeable acts or
omissions of any such third party and against the consequences
that could foreseeably result from such acts or omissions.
(6) A generator or transporter of hazardous wastes who has com-
plied with this act and with the applicable rules promulgated under
this act, and who has contracted for the disposal of hazardous wastes
with a licensed hazardous waste disposal or processing facility is
relieved from liability for those wastes upon receipt of a certificate of
disposal from the disposal or processing facility.
(7) A generator of hazardous waste who has complied with this
act and with the applicable rules under this act, and who has con-
tracted for the transportation of hazardous waste to a licensed haz-
ardous waste facility is relieved of liability to the extent that such
liability is covered by the transporter's insurance or bond obtained
pursuant to this act.
Section 36. Section 501.082, Florida Statutes, is created to read:
501.082 Management of hazardous substances by governmental
agencies.-
(1) All local, state and other governmental agencies and institu-
tions of the State University System that utilize hazardous substances
or that generate hazardous waste shall:
(a) Notify the Department of Environmental Regulation of the
types and annual quantities of each hazardous material, substance
or waste that is used or generated.
(b) Notify the department of the management practice used for
their materials or wastes, including transportation, storage, treat-
ment and disposal.
(2) Each such agency shall develop written plans for the man-
agement of hazardous materials, substances or wastes in conjunc-
tion with guidelines developed by the department.
(3) Each such agency shall develop plans for spill prevention
control and countermeasures for hazardous materials incidents.
Section 37. Siting of a multipurpose hazardous waste facility
by the state.-
(1) The Legislature recognizes the need for a multipurpose facil-
ity in the state in order to properly manage Florida's hazardous
waste. For the purposes of this section, a "multipurpose hazardous
waste facility" means a hazardous waste management facility which
stores or treats hazardous waste. Therefore, the following proce-
dure shall be used to provide a coordinated effort to site this facility
in order to protect the public health, safety, and welfare.
(2) Within 12 months after the effective date of this act, the



Department of Environmental Regulation shall develop and adopt,
pursuant to the provisions of chapter 120, Florida Statutes, criteria
for the siting of a multipurpose hazardous waste facility in the



June 23, 1983



(1) For the purpose of this section:
(a) "Spill" shall include the accidental spilling, leaking, pump-
ing, pouring, emitting, or dumping of hazardous wastes or materi-



OF REPRESENTATIVES 87

state. Such criteria shall be designed to prevent any significant
adverse transportation, land use, and economic impacts resulting
from the location or operation of this hazardous waste facility and
shall be based on the identified needs in the state. The department
shall also develop a list of potential state hazardous waste facility
sites. The department shall seek information from interested per-
sons, including the waste management industry, in order to prop-
erly develop and adopt the criteria.
(3) Upon development of siting criteria and a site list by the
department as described in subsection (2), such criteria shall be
sent to known qualified hazardous waste facility owners or opera-
tors in the nation with an inquiry relative to their interest in
operating a multipurpose facility in the state. Those interested
parties shall be requested to participate by selecting sites on which
they would propose to locate and operate a facility in the state,
and submitting those sites to the department for consideration.
(4) As expeditiously as possible, the Environmental Regulation
Commission shall adopt, pursuant to the provisions of chapter 120,
Florida Statutes, a site designation for a multipurpose hazardous
waste facility in accordance with the siting criteria developed pur-
suant to subsections (2) and (3). Preference shall be given by the
commission to publicly owned land which meets the criteria estab-
lished pursuant to subsections (2) and (3).
(5) It is the intent of the Legislature that contracts for the
necessary construction and operation of the hazardous waste facil-
ity shall be entered into expeditiously.
(6) The commission shall select a contractor to build and operate
the facility. Within 6 months of this selection, such contractor shall
file an application with the department pursuant to s. 403.722,
Florida Statutes. If the contractor is denied a permit by the de-
partment, the commission, by a majority vote of the quorum pres-
ent shall select another contractor within 30 days of the denial.
This process shall continue until a contractor is granted a permit by
the department for the construction and operation of a multipur-
pose hazardous waste facility.
(7) If a contractor is granted a permit for the construction and
operation of a multipurpose hazardous waste facility, such con-
ractor may begin construction immediately.
(8) In order to pay the cost for the construction of a multipur-
pose hazardous waste facility, state bonds may be issued pursuant
to s. 403.1834, Florida Statutes.
Section 38. Prohibition of hazardous waste landfills.-
(1) As used in this section, "hazardous waste landfill" means a
disposal facility or part of a facility at which hazardous waste is
placed in or on land, including an injection well, and which is not a
land treatment facility.
(2) The Legislature declares that, due to the permeability of the
soil and highwater table in Florida, future hazardous waste land-
fills shall be prohibited. Therefore, the Department of Environmen-
tal Regulation shall not issue a permit pursuant to s. 403.722,
Florida Statutes, for a newly constructed hazardous waste landfill.
However, if by executive order the Governor declares a hazardous
waste management emergency, the department may issue a permit
for a temporary hazardous waste landfill. Any such landfill shall be
used only until such time as an appropriate alternative disposal
method can be derived and implemented. In no event shall such a
permit be issued for a period exceeding 6 months without a further
declaration from the Governor.
Section 39. Section 768.1315, Florida Statutes, is created to
read:
768.1315 Hazardous spills; Good Samaritan; immunity from
liability.-










JOURNAL OF THE HOUSE OF REPRESENTATIVES



als, which creates an emergency hazardous situation or is expected to
create an emergency hazardous situation.
(b) "Hazardous materials" shall include all materials and sub-
stances which are now designated or defined as hazardous by Flor-
ida or federal law or by the rules or regulations of Florida or any
Federal Government agency.
(c) "Emergency hazardous situation" exists whenever there is an
imminent and substantial threat to public health and safety.
(2) Notwithstanding any provision of the law to the contrary, no
person who provides good faith assistance or advice in immediately
containing or treating or attempting to contain, treat, or prevent an
actual or threatened spill shall be subject to civil liabilities or penal-
ties of any type. Except for the immediate response to the spill or
threatened spill, all activities to prevent, contain, cleanup, and dis-
pose of or to attempt to prevent, contain, clean up, and dispose of, the
hazardous materials shall be in accordance with applicable state
and federal law.
(3) The immunities provided in subsection (2) shall not apply to
any person:
(a) Whose act or omission causes in whole or in part such actual
or threatened discharge and who would otherwise be liable therefore;
or
(b) Who receives compensation other than reimbursement for out-
of-pocket expenses for services in rendering such assistance or ad-
vice; or
(c) Who fails to act as an ordinary reasonably prudent person
would have acted under the same or similar circumstances; or
(d) Who fails to comply with the lawful instruction of an on-
scene, governmentally supervised, operational emergency response
team whose duty is to prevent, contain or clean up the spilL
(4) Nothing in subsection (2) shall be construed to limit or oth-
erwise affect the liability of.
(a) Any person for damages resulting from such person's gross
negligence, or from such person's reckless, wanton, or intentional
misconduct; or
(b) Any person for the improper management of the hazardous
waste or material after the emergency spill response activities are
completed.
Section 40. Section 403.729, Florida Statutes, as created by chap-
ter 80-302, Laws of Florida, is hereby repealed.
Section 41. Subsection (22) is added to section 215.22, Florida
Statutes, to read:
215.22 Certain moneys and certain trust funds enumerated.-The
following described moneys and trust funds, by whatever name
designated, shall be those from which the deductions authorized by
s. 215.20 shall be made:
(22) All revenues deposited in the Water Quality Assurance Trust
Fund created pursuant to s. 376.60.
The enumeration of the above moneys or trust funds shall not
prohibit the applicability thereto of s. 215.24 should the Governor
determine that for the reasons mentioned in s. 215.24 said money
or trust fund should be exempt herefrom, as it is the purpose of this
law to exempt all trust funds from its force and effect where, by the
operation of this law, federal matching funds or contributions to
any trust fund would be lost to the state.

PART VII
EMERGENCY RESPONSE PROGRAM
Section 42. Section 403.1655, Florida Statutes, is created to
read:



403.1655 Environmental Short-Term Emergency Response
Program.-



(1) It is the purpose of this section to provide a mechanism through
which the State of Florida could immediately respond to short-term
emergencies involving a threat to or an actual contamination of
surface and groundwater. It is the intent of the Legislature that the
department provide not only technical assistance when responding to
these short-term emergencies, but also financial resources to respond to
emergencies which pose an immediate environmental or public health
threat.
(2) The department shall be the lead agency for interdepartmen-
tal coordination relating to water pollution, toxic substances and
hazardous waste, and other environmental and health emergencies
not specifically designated within other statutes.
(3) The Water Quality Assurance Trust Fund shall be utilized to
enable the department to respond on an emergency basis to incidents
which threaten the environment or public health when otherwise
responsible parties do not adequately respond. The department shall
adopt rules for the purposes of this section.

PART VIII
ONSITE SEWAGE DISPOSAL
Section 43. Section 381.272, Florida Statutes, 1982 Supplement,
is amended to read:
(Substantial rewording of section. See s. 381.272, F.S., 1982 Supp.,
for present text.)
381.272 Onsite sewage disposal systems; installations; conditions.-
(1) The Legislature declares that it is the policy of this state to
require that all onsite sewage disposal systems, except approved
onsite graywater systems, developed under the provisions of this
act connect to a publicly owned or investor-owned sewerage system
within 365 days after notification that such a system is available.
Where a publicly owned or investor-owned sewerage system is not
available, the Department of Health and Rehabilitative Services
may issue permits for the construction or installation of onsite
sewage disposal systems under conditions as described in this sec-
tion. Provision shall be made, such as the inclusion of sewer utility
easements and rights-of-way in a subdivision, to assure the even-
tual construction and utilization of a sewerage system in said sub-
division. The developer of any lot that is developed under the pro-
visions of this section shall provide advance notice of this requirement
to the purchaser of such lot.
(2) Subdivisions and lots where each lot has a minimum area of
at least one-half acre and either a minimum dimension of 100 feet
or a mean of at least 100 feet of the side bordering the street and
the distance formed by a line parallel to the side bordering the
street drawn between the two most distant points of the remainder
of the lot may be developed with a private potable well and onsite
sewage disposal system, provided the projected daily domestic sew-
age flow does not exceed an average of 1,500 gallons per acre per
day, and provided satisfactory drinking water can be obtained and
all distance and setback, soil condition, water table elevation, and
other related requirements of this section and rules promulgated
hereunder can be met.
(3) Subdivisions and lots with a public water system may utilize
onsite sewage disposal systems, provided there are no more than
four lots per acre, provided the projected daily domestic sewage flow
does not exceed an average of 2,500 gallons per acre per day, and
provided that all distance and setback, soil condition, water table
elevation, and other related requirements which are generally ap-
plicable to the use of onsite sewage disposal systems are met.
(4) Notwithstanding the provisions of subsections (2) and (3),
where a developer or other appropriate entity has previously made
or makes provisions, including financial assurances or other com-
mitments, acceptable to the Department of Health and Rehabilita-
tive Services, that a central water system will be installed by a
regulated public utility based on a density formula, then private



potable wells may be used on a temporary basis with onsite sewage
disposal systems until the agreed upon densities are reached. In



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subdivisions regulated by this subsection, the average daily domes-
tic sewage flow shall not exceed 2,500 gallons per acre per day. This
section shall not affect the validity of existing prior agreements.
(5) Subsections (2) and (3) shall not apply to areas where a
municipally owned or investor-owned public sewerage system is
available contiguous to the proposed subdivision or within one-fourth
mile thereof with public right-of-way accessibility.
(6) Onsite sewage disposal systems shall be placed no closer
than the minimum distances indicated for the following:
(a) Seventy-five feet from a private potable well.
(b) Two hundred feet from a public potable well.
(c) Seventy-five feet from surface waters.
(7) All provisions of this section and rules promulgated hereun-
der relating to soil condition, water table elevation, distance, and
other setback requirements shall be equally applied to all lots
regardless of the date of platting. However, lots platted prior to
1972 shall be subject to a 50 foot minimum surface water setback
and shall not be subject to lot size requirements. The projected daily
flow for domestic on site sewage disposal systems for lots platted
before 1972 shall not exceed:
(a) 2,500 gallons per acre per day for lots served by public water
systems.
(b) 1,500 gallons per acre per day for lots served by private
wells.
(8) The Department of Health and Rehabilitative Services may
grant variances in hardship cases which may be less restrictive
than the provisions specified in this section. No variance shall be
granted pursuant to this section until the Department of Health
and Rehabilitative Services is satisfied that:
(a) The hardship was not caused intentionally by the action of
the applicant;
(b) No reasonable alternative exists for the treatment of the
sewage; and
(c) Discharge from the individual sewage disposal system will
not adversely affect the health of the applicant or other members of
the public or significantly degrade the ground or surface waters.
Where soil conditions, water table elevation, and setback provi-
sions are determined by the department to be satisfactory, special
consideration shall be given to those lots platted prior to 1972. The
department shall appoint an advisory review variance board which
shall meet monthly to recommend agency action on variance re-
quests. The board shall be comprised of the following:
1. A representative from the Department of Health and Reha-
bilitative Services' Health Program Office.
2. A representative from the county health units.
3. A representative from the home building industry.
4. A representative from the septic tank industry.
5. A representative from the Department of Environmental
Regulation.
Review group members shall be appointed for a period of 3 years
with such appointments being staggered so that no more than two
members' terms expire on any one year.
(9) Organic chemical solvents shall not be advertised, sold, or
used in the state for the purpose of degreasing or declogging onsite
sewage disposal systems.
(10) No permit shall be issued for an onsite sewage disposal
system in areas zoned for industrial or manufacturing use, or its
equivalent, where possible use is to dispose of toxic or hazardous



chemicals. Where business enterprises currently use onsite sewage
disposal systems to dispose of toxic or hazardous chemicals, alter-



native disposal systems shall be used within 3 years of the enact-
ment of this act.
(11) (a) As used in this subsection:
1. "Blackwater" means all residential waste carried off by toi-
let and kitchen drains and sewers.
2. "Graywater" means all residential waste not described in
subparagraph 1. and includes bath, lavatory, sink (but not kitchen
sink), and laundry wastes.
3. "Individual graywater disposal system" means a system of
piping, a tank or treatment device, and a subsurface absorption bed
or drainfield for handling and treating graywater where blackwa-
ter is treated by a central sewerage system.
(b) The Department of Health and Rehabilitative Services is
authorized to approve on a limited and experimental basis the
installation of individual graywater disposal systems.
(c) The general requirements of chapter 10D-6, Florida Admin-
istrative Code, governing the installation of individual sewage dis-
posal facilities, shall apply for installation of individual graywater
disposal systems except for the following:
1. The required septic tank or interceptor shall not be less than
250 gallons in capacity.
2. The required drainfield or absorption bed shall not be less
than 100 square feet in area.
(12) With respect to the installation of experimental onsite sew-
age disposal systems, the department is authorized to issue a tem-
porary permit, provided the permitholder maintains such monitor-
ing equipment and makes and files such records and reports as the
department deems necessary to evaluate the effect of such systems
on public health and receiving waters. The department may issue
permanent permits when it is satisfied the systems do not pose a
health hazard.
(13) For those parts of any Florida county in which more than
60 percent of the surface and subsurface soils consist of Key Largo
limestone and to those islands in the state in which more than 60
percent of the surface and subsurface soils consist of Miami lime-
stone, the department shall promulgate a special rule authorizing
the installation of onsite sewage treatment systems which take into
consideration these unique soil conditions and which consider water
table elevations, densities and setback requirements. Until such
time as a rule to address the provisions of this subsection is prom-
ulgated by the department, all department rules regarding septic
tanks as they now exist shall apply to the areas described herein.
Section 44. Section 381.273, Florida Statutes, is created to read:
381.273 Fees.-The Department of Health and Rehabilitative Ser-
vices is authorized to collect fees for services provided under this
part. Notwithstanding the provisions of s. 154.06, it is the intent of
the Legislature that total fees assessed under this part shall be in an
amount sufficient to meet the cost of carrying out the provisions of
this part.
(1) The fee schedule for fiscal year 1983-1984 shall be the following
minimum fees provided in this section and such schedule shall
remain in effect until the effective date of a fee schedule promulgated
by rule by the Department of Health and Rehabilitative Services:
(a) Permitting, including plan reviews, issuance of permits, and
final inspection of new system-a fee of not less than $30, nor more
than $50.
(b) Site evaluation-a fee of not less than $20, nor more than $40.
(c) Research-an additional $3 fee shall be added to each permit
issued during fiscal years 1983-1988 to be used for septic tank
research to determine whether high density installation of systems,
installation of systems under certain soil and water table conditions,



and current methods of system installation are polluting Florida's
ground water. The research shall be supervised by the department.



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The funds collected pursuant to paragraphs (a), (b), and (c) shall be
deposited in a trust fund administered by the Department of Health
and Rehabilitative Services to be used for the purposes stated herein.
(2) Until January 1, 1991, an additional $7 fee for each permit
issued on or after the effective date of this act to be used to fund the
accelerated soil survey program for the state.
Section 45. The additional permit fee collected pursuant to s.
381.273 (2), Florida Statutes, shall be paid quarterly to the De-
partment of Professional Regulation to be deposited in the Profes-
sional Regulation Trust Fund to the credit of the Construction
Industry Licensing Board to reimburse such board quarterly for the
moneys appropriated from the Professional Regulation Trust Fund
to the Department of Agriculture and Consumer Services pursuant
to the 1983 General Appropriations Act.
Section 46. Sections 43, 44, and 45 of this act are repealed on
October 1, 1993, and shall be reviewed by the Legislature pursuant
to s. 11.61, Florida Statutes.

PART IX
SEWAGE TREATMENT
Section 47. Section 403.1821, Florida Statutes, is amended to
read:
403.1821 Water pollution control and sewage treatment.-Sections
403.1821-403.1832 4081888 shall be known and cited as the "Flor-
ida Water Pollution Control and Sewage Treatment Plant Grant
Act of 199."
Section 48. Section 403.1822, Florida Statutes, is amended to
read:
403.1822 Definitions for ss. 403.1821403.1832 4981888.-As
used in ss. 403.1821-403.1832 408.1888:
(1) "Local governmental agencies" refers to any municipality,
county, district, or authority, or any agency thereof, or a combina-
tion of two or more of the foregoing, acting jointly in connection
with a an--eligible project, having jurisdiction over collection, trans-
mission, treatment or disposal of sewage, industrial wastes, or other
wastes.
(2) "Department" refers to the Department of Environmental
Regulation.
(3) "Grants," "grant," "state grants," or "state grant" refer to
disbursements from the State Water Pollution Control Trust Fund
pursuant to s. 403.1825.
(4) "Project" means all or part of a sewage treatment or disposal
facility, or other cost-effective alternative, and may include the con-
struction or reconstruction of existing sewage collection or transmis-
sion lines.
Section 49. Section 403.1823, Florida Statutes, is amended to
read:
403.1823 Department of Environmental Regulation to adminis-
ter; develop rules and regulations.-The department shall:
(1) Promulgate rules and regulations to carry out the purposes
of ss. 403.1821403.1832 408.1888.
(2) Administer and control all funds appropriated to or received
by the department for the purposes of ss. 403.1821403.1832 403.981838.
Section 50. Section 403.1824, Florida Statutes, is amended to
read:
403.1824 Establish fund.-A trust fund to be known as the State
Water Pollution Control Trust Fund is established in the State
Treasury to be used for state grants to local governmental agencies
for the construction or reconstruction of sewage collection, trans-
mission, treatment or disposal facilities or cost-effective alterna-



tives. All funds received by the department to carry out the pur-



poses of ss. 403.1821403.1832 984.188. shall be deposited in this
fund; provided, however, that at least 45 percent of the funds received
by the department and deposited in this fund shall be transferred to
the Small Community Sewer Construction Assistance Trust Fund.
The department may expend up to 2 percent of the State Water
Pollution Control Trust Fund to cover the costs of reviewing and
acting upon grant applications by a local governmental agency and
the cost of surveillance and other field services associated with the
application.

Section 51. Section 403.1826, Florida Statutes, is amended to
read:
403.1826 Grants, requirements for eligibility.-
(1) Grants shall be made under ss. 403.1821403.1832 408.1886
only for projects eligible for fecerfl rnts uler Public Law 84 660,
as ended, or oth appliable federal law. as provided in rules of
the department. Only those projects to be constructed after the effec-
tive date of this act shall be eligible for a grant pursuant to this act.
(2) No grant shall be made for any project sewage treatment
facility unless such project facility and the plans and specifications
therefore are approved by the department, and such facility i con-
structed in accordance with a time schedule of the department, and
subject to such requirements as the department shall impose. The
costs for advanced waste treatment facilities, or portions thereof,
required for discharge to surface waters or groundwater protection
or protection of public health shall be eligible for funding. If the
depatm nt requires that the facility be approved by the Federal
Water Quality A diniatio uch gant shall be conditioned
'o the lo.. al gove...m.ta agency complying -ith all of the re-
quirements of said wat % pollution6contoleadministation.
(3) No grant shall be made until the local governmental agency
has available to it agreed to provide that part of the total cost of the
project facility which is in excess of the applicable grant state- nd

(4) The department shall require local governmental funds in the
amount of 45 percent of eligible project costs as determined by rules
of the department. The department is authorized to established a
maximum amount for a grant pursuant to this act. The a-nt to eh
"lcal govcrnmental agocy shall not exceed 25 percent of that poA-
tion of the project cost that is eligible fr a fedcIeal rant.
(5) Grants made under ss. 403.1821403.1832 408.1888 shall be
paid to the local governmental agency as provided by department
rule in partial payments similar to the time. hedle that such
payments a. r provided to the l eal go ernment l agency by the
Federal Water Qulty AdmFinitraio.
(6) No grant shall be made unless the local governmental agency
assures the department of the proper and efficient operation and
maintenance of the project sewage treatment facility after construc-
tion. Revenue sufficient to ensure that the facility will be self-supporting
shall be generated from sources, including, but not limited to, service
charges and connection fees and shall reflect the amortized capital
investment in existing facilities as well as the cost of the facility for
which the grant is sought.
(7) No grant shall be made unless the local governmental agency
has filed properly executed forms and applications prescribed by
the department.
(8) Any local government agency receiving assistance under ss.
403.1821403.1832 4031888 shall keep such records as the depart-
ment shall prescribe, including records which fully disclose the
amount and disposition by the recipient of the proceeds of such
assistance, the total cost of the project or undertaking in connection
with such assistance given or used, the amount of that portion of
the cost of the project or undertaking supplied by other sources, and
such other records as will facilitate an effective audit. The depart-
ment and the Auditor General or any of their duly authorized
representatives shall have access, for the purpose of audit and



examination, to any books, documents, papers, and records of the



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JOURNAL OF THE HOUSI



recipient that are pertinent to grants received under ss. 403.1821-
403.1832 490.1888.
(9) Any project satisfactorily planned and designed in accord-
ance with the United States Environmental Protection Agency re-
quirements shall be eligible for funding under this act. Effective
July 1, 1971, a grant shall not be made u.til the loal govrnmon
tal agency's governing body has adopted and submitted to the deo
patent a compih i long,.ange plan for the control of water
pollution in the area within "t j-ridition, hereinafter referred to
"as the official plan. If more than on.. lal g.over ental agency ha
authority to Jprovide osr.ice foe o;sewage treatment in the ame area,
the required plan may be submitted jointly by the local government"
tal agncies ccerned ex by one local governmental agency w-ith
tho oncurence of the others. The off ical plan shall:
(a) Povide fo, a timely conLstruction of sewage treatment facili
ties whi.h will pe aMJt th e dichaLx oJ u,ntreted or sinaoquat-ly
treated sewage or o there waters as defined by this chapt into th

(b) Provide for adequate pRai, ning, pulati p tions,
and engin boring and ecominic studies to delineate with all practi
cable preision those potions of the area hich public eeage
Systems may reawsonbly be epeted to serve within 10 yeeas sand
within 201. years, and t in which th pro io of such
sevcs is not reasonably foreseeable.
(e) Be in compliance1 e with the tato pollution control plan r-
auired by tPublic Law 84 -1660 afs amended, or other a1pplicahile fod1

(d) Set forth a time schedule and proposed method of financing,
anstu. action, and operation of tthe w ater pollution control system.
(e) Be reviewed by the official planningagenies having ji
diction within the local governmental agency, and by the gional
pLanning g-ency, an-..............ny, for c.nsisten..y w.ith programs o p
for the area and region, which reviews shall be transmitted to the
department with th1 plan.
Section 52. Section 403.1829, Florida Statutes, is amended to
read:
403.1829 Funding of projects; priorities.-Eligible projects shall
be funded according to priorities in descending order of their priop r
i established by the department rule. Such priorities shall be
established according to the extent each project is intended to re-
move, mitigate, or prevent adverse effects on surface or groundwater
quality and public health. Advanced waste treatment facilities or
portions thereof which are required for discharge to surface waters
or groundwater protection or protection of public health, which are
required by the department, and which are determined to be ineligi-
ble for federal funding shall be eligible for supplemental state fund-
ing under this act. untl the State Water Pollution .1ntrol Fund is
exhanated. The prioritAy list s eStablished hy tho Department
Health and Rehabilitt tive Servies as age- t of the 1ard for th
fiscal year in g July 1, 10969, is ratified and confirmed. If
funds available for the last project so funded ac less than the


ceding fcal y befo any oth pojcts arc so fundd.



June 23, 1983



Section 53. Section 403.1832, Florida Statutes, is amended to (d) Establish a system to determine eligibility and relative prior-
read: ity for applications for grants by small communities.



403.1832 Department to accept federal aid.-The department is
designated as the administrative agency of the state to apply for and
accept any funds or other aid and to cooperate and enter into
contracts and agreements with the federal government relating to
the planning, design, construction, operation, maintenance and en-
forcement activities developing, maintaining, and nfzoroing of the
program to provide clean water and pollution abatement of the
waters of the state or to any other related purpose which the Con-
gress of the United States has authorized or may authorize. The
department is authorized in the name of the state to make such
applications, sign such documents, give such assurances, and do



(e) Require applications for grants to be submitted on appropri-
ate forms with appropriate supporting documentation, require con-
struction to be in accordance with plans approved by the department,
and require recordkeeping.
(f) Any project satisfactorily planned and designed in accordance
with the United States Environmental Protection Agency require-
ments shall be eligible for funding under this act.
Section 56. Sections 403.1827, 403.1828, 403.1830, 403.1831,
and 403.1833, Florida Statutes, are hereby repealed.



OF REPRESENTATIVES 91

such other things as are necessary to obtain such aid from or
cooperate with the United States Government or any agency there-
of. The department may consent to enter into contracts and agree-
ments and cooperate with any other state agency, local governmen-
tal agency, person, or other state when it is necessary to carry out
the provisions of ss. 403.1821-403.1832 403.1838.
Section 54. Subsection (3) of section 403.804, Florida Statutes,
is amended to read:
403.804 Environmental Regulation Commission; powers and
duties.-
(3) The Commission shall establish priorities and have final
state approval on applications for, and disbursements of, federal
and state grants for the construction of wastewater or water treat-
ment works. In establishing priorities for state grants under this act,
an application shall not receive a lower priority solely because the
proposed project includes reserve capacity for which the incremental
costs will be paid by the applicant in accordance with s. 403.1826 (2).
Section 55. Sections 403.1836, 403.1837, and 403.1838, Florida
Statutes, are created to read:
403.1836 Sections 403.1836-403.1838 may be cited as the Small
Community Sewer Construction Assistance Act.
403.1837 Small Community Sewer Construction Assistance Trust
Fund.-
(1) There is established within the Department of Environmental
Regulation the Small Community Sewer Construction Assistance
Trust Fund
(2) The funds shall be used by the department to assist small
communities with their needs for adequate sewer facilities. "Small
community" means an incorporated municipality with a population
of 35,000 or less, according to the latest decennial census.
403.1838 Grants to small communities.-
(1) The department may provide grants to small communities.
Grants shall be made from the Small Community Sewer Construc-
tion Assistance Trust Fund in accordance with rules adopted by the
Environmental Regulation Commission. No grant shall exceed $3
million.
(2) The Environmental Regulation Commission shallk
(a) Require a 45 percent nonstate match, except that grants of less
than $50,000 may be funded 100 percent by the department, and the
commission may waive all or a part of the matching requirement:
1. Where water quality standards have been exceeded by an amount
that constitutes an immediate health hazard, or
2. In communities where the gross per capital income is below the
state average, as determined by the U.S. Department of Commerce,
and where sewer systems have failed to meet department standards.
(b) Require appropriate user charges and connection fees suffi-
cient to ensure the long-term operation and maintenance of the
facility to be constructed under any grant.
(c) Require compliance with all water quality standards.










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Section 57. Subsection (23) is added to section 212.02, Florida
Statutes, 1982 Supplement, as amended by chapter 83-3, Laws of
Florida, to read:
212.02 Definitions.-The following terms and phrases when used
in this chapter shall have the meaning ascribed to them in this
section, except where the context clearly indicates a different meaning:
(23) "Estimated tax liability" for any month equals either 66
percent of the current month's liability pursuant to Part I of this
chapter as shown on the tax return or 66 percent of the tax reported
on the tax return pursuant to Part I of this chapter by a dealer for the
taxable sales occurring during the corresponding month of the pre-
ceding calendar year. The department is impowered to establish the
estimated tax liability in cases where a dealer was not registered for
sales tax purposes during said month.
Section 58. Subsection (1) of section 212.11, Florida Statutes, is
amended to read:
212.11 Tax returns and regulations.-
(1) (a) 1. Any estimated tax liability of $1,650 or more shall be
due, payable, and remitted by the 20th of the month for which said
liability applies. The difference between the estimated tax liability
paid and the actual amount and taxes due under this part for said
month shall be come due and payable by the first day of the follow-
ing month and shall be remitted by the 20th day thereof.
2. For any dealer who had a tax liability of less than $2,500 for
the corresponding month of the preceding year, the current taxes
levied pursuant to this part hereunmdl upon rentalJ, admission,
d a tangible personal. property shall be due and payable
monthly on the first day of the following eaeh month and shall be
remitted by the 20th day thereof., -at
(b) For the purpose of ascertaining the amount of tax payable
under this chapter, it shall be the duty of all dealers to make a
return, on or before the 20th day of the month, to the department,
upon forms prepared and furnished by it, showing the rentals,
admissions, gross sales, or purchases, as the case may be, arising
from all leases, rentals, admissions, sales, or purchases taxable
under this chapter during the preceding calendar month. 7
(c) However, the department may authorize a quarterly return
and payment when the tax remitted by the dealer for the preceding
quarter did not exceed $100 and may authorize a semiannual re-
turn and payment when the tax remitted by the dealer for the
preceding 6 months did not exceed $200.
(d) The department shall accept returns as timely if postmarked
on or before the 20th day of the month; if the 20th day falls on a
Saturday, Sunday, or federal or state legal holiday, returns shall be
accepted as timely if postmarked on the next succeeding workday.
Any dealer who operates two or more places of business for which
returns are required to be filed with the department, and who
maintains records for such places of business in a central office or
place, shall have the privilege on each reporting date of filing a
consolidated return for all such places of business in lieu of sepa-
rate returns for each such place of business; however, such consoli-
dated returns must clearly indicate the amounts collected within
each county of the state. Each dealer shall file a return for each tax
period even though no tax is due for such period.
Section 59. Subsection (5) of section 212.12, Florida Statutes,
1982 Supplement, as amended by chapter 81-178, Laws of Florida,
is hereby repealed, and subsection (2) of said section is amended, to
read:
212.12 Dealer's credit for collecting tax; penalties for noncom-
pliance; powers of Department of Revenue in dealing with delin-
quents; brackets applicable to taxable transactions; records required.-
(2)(a) When any person, firm, or corporation required hereunder
to make any return or to pay any tax imposed by this chapter fails
to timely file such return or fails to pay the tax due within the time



required hereunder, in addition to all other penalties provided herein
and by the laws of Florida in respect to such taxes, a specific



penalty shall be added to the tax in the amount of 5 percent of any
unpaid tax if the failure is for not more than 30 days, with an
additional 5 percent of any unpaid tax for each additional 30 days,
or fraction thereof, during the time which the failure continues, not
to exceed, however, a total penalty of 25 percent, in the aggregate,
of any unpaid tax. In no event shall the penalty be less than $5 for
failure to timely file a tax return required by s. 212.11. In the case
of a false or fraudulent return or a willful intent to evade payment
of any tax imposed under this chapter, in addition to the other
penalties provided by law, the person making such false or fraudu-
lent return or willfully attempting to evade the payment of such a
tax shall be liable to a specific penalty of 50 percent of the tax bill
and for fine and punishment as provided by law for a conviction of a
misdemeanor of the second degree.
(b) When any person, firm, or corporation fails to timely remit the
proper estimated payment required under s. 212.11, a specific pen-
alty shall be added in an amount equal to 5 percent of any unpaid
estimated tax. Under no circumstances shall this penalty be waived
by the department. However, other penalties and interests shall be
due and payable if the return on which the estimated payment was
due was not timely filecL
Section 60. (1) Funds appropriated to the Water Pollution Con-
trol Trust Fund pursuant to the 1983 General Appropriationrs Act
shall be deposited with the Treasurer to the credit of the fund and
shall be invested in such manner as is provided for by statute. The
principal on which interest is earned shall not be used for distribu-
tion until allocations for federal grants to local governments have
been made pursuant to Pub. L. No. 84-660, as amended, for federal
fiscal year 1985, or November 1984, whichever occurs first. The
amount of principal shall be used to provide supplemental funding
for the list of projects eligible for federal funding pursuant to Pub.
L. No. 84-660, as amended. Priority shall be given to providing
funding of projects on the state project list developed pursuant to
chapter 17-50, F.A.C., for federal fiscal year 1985 before any other
projects are considered for funding from these funds, except for
projects receiving funds from the Small Community Sewer Con-
struction Assistance Trust Fund, which shall have a separate prior-
ity list approved by the Environmental Regulation Commission.
(2) Interest earnings on the moneys in the Water Pollution Con-
trol Trust Fund until the principal is exhausted shall be transfer-
red to the Water Quality Assurance Trust Fund on a monthly basis,
and may be used for such purposes as prescribed by law.

PART X
ENVIRONMENTAL REORGANIZATION
Section 61. Section 403.802, Florida Statutes, is amended to
read:
403.802 Declaration of policy.-Reasserting the policies policy of
the Governmental Reorganization Act of 1969 and the Florida En-
vironmental Reorganization Act of 1975 which recognize as stted
in s. 20.02, that structural reorganization should be a continuing
process, and recognizing that many 6 years have passed since the
passage of said acts 1969 organization, it is the intent of the
Legislature to promote more the efficient, effective, and economical
operation of certain environmental agencies by transferring decision-
making authority to environmental district centers and delegating to
the water management districts water quality related permitting
functions centralzing authority over, and pinpointing rsponsibil
ity for the management of, the environment by authorizng the

l la and bIy lonlidating5 compatibe aLi.nIgtJ ali v p i1Lanig,
permitting, enforcement, and operational activiti-s. Further, it is
the intent of this act to promote proper administration of Florida's
landmark environmental laws.

Section 62. Section 403.803, Florida Statutes, is amended to
read:



403.803 Definitions.-When used in this act the term, phrase,
or word:



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(1) "Commission" means the Environmental Regulation Com-
mission.
(2) "Department" means the Department of Environmental
Regulation.
(3) "Headquarters" means the physical location of the offices of
the secretary and the division directors of the department.
(4)( "Environmental district center" means the facilities and
personnel which are centralized in each district for the purposes of
carrying out the provisions of this act.
(5)(4 "District" or "environmental district" means one of the
geographical areas, the boundaries of which are established pursu-
ant to this act.
6)(6) "Manager" means the head of an environmental district
or branch office who shall supervise all environmental functions of
the department within such environmental district or branch office.
(7)(6) "Secretary" means the Secretary of the Department of
Environmental Regulation.
(8)(7) "Branch office" "Subdistriet" means a geographical area,
the boundaries of which may be established as a part of a district.
(9X8) "Channel" is a trench, the bottom of which is normally
covered entirely by water, with the upper edges of its sides nor-
mally below water.
(10)(9) "Canal" is a manmade trench, the bottom of which is
normally covered by water with the upper edges of its sides nor-
mally above water.
(11)(-0) "Drainage ditch" or "irrigation ditch" is a manmade
trench dug for the purpose of draining water from the land or for
transporting water for use on the land and is not built for naviga-
tional purposes.
(12) (4) "Swale" is a manmade trench whichl
(a) Has a top width-to-depth ratio of the cross-section equal to
or greater than 6:1, or side slopes equal to or greater than 3 feet
horizontal to 1 foot vertical;
(b) Contains contiguous areas of standing or flowing water only
following a rainfall event"
(c) Is planted with or has stabilized vegetation suitable for soil
stabilization, stormwater treatment, and nutrient uptake; and
(d) Is designed to take into account the soil erodibility, soil perco-
lation, slope, slope length, and drainage area so as to prevent erosion
and reduce pollutant concentration of any discharge only- cntains

rence of rainf all or flooding.
(13) (19) "Standard" means any rule of the Department of Envi-
ronmental Regulation relating to air and water quality, noise, and
solid-waste management. The term "standard" does not include
rules of the department which relate exclusively to the internal
management of the department, the procedural processing of appli-
cations, the administration of rulemaking or adjudicatory proceed-
ings, the publication of notices, the conduct of hearings, or other
procedural matters.
Section 63. Section 403.805, Florida Statutes, is amended to
read:
403.805 Secretary; powers and duties.-The secretary shall have
the powers and duties of heads of departments set forth in chapter
20, including the power to adopt rules under chapters 403, 253, and
373, except that the Environmental Regulation Commission shall
exercise the exclusive standard-setting authority of the department
pursuant to s. 403.804. The secretary shall employ legal counsel to
represent the department in matters affecting the department. Ex-
cept for appeals on permits specifically assigned by this act to the



Governor and Cabinet, and unless otherwise prohibited by law, the
secretary may delegate the authority assigned to the department



by this act to the assistant secretary, division directors, and district
and branch office subdistrict managers, and to the water manage-
ment districts.

Section 64. Section 403.807, Florida Statutes, is amended to
read:
403.807 Division of Environmental Programs; powers and duties.-
(1) The Division of Environmental Programs shall perform du-
ties including, but not limited to:
(a) Processing construction grants for wastewater treatment projects
(b) Coordinating water restoration programs.
(c) Coordinating the state public works program.
(d) Coordinating solid and hazardous waste management programs.
(e) Developing water quality-based effluent limitations.
(f) Reviewing environmental impact statements.
(g) Coordinating the air pollution control program.
(h) Coordinating and overseeing department laboratory functions.
(i) Coordinating the designation of outstanding Florida waters.
(2) No permits required under chapters 253, 373, or 403, other
than those for major air pollution sources, shall be processed or
issued by the Division of Environmental Programs, administration,
ordination, and upervisiotian Of program s relating to planning,-
grants,, ai quality, watel quality and quaVntity, nias, and solid
w..ste Mt-t management.
Section 65. Section 403.808, Florida Statutes, is amended to
read:
403.808 Division of Environmental Permitting; powers and duties.-
The Division of Environmental Permitting shall perform duties in-
cluding, but not limited to, the following:
(1) Processing of applications for powerplant or transmission
line site certifications pursuant to part II, which applications shall
be processed at headquarters.
(2) Processing applications for variances under s. 403.201.
(3) () Processing of these other classifications of permits, licen-
ses, and certificates which the secretary may designate.
(4) (a) Establishing uniform procedures and forms for the orderly
determination of decisions relating to permits, licenses, certificates,
and exemptions.
(5) (4) Providing the necessary technical and legal support to
carry out enforcement functions of the department.
6) (6) Supervising and directing all district operations.

Section 66. Subsection (29) is added to section 403.061, Florida
Statutes, 1982 Supplement, to read:
403.061 Department; powers and duties.-The department shall
have the power and the duty to control and prohibit pollution of air
and water in accordance with the law and rules and regulations
adopted and promulgated by it, and for this purpose to:
(29) Adopt by rule special criteria to protect Class II shellfish
harvesting waters. Rules previously adopted by the department in
section 17-4.28 (8) (a), Florida Administrative Code, are hereby ratified
and determined to be a valid exercise of delegated legislative author-
ity and shall remain in effect unless amended by the Environmental
Regulation Commission.
Section 67. Section 403.809, Florida Statutes, is amended to
read:



403.809 Environmental districts; establishment; managers; func-
tions.-



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(1) The secretary shall establish environmental districts. The
boundaries of the environmental districts shall coincide with the
boundaries of the water management districts and a water manage-
ment district may be divided into more than one environmental
district. The secretary shall have the authority to adjust the envi-
ronmental district boundaries upon a determination that exceptional
circumstances require such adjustment in order to more properly
serve the needs of the public or the environment. The environmental
distr icts hall b e allocated with the water management district t

thrAity to adjut the eniromental dit ict boundalrie to beat o erse
the purpose of Lthis act. The secretary may establish subdistricts
with one branch offices office-in each, for the purpose of making
services more accessible to the citizens of each district. In the Suwannee
River Water Management District, a branch office may serve as the
environmental district center. By July 1, 1984, the department shall
collocate part of its permitting operations with each of the central
offices of the water management districts and the water management
districts shall collocate part of their permitting operations with each
of the department's district offices.
(2) There shall be a manager for each environmental district
who shall be appointed by, and serve at the pleasure of, the secre-
tary. The district manager shall maintain his office in the envi-
ronmental district center, which shall be collocated with an the
office of a water management district to the maximum xtent prac.
ticable. Each branch office shall have a branch office manager who
shall be appointed by and serve at the pleasure of the secretary. The
water management districts are encouraged to collocate part of their
permitting operations with the department's branch offices to the
maximum extent practicable.
(3) (a) Under the supervision of the Division of Environmental
Permitting, all field services and inspections required in support of
the decisions of the department relating to the issuance of permits,
"licenses, certificates, or exemptions shall be accomplished at the
environmental district center level to the maximum extent practicable.
(b) The processing of all applications for permits, licenses, cer-
tificates, and exemptions shall be accomplished at the district cen-
ter or the branch office, except for those applications specifically
assigned to the Division of Environmental Permitting or to the
water management districts under s. 403.812 and those applications
assigned by interagency agreement as provided in this act, provid-
ed, however, the secretary, as head of the department, may not dele-
gate to district or subdistrict managers, water management districts,
or any unit of local government, the authority to act on the following
types of permit applications:
1. Certification of NPDES permits pursuant to Pub. L No. 92-500,
Section 401;
2. Construction and operation of major air pollution sources;



iumtCzt tc, planning, regulation, and pric tting ot poin source
and nonpoint src s.. of pollution and other field services. Any
powers, duties, and functions so delegated shall be carried out in
accordance with the rules, regulations, and standards of the de-
partment and shall follow the unifr... procedures and form estab-
lishad bl th D division. of En virmental Per hitting. Nothing con-
tained in this act shall be construed to adversely affect or divest
any water management district of tne power to levy ad valorem
taxes.
(3) Delegations pursuant to this section may be rescinded only if
the secretary determines that such delegations are not being carried
out in accordance with the rules of the department.
Section 69. Subsection (1) of section 403.813, Florida Statutes,
1982 Supplement, is amended to read:
403.813 Permits issued at district centers; exceptions.-
(1) The secretary is authorized to adopt procedural rules provid-
ing for a short-form application for, and issuance at the district
center of, permits for certain activities. These activities shall in-
clude the following and any others established by rule:
(a) Projects not exceeding 10,000 4,009 cubic yards of material
placed in or removed from the navigable waters of the state;
(b) Dockage or marina facilities not exceeding 30,000 209,00
square feet of submerged lands;
(c) New seawalls or similar structures not exceeding 500 800
linear feet of shoreline;
(d) The installation of buoys, signs, fences, ski ramps, and fish
attractors by the Florida Game and Fresh Water Fish Commission;
(e) The installation of subaqueous transmission and distribu-
tion lines laid on, or embedded in, the bottoms of waters of the state
carrying water, electricity, communication cables, oil, and gas, ex-
cept as exempted by paragraph (m) or paragraph (n) of subsection
(2); and
(f) The performance, for 10 years from the issuance of the origi-
nal permit, of maintenance dredging of permitted navigation chan-
nels, port harbors, turning basins, and harbor berths. The Trustees
of the Internal Improvement Trust Fund may fix and recover from
the permitted an amount equal to the difference between the fair
market value and the actual cost of the maintenance dredging for
material removed during such maintenance dredging. However, no
charge shall be exacted by the state for material removed during
such maintenance dredging by a public port authority. The remov-
ing party may subsequently sell such material. However, proceeds
from such sale that exceed the costs of maintenance dredging shall
be remitted to the state and deposited in the Internal Improvement
Trust Fund.



3. Certifications under the Power Plant Siting Act or Transmis- Section 70. Subsection (2) of section 373.016, Florida Statutes,
sion Line Siting Act. is amended to read:
Section 68. Section 403.812, Florida Statutes, is amended to 373.016 Declaration of policy.-
read:



403.812 Delegation of functions to water management districts.-
(1) By October 1, 1984, the department shall delegate, to those
water management districts that it finds to be financially and tech-
nically capable of implementing the delegation, its powers and du-
ties pertaining to the administration of the department's "Regula-
tion of Stormwater Rule." However, no later than October 1, 1984,
the department shall delegate such powers and duties to the South
Florida Water Management District and the Southwest Florida Water
Management District.
(2) In addition to any function delegated under subsection (1),
when the secretary determines that a water management district
has the financial and technical capability to carry out water quality
and other functions of the department, those powers, duties, and
functions, or parts thereof, may be contracted or delegated to such
water management district. This nmay .incle, but shall not be



(1) The waters in the state are among its basic resources. Such
waters have not heretofore been conserved or fully controlled so as
to realize their full beneficial use.
(2) It is further declared to be the policy of the Legislature:
(a) To provide for the management of water and related land
resources;
(b) To promote the conservation, development, and proper utili-
zation of surface and ground water;
(c) To develop and regulate dams, impoundments, reservoirs,
and other works and to provide water storage for beneficial purposes;
(d) To prevent damage from floods, soil erosion, and excessive
drainage;

(e) To preserve natural resources, fish and wildlife;



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(ft To promote the public policy set forth in s. 403.021.
(g) (f) To promote recreational development, protect public lands,
and assist in maintaining the navigability of rivers and harbors;
and
(h) (g) Otherwise to promote the health, safety, and general wel-
fare of the people of this state.
(3) The Legislature recognizes that the water resource problems
of the state vary from region to region, both in magnitude and
complexity. It is therefore the intent of the Legislature to vest in
the Department of Environmental Regulation or its successor agency
the power and responsibility to accomplish the conservation, pro-
tection, management, and control of the waters of the state and
with sufficient flexibility and discretion to accomplish these ends
through delegation of appropriate powers to the various water man-
agement districts. The department may exercise any power herein
authorized to be exercised by a water management district; howev-
er, to the greatest extent practicable, such power should be dele-
gated to the governing board of a water management district.
Section 71. Section 373.106, Florida Statutes, is amended to
read:
373.106 Permit required for construction involving underground
formation.-
(1) No construction may be begun on a project involving artifi-
cial recharge or the intentional introduction of water into any
underground formation except as permitted in chapter 377, without
the written permission of the governing board of any water man-
agement district within which the construction will take place.
Such application shall contain the detailed plans and specifications
for the construction of the project.
(2) Each water management district shall have the exclusive au-
thority to process and issue permits under this section and permits
and licenses delegated under s. 403.812, except permits required by
the department pursuant to 42 U.S.C., s. 300 (1) until delegated by
the department to the districts.
(3) (2) A water management district may do any act necessary to
replenish the ground water of said district. The district may, among
other things, for the purposes of replenishing the ground water
supplies within the district:
(a) Buy water;
(b) Exchange water;
(c) Distribute water to persons in exchange for ceasing or reduc-
ing ground water extractions;
(d) Spread, sink, and inject water into the underground;
(e) Store, transport, recapture, reclaim, purify, treat, or other-
wise manage and control water for the beneficial use of persons or
property within the district; and
(f) Build the necessary works to achieve ground water replenish-
ment.
Section 72. Section 373.114, Florida Statutes, is amended to
read:
(Substantial rewording of section. See s. 373.114, F.S., for present
text.)
373.114 Land and Water Adjudicatory Commission; review of
district policies, rules, and orders.-
(1) Except as provided in subsection (2), the Governor and Cabi-
net, sitting as the Land and Water Adjudicatory Commission, shall
have the exclusive authority to review any order or rule of a water
management district, other than rules relating to internal proce-
dures of the district, to insure consistency with the provisions and
purposes of this chapter.



(a) Such review may be initiated by the department or by a
party to the proceedings by filing a request for review with the



Land and Water Adjudicatory Commission and serving a copy on
the department and on any person named in the rule or order,
within 20 days after adoption of the rule or rendering of the order;
provided, however, where the rule or order to be reviewed has
statewide or regional significance, as determined by the Land and
Water Adjudicatory Commission within 60 days after receipt of a
request for review, the commission may accept a request for review
from any affected person within 30 days after adoption of the rule
or the rendering of the order.
(b) Review by the Land and Water Adjudicatory Commission
shall be appellate in nature and based on the record below. The
matter shall be heard by the commission not more than 60 days
after receipt of the request for review or the commission's determi-
nation that the rule or order has statewide or regional significance,
whichever is later.
(c) If the Land and Water Adjudicatory Commission determines
that a rule or order is not consistent with the provisions and pur-
poses of this chapter, it may, in the case of a rule, require the water
management district to initiate rulemaking proceedings to amend
or repeal the rule, or in the case of an order, rescind or modify the
order or remand the proceeding to the water management district
for further action consistent with the order of the Land and Water
Adjudicatory Commission.
(d) Request for review under this section shall not be a precon-
dition to the seeking of judicial review pursuant to s. 120.68 or the
seeking of an administrative determination of rule validity pursu-
ant to s. 120.56.
(2) The department shall have the exclusive authority to review
rules of the water management districts, other than rules relating
to internal management of the districts, to insure consistency with
the state water policy as set forth in the rules of the department.
Within 30 days after adoption or revision of any water manage-
ment district rule, the department shall initiate a review of such
rule pursuant to this section.
(a) Within 30 days after adoption of a rule, any affected person
may request that a hearing be held before the secretary of the
department at which evidence and argument may be presented
relating to the consistency of the rule with state water policy by
filing a request for hearing with the department and serving a copy
on the water management district.
(b) If the department determines that the rule is inconsistent
with the state water policy, it may order the water management
district to initiate rulemaking proceedings to amend or repeal the
rule.
(c) An order of the department requiring amendment or repeal
of a rule may be appealed to the Land and Water Adjudicatory
Commission by the water management district or any other party
to the proceeding before the secretary.

Section 73. Subsection (1) of section 373.116, Florida Statutes,
is amended to read:
373.116 Procedure for water use and impoundment construc-
tion permit applications.-
(1) Applications for water use permits, under part II of this
chapter, and for permits for construction or alteration of dams,
impoundments, reservoirs, and appurtenant works, under part IV
of this chapter, and for permits under s. 403.812, shall be filed with
the water management district on appropriate forms provided by
the governing board.
Section 74. Subsection (6) of section 373.303, Florida Statutes,
is amended to read:
373.303 Definitions-As used in this part:
(6) "Well" means any excavation that is drilled, cored, bored,



washed, driven, dug, jetted, or otherwise constructed when the
intended use of such excavation is for the location, acquisition,
development, or artificial recharge of groundwater, but such term



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does not include eand- pint wells a herein 4fi- any well for
the purpose of obtaining or prospecting for oil, natural gas, miner-
als, or products of mining or quarrying, for inserting media to
dispose of oil brines or to repressure oil-bearing or natural gas-
bearing formation, or for storing petroleum, natural gas, or other
products, or for temporary dewatering of subsurface formations for
mining, quarrying, or construction purposes.
Section 75. Subsection (9) of section 373.303, Florida Statutes,
is hereby repealed.
Section 76. Subsections (1) and (2) of section 373.308, Florida
Statutes, are amended, subsection (3) is renumbered as subsection
(4), and a new subsection (3) is added to said section, to read:
373.308 Implementation of programs for regulating water wells.-
(1) The department shall may authorize the governing board of
a water management district to implement a program for the issu-
ance of permits for the location, construction, repair, and abandon-
ment of water wells.
(2) The department shall may authorize the governing board of
a water management district to exercise any power authorized to be
exercised by the department under ss. 373.309, 373.313, 373.316,
373.319, 373.323, 373.326, 373.329, and 373.333 and shall encour-
age the district to fully exercise such powers as soon as practicable
may withhold from dAe4Plgation suf S power as, te department hooac
not to delegate.
(3) Delegations pursuant to subsections (1) and (2) and ss. 373.323
and 373.333 may be rescinded only if the secretary determines that
such delegations are not being carried out in accordance with the
rules of the department
Section 77. Section 373.323, Florida Statutes, is amended to
read:
373.323 Licenses; driller and drilling equipment registration.-
(1) LICENSES AUTHORIZED.-
(a) Every person who wishes to engage in business as a water
well contractor shall obtain from the water management district
department a license to conduct such business.
(b) (2) The department may adopt and from time to time amend
rules and regulations governing applications for water well con-
tractor licenses. The water management district department shall
license as a water well contractor any person properly making
application therefore who is an adult for all legal purposes, has
knowledge of rules and regulations adopted under this part, and
has had not less than 2 years' experience in the work for which he
is applying for a license. The department shall prepare an exami-
nation which each such applicant must pass in order to qualify for
such license.
(3) This section sh all ot apply to a ny person who pefoxrM
labor o ees at the direction and under the supervision of a
liensed water well contractor.
(c) (4) A political subdivision engaged in well-drilling shall be
licensed under this part but shall be exempt from paying the li-
cense fees for the drilling done by regular employees of, and with
equipment owned by, it.
(d) (6) Licenses issued pursuant to this section are not transfer-
able and shall expire on July 1 of each year. A license may be
renewed without examination for an ensuing year by making ap-
plication not later than 30 days after the expiration date and paying
the applicable fee. Such application shall have the effect of extend-
ing the validity of the current license until a new license is received
or the applicant is notified by the department that it has refused to
renew his license. After July 31 of each year, a license will be
renewed only upon application and payment of the applicable fee
plus a penalty of $50.



(e) (6) Whenever the department or water management district
determines that the holder of any license issued pursuant to this



section has violated any provision of this part or any rule or regula-
tion adopted pursuant thereto, the department or water manage-
ment district is authorized to suspend or revoke any such license.
Any order issued pursuant to this subsection shall become effective
30 days after service thereof unless a written petition requesting
hearing under the procedure provided in chapter 120 is filed sooner.
(f) (-7) No application for a license issued pursuant to this section
may be made within 1 year after revocation thereof.
(g) No later than October 1, 1984, the department shall delegate
to the water management districts the powers and duties relating to
processing and issuing water well contractor licenses. A license is-
sued by any water management district shall be valid anywhere in
the state.
(2) DRILLER AND DRILLING EQUIPMENT REGISTRATION.-
(a) Every person who operates drilling equipment for the purpose
of constructing wells shall register with each water management
district in which construction activity takes place. The governing
board shall, as minimum conditions of such registration, require:
1. Written recommendation from a licensed water well contractor
verifying status of the driller as an employee of the contractor.
2. Demonstration of sufficient experience and practical knowl-
edge needed to operate drilling equipment of the type to be used in
actual well construction.
3. Written examination as considered appropriate by the board
designed to verify the driller's knowledge of commonly accepted
drilling practices and applicable rules of the district and department
(b) It shall be the responsibility of each licensed water well con-
tractor to annually notify the governing board of the district in
which he resides or in which his principal place of business is
located of all registered drillers in his employ. In addition, a licensed
contractor shall notify the board in a timely manner if a registered
driller ceases to be an employee.
(c) The licensed water well contractor shall register with the
governing board each piece of drilling equipment he owns, leases, or
operates. Upon registration, the water well contractor's license num-
ber shall be prominently displayed on the equipment.
Section 78. Section 373.333, Florida Statutes, is amended to
read:
373.333 Enforcement.-
(1) Whenever the water management district department has
reasonable grounds for believing that there has been a violation of
this part or any rule or regulation adopted pursuant thereto, it
shall give written notice to the person alleged to be in violation.
Such notice shall identify the provision of this part or regulation
issued hereunder alleged to be violated and the facts alleged to
constitute such violation.
(2) Such notice shall be served in the manner required by law
for the service of process upon persons in a civil action and or by
registered United States mail to the last known address of the per-
son. Notice alleging violations of rules setting minimum standards
for the location, construction, repair, or abandonment of wells shall
be accompanied by an order of the department requiring described
remedial action which, if taken within the time specified in such
order, will effect compliance with the requirements of this part and
regulations issued hereunder. Such order shall become final unless
a request for hearing as provided in chapter 120 is made within 30
days from the date of service of such order.

PART XI
POLLUTANT SPILL PREVENTION AND CONTROL
Section 79. Part I of chapter 376, Florida Statutes, shall consist



of sections 376.011, 376.021, 376.031, 376.041, 376.051, 376.06,
376.07, 376.09, 376.10,376.11,376.12, 376.13, 376.14, 376.15,376.16,



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376.165, 376.17, 376.18, 376.19, 376.20, 376.205, and 376.21, Flor-
ida Statutes, and s. 376.011, Florida Statutes, is amended to read:
376.011 Short title.-Part I of this Whis chapter shall be known
as the "Pollutant Spill Prevention and Control Act."
Section 80. Subsection (7) of section 376.031, Florida Statutes,
is amended to read:
376.031 Definitions.-When used in this chapter, unless the con-
text clearly requires otherwise:
(7) "Pollutants" shall include oil of any kind and in any form,
gasoline, pesticides, ammonia, chlorine, and derivatives thereof,
excluding liquified petroleum gas.
Section 81. Subsection (6) is added to section 376.051 to read:
376.051 Powers and duties of the department.-
(6) Within 120 days of the effective date of this subsection, the
department shall adopt rules providing for the coordination of the
respective duties of the Department of Environmental Regulation
and the Department of Natural Resources with respect to the imple-
mentation of part I of this chapter. Such rules shall specifically
establish procedures that determine which of the two agency should
respond in the case of specific types of pollutant spill incidents, and
establish minimum criteria for response times. The rules shall also
specify criteria and procedures for the expenditure of Coastal Protec-
tion Trust Fund moneys for pollution incidents that require action
by the Department of Environmental Regulation.
Section 82. Paragraph (b) of subsection (3), paragraphs (a) and
(b) of subsection (4) and subsection (5) of section 376.11, Florida
Statutes, are amended to read:
376.11 Florida Coastal Protection Trust Fund.-
(3) -
(b) 1. Effective July 1, 1980,1980, 50 percent of the interest earned
from investments of the fund when the balance of the fund is
greater than $30 $86 million shall be used for the acquisition of
spoil disposal sites and improvements to existing and future spoil
sites for the ports of St. Petersburg Bayboro Harbor, Jacksonville,
Port Canaveral, Ft. Pierce, Palm Beach, Port Everglades, Miami,
Port Manatee, Port St. Joe, Tampa, Panama City, Pensacola, and
other navigable waters of the state. In the event that the balance of
the fund is reduced to $30 $86 million or less, the interest normally
accruing to the priority acquisition and improvement program for
spoil disposal sites shall be discontinued until the balance of the
fund exceeds $30 $86 million. The provisions of this subparagraph
shall not apply if the Federal Government preempts the authority
to levy, collect, and use an excise tax pursuant to this section or if
the Governor and Cabinet declare an emergency related to a major
pollutant hazard.
2. The Department of Natural Resources shall establish a prior-
ity acquisition and improvement program for spoil disposal sites, to
be acquired using moneys from the Florida Coastal Protection Trust
Fund, based upon its recommendations and the recommendations
made by the ports and the Department of Environmental Regula-
tion. Such priority acquisition and improvement program shall take
into consideration the existing need of each port for spoil disposal
sites, the frequency and volume of maintenance dredging at each
port, the movement of petroleum and other pollutant hazards at
each port, the protection of recreational and environmental quality,
and whether the proposed site meets the permit requirements of
chapters 403 and 253.
3. The recipient port authority or appropriate governmental
entity shall contribute not less than 50 percent of the cost of acqui-
sition of a spoil disposal site. Such contribution may include land
owned or improvements to the spoil disposal site. The department
shall establish procedures for the payment of funds and matching
contributions consistent with the provisions herein.



of an acquired spoil disposal site shall be paid to the Florida Coastal
Protection Trust Fund until the fund has been reimbursed for its
participation in the purchase of that site. Any remaining funds
shall be paid to the contributing governmental entity until that
entity is reimbursed for its contribution. Any funds remaining there-
after shall be paid to the Florida Coastal Protection Trust Fund.
(4) (a) There is hereby levied, to be collected from and paid by
each registrant, including facilities subject to the excise tax levied by
part II of this chapter, an excise tax upon each registrant for the
privilege of operating a terminal facility and handling all pollu-
tants covered by this chapter, the amount of which is to be deter-
mined by the department as measured by the volume in barrels of
liquid pollutants transferred to or from the registrant.
(b) The excise tax shall be 2 cents per barrel transferred until
the balance in the fund equals or exceeds $30 $86 million. The
fiscal year immediately following the year in which the balance in
the fund equals or exceeds $30 $8W million, no excise tax shall be
levied unless:
1. The balance in the fund is less than or equal to $25 $-N
million. The fiscal year immediately following the year in which
the balance in the fund is less than or equal to $25 $80 million, the
excise tax shall be and shall remain 2 cents per barrel transferred
until the fund again equals or exceeds $30 $W million. The fiscal
year immediately following the year in which the fund again is
equal to or exceeds $30 $86 million, the excise tax and fund shall be
controlled as when the fund first was equal to or exceeded $30 $8
million.
2. There is a discharge of catastrophic proportions, the results of
which could significantly reduce the balance in the fund. In the
event of such a catastrophic occurrence, the Governor and Cabinet
as the head of the Department of Natural Resources may, by rule,
relevy the excise tax in an amount not to exceed 10 cents per barrel
for a period of time sufficient to maintain the fund at a balance of
$30 $86 million, after payment of the costs and damages related to
the catastrophic discharge.
3. The fund is unable to pay any proven claims against the fund
at the end of the fiscal year. Notwithstanding any other provision of
this section, the fiscal year following the year in which the fund is
unable to pay any proven claims against the fund at the end of the
fiscal year, the excise tax shall be and shall remain 5 cents per
barrel transferred until all outstanding proven claims have been
paid and the fund again equals or exceeds $10 million. The fiscal
year immediately following the year in which the fund, after levy of
the 5-cent excise tax, again is equal to or exceeds $10 million, the
excise tax and fund shall be controlled in accordance with subpara-
graph 1., unless otherwise provided.
4. The Florida Coastal Protection Trust Fund has had appropri-
ated to it by the Legislature, but not yet repaid, state funds from
the General Revenue Fund. In such event, the excise tax shall
continue in effect until all such funds are repaid to the General
Revenue Fund.
(5) Moneys in the Florida Coastal Protection Trust Fund shall
be disbursed for the following purposes and no others:

(a) Ad ti'atmve iexpese, personnel epenses, had equipment
coat of the department rclatcl to the nforcment of this chapter
subject to a. 376.10.
(a) (b) All immediate costs involved in the abatement of pollu-
tion related to the discharge of pollutants covered by this chapter
and the abatement of other potential pollution hazards as author-
ized herein.

(b) (e) All costs and expenses of the cleanup and rehabilitation of
water fowl, wildlife, and all other natural resources damaged by
the discharge of pollutants, whether performed or authorized by the
department or any other state or local agency.



4. Any moneys received from the sale of dredged materials de- (c) (d All provable costs and damages which are the proximate
posited on a spoil disposal site acquired hereunder or from the sale results of the discharge of pollutants covered by this chapter.



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(d) (e) The acquisition of spoil disposal sites and improvements
to existing and future spoil sites for the ports of St. Petersburg
Bayboro Harbor, Jacksonville, Port Canaveral, Ft. Pierce, Palm
Beach, Port Everglades, Miami, Port Manatee, Port St. Joe, Tampa,
Panama City, Pensacola, and other navigable waters of the state.
(e) A one-time expenditure of $11 million to the Water Quality
Assurance Trust Fund created in s. 376.60.
(f) An annual expenditure of 50 percent of the interest earned
from investments of the Florida Coastal Protection Trust Fund when
the balance is greater than $30 million, to the Water Quality Assur-
ance Trust Fund created pursuant to s. 376.60.
Section 83. Section 376.18, Florida Statutes, is hereby repealed.
Section 84. Part II of chapter 376, Florida Statutes, consisting
of sections 376.30, 376.32, 376.35, 376.40, 376.50, 376.55, 376.60,
376.65, 376.70, 376.75, 376.80, 376.85, and 376.90, Florida Stat-
utes, is created to read:
376.30 Legislative intent.-
(1) The Legislature finds and declares that the preservation of
surface and groundwater is a matter of the highest urgency and
priority, and that such use can only be served effectively by main-
taining the quality of inland waters as close to a pristine condition as
possible, taking into account multiple use accommodations neces-
sary to provide the broadest possible promotion of public and private
interests.
(2) The Legislature further finds and declares that:
(a) The storage of pollutants within the jurisdiction of the state
and state inland waters is a hazardous undertaking;
(b) Spills, discharges, and escapes of pollutants occurring as a
result of procedures taken by private and government entities involv-
ing the storage of such products pose threats of great danger and
damage to the environment of the state, to citizens of the state and
other interests deriving livelihood from the state;
(c) Such hazards have occurred in the past, are occurring now,
and present future threats of potentially catastrophic proportions, all
of which are expressly declared to be inimical to the paramount
interests of the state as herein set forth; and
(d) Such state interests outweigh any economic burdens imposed
by the Legislature upon those engaged in storing pollutants and
related activities.
(3) The Legislature intends by the enactment of this part to exer-
cise the police power of the state by conferring upon the department
the power to:
(a) Deal with the hazards and threats of danger and damage
posed by such storage and related activities;
(b) Require the prompt containment and removal of product oc-
casioned thereby; and
(c) Establish a fund to provide for the inspection and supervision
of such activities and guarantee the prompt payment of reasonable
damage claims resulting therefrom.
(4) The Legislature further finds and declares that the preserva-
tion of surface and groundwater quality is of prime public interest
and concern to the state in promoting its general welfare, preventing
diseases, promoting health, and providing for the public safety and
that the state's interest in such preservation outweighs any burdens
of liability imposed by the Legislature upon those engaged in storing
pollutants and related activities.
(5) The Legislature further declares that it is the intent of this
part to support and complement applicable provisions of the Federal
Water Pollution Control Act, as amended; specifically those provi-
sions relating to the national contingency plan for removal of pollutants.



(1) "Department" means the Department of Environmental
Regulation.
(2) "Secretary" means the secretary of the Department of Envi-
ronmental Regulation.
(3) "Barrel" means 42 U.S. gallons at 60 degrees Fahrenheit.
(4) "Discharge" shall include, but not be limited to, any spilling,
leaking, seeping, pouring, emitting, emptying, or dumping of any
pollutant which occurs and affects lands and the surface and ground-
waters of the state not regulated by part I of this chapter.
(5) "Fund" means the Water Quality Assurance Trust Fund.
(6) "Pollutants" shall include oil of any kind and in any form,
gasoline, pesticides, ammonia, chlorine, and derivatives thereof, ex-
cluding liquified petroleum gases.
(7) "Pollution" means the presence on the land or in waters of the
state of pollutants, in quantities which are or may be potentially
harmful or injurious to human health or welfare, animal or plant
life, or property which may unreasonably interfere with the enjoy-
ment of life or property, including outdoor recreation.
(8) "Facility" means any nonresidential location containing a
stationary tank or tanks which contain pollutants and which have a
storage capacity greater than 550 gallons, and which are not covered
by part I.
(9) "Owner" means any person owning a facility.
(10) "Operator" means any person operating a facility, whether
by lease, contract, or other form of agreement
(11) "Person in charge" means the person on the scene who is in
direct, responsible charge of a facility from which pollutants are
discharged, when the discharge occurs.
(12) "Person" means any individual, partner, joint venture, cor-
poration; any group of the foregoing, organized or united for a busi-
ness purpose,; or any governmental entity.
376.35 Pollution prohibited; pollution of waters and lands of the
state prohibited.-The discharge of refined petroleum products upon
any waters and lands of the state in the manner defined by this part
is prohibited
376.40 Powers and duties of the department-
(1) The department shall have the power and the duty to:
(a) Establish rules to implement the intent of this part and to
regulate underground and above ground facilities and their onsite
integral piping systems not covered by part I, including but not
limited to construction standards, permitting of tanks, maintenance
and installation standards, and removal or disposal standards.
(b) Provide for the development and implementation of criteria
and plans to prevent and meet pollution occurrences of various de-
grees and kinds.
(c) Establish requirements that any facility covered by this act be
subject to a complete and thorough inspection at reasonable times.
Any facility discharging a pollutant in violation of provisions of this
part shall be fully and carefully monitored by the department to
insure that such discharges shall not continue to occur.
(d) Keep an accurate record of costs and expenses incurred for the
removal of prohibited discharges and thereafter diligently to pursue
the recovery of any sums so incurred from the person responsible or
from the Government of the United States under any applicable
federal act
(e) Bring an action on behalf of the state to enforce the liabilities
imposed by this part. The provisions ofss. 403.121, 403.131, 403.141,
and 403.161 shall apply to enforcement under this part.



376.32 Definitions.-When used in this part, unless the context (2) The powers and duties of the department under this part
clearly requires otherwise: shall extend to the land mass of the state not described in part I.



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376.55 Removal of prohibited discharges.-
(1) Any person discharging pollutants as prohibited by this part
shall immediately undertake to contain, remove, and abate the dis-
charge to the department's satisfaction. Notwithstanding the above
requirement, the department may undertake the removal of the dis-
charge and may contract and retain agents who shall operate under
the direction of the department.
(2) If the person causing a discharge, or the person in charge of
facilities at which a discharge has taken place, fails to act immedi-
ately, the department may arrange for the removal of the pollutant,
except that if the pollutant was discharged into or upon the naviga-
ble waters of the United States, the department shall act in accord-
ance with the national contingency plan for removal of such pollu-
tant as established pursuant to the Federal Water Pollution Control
Act, as amended, and the costs of removal incurred by the depart-
ment shall be paid in accordance with the applicable provisions of
said law. Federal funds provided under said act shall be used to the
maximum extent possible prior to the expenditure of state funds.
(3) No action taken by any person to contain or remove a dis-
charge, whether such action is taken voluntarily or at the request of
the department or its designee, shall be construed as an admission of
liability for the discharge.
(4) No person who, voluntarily or at the request of the department
or its designee, renders assistance in containing or removing pollu-
tants shall be liable for any civil damages to third parties resulting
solely from acts or omissions of such person in rendering such as-
sistance, except for acts or omissions amounting to gross negligence
or willful misconduct.
(5) Nothing in this part shall affect the right of any person to
render assistance in containing or removing any pollutant or any
rights which that person may have against any third party whose
acts or omissions in any way have caused or contributed to the
discharge of the pollutant.
(6) Any person who renders assistance in containing or removing
any pollutant may be eligible for reimbursement of the cost of con-
tainment or removal provided prior approval for such reimburse-
ment is granted by the department. The department may, upon peti-
tion and for good cause shown, waive the prior-approval prerequisite.
376.60 Water Quality Assurance Trust Fundc-
(1) There is hereby created in the State Treasury the Water Qual-
ity Assurance Trust Fund, to be administered by the Department of
Environmental Regulation.
(2) The fund may be used to carry out the provisions of this act
and for the cleanup and restoration of any site contaminated with:
(a) Hazardous wastes;
(b) Hazardous substances as defined in the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 1980, Pub.
L No. 96-510, 94 Stat. 2767;
(c) A pollutant as defined in chapter 376;
(d) A substance which is or is suspected to be carcinogenic, mu-
tagenic, teratogenic, or toxic to human beings, or acutely toxic to
indigenous species of significance to the biological community af-
fected by the hazardous waste or substance, or
(e) A substance which poses a serious danger to the public health,
safety, or welfare.
(3) The trust fund shall be funded as follows:
(a) A one-time transfer of $11 million from the Florida Coastal
Protection Trust Fund pursuant to s. 376.11 (5) (e).
(b) An annual transfer of interest funds from the Florida Coastal
Protection Trust Fund pursuant to s. 376.11 (5) (f).



(4) The trust fund shall be used by the department as a nonlapsing
revolving fund for carrying out the purposes of this act. To this fund
shall be credited all excise taxes, penalties, judgments, and other fees
and charges related to this part. Charges against the fund shall be in
accordance with this section.
(5) (a) There is hereby levied an excise tax, to be collected from
and paid by each person for the privilege of operating a terminal
facility, as defined in s. 376.031 (9), and from each person for the
privilege of operating a facility, served by air, rail, truck, and/or
pipeline located in this state, used for the purpose of storing, han-
dling, or transferring pollutants. The state and political subdivi-
sions in the state shall be exempt from the excise tax.
(b) The excise tax shall be 2 cents per barrel, or equivalent mea-
sure as established by the department, coming to rest in Florida
until the balance in the fund equals or exceeds an unobligated bal-
ance of $12 million. The fiscal year immediately following the year
in which the balance in the fund equals or exceeds an unobligated
balance of $12 million, no excise tax shall be levied unless:
1. The balance in the fund is less than or equal to an unobligated
balance of $3 million. The fiscal year immediately following the year
in which the balance in the fund is less than or equal to an unobli-
gated balance of $3 million, the excise tax shall be and shall remain
2 cents per barrel coming to rest in Florida until the fund again
equals or exceeds an unobligated balance of $12 million. The fiscal
year immediately following the year in which the fund again is equal
to or exceeds an unobligated balance of $12 million, the excise tax
and fund shall be controlled as when the fund first was equal to or
exceeded an unobligated balance of $12 million.
2. The fund is unable to pay any proven costs against the fund at
the end of the fiscal year. Notwithstanding any other provision of this
section, the fiscal year following the year in which the fund is unable
to pay any proven costs against the fund at the end of the fiscal year,
the excise tax shall be and shall remain 5 cents per barrel until all
outstanding proven costs have been paid and the fund again equals
or exceeds $1.5 million then the excise tax shall be 2 cents per barrel
until the fund again equals or exceeds an unobligated balance of $12
million. The fiscal year immediately following the year in which the
fund, after levy of the 5-cent excise tax, again is equal to or exceeds
an unobligated balance of $12 million, the excise tax and fund shall
be controlled in accordance with subparagraph 1., unless otherwise
provided.
3. The fund has had appropriated to it by the Legislature, but not
yet repaid, state funds from the General Revenue Fund. In such
event, the excise tax shall continue in effect until all such funds are
repaid to the General Revenue Fund.
(c) The excise tax provided for in this section shall be collected
monthly by the Department of Revenue on the basis of records certi-
fied to the Department of Revenue and Department of Environmental
Regulation and shall be credited to the fund. However, for the pur-
poses of this section, the excise tax on each barrel of the pollutant
shall be imposed only once, at the first transfer of a specific barrel of
pollutant which comes to rest in Florida. Each barrel of pollutant
shall only be considered once for the purpose of this excise tax. This
excise tax shall be in addition to all other taxes imposed upon or paid
by the operator. However, any facility with a storage capacity of 250
barrels or less shall report and pay the excise tax semiannually.
(d) Except for the 3-percent collection allowance, the same duties
and privileges imposed by chapter 212 respecting the remission of
tax, the making of returns; penalties and interest; the keeping of
books, records, and accounts; and the compliance with the rules of
the Department of Revenue in the administration of that chapter
shall apply to and be binding on all registrants who are subject to
this section.
(e) The Department of Revenue shall maintain records indicat-
ing the amount of taxes collected These records shall be confiden-
tial, as provided in s. 213.053.



(c) A monthly transfer of the interest from the State Water Pollu- (fi The Department of Revenue shall promulgate rules, establish
tion Control Trust Fund. audit procedures for the audit of operators under this section, assess



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99