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 Members of the House of Repres...
 December 1984
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PDIV3 December
PDIV4 Thursday,
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PDIV8 Standing Committees
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PDIV14 (Received House)
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Journal of the Florida House of Representatives
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 Material Information
Title: Journal of the Florida House of Representatives
Physical Description: v. : ; 31 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: State of Florida
Place of Publication: Tallahassee
Creation Date: December 6, 1984
Frequency: annual
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General Note: Description from: 1984.
Funding: Digitized for the Florida House of Representatives, the Office of the Clerk.
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 Related Items
Preceded by: Journal of the House of Representatives of the session of ...

Table of Contents
    Title Page
        Page i
    Members of the House of Representatives
        Page ii
        Page iii
        Page iv
    December 1984
        Thursday, December 6
            Page 1
            Page 2
            Page 3
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
            Page 9
            Page 10
            Page 11
            Page 12
            Page 13
            Page 14
            Page 15
            Page 16
            Page 17
            Page 18
            Page 19
            Page 20
            Page 21
            Page 22
            Page 23
            Page 24
            Page 25
            Page 26
            Page 27
            Page 28
            Page 29
            Page 30
            Page 31
        Friday, December 7
            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
    Index
        Contents
            Page 54
        Standing Committees
            Page 55
        Bills Sponsors in "A" Session
            Page 55
            Page 56
        Miscellaneous Subjects
            Page 57
        Vetoed Bills
            Page 58
        Subject Index of House and Senate Bills, Resolutions, and Memorials
            Page 59
            Page 60
        House Bills, Resolutions, and Memorials by Number, Subject, Sponsor, and Disposition
            Page 61
        Senate Bills (Received in House) by Number, Subject, Sponsor, and Disposition
            Page 61
Full Text




Journals
of the

Florida



Special Session



December 6 through December 7, 1984

of the
Seventy-second House



since Statehood in 1845



"A"9



House of Representatives









MEMBERS OF THE HOUSE OF REPRESENTATIVES
1984-1986
[Democrats in Roman (77); Republicans in Italic (43)]
(as of Organization Session)
District District
1. Part of Escambia 25. Part of Marion
Thomas J. "Tom" Tobiassen, Cantonment Christian "Chris" Meffert, Ocala
2. Part of Escambia 26. Parts of Citrus, Marion
Virginia "Ginger" Bass, Pensacola Dick Locke, Inverness
3. Parts of Escambia, Santa Rosa 27. Parts of Lake, Marion, Putnam, Seminole,
Grover C. Robinson, III, Pensacola Volusia
Bobby Brantley, Longwood
4. Parts of Okaloosa, Santa Rosa Bobby Brantley, Longwood
Bolley L. "Bo" Johnson, Milton 28. Part of Volusia
Samuel P. Bell, III, Ormond Beach
5. Parts of Okaloosa, Walton
James G. Ward, Fort Walton Beach 29. Part of Volusia
T. K. Wetherell, Port Orange
6. Part of Bay
Ronald Clyde "Ron" Johnson, Panama City 30. Part of Volusia
Tom C. Brown, Port Orange
7. Holmes, Washington and parts of Bay, Jack- 31. Part of Brevard
so am ll, Veon Winston W. "Bud" Gardner, Jr., Titusville
Sam Mitchell, Vernon
8. Calhoun, Gadsden, Gulf and parts of Bay, 32. Part of BrevardSatellite Beach
Franklin, Jackson Dixie N. Sansom, Satellite Beach
James Harold Thompson, Quincy 33. Part of Brevard
Marilyn B. Evans-Jones, Melbourne
9. Liberty and parts of Franklin, Leon, Wakulla Marilyn B. Evans-Jones, Melbourne
Alfred J. "Al" Lawson, Jr., Tallahassee 34. Parts of Brevard, Orange, Seminole
10. Part of Leon Carl Selph, Casselberry
10. Part of Leon
Herbert F. "Herb" Morgan, Tallahassee 35. Part of Seminole
Arthur E. "Art" Grindle, Altamonte Springs
11. Dixie, Gilchrist, Jefferson, Lafayette, Levy,
Taylor and parts of Citrus, Marion, Wakulla 36. Parts of Orange, Seminole
Gene Hodges, Cedar Key Thomas B. "Tom" Drage, Jr., Orlando
12. Columbia, Hamilton, Madison, Suwannee 37. Part of Orange
Wayne Hollingsworth, Lake City Richard "Rich" Crotty, Orlando
13. Baker, Nassau, Union and parts of Bradford, 38. Partn, Orlandoof Orange
Duval Bruce McEwan, Orlando
George A. Crady, Yulee 39. Part of Orange
14. Part of Duval Fran Carlton, Orlando
14. Part of Duval
Carl Ogden, Jacksonville 40. Part of Orange
15. Part of Duval Alzo J. Reddick, Orlando
15. Part of Duval
Steve Pajcic, Jacksonville 41. Part of Orange
Daniel Webster, Orlando
16. Part of Duval
John Thomas, Jacksonville 42. Parts of Osceola, Polk
C. Fred Jones, Auburndale
17. Part of Duval
Corrine Brown, Jacksonville 43. Part of Polk
Richard E. "Rick" Dantzler, Winter Haven
18. Part of Duval
John W. Lewis, III, Jacksonville 44. Part of Polk
Charles T. Canady, Lakeland
19. Parts of Duval, St. Johns 45. Part of Polk
William G. "Bill" Bankhead, Jacksonville Beverly B. Burnsed, Lakeland
20. Part of Duval 46. Parts of Lake, Sumter
Thomas L. "Tommy" Hazouri, Jacksonville Everett A. Kelly, Tavares
21. Clay and parts of Bradford, St. Johns 47. Hernando and parts of Pasco, Sumter
Frances L. "Chance" Irvine, Orange Park Charles R. "Chuck" Smith, Brooksville



22. Flagler and parts of Putnam, St. Johns 48. Part of Pasco
Hamilton D. Upchurch, St. Augustine Raymond B. "Ray" Stewart, Zephyrhills
23. Parts of Alachua, Putnam 49. Part of Pasco
Sidney "Sid" Martin, Hawthorne John K. Renke, II, New Port Richey
24. Part of Alachua 50. Parts of Pasco, Pinellas
Jon L. Mills, Gainesville Peter M. "Pete" Dunbar, Crystal Beach









District
51. Part of Pinellas
Byron Combee, Clearwater
52. Part of Pinellas
Betty Easley, Largo
53. Part of Pinellas
Dennis L. Jones, Treasure Island
54. Part of Pinellas
Dorothy Eaton Sample, St. Petersburg
55. Part of Pinellas
Douglas L. "Doug" Jamerson, St. Petersburg
56. Part of Pinellas
Peter Rudy Wallace, St. Petersburg
57. Part of Pinellas
James Christopher Frishe, Pinellas Park
58. Part of Pinellas
T. M. "Tom" Woodruff, St. Petersburg
59. Part of Hillsborough
John A. Grant, Jr., Tampa
60. Part of Hillsborough
Mary Figg, Lutz
61. Parts of Hillsborough, Pasco
Carl Carpenter, Jr., Plant City
62. Part of Hillsborough
S. L. "Spud" Clements, Jr., Brandon
63. Part of Hillsborough
James T. "Jim" Hargrett, Jr., Tampa
64. Part of Hillsborough
Helen Gordon Davis, Tampa
65. Part of Hillsborough
Elvin L. Martinez, Tampa
66. Part of Hillsborough
Mark Gibbons, Tampa
67. Hardee and part of Manatee
Lawrence F. "Larry" Shackelford, Palmetto
68. Part of Manatee
Peggy Simone, Bradenton
69. Parts of Manatee, Sarasota
Harry Jennings, Sarasota
70. Part of Sarasota
James M. Lombard, Osprey
71. Parts of Charlotte, Sarasota
David L. "Dave" Thomas, Englewood
72. Parts of Charlotte, DeSoto, Lee
Vernon Peeples, Punta Gorda
73. Part of Lee
J. Keith Arnold, Fort Myers
74. Part of Lee
Fred R. Dudley, Fort Myers
75. Parts of Collier, Lee
Mary Ellen Hawkins, Naples



76. Glades, Hendry, Highlands and parts of Col-
lier, DeSoto, Okeechobee
Bert J. Harris, Jr., Lake Placid



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



103. Part of Dade
Michael Friedman, Miami Beach









District
104. Part of Dade
Barry Kutun, Miami Beach
105. Part of Dade
Alberto "Al" Gutman, Miami
106. Part of Dade
Jefferson "Jeff' Reaves, Sr., Miami
107. Part of Dade
James C. "Jim" Burke, Miami
108. Part of Dade
Willie Logan, Jr., Opa Locka
109. Part of Dade
Rodolfo "Rudy" Garcia, Jr., Hialeah
110. Part of Dade
Ileana Ros, Miami
111. Part of Dade
Roberto Casas, Hialeah
112. Part of Dade
Arnhilda Gonzalez-Quevedo, Coral Gables



District
113. Part of Dade
Luis C. Morse, Miami
114. Part of Dade
Elizabeth "Betty" Metcalf, Coral Gables
115. Part of Dade
Javier D. Souto, Miami
116. Part of Dade
Art Simon, Miami
117. Part of Dade
C. Thomas "Tom" Gallagher, III, Coconut Grove
118. Part of Dade
Dexter W. Lehtinen, Miami
(Rep. Lehtinen changed party affiliation from
Democrat to Republican on March 1, 1985)
119. Part of Dade
Lawrence R. "Larry" Hawkins, Miami
120. Monroe and part of Dade
Joseph B. "Joe" Allen, Jr., Key West



OFFICERS OF THE HOUSE OF REPRESENTATIVES
Speaker--James Harold Thompson Clerk--Allen Morris
Speaker pro tempore-Elaine Gordon Sergeant at Arms-Wayne Westmark














'f Te Jounjal F THE


CHouse of Represertatives



FIRST SPECIAL SESSION-"A" of 1984-1986



Number 1



Thursday, December 6, 1984



Journal of the House of Representatives for a Special Session of the Seventy-second House since Statehood in
1845, convened by Proclamation of the President of the Senate and the Speaker of the House of Representatives, and
held in the Capitol in the City of Tallahassee, in the State of Florida, on Thursday, December 6, 1984.



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

Prayer
Prayer was offered by Representative Tom Brown.

The following Proclamation was read:

THE FLORIDA LEGISLATURE

JOINT PROCLAMATION

TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE
AND THE FLORIDA HOUSE OF REPRESENTATIVES:
We, Harry A. Johnston, II, President of the Florida Senate, and James
Harold Thompson, Speaker of the Florida House of Representatives, by
virtue of the authority vested in us by Section 3, Article II, Florida
Constitution, and Section 11.011, Florida Statutes, do hereby proclaim:
1. That the Legislature of the State of Florida is convened in Special
Session pursuant to Section 3(c), Article III, Florida Constitution
and Section 11.011, Florida Statutes, at the Capitol in Tallahas-
see, Florida, at 10:00 A.M., on Thursday, the 6th of December,
1984, for a period of two consecutive days, ending at midnight,
Friday, December 7, 1984.
2. That the Legislature is convened for the sole and exclusive
purposes of consideration of the following matters:
1) Repeal of the unitary apportionment and reporting method for
the corporate income tax; enactment of related corporate
income tax measures.
2) Amendments to Chapter 83-310, Laws of Florida, relating to
the remittance of estimated sales tax.
3) Enactment of replacement revenue measures and implement-
ing legislation.

HARRY A. JOHNSTON, II
s President,
The Florida Senate
DATE: November 20, 1984



JAMES HAROLD THOMPSON
Speaker,
The Florida House of Representatives

DATE: November 20, 1984



SDuly filed with and received by the Florida
IN i Department of State this 20 day of No-
F V member, 1984 by:
So W GEORGE FIRESTONE

The following Members were recorded present:

The following Members were recorded present:



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones



Figg
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly



Kimmel
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson



Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



A quorum was present.

The following Proclamation was read:

PROCLAMATION

State of Florida
Executive Department
Tallahassee



1



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



W I










2



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

WHEREAS, the Legislature has been called into Special Session
commencing at 10:00 a.m., Thursday, December 6, 1984, pursuant to
Section 11.011, Florida Statutes; and

WHEREAS, child care and child abuse are of serious concern to the
citizens of Florida and there is need for substantive legislation within
such areas and a need for supplemental appropriations for unmet
needs in this area; and

WHEREAS, citrus canker disease continues to pose a threat to the
citrus industry and continued efforts are needed in research, eradica-
tion, indemnification and federal matching fund areas; and

WHEREAS, legislation is necessary to ensure the continued ability
of the state, counties, municipalities, special districts and other units
of local government to effectively bond monies and revenue distributed
under trust funds; and

WHEREAS, legislation is necessary to amend Chapter 84-373 Laws
of Florida to continue to provide funds for indigent health care; and

WHEREAS, it is in the best interest of the citizens of Florida that
these items be considered by the Legislature while it is in session;

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)(2), of the Florida Constitution, and Section 11.011,
Florida Statutes, do hereby proclaim as follows:

Section 1.
That the Legislature of the State of Florida has been convened in
Special Session, at the Capitol, Tallahassee, commencing at 10:00 a.m.,
Thursday, December 6, 1984 and extending through midnight, Friday,
December 7, 1984 by Joint Proclamation of the President of the Florida
Senate and the Speaker of the Florida House of Representatives.

Section 2.
That the Legislature of the State of Florida shall consider in addition
to the items set forth in the Joint Proclamation of November 20, 1984
the following matters:
1. Legislation amending Chapter 402, Florida Statutes, relating to
child care and providing for supplemental appropriations for child
care and child abuse.
2. Legislation relating to the research and eradication of citrus
canker, indemnification for certain private losses relating to
citrus canker eradication, and consideration of supplemental
appropriations relating to citrus canker.
3. Legislation amending Chapter 84-346, Laws of Florida (1984),
relating to the obligation of state trust funds for local government
and state government bonding purposes.
4. Legislation amending Chapter 84-373, Laws of Florida (1984),
relating to indigent health care.

Section 3.
This Proclamation shall supersede and amend the Proclamation of
the Governor dated November 21, 1984.

IN TESTIMONY WHEREOF, I have
ot shereunto set my hand and caused the
"Great Seal of the State of Florida to be
affixed to this proclamation, this 5th day
of December, 1984.
BOB GRAHAM
Governor



ATTEST:
GEORGE FIRESTONE
Secretary of State



December 6, 1984



Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of November 20 Organization Session was approved as
corrected.

Oath of Office
Representatives Pajcic and Shelley, because of public business, had
been prevented from attending the Organization Session. The Oath of
Office was administered to them by the Clerk, Dr. Allen Morris.

Introduction and Reference
By Representatives Lippman and D. L. Jones-
HB 1-A-A bill to be entitled An act relating to child care facilities;
amending s. 402.305, F.S.; requiring fingerprinting of facility person-
nel as a condition of licensure; providing for the processing of
fingerprints; providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.
By Representatives Gordon, Lippman, Bass, Wetherell, Burnsed,
Meffert, Mills, Burke, Gustafson, Carlton-
HB 2-A-A bill to be entitled An act relating to child care;
amending s. 402.301, F.S., providing legislative intent and expanding
state policy; amending s. 402.302, F.S., modifying and adding defini-
tions; amending s. 402.305, F.S., modifying licensing standards for
child care facilities to provide for screening and background checks and
for reasonable access; amending s. 402.306, F.S., requiring the
department and local licensing agencies to disseminate certain infor-
mation; amending s. 402.307, F.S., relating to approval of licensing
agencies; amending s. 402.308, F.S., relating to issuance of license, to
clarify; providing for monthly review of certain local licenses, zoning
approvals and variances, etc., to prevent the operation of unlicensed
facilities; amending s. 402.309, F.S., decreasing the period of time for
which provisional licenses may be issued and otherwise modifying
provisions relating thereto; amending s. 402.310, F.S., relating to
disciplinary actions, to clarify; amending s. 402.311, F.S., expanding
provisions relating to inspections; amending s. 402.312, F.S., expand-
ing provisions relating to injunctive relief; providing a penalty;
creating s. 402.3125, F.S., providing requirements as to display and
appearance of licenses; providing for development and distribution of
brochures to parents; requiring certification of compliance; providing a
penalty for noncompliance; specifying contents; providing for availabil-
ity of similar brochures to all interested persons; amending s. 402.315,
F.S., relating to funding, to clarify; creating the Child Care Facility
Trust Fund and specifying uses thereof; authorizing assessment of fees
from local licensing agencies; amending s. 402.316, F.S., relating to
exemptions; creating s. 402.318, F.S., prohibiting certain advertise-
ments; providing a penalty; providing for Sunset review and repeal;
providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Logan-
HB 3-A-A bill to be entitled An act relating to child abuse;
amending ss. 415.504 and 415.512, F.S.; exempting clergymen from the
requirement that child abuse be reported and specifying that commu-
nication to a clergyman with respect thereto is privileged; providing an
effective date.

Placed in the Committee on Rules & Calendar, the Speaker having
ruled the measure was outside the purview of the Call.
HB 4-A-Withdrawn

By Representative Arnold-



HB 5-A-A bill to be entitled An act relating to school district
personnel; amending s. 231.02, F.S., requiring certain noninstructional



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



personnel of the district school system to file their fingerprints for
state and federal processing; providing for costs; providing an effective
date.
Placed in the Committee on Rules & Calendar, the Speaker having
ruled the measure was outside the purview of the Call.

By Representative Gordon-
HB 6-A-A bill to be entitled An act relating to appropriations;
providing an appropriation to the City of North Miami of interest
earned on funds previously appropriated for construction of an athletic
stadium complex to be used in the construction of the project; providing
an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having
ruled the measure was outside the purview of the Call.

By Representative Rochlin-
HB 7-A-A bill to be entitled An act relating to child care;
amending s. 402.305, F.S., requiring child abuse registry checks by the
Department of Health and Rehabilitative Services as a prerequisite to
licensure or license renewal as a child care facility; providing an
effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Ward-
HB 8-A-A bill to be entitled An act relating to municipal elections;
prohibiting the holding of municipal elections on certain dates;
rescheduling such elections; providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having
ruled the measure was outside the purview of the Call.

By Representatives Webster and Brantley-
HB 9-A-A bill to be entitled An act relating to the citrus industry;
directing the Department of Agriculture and Consumer Services to
establish a program to reimburse citrus growers and nurserymen for
damage caused by the citrus canker disease; providing an appropria-
tion; providing an effective date.
Referred to the Committee on Appropriations.

By Representatives Burnsed and Morgan-
HB 10-A-A bill to be entitled An act relating to banking; creating
s. 658.296, F.S.; providing definitions; prohibiting certain control of
deposit-taking institutions; providing for administrative enforcement
by the Department of Banking and Finance; providing exemptions;
providing severability; providing for repeal; providing an effective
date.
Rep. Morgan moved that HB 10-A be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call.
The motion was agreed to by the required Constitutional two-thirds
vote and HB 10-A was read the first time by title and referred to the
Committee on Commerce.

By the Committee on Agriculture and Representatives Mitchell and
C. F. Jones-
HR 11-A-A resolution relating to citrus canker.
WHEREAS, citrus production in Florida is threatened by the
bacterial disease citrus canker, and
WHEREAS, unless citrus canker is eradicated in Florida with all
possible speed, its spread from infected plants in nurseries to mature
bearing citrus groves will drastically impair production of all citrus
trees, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of
Florida:



That it is imperative that state funds be provided both for
indemnification of nursery stock and grove resets and for eradication of



citrus canker by destruction of infected and exposed plants to prevent
the spread of the bacterium.
BE IT FURTHER RESOLVED that because of the statewide
economic impact of the citrus industry on the general economy of the
State of Florida, it is recommended by the House Committee on
Agriculture that funds be provided from the general revenues of the
State of Florida to accomplish this purpose.
Referred to the Committee on Agriculture.

By Representative Meffert-
HB 12-A-A bill to be entitled An act relating to child care;
amending s. 402.302, F.S.; defining "owner" and "child care personnel";
amending s. 402.305, F.S.; providing for adoption of additional
standards relating to education and training of child care personnel;
creating s. 402.3055, F.S.; defining "approved educational credentials"
requiring operators of child care facilities to meet certain education or
experience requirements by January 1, 1987; providing for initial and
continuing training of operators, employees, and volunteers; specifying
hours and areas of training; providing that such training shall be a
condition upon issuance and renewal of license; creating s. 402.318,
F.S.; prohibiting certain advertisements by child care facilities;
providing a penalty; providing for Sunset repeal and review; requiring
compilation of lists of resources available for training; providing for
distribution of same; providing effective dates.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representatives Figg and Carpenter-
HB 13-A-A bill to be entitled An act relating to the tax on sales,
use, and other transactions; amending s. 1, chapter 84-373, Laws of
Florida; specifying counties which may levy a discretionary additional
tax for indigent health care; providing an effective date.
Referred to the Committees on Finance & Taxation and Appropria-
tions.

By Representative Morgan-
HR 14-A-A resolution providing that the House Select Committee
on Citrus & Agricultural Funding and the House Select Committee on
Claims shall have the powers of a standing committee.
Be It Resolved by the House of Representatives of the State of
Florida:
That the House Select Committee on Citrus & Agricultural Funding
and the House Select Committee on Claims shall have the powers of a
standing committee of the House of Representatives.
-was read the first time by title. On motions by Rep. Morgan, the
rules were waived and the resolution was read the second time in full
and adopted.

By Representative Morgan-
HR 15-A-A resolution amending the Standing Order for Proce-
dures for Claims Bills.
Be It Resolved by the House of Representatives of the State of Florida:
That the Standing Order for Procedures for Claims Bills shall be
amended to read:
1. All claim bills referred to the House Select Committee on
Judiciary Claims shall be assigned to a House Special Master on
Claims, who shall conduct a hearing in accordance with the Rules of
the House of Representatives.
2. The Special Master shall provide notice of hearing at least ten
(10) days prior to hearing the claim bill.
3. Discovery procedures shall be governed by the Florida Rules of
Civil Procedure.



4. The Special Master shall administer an oath to all witnesses, and
shall preserve a recording of the proceedings. A party requesting
transcription of the Special Master's hearing shall bear the costs



3



December 6, 1984











4 JOURNAL OF THE HOUSE

thereof; however, such recording shall not be transcribed for distribu-
tion to the committee members except upon order of the Chairman of
the Select Committee on Judieiary Claims.
5. The Special Master shall prepare a final report, setting forth
findings of fact, conclusions of law, any collateral sources of recovery,
and the Special Master's recommendations based thereon, including a
reasonable claimant's attorney's fee, if appropriate.
6. The final report of the Special Master shall be submitted to the
Select Committee on Judieiary Claims.
7. Upon receiving the Special Master's report, the Chairman of the
Select Committee on Claims shall designate not less than three Members
of the House from geographic areas outside that in which the claims bill
arose to serve as members for the committee hearing.
87. Any objections to the Special Master's final report shall be
submitted in writing to the Select Committee on Judieiary Claims
prior to the committee hearing.
98. At the committee hearing the parties or their attorneys may
present summaries and argument; however, no additional testimony or
other evidence will be considered, and stipulations entered into by the
parties will not be binding on the committee.
109. The claimant, if represented by counsel, shall furnish the
committee with a verified statement of his fee arrangement including
the actual costs of perfecting the claim.
11-0. No Motion for Continuance of a committee hearing on a claim
bill due to absence of counsel for either party will be entertained.
1244. Any claim currently in litigation shall be postponed for
hearing until such time as all other legal remedies have been
exhausted, including any appellate proceedings.
13-2. Upon hearing, the Select Committee on Judiciary Claims shall
report a claim bill in the same manner as any other bill.
,-was read the first time by title. On motions by Rep. Morgan, the
rules were waived and the resolution was read the second time in full
and adopted.

By Representative Mitchell-
HB 16-A-A bill to be entitled An act relating to citrus canker;
appropriating moneys for the annual period beginning July 1, 1984,
and ending June 30, 1985, for purposes of matching federal expendi-
tures for the purpose of citrus canker eradication and indemnification;
supplementing appropriations made by chapter 84-220, Laws of
Florida; providing an effective date.
Referred to the Committees on Agriculture and Appropriations.

By Representatives Ogden and T. C. Brown-
HB 17-A-A bill to be entitled An act relating to taxation; repealing
s. 220.135, F.S., which provides special reporting requirements for
unitary business groups with respect to the corporate income tax;
amending s. 220.64, F.S.; correcting a reference; amending s. 220.14,
F.S., relating to exemptions, to delete reference to unitary business
groups; amending s. 220.03, F.S.; revising the definition of "unitary
business group"; revising provisions relating to certain elections
taxpayers may make; amending s. 220.13, F.S.; revising adjustments
applicable in computing adjusted federal income; amending s. 220.131,
F.S.; revising provisions relating to filing of consolidated returns by
members of affiliated groups; amending s. 220.13, F.S.; revising
subtractions applicable in computing adjusted federal income; amend-
ing s. 220.63, F.S., relating to the franchise tax on banks and savings
associations; including reference to certain subtractions; amending s.
214.71, F.S., relating to administrative provisions for designated
nonproperty taxes; revising provisions for determining when sales of
tangible personal property are in this state; amending s. 220.15, F.S.;
providing for refunds under certain conditions; amending s. 220.03,



F.S.; revising the definition of "nonbusiness income" and defining
"functionally related dividends"; amending s. 220.63, F.S., relating to
the franchise tax on banks and savings associations; revising calcula-
tion of the tax base; amending s. 220.03, F.S.; revising the definition of
"Internal Revenue Code"; creating s. 220.211, F.S.; providing a penalty



E



Appropriations.

By Representative Gordon-
HB 20-A-A bill to be entitled An act relating to statutes of
limitations; amending s. 775.15, F.S., as amended; specifying applica-



OF REPRESENTATIVES December 6, 1984

for filing an incomplete return; amending ss. 221.01, 221.02, 221.04,
and 220.03, F.S.; revising the expiration date of the emergency excise
tax; deleting provisions which authorize taxpayers to make certain
subsequent election with respect to applicability of the Internal
Revenue Code; amending s. 212.11, F.S.; revising provisions relating to
calculation and payment of estimated tax liability with respect to tax
on sales, use, and other transactions and providing for phased
reduction and repeal of the estimated tax liability percentage;
amending s. 212.12, F.S.; authorizing the Department of Revenue to
waive or compromise certain penalties with respect to estimated tax
payments; specifying conditions for application of said penalties to
consolidated returns; amending ss. 220.11 and 220.63, F.S.; increasing
the corporate income tax and franchise tax on banks and savings
associations; providing for review; amending s. 221.01, F.S.; increasing
the emergency excise tax rate; providing for recomputation of esti-
mated corporate tax due; providing specific and retroactive effective
dates.
Referred to the Committees on Finance & Taxation and Appropria-
tions.

By Representatives Ogden, Easley, Morgan, and Renke-
HB 18-A-A bill to be entitled An act relating to tax on sales, use,
and other transactions; amending s. 212.06, F.S.; providing that the
production of certain electric energy, steam energy, or other energy is
exempt from the imposition of such tax; providing a retroactive
effective date.
Rep. Ogden moved that HB 18-A be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call.
The motion was agreed to by the required Constitutional two-thirds
vote and HB 18-A was read the first time by title and referred to the
Committees on Finance & Taxation and Appropriations.

By Representatives Gordon, Lippman, Silver, Wetherell, Friedman,
Burnsed, R. C. Johnson, Mills, Morgan, Meffert, Rochlin, Metcalf,
Bass, Gustafson, Pajcic, Bell, Davis, Carlton, and Burke-
HB 19-A-A bill to be entitled An act relating to child care;
amending s. 402.301, F.S., providing legislative intent and expanding
state policy; amending s. 402.302, F.S., modifying and adding defini-
tions; amending s. 402.305, F.S., modifying licensing standards for
child care facilities to provide for screening and background checks and
for reasonable access; amending s. 402.306, F.S., requiring the
department and local licensing agencies to disseminate certain infor-
mation; amending s. 402.307, F.S., relating to approval of licensing
agencies; amending s. 402.308, F.S., relating to issuance of license, to
clarify; providing for reapplication upon change of ownership; provid-
ing for monthly review of certain local licenses, zoning approvals and
variances, etc., to prevent the operation of unlicensed facilities;
amending s. 402.309, F.S., decreasing the period of time for which
provisional licenses may be issued and otherwise modifying provisions
relating thereto; amending s. 402.310, F.S., relating to disciplinary
actions, to clarify; amending s. 402.311, F.S., expanding provisions
relating to inspections; amending s. 402.312, F.S., expanding provi-
sions relating to injunctive relief; creating s. 402.3125, F.S., providing
requirements as to display and appearance of licenses; providing for
development and distribution of brochures to parents; requiring
certification of compliance; providing a penalty for noncompliance;
specifying contents; providing for availability of similar brochures to
all interested persons; amending s. 402.315, F.S., relating to funding,
to clarify; amending s. 402.316, F.S., relating to exemptions; creating s.
402.318, F.S., prohibiting certain advertisements; providing a penalty;
creating s. 402.319, F.S., providing a penalty for specified conduct;
creating the Child Care Task Force; providing for membership,
meetings, and expenses thereof; providing for expiration of the task
force; providing for Sunset review and repeal; providing an effective
date.
Referred to the Committees on Health & Rehabilitative Services and













ability of statutes of limitations relating to certain sexual offenses;
providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having
ruled the measure was outside the purview of the Call.

Communications

Vetoed Bills
The following veto messages were received:



Honorable James Harold Thompson
Speaker, House of Representatives
Dear Mr. Speaker:



November 28, 1984



In compliance with the provisions of Article III, Section 8(b), of the
State Constitution, I am transmitting to you for consideration of the
House the following vetoed bills, 1984 Regular Session, with the
Governor's objections attached thereto:
HB 18 Relief of Paradise Groves
HB 252 Relating to state lands
HB 344 Relating to Dade County (relief act)
HB 382 Relief of Johnnie Mae Singleton
CS/HB 431 Relating to nursing homes and related health facilities
HB 475 Relating to chiropractic coverage in certain insurance
policies.
HB 572 Relating to towing of motor vehicles
HB 953 Relating to legislative standing and select committees
CS/HB 997 Relating to medical practitioners
HB 1012 Relating to land surveyors
HB 1302 Relating to educational facilities construction and fund-
ing (PECO)
Sincerely,
GEORGE FIRESTONE
Secretary of State



Honorable George Firestone
Secretary of State



June 21, 1984



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I hereby withhold my approval of and transmit to you with my
objections House Bill 18, enacted by the 1984 Regular Session, and
entitled:
An act for the relief of Paradise Groves a partnership; providing
an appropriation to compensate the partnership for losses incurred
as a result of the actions of the Game and Fresh Water Fish
Commission; providing an effective date.
This claims bill appropriates $12,567.46 for expenses incurred by
Paradise Groves as a result of the drawdown of Lake Tohopekaliga.
Incidental expenses incurred by a private party as a result of lawful
and proper action by the State should not be reimbursed. Lake
drawdowns undertaken by the Game and Fresh Water Fish Commis-
sion, the water management districts and the Army Corps of
Engineers are necessary to renovate and rejuvenate water bodies
which have become eutrophic because of unnatural water level
stabilization and nutrient runoff. This program, which began as a pilot
research operation on Lake Tohopekaliga, has become the primary
technique of restoring lakes.
While unique aspects to this case do exist, the reimbursement or
indemnification of expenses or costs because of lawful state actions is
not in the best interests of the State. Lake drawdowns will continue to
occur; indeed they would naturally occur were it not for the existence
of water control devices. Other programs which benefit the public as
well as protect and preserve public facilities and resources may from
time to time result in temporary inconvenience and expense. This
frequently occurs in road construction and maintenance projects.
Accordingly, for the state to reimburse those so affected who are able
to successfully obtain a claims bill is neither fair nor equitable. Ample
recourse exists through the courts for compensation which is justifi-
able.



5



Were this bill to become law, it would establish an unwise fiscal and
environmental policy and precedent. For the above reasons, I am
withholding my approval of House Bill 18, Regular Session of the
Legislature, commencing on April 3, 1984, and do hereby veto the
same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1984 Regular Session), together with
the Governor's objections thereto, was referred to the Select Committee
on Claims.


Honorable George Firestone June 14, 1984
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I hereby withhold my approval of and transmit to you with my
objections House Bill 252, enacted by the Eighth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular
Session of 1984, and entitled:
An act relating to state lands; providing legislative findings and
declaration; requiring the Board of Trustees of the Internal
Improvement Trust Fund to deed certain land to the San Antonio
Boys Village; providing that the land shall revert to the state if
not used as specified; providing an effective date.
This bill requires the Board of Trustees of the Internal Improvement
Trust Fund to deed certain described lands in Pasco County to the San
Antonio Boys Village.
Title to the land in question was acquired by the Trustees through
Chapter 420, Part III, Florida Statutes, the Florida Housing Land
Acquisition and Site Development Act of 1979. This section provides in
part that lands acquired in this manner that cannot be developed for
low or moderate income housing, be sold by the Trustees pursuant to
Chapters 253 and 270, Florida Statutes and the proceeds of such sale
be deposited in the Revolving Land Acquisition and Site Development
Trust Fund.
The deeding of this state owned land by the Trustees to the San
Antonio Boys Village without any consideration is clearly in conflict
with existing statutes and sets a precedent relative to future
dispositions of state-owned land that I feel is not in the best interest of
the state.
For the above reasons, I am withholding my approval of House Bill
252, Regular Session of the Legislature, commencing on April 3, 1984,
and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1984 Regular Session), together with
the Governor's objections thereto, was referred to the Committees on
Governmental Operations and Appropriations.


Honorable George Firestone June 14, 1984
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I hereby withhold my approval of and transmit to you with my
objections House Bill 344, enacted by the Eighth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular
Session of 1984, and entitled:
An act relating to Dade County; authorizing and directing the
county to compensate Raphael Espinosa for certain damages



suffered as a result of the negligence of the Metropolitan Dade
County Transit Authority; providing an effective date.



December 6, 1984



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



House Bill 344 provides $70,000 to pay an excess judgement for a
claim resulting from an accident which occurred between the claimant
and a Metropolitan Dade County bus.
In a jury trial, the claimant and his wife were awarded damages of
which $80,000 have been paid by Dade County.
In an attempt to avoid a constitutional issue related to the passage of
a local bill applicable solely to Dade County, the bill was amended to
provide that the $70,000 is to be appropriated from the State
Transportation Trust Fund and deducted from funds that would
otherwise have been allocated to Dade County in the Department's
five-year work program.
While there is little question regarding the legitimacy of this claim,
the precedent of utilizing State Transportation Trust Funds to pay a
claim against a local government cannot be justified.
A more appropriate recourse would be to pass the claim bill, if
justified, and allow the local government, through the judicial system,
to contest the constitutionality of the bill.
For the above reasons, I am withholding my approval of House Bill
344, Regular Session of the Legislature, commencing on April 3, 1984,
and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1984 Regular Session), together with
the Governor's objections thereto, was referred to the Select Committee
on Claims.



June 14, 1984



Honorable George Firestone
Secretary of State
Dear Mr. Secretary:



By the authority vested in nre as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I hereby withhold my approval of and transmit to you with my
objections House Bill 382, enacted by the Eighth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular
Session of 1984, and entitled:
An act for the relief of Johnnie Mae Singleton, and her husband,
Sterling F. Singleton; providing an appropriation to compensate
them for injuries and losses caused by the Department of
Transportation; providing and effective date.
The bill provides for the relief of Johnnie Mae Singleton of
Jacksonville for $100,000 from the Department of Transportation
funds for an incident which occurred in 1971 when the claimant
stepped on a manhole cover located in the middle of the sidewalk. The
cover gave way and she fell into the hole, sustaining injuries to her left
arm.
There has been no evidence presented that there is a legitimate
claim against the Department of Transportation from this incident.
This case was not tried by a court or presented to a jury. Also, the
report of the legislative masters in this case did not conclude that the
proximate cause of the injury was the negligence of the Department of
Transportation.
Further, Section 11.065(1), Florida Statutes, states that claims
against the state must be presented within four years after the cause
for relief accrued. As mentioned above, the incident which resulted in
the presentation of this claim occurred 13 years ago.
For the above reasons, I am withholding my approval clf ouse Bill
382, Regular Session of the Legislature, commencing on April 3, 1984,
and do hereby veto the same.
Sincere,.
BOB GRAHAM
Governor
.-and the above vetoed bill (1984 Regular Session), together with
i A:- G,'vernoe's objections thereto, was referred to the Select Coznmintee
on Claims.



June 22, 1984



Honorable George Firestone
Secretary of State



Dear Mr. Secretary:

By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I hereby withhold my approval of and transmit to you with my
objections Committee Substitute for House Bill 431 enacted by the
1984 Regular Session and entitled:

An act relating to nursing homes and related health care facilities;
amending s. 400.162, F.S.; specifying funds and property that must
be maintained in trust; providing for handling of funds and
property of deceased residents; amending ss. 400.402, 400.411, and
400.441, F.S.; providing definitions, providing for an applicant to
submit a 12 month projection of financial data; limiting the use of
mechanical restraints in licensed facilities; providing an effective
date.

This bill, as it relates to nursing homes and adult congregate living
facilities (ACLFs), is of a particularly sensitive nature for Florida.
Public policy in our state must guard the health, safety and economic
interests of persons who are at risk because of circumstances which
leave them unable to make decisions concerning their own welfare.
Few groups command our respectful attention more than the elderly
women and men in the many nursing homes and the burgeoning
numbers of ACLFs around Florida. We bear strong responsibility for
assuring that their surroundings are safe.

Several sections of this bill do exactly that. The legislation refines
current nursing home law to provide clearer procedures for handling
the property and personal funds of residents.

It addresses the question of records and reporting concerning the
supervision within ACLFs of self-administered medication. This bill
also prohibits the use of restraints which would deny or limit mobility.

The Department of Health and Rehabilitative Services and legisla-
tive committees have uncovered horrifying evidence of physical and
emotional damage done to ACLF residents who have been bound to
their beds or otherwise restrained. One purpose of congregate living
facilities is to allow senior citizens the dignity of independence.
Physical restraints not only deny that dignity, but can lead to serious
and debilitating health problems. It is critical that the state be
empowered to halt these abuses of our citizens when they occur; this
bill would assure state authority. Further, we must ensure that the
property of nursing home residents be handled responsibly for those
persons and their heirs; this bill sets forth requirements that would
assure proper handling of such property.

For these reasons, I had supported the original concept of this
legislation, and regret that I am unable to sign the bill into law.

My objections focus on language addressing fire safety codes for
nursing homes which was amended onto the bill.

This section unfortunately has the effect of weakening the state's
ability to prescribe and enforce new and stronger fire codes for ACLFs.
The obvious hazards of this provision outweigh the positive effects of
other sections of the legislation. I cannot sign into law a bill which
counter-balances its positive benefits with other provisions that pose a
potential threat to the health and safety of ACLF residents. The
amendments found in section 4 of the bill would permit any ACLF
licensed prior to July 1, 1984, to comply with only those local life
safety code requirements :nd building code standards which were in
effect at the time of licensure. Many of these local regulations merely
alopt dated national fire code standards which di, not adequately
.madress conditions necessary for the safe operation of ACLFs. The bill
would prevent the state applying new ard improved fire safety
standards to facilities licensed before July 1, 1984, except under
limited circumstances. While the grandfatheringg" of dated safety
standards may be of significant economic benefits to some ACLF
owners, it is an unacceptable risk to the health and safely of their
residents.



6



December 6, 1984










JOURNAL OF THE HOUSE OF REPRESENTATIVES



For the above reasons, I am withholding my approval of CS for
House Bill 431, Regular Session of the Legislature, commencing on
April 3, 1984, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1984 Regular Session), together with
the Governor's objections thereto, was referred to the Committee on
Health & Rehabilitative Services.



June 14, 1984



Honorable George Firestone
Secretary of State



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I hereby withold my approval of and transmit to you with my
objections House Bill 475, enacted by the Eighth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular
Session of 1984, and entitled:
An act relating to insurance; amending s. 627.419, F.S., requiring
chiropractic coverage in certain insurance policies, plans, and
contracts; amending s. 110.123 (5) (a), F.S., relating to payments
to chiropractic physicians under the State Group Insurance
Program Law; providing an effective date.
This bill mandates that all health insurance policies, health care
services plans and other such contracts for the payment of medical
expense benefits or procedures include chiropractic coverage as an
integral part of the benefit structure.
This requirement raises several significant barriers to the attempts
by both public and private sectors in Florida to control rising health
care costs. Mandatory coverage of chiropractic care is likely to increase
overall health care costs, and is certain to increase health insurance
costs for persons who currently have no chiropractic coverage.
The State Group Insurance Plan experience indicates the possible
negative impact of this legislation on health care costs generally.
Under the state insurance program, 10,270 persons have opted for or
automatically receive chiropractic coverage, while 68,590 persons have
no such coverage. Statistics show that, during the 1982-83 fiscal year,
persons in that first group submitted non-chiropractic claims totalling
37 percent less than claims submitted by the second group; yet total
health care claims-chiropractic and non-chiropractic-for the first
group were 53 percent higher.
One effect of this bill would be that much of the cost of chiropractic
coverage would shift to non-users and perhaps to employers, through
increased health insurance premiums. Most cruelly, health insurance
costs would climb for retirees; for example, the increase would be
anywhere from $30 to $125 yearly for state retirees, a group in which
only 395 of more than 7,000 now opt for chiropractic coverage.
Some attempt was made in the legislation to limit claims by state-
covered chiropractic patients. The bill states, somewhat ambiguously,
that such payments shall be limited to "$400 annually or 28 office
visits annually whichever limitation results in the lesser payment of
insurance benefits." The $400 cap is about one-third again greater
than the average state chiropractic payout per person covered in fiscal
year 1982-83. Thus, the estimated additional cost to the state of such
law would be about $3.5 million each year, a reflection of both probable
increased utilization due to increased availability of coverage and the
shifting of costs from employees to the State.
This legislation also interferes unfairly in private business by
requiring every small business owner in Florida who offers insurance
to employees to add chiropractic coverage. Most large group insurance
plans already include this coverage and thus would be unaffected by
the mandate. However, the number of smaller employers who offer
employee pay-all options, as the State does, is unknown. As with the
State, the cost of health insurance benefits would increase for these
small employers, possibly resulting in an overall reduction of health
insurance benefits they provide.



The absence of this legislation from Florida Statutes does not
interfere with an individual's ability to receive chiropractic coverage, if
it is desired. Under present law, a person covered by the health
insurance policies addressed may request and receive chiropractic
coverage, at no cost to the other employees. This bill would result in all
employees under a group plan-whether or not they use chiropractic
services-bearing the cost of coverage.
Finally, health maintenance organizations may be negatively af-
fected by this bill. Chapter 641, Florida Statutes, exempts these
organizations from laws governing the insurance industry and, to my
knowledge, only one HMO in Florida offers chiropractic services.
However, the words in this bill "Notwithstanding any other provision
of law" would appear to subject HMOs to the chiropractic requirement,
thus negatively affecting their cost-containment efforts.
For the above reasons, I am withholding my approval of House Bill
475, Regular Session of the Legislature, commencing on April 3, 1984,
and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1984 Regular Session), together with
the Governor's objections thereto, was referred to the Committees on
Health Care & Insurance and Appropriations.

Honorable George Firestone June 14, 1984
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I hereby withhold my approval of and transmit to you with my
objections House Bill 572, enacted by the Eighth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular
Session of 1984, and entitled:
An act relating to towing; amending s. 125.01, F.S.; providing for
the regulation of vehicles for hire; amending ss. 125.0103 and
166.043, F.S., providing that local governments may enact certain
ordinances relating to towing; amending s. 715.07, F.S., prohibit-
ing the towing or removal of a vehicle from a municipality under
certain circumstances; authorizing municipalities and counties to
require licenses for persons engaged in the business of removal
and towing of vehicles; authorizing municipalities and counties to
regulate the rates and methods of towing, removal, and storage of
vehicles; providing a penalty; providing an exception; providing
that if a stolen rental or lease vehicle is towed from private
property, the owner or its agent shall not be charged storage fees
for a certain time period; providing an effective date.
While most of House Bill 572 concerns towing, the bill contains an
amendment of Section 125.01, Florida Statutes, through which home
rule chartered counties would be authorized to regulate and control
entry into the market and prices in the taxicab, jitney, limousine and
car rental businesses. This bill is inconsistent with the standards in
the regulatory Sunset Act, Section 11.61, Florida Statutes, which
require a determination as to whether regulation is required in the
public interest. House Bill 272 would have the effect of imposing
regulations on a business without the requisite necessity to protect the
health, safety or welfare of the public. Furthermore, the amendment to
Section 125.01 would unreasonably and adversely affect the competi-
tive market in violation of Section 11.61.
In 1976, under the Regulatory Sunset Act, Chapter 323 of the
Florida Statutes was repealed effective July 1, 1980. Repealed Section
323.052 authorized chartered counties to regulate taxicabs subject to
limitations not contained in House Bill 572. House Bill 572 revives and
expands this authorization and extends it into the car rental business,
an area of the economy which has traditionally not been subjected to
regulation by local government.



Recent changes in federal law following the United States Supreme
Court's 1982 decision in Community Communications, Inc. v. City of
Boulder, Colorado place emphasis upon each State's policy with respect



7



December 6, 1984










JOURNAL OF THE HOUSE



to competition or regulation. If such regulation is to be enacted,
Florida's policy should be determined on a comprehensive basis by the
State, not delegated to local governments on a piecemeal basis. The
recent positive experience with deregulation in Jacksonville, where
neither entry into the taxicab business nor taxicab prices is controlled
except for safety and consumer protection standards, parallels success-
ful deregulation in other areas throughout the United States. These
examples are described in a May 1984 Economic Analysis of Taxicab
Regulation report of the Bureau of Economics, Federal Trade Com-
mission. This evidence suggests that Florida's consumers would not be
well served by this legislation and that fares would rise rather than
fall in the wake of such regulation.
Florida has been a leader in the national trend toward deregulation.
If Florida is to reverse direction, and move toward more rather than
less regulation, and more rather than less interference with free
market forces, it should do so only after careful examination of the
policy issues on a comprehensive statewide basis.
For these reasons, I am withholding my approval of House Bill 572,
Regular Session of the Legislature, commencing on April 3, 1984, and
do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1984 Regular Session), together with
the Governor's objections thereto, was referred to the Committee on
Community Affairs.



Honorable George Firestone
Secretary of State



June 14, 1984



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I hereby withhold my approval of and transmit to you with my
objections House Bill 953, enacted by the Eighth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular
Session of 1984, and entitled:
An act relating to legislative organization, procedures, and
staffing; repealing s. 11.142, F.S., which sets procedures for
standing and select committees; providing an effective date.
House Bill 953 repeals Section 11.142, Florida Statutes, which states
that "each standing committee and each select committee shall meet at
such times as it shall determine and shall abide by the general rules
and regulations adopted by its respective house to govern the conduct
of meetings by such committees."
The effect of House Bill 953 would be to jeopardize the public's right
to observe and participate fully in the legislative process. In our
democracy, citizen involvement is fundamental to the freedom we
cherish; any threat to openness in government abridges that freedom.
Florida's landmark open government laws clearly indicate that it is
the policy of this state that all meetings of public officers at which
official actions are to be taken shall be open to the public. Exceptions
to this open meetings policy should be made only where there is
overriding and compelling evidence that it is in the public interest to
do so, and in a manner which is strictly limited to achieve that specific
public purpose. This measure does not meet that test.
Section 11.142 requires the legislature to follow its own rules. It was
adopted for the apparent purpose of providing for interim committee
meetings and the retention of full time legislative staff, following the
1968 revision of the state Constitution.
One argument for repeal of this section is that by a Constitutional
grant of power, the Legislature may make its own internal rules of
procedure, that it has done so since this section was adopted, and that
such procedures-under the separation of powers doctrine-should not
be subject to judicial review.
However, if the central concern here were one of separation of
powers and the inappropriateness of judicial review of the Legislature's
internal procedures, it would be logical to seek repeal of the many



OF REPRESENTATIVES December 6, 1984

other sections of Chapter 11 which govern internal operating proce-
dures of the Legislature.
Instead, this repeal is directed at resolving a particular legislative
concern regarding open committee meetings and a legal challenge to
closed conference committee proceedings. That challenge relies, in
part, upon this statute in conjunction with legislative rules requiring
committee meetings to be open to the public. This court case seeks to
open certain legislative meetings to the public and is now pending
before the Second Judicial Circuit Court, with a related action pending
before the Florida Supreme Court. The judicial process should proceed
uninterrupted.
For the above reasons, I am withholding my approval of House Bill
953, Regular Session of the Legislature, commencing on April 3, 1984,
and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1984 Regular Session), together with
the Governor's objections thereto, was referred to the Committee on
Judiciary.



June 14, 1984



Honorable George Firestone
Secretary of State



Dear Mr. Secretary:
By authority vested in me as Governor of Florida, under provisions
of Article III, Section 8, of the Constitution of the State of Florida, I
hereby withhold my approval of and transmit to you with my
objections Committee Substitute for House Bill 997 enacted by the
Eighth Legislature of Florida under the Florida Constitution, 1968
Revision, during the Regular Session of 1984, entitled:
An act relating to medical practitioners; amending ss. 458.331,
459.015, 461.013, 462.14, and 446.028, F.S., providing for the
prescribing, ordering, dispensing, administration, supplying, sell-
ing or giving of certain drugs by physicians, osteopathic physic-
ians, or naturopaths for the treatment of severe idiopathic edema
syndrome; providing that the prescribing, procuring, ordering,
dispensing, administering, supplying, selling, or giving of certain
drugs to or for any person, for the purpose of muscle building or to
enhance athletic performance, shall be grounds for suspension or
revocation of licensure as a physician, osteopathic physician,
podiatrist, naturopath, or dentist, and for issuance of a reprimand,
restriction of practice, or imposition of a fine; providing for a
presumption of legitimacy; amending s. 458.303, F.S., exempting
the administration of nondental anesthesia by certain dentists
from the practice of medicine; providing an effective date.
This bill addresses two subjects. Its original concern related solely to
the dangerous use of anabolic steroids to enhance athletic performance
or body building. Most of the bill, therefore, concentrates upon the
prohibition for licensed physicians, osteopathic physicians, podiatrists,
naturopaths or dentists to prescribe, order, administer, supply, sell or
give such drugs for the purpose of body building or the enhancement of
athletic performance. The drugs specifically targeted include growth
hormones, testosterone or its analogs and human chorionic gonadotro-
pin (HCG).
The second subject of the legislation was added on the floor of the
Senate, without having gone through the regular legislative committee
process. As amended, the bill also allows administration of non-dental
anesthesia by a Florida-licensed dentist who has completed a residency
in anesthesiology at a school of medicine approved by the State Board
of Medical Examiners.
All evidence indicates that the use of anabolic steroids for strictly
athletic purposes is a growing social problem. Although their long-
term effects may be accelerated performance and aesthetic improve-
ment because of the increased ability to enlarge muscle mass, more
dangerous side effects can also be identified. They include liver cancer
and various liver disorders, male and female sterility and assorted
blood problems. When used in this way by teenagers or other young
people whose growth process has not ended, these drugs may lead to










JOURNAL OF THE HOUSE



stunting or loss of height. For these reasons, I supported the original
concept of the bill; and I am disappointed that I cannot sign this
significant safeguard into law this year.
My reservations about the bill are focused on the amendment that
would allow certain dentists with additional training in anesthesiology
to practice non-dental anesthesia.
Anesthesia, or the practice of "conscious sedation," is one of the most
complex fields of medical practice, traditionally ranking first or second
in malpractice insurance rates in every state in the nation. In Florida,
total claims have dropped in recent years, due to a stringent effort by
the profession and its regulators, but the severity of claims filed
remains the highest among all medical insurance classes. In lay terms,
bungled anesthesia may take the highest toll of all: Death or lifetime
impairment.
In anesthesiology, as in all other health professions regulated by the
State, several issues must be considered. The most paramount,
obviously, is that of the health and safety of patients, but the State
also bears a responsibility for the economic impact of regulation.
Health care costs must not be driven up unnecessarily because
competition is unreasonably restricted to only a portion of those
individuals capable of safe and effective practice.
Both health safety and economic issues need to be studied systemati-
cally in regulatory decisions about widening or narrowing scopes of
practice. Before I could sign into law any legislation opening this
delicate area of practice to persons previously unlicensed for the
purpose, I must be satisfied that numerous questions have been
systematically addressed and answered by the Legislature. Such
questions should include:
-Whether dentists trained as provided under this bill could
perform anesthesia with competence equal to that of a medically
trained anesthesiologist.
-Whether there is reasonable evidence to believe that health and
safety risks would increase if this scope of practice were added to
Florida law.
-What would be the appropriate procedure for certification,
oversight and discipline by the Department of Professional
Regulation for such practitioners.
For the above reasons, I am withholding my approval of Committee
Substitute for House Bill 997, Regular Session of the Legislature,
commencing on April 3, 1984, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1984 Regular Session), together with
the Governor's objections thereto, was referred to the Committee on
Regulatory Reform.



Honorable George Firestone
Secretary of State



June 14, 1984



Dear Mr. Secretary:
By authority vested in me as Governor of Florida, under provisions
of Article III, Section 8, of the Constitution of the State of Florida,
I hereby withhold my approval of and transmit to you with my
objections House Bill 1012, enacted by the Eighth Legislature of
Florida under the Florida Constitution, 1968 Revision, during the
Regular Session of 1984, entitled:
An act relating to land surveyors; amending s. 472.017, F.S.,
providing for mandatory continuing education prior to license
renewal; s. 472.013 (2) (d) is repealed; providing effective dates.
This bill provides for the Board of Professional Land Surveyors to
adopt rules mandating completion of at least 12 classroom hours per
year of continuing education as a condition of license renewal, effective
July 1, 1987. Additionally, the legislation repeals a provision of
current law which establishes a high school education and eight years
of related, supervised experience as sufficient to meet certain eligibili-
ty requirements for licensure. This change, which would take effect in



December 6, 1984



June 14, 1984



Honorable George Firestone
Secretary of State



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I hereby withhold my approval of and transmit to you with my
objections House Bill 1302 enacted by the Eighth Legislature of
Florida under the Florida Constitution, 1968 Revision, during the
Regular Session of 1984, and entitled:
"An act relating to educational facilities construction and funding;
authorizing specified acquisitions and authorizing and providing
funding for specified public education capital outlay projects and
planning therefore; amending s. 1(3) (a), chapter 82-240, Laws of
Florida; deleting a payback requirement for Chipola Junior
College; providing an effective date."
The decision to veto the Public Education Capital Outlay (PECO)
Bill has been made after thoughtful consideration of the immediate
and long-term implications.
Department of Education officials have informed me that appropria-
tions from the PECO Bill will not be available for distribution until
March of 1985. This delay is caused by a vote in November of 1984 on a
constitutional amendment which will extend the funding authority for
this program. If successful, this extension of funding authority will be
subject to judicial validation.
Should the constitutional amendment fail, the Legislature should
have the opportunity to reassess the State's total effort to fund the
capital needs of public education.



OF REPRESENTATIVES 9

1994, would increase educational requirements for new licensees to the
associate of arts or bachelor's degree level.
The Regulatory Reform Act of 1976 makes clear the intent of the
Legislature concerning state regulation. That law establishes that no
profession, occupation, business, industry or other endeavor should be
subject to the state's regulatory power unless the exercise of such
power is necessary to protect the public health, safety or welfare from
significant and discernible harm or damage. The exercise of the state's
police power should be used only to the extent necessary for that
purpose.
Additionally, the state bears a responsibility for the economic impact
of regulation. Costs must not be driven up unnecessarily because
competition has been unreasonably restricted to only a portion of those
individuals capable of safe practice.
The continuing education section of this bill would satisfy a valid
regulatory concern that licensed land surveyors in Florida remain up
to date regarding new standards of rule and newly developed
techniques.
However, the elimination of experience-based entrance into the field
appears unnecessarily restrictive. All applicants for licensure-wheth-
er college-trained or experienced under the section slated for repeal-
must pass an examination covering fundamentals, principles and
practice of land surveying. While there is a slightly lower passing rate
among those qualifying by experience, most of these candidates do
pass. Furthermore, no evidence exists that complaints and disciplinary
actions result proportionately more often against experience-based
licensees than against those with college training. More than 80
percent of current licensees originally qualified by experience. No
convincing arguments have been presented to abolish this traditional
means of entry into the field.
For the above reasons, I am withholding my approval of House Bill
1012, Regular Session of the Legislature, commencing April 3, 1984,
and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1984 Regular Session), together with
the Governor's objections thereto, was referred to the Committee on
Regulatory Reform.









10



The policy implications of House Bill 1302 are very serious and, in
my judgment, fail to address the priority needs of Florida education.
Florida's public schools are in the midst of a renewed surge of
enrollment. The actual and projected full time equivalent enrollments
for Florida's K-12 program are:



December 6, 1984



education goal or thrust the funding burden back on the school
districts.
Conversely, projects funded "off the top" or before the application of
distribution formulas to the school districts, community colleges and
state universities, have increased significantly.



School
Year
1977-78
1978-79
1979-80
1980-81
1981-82
1982-83
1983-84
1984-85
1985-86
1986-87
1987-88
1988-89
1989-90
1990-91
1991-92
1992-93
1993-94
1994-95



FTE Increase/(Decrease)
Enrollment Over Prior Years
1,553,382
1,540,286 (13,096)
1,540,466 180
1,537,951 (2,515)
1,523,028 (14,923)
1,528,271 5,243
1,533,909 5,638
1,553,108 19,199
1,572,879 19,771
1,594,127 21,248
1,616,156 22,029
1,635,681 19,525
1,657,048 21,367
1,689,619 32,571
1,720,178 30,559
1,761,696 41,518
1,803,446 41,750
1,848,599 45,153



Percent
Increase/(Decrease)
Over Prior Years

(0.8)
0.0
(0.2)
(1.0)
0.3
0.4
1.3
1.3
1.4
1.4
1.2
1.3
2.0
1.8
2.4
2.4
2.5



In addition to meeting total enrollment requirements, the Legisla-
ture has committed Florida to important education reforms. Many of
these reforms have capital outlay requirements.
For example, by the 1986-87 school year, all graduating seniors must
have completed three years of science instruction, with a laboratory
science course. It is estimated that the cost of constructing and
equipping Florida high schools with sufficient laboratory facilities to
meet this graduation requirement will be in excess of $50,000,000.
My recommendations for appropriations from the Public Education
Capital Outlay and Debt Service Trust Fund to the public school
districts total $131,645,443, including a $5,000,000 appropriation from
the General Revenue Fund to augment $11,000,000 in PECO funds for
secondary school science facilities. The sum of the appropriations found
within this bill for public school districts total only $88,384,120, an
amount that I feel is insufficient to allow districts to maintain present
facilities and provide new facilities to meet requirements placed on
them by enrollment growth and curriculum reform.
The public school allocation has been a declining portion of total
PECO funds available.

K-12 New Construction and Maintenance and Repair Allocations
Compared to the Total PECO Appropriation



Total PECO
Allocation*
161,100,000
160,000,000
144,900,000
199,852,671
207,282,484
174,263,291
201,170,316
223,501,907
185,243,575



K-12
New Construction
and Maintenance
Allocations
102,529,360
90,558,768
82,890,613
130,229,582
114,125,123
91,304,559
92,160,520
125,596,418
88,384,120



K-12
New Construction
and Maintenance
as a % of Total
63.64
56.60
57.21
65.16
55.06
52.39
45.81
56.19
47.71



"*New Construction and Maintenance funding for public schools,
community colleges and state universities and "off the top" projects.
In addition, this bill limits the allocation to secondary school science
facilities to $10,000,000, which is $6,000,000 below our recommenda-
tion. Failure to accelerate State funding will frustrate a major



School
Year
1976-77
1977-78
1978-79
1979-80
1980-81
1981-82
1982-83
1983-84
1984-85



"Off the Top" Funding for PECO Projects
Compared to the Total PECO Appropriation
"Off the Top"
Total PECO "Off the Top" Funding as
Allocation Funding a % of Total
161,100,000 8,040,334 4.99
160,000,000 5,572,230 3.48
144,900,000 6,405,908 4.42
199,852,671 8,306,828 4.16
207,282,484 6,200,900 2.99
174,263,291 6,091,682 3.50
201,170,316 13,720,763 6.82
223,501,907 18,727,039 8.38
185,243,575 36,618,873 19.77



While many of these projects are worthy, their collective scale has
distorted education priorities away from the public school at the time
when Florida's elementary and secondary needs are burgeoning.
Citizens concerned with the future of public education in Florida,
particularly members of the Legislature, have important responsibili-
ties before them in the next months.
It is imperative that we provide all citizens with the information
necessary to assure successful passage of the public education capital
outlay constitutional amendment in November.
With public support, we must reassess the policies which are utilized
in distributing these public funds, including:
The type, extent, conditions and priorities of "off the top" projects.
The appropriateness of existing methodologies to evaluate unmet
needs by the various sectors of public education.
The extent to which PECO and other State sources, rather than
local property taxes, should be the basis for funding elementary
and secondary capital outlay.
The capital outlay requirements of current or contemplated
public education reforms.
This will be a year of challenge and thoughtful consideration. I look
forward to working with the Legislature toward these constructive
ends.
For the above reasons, I am withholding my approval of House Bill
1302, enacted during the Regular Session of 1984, commencing on
April 3, 1984, and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1984 Regular Session), together with
the Governor's objections thereto, was referred to the Committee on
Appropriations.

Honorable James Harold Thompson December 5, 1984
Speaker, House of Representatives
Dear Mr. Speaker:
In compliance with the provisions of Article III, Section 8(b), of the
State Constitution, I am transmitting to you for consideration of the
House the following bill, 1984 Regular Session, with the Governor's
objections attached thereto:
House Bill No. 1300 (Chapter 84-220, Laws of Florida).
We understand that the original law will be returned to this office
following any legislative action which may be taken on the vetoec
portions.
Sincerely,
GEORGE FIRESTONE
Secretary of State



JOURNAL OF THE HOUSE OF REPRESENTATIVES



School
Year
1976-77
1977-78
1978-79
1979-80
1980-81
1981-82
1982-83
1983-84
1984-85









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Honorable George Firestone June 14, 1984
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval of portions of House Bill
1300, enacted by the Eighth Legislature of Florida under the Florida
Constitution, 1968 Revision, during the Regular Session of 1984, and
entitled:

"An act making appropriations: providing moneys for the annual
period beginning July 1, 1984, and ending June 30, 1985, to pay
salaries, other expenses, capital outlay-buildings and improve-
ments, and for other specified purposes of the various agencies of
State government; providing an effective date."
I have reviewed House Bill 1300, the General Appropriations Act,
and on balance find it to be a valid and carefully crafted plan for State
operations during FY 84-85. Although in general I support the
Legislature's finished product, there are nevertheless items which I
feel are inappropriate or not in keeping with State priorities.
Several trends have resurfaced in House Bill 1300 that require
mention in this veto message. One trend of concern is the pattern
evident in the case of several appropriations items, in which the
accompanying explanatory language associated with the item is not
descriptive of the actual appropriation. Only through extensive
additional research is one able to discern the real purpose. As an
example, item 1556A, discussed on page 6, relates to art grants. There
is no explanation of what this appropriation is for or where it actually
is intended to go. This lack of clarity makes it difficult for the members
of the Legislature, the executive branch, and the general public to
appreciate the actual purpose. In future appropriations bills I would
respectfully urge the Legislature to clearly enunciate the purpose
behind each item.
A second trend of concern is the lack of legislative adherence to an
overall policy framework in certain program areas. There is no doubt
that there is a legitimate public interest for the State to participate in
funding art programs or parks and recreation projects for example.
Unfortunately, in an era of limited resources, it is imperative that an
open and rational process be used to identify which projects are
selected and under what conditions. In those instances where procedur-
al steps exist to select and set priorities, these should be followed.
Where they are not in place, appropriate procedures should be
established. Items 1676A, 1676B and 1679A are instances of not
utilizing established decision-making methods.
For these reasons and others that are specifically articulated below, I
am withholding my approval of certain items in House Bill 1300.
Specific Appropriation 29A on page 4 appropriates $30,000 in
1984-85 from the General Revenue Fund for an environmental impact
study needed to apply for federal matching funds to construct a
state-operated domiciliary home for veterans. Receipt of these federal
funds will require a substantial commitment of State funds for
construction and operation of the home. No information is available to
accurately determine the level of future operating costs nor is there a
policy to support expenditure of State funds to provide residential
services exclusively for veterans. A decision to move forward on a
project of this scope should be made in the context of an overall
assessment of the needs of the elderly and handicapped citizens in the
State. Such a study will soon be underway and I expect the study to
address this question. Therefore, Specific Appropriation 29A and the
following proviso on page 4, which reads as follows, are hereby vetoed:
"29A Special Categories
Environmental Impact Study
From General Revenue Fund 30,000"
"In addition to funds in Specific Appropriation 29A, all depart-
ments shall, upon request of the Secretary of Administration, and
within the agencies' existing budgets, provide assistance and
support to the Department of Administration in the preparation of



environmental impact studies, site plans, architectural plans and
other studies required for completion of the application for a



veterans' domiciliary care facility directed by Chapter 83-227,
Laws of Florida."

Specific Appropriation 322A beginning on page 35 appropriates
$150,000 in 1984-85 from the General Revenue Fund for the estab-
lishment of a joint chiropractic program between the National
Chiropractic College and a college or university in Florida. This item
was not included in the agency's legislative budget request and there is
no evidence of unmet need for chiropractic services in Florida.
Therefore, Specific Appropriation 322A and the accompanying proviso
language on pages 35 and 36, which reads as follows, are hereby
vetoed:

"322A Special Categories
College of Chiropractic
From General Revenue Fund 150,000"
"Funds provided in Specific Appropriation 322A are a one-time
appropriation solely for the purpose of assisting the cooperative
efforts of the National Chiropractic College in establishing a joint
chiropractic program with a college or university in Florida.
Matching funds shall be provided prior to the receipt of any state
funds."

Specific Appropriation 353A on page 41 appropriates $250,000 from
the General Revenue Fund for research by the University of Miami on
AIDS. This item was not included in the agency's legislative budget
request. Additionally, the Center for Disease Control in Atlanta,
Georgia, is conducting research on AIDS through federal funding for
the benefit of all states. Therefore, Specific Appropriation 353A on
page 41, which reads as follows, is hereby vetoed:

"353A Special Categories
Univ. of Miami Research Aids
From General Revenue Fund 250,000"

The proviso language on page 57 pertaining to Specific Appropria-
tion 412 contains $10,000,000 from the Working Capital Fund. This is
a duplicate appropriation. Therefore, the specific appropriation of
$10,000,000 referred to in the proviso on page 57, which reads as
follows, is hereby vetoed:

"In the event (b) and (c) requires more than $67,000,000,, up to
$10,000,000 from the Working Capital Fund shall be used for this
program. If the funds available for this program are not sufficient
to provide the authorized amount per student, the funds shall be
prorated."

Specific Appropriation 1585C on page 208 transfers $450,000 from
the Department of Transportation Working Capital Trust Fund to the
Department of Education. Specific Appropriation 505A on page 80
appropriates $450,000 and five positions in 1984-85 to the Department
of Education for the Florida Center of Transportation-Technology
Research. The proviso language in the paragraph which begins on page
85 and ends on page 86 delineates the objectives of the Center. In 1972
the Board of Regents established an interdisciplinary Transportation
Research Center (TRC) at the University of Florida. TRC has
completed considerable research and currently has contracts pending.
All of the TRC's work has been conducted without direct support from
the Legislature. Any studies desired by the Legislature may be easily
contracted with the existing TRC. Furthermore, the University of
North Florida also has a transportation study center which engages in
related research. The addition of a third program in the absence of a
coordinated systemwide plan seems redundant. I am of the opinion
that the Board of Regents and the Department of Transportation
should coordinate their efforts and jointly recommend a strategy for
funding transportation research activities. This strategy should resolve
the current conflict between funding sources. Finally, revenue collec-
tions available to the Department of Transportation are below the
earlier estimates and the use of $450,000 for this purpose would
further impair the department's ability to complete its mission.
Therefore, Specific Appropriation 505A on page 80, the proviso in the
paragraph which begins on page 85 and ends on page 86, and Specific



Appropriation 1585C on page 208, which read as follows, are hereby
vetoed:



December 6, 1984



11









JOURNAL OF THE HOUSE OF REPRESENTATIVES



"505A Lump Sum
Florida Center of Transportation-
Technology Research

From State Transportation (Primary)
Trust Fund



changes that negate these earlier conclusions. Therefore, Specifi
Appropriation 1421 on page 189, which reads as follows, is hereb3
vetoed:



Positions 5

450,000



"1421 Expenses
From Erosion Control Trust Fund



"The Center for Transportation Technology Research, University
of South Florida, Specific Appropriation 505A, shall have as its
major objectives: (1) evaluation of technical policies, management
policies, plans, programs, methodologies, equipment, and materi-
als; (2) prevention of future crises through timely identification of
problems and development of solutions; (3) research to solve state
transportation problems using current technology and developing
new technology. The studies shall be completely independent of all
Florida Department of Transportation directed research efforts. No
instruction shall be undertaken by the Center.



"1585C Lump Sum
Transfer to DOE for Center for
Transportation Technology Research
From Working Capital Trust Fund



450,000"



Proviso language associated with Specific Appropriation 511 on page
81 provides $48,000 in General Revenue Dollars for the University of
Miami for the affiliated program for developmental psychology. The
Southeast Florida program development budget request plan ties the
funds for the University of Miami Developmental Psychology program
to assistantships. Similar assistantships are not provided for the State
universities. Additionally, the plan specifies implementing an affiliat-
ed psychology program among Florida International University,
Florida Atlantic University and the University of Miami during
1984-85. The details to implement the affiliated program have not
been satisfactorily settled. Therefore, the $48,000 relating to this
proposal and the proviso in the first sentence in the last paragraph on
page 87, which reads as follows, is hereby vetoed:

"... $48,000 for University of Miami for the affiliated program in
developmental psychology and. ."
Specific Appropriation 522A on page 82 appropriates $40,000 in
1984-85 from the General Revenue Fund for the Department of
Communications at the University of West Florida. During
1983-84 the Department of Communications at the University of
West Florida received a $110,000 General Revenue appropriation
for equipment. Since Specific Appropriation 522A is not in the
University of West Florida or the Board of Regents' budget
request, the specific purpose of the funding is unclear. Therefore,
Specific Appropriation 522A on page 82, which reads as follows, is
hereby vetoed:
"522A Special Categories
Department of Communications University
of West Florida
From General Revenue Fund 40,000"
Specific Appropriation 1349A on page 181 appropriates $250,000 in
1984-85 from the Law Enforcement Training Trust Fund for the
establishment of a statewide law enforcement center for excellence at
Lively Vocational Technical School. This item was not requested by
either the Criminal Justice Standards and Training Commission or the
Department of Law Enforcement. It has not been determined whether
the center is cost effective, sound from a policy perspective or whether
it duplicates existing services. Therefore, Specific Appropriation 1349A
on page 181, which reads as follows, is hereby vetoed:
"1349A Lump Sum
Statewide Center for Excellence Lively
Vocational Tech. Sch.
From Law Enforcement Training
Trust Fund 250,000
Specific Appropriation 1421 on page 189 appropriates $48,500 from
the Erosion Control Trust Fund to conduct a feasibility study and
environmental impact of Gulf water access at Navarre Pass in Santa
Rosa County. Several studies have been completed in this area that
conclude the proposed project is unwarranted. I am not aware of any



Specific Appropriation 1427B on page 189 appropriates $75,000 front
the Land Reclamation Administration Trust Fund for transfer to th(
Division of Fisheries to conduct a phosphate fishing project. Specific(
Appropriation 644A on page 105 appropriates $75,000 from th(
Division of Fisheries' State Game Trust Fund for the phosphate fishing
program. This fisheries research program was not requested by the
Game and Fresh Water Fish Commission and the use of the Lanc
Reclamation Administration Trust Fund for recreational fishing
studies was not contemplated in the creation of the trust fund
Therefore, Specific Appropriation 1427B on page 189 and Specific
Appropriation 644A on page 105, which read as follows, are hereb3
vetoed:



"1427B Aid to Local Governments
Transfer to Division of Fisheries-
Phosphate Fish Project
From Land Reclamation Administration
Trust Fund
"644A Lump Sum
Phosphate Fishing Program
From State Game Trust Fund



75,000'


75,000'



Specific Appropriation 1556A on page 203 and the accompanying
proviso language appropriates $875,500 in 1984-85 from the Genera]
Revenue Fund for the Art Facilities Development and Operations
Program and up to $500,000 for the partial repayment of a loan to the
Jacksonville Arts Assembly. The $875,500 is not appropriated foi
projects prioritized in a statewide plan for improvements to art
facilities. A plan should be developed on a statewide basis to determine
the needs of arts facilities and funds appropriated accordingly
However, the $500,000 appropriation for the Florida Theatre is for a
project that will be the property of the City of Jacksonville and is an
ongoing project which has been reviewed by the Legislature. This
action continues the commitment by the state to a significant
historical center and is accordingly not vetoed. Therefore, $875,500 oi
Specific Appropriation 1556A on page 203 is hereby vetoed:

1556A Special Categories
Art Facilities Development and
Operations Program
From General Revenue Fund 875,500

Specific Appropriation 1676A on page 217 appropriates $45,00
in 1984-85 from the General Revenue Fund for a Nassau County
Multi-Use Facility. This item was not requested by the agency and
should not be funded until the need for the new facility is reflected in
the agency plans. Therefore, specific appropriation 1676A on page 217,
which reads as follows, is hereby vetoed:
"1676A Fixed Capital Outlay
Nassau County Multi-Use Facility
From General Revenue Fund 45,000"
Specific Appropriation 1676B on page 218 appropriates $100,000 in
1984-85 from the General Revenue Fund for the Planning Phase/Con-
struction of Agricultural Center/St. Johns County. This item was not
requested by the agency and should not be funded until the need for
the new facility is reflected in the agency plans. Therefore, Specific
Appropriation 1676B on page 218, which reads as follows, is hereby
vetoed:
"1676B Fixed Capital Outlay
Planning Phase/Construction of
Agricultural Center/St. Johns County
From General Revenue Fund 100,000"

Specific appropriation 1679A on page 218 appropriates $900,000 in
1984-85 from the General Revenue Fund for a Polk County Livestock
Pavilion-Bartow. This item was not requested by the agency and



12



December 6, 1984



48,500'












should not be funded until the need for the new facility is reflected in
the agency plans. Therefore, Specific Appropriation 1679A on page
218, which reads as follows, is hereby vetoed:



"1679A Fixed Capital Outlay
Polk County Livestock Pavilion-Bartow
From General Revenue Fund



900,000"



Specific Appropriation 1708A on page 222 appropriates $643,000 in
1984-85 from the General Revenue Fund and $125,000 from the
Grants and Donations Trust Fund for a Lakeland Parking Facility.
Parking problems in connection with State office buildings have
occurred primarily in the large urban centers. The parking deficiencies
that may occur when the Lakeland facility is completed next year have
not been included in the priority ranking with other State office
building parking problems. Therefore, Specific Appropriation 1708A on
page 222, which reads as follows, is hereby vetoed:



"1708A Fixed Capital Outlay
Lakeland Parking Facility
From General Revenue Fund
From Grants and Donations Trust
Fund



643,000

125,000"



Specific Appropriation 1734 on page 225 appropriates $69,795 in
1984-85 from the Special Employment Security Trust Fund for a
parking lot expansion, Cocoa Reed Act Building. This appropriation
provides funds for the same purpose outlined in SB 651 which contains
additional provisions which will assist in implementing this particular
project. Therefore, Specific Appropriation 1734 on page 225, which
reads as follows, is hereby vetoed:
"1734 Fixed Capital Outlay
Parking Lot Expansion, Cocoa Reed
Act Building
From Special Employment Security
Trust Fund 69,795"
Specific Appropriation 1748A on page 227 appropriates $90,000 in
1984-85 from the Operating Trust Fund for the acquisition of historic
property for use as board offices. This item was requested by the
agency on behalf of the Historic Tampa/Hillsborough County Preserva-
tion Board but no specific property was identified. The overall space
requirements of the board should be evaluated and a plan developed
for meeting those requirements prior to providing funding for property
acquisition. Therefore, Specific Appropriation 1748A on page 227,
which reads as follows, is hereby vetoed:
"1748A Fixed Capital Outlay
Acquire Historic Property for use
as Board Offices
From Operating Trust Fund 90,000"
Specific Appropriation 1753B on page 228 appropriates $1,200,000
from the General Revenue Fund for a law enforcement training
residence. This project was not requested by the Criminal Justice
Standards and Training Commission, Department of Law Enforce-
ment, or recommended by my office. The need for this facility has not
been adequately demonstrated since it is not part of a Law Enforce-
ment Training Facilities Development Plan. Therefore, Specific Ap-
propriation 1753B and the accompanying proviso language on page
228, which reads as follows, are hereby vetoed:



13



conditions but does not contribute to any State plans for recreational or
highway development. Therefore, Specific Appropriation 1764C on
page 230 and 1769A on page 231 which read as follows, are hereby
vetoed:



"1764C Fixed Capital Outlay
Transfer to Department of Transportation
Grants and Donations Trust Fund/Eau
Gallie Causeway Catwalk
From Land Acquisition Trust Fund
"1769A Fixed Capital Outlay
Eau Gallie Causeway Catwalk
From Grants and Donations Trust Fund



350,000"


350,000"



The portions of House Bill 1300 which are set forth herein with my
objections, are hereby vetoed and all other portions of House Bill 1300
are hereby approved.
Sincerely,
BOB GRAHAM
Governor
-and the above vetoed bill (1984 Regular Session), together with
the Governor's objections thereto, was referred to the Committee on
Appropriations.
On motion by Rep. Bell, the rules were waived and the Chairman of
the Committee on Rules & Calendar was given permission to set the
Special Order Calendar for this Special Session.

Committee Meetings
On motion by Rep. Morgan, the rules were waived and committees
were given permission to meet immediately upon recess. Thereupon,
on motion by Rep. R. C. Johnson, Chairman, the rules were waived for
the Committee on Health & Rehabilitative Services to meet immedia-
tely upon recess in Room 413C; on motion by Rep. Ogden, Chairman,
the rules were waived for the Committee on Finance & Taxation to
meet at 11:00 a.m. in Morris Hall; on motion by Rep. Mitchell,
Chairman, the rules were waived for the Committee on Agriculture to
meet jointly with the Select Committee on Citrus & Agricultural
Funding at 12:00 noon in Room 415 HOB; on motion by Rep. Burnsed,
Chairman, the rules were waived for the Committee on Commerce to
meet immediately upon adjournment of the Committee on Finance &
Taxation in Room 212 HOB; on motion by Rep. Bell, Chairman, the
rules were waived for the Committee on Appropriations to meet at 3:00
p.m. in Morris Hall.

Recess
On motion by Rep. Morgan, the House recessed at 10:48 a.m. to
reconvene at 4:00 p.m. today or upon adjournment of the Committee on
Appropriations.

Reconvened
The House was called to order by the Speaker at 4:38 p.m. A quorum
was present.
The following Special Order was submitted by the Chairman:



"1753B Fixed Capital Outlay
Law Enforcement Training Residence
From General Revenue Fund



1,200,000



"Funds appropriated in Specific Appropriation 1753B are for the
planning, construction, and equipping of a residence facility by the
Department of Law Enforcement for the Law Enforcement Officer
Region XV Training Council."
Specific Appropriation 1764C on page 230 appropriates $350,000 in
1984-85 from the Land Acquisition Trust Fund for transfer to the
Department of Transportation. Specific Appropriation 1769A on page
231 appropriates $350,000 in 1984-85 from the Grants and Donations
Trust Fund in the Department of Transportation for the Eau Gallie
Causeway Catwalk. This item was not requested by the agency nor
recommended by this office. The funding provided would improve local



The Honorable James Harold Thompson
Speaker, House of Representatives



December 6, 1984



Sir:
In accordance with the vote of the House, the following report is
submitted as the Special and Continuing Order Calendar beginning
Thursday, December 6, 1984. Consideration of the House bills shall
include the Senate companion measures.
HB 17-A-Unitary Tax
HB 19-A-Child Care
HB 24-A-Appropriations Supplemental Bill
HB 16-A-Citrus Canker
HB 13-A-Sales Tax
HB 18-A-Sales Tax



December 6, 1984



JOURNAL OF THE HOUSE OF REPRESENTATIVES










JOURNAL OF THE HOUSE OF REPRESENTATIVES



HB 10-A-Banking
HB 23-A-Appropriations Trust Fund
Respectfully submitted,
Herbert F. Morgan, Chairman
Committee on Rules & Calendar
Consideration of Vetoed HB 1302 (1984 Regular Session)
On motions by Rep. Bell, Chairman, the rules were waived and
vetoed HB 1302 (1984 Regular Session) with veto message was
withdrawn from the Committee on Appropriations and taken up.

Honorable George Firestone June 14, 1984
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I hereby withhold my approval of and transmit to you with my
objections House Bill 1302 enacted by the Eighth Legislature of
Florida under the Florida Constitution, 1968 Revision, during the
Regular Session of 1984, and entitled:
"An act relating to educational facilities construction and funding;
authorizing specified acquisitions and authorizing and providing
funding for specified public education capital outlay projects and
planning therefore; amending 's. 1(3)(a), chapter 82-240, Laws of
Florida; deleting a payback requirement for Chipola Junior
College; providing an effective date."
The decision to veto the Public Education Capital Outlay (PECO)
Bill has been made after thoughtful consideration of the immediate
and long-term implications.
Department of Education officials have informed me that appropria-
tions from the PECO Bill will not be available for distribution until
March of 1985. This delay is caused by a vote in November of 1984 on a
constitutional amendment which will extend the funding authority for
this program. If successful, this extension of funding authority will be
subject to judicial validation.
Should the constitutional amendment fail, the Legislature should
have the opportunity to reassess the State's total effort to fund the
capital needs of public education.
The policy implications of House Bill 1302 are very serious and, in
my judgment, fail to address the priority needs of Florida education.
Florida's public schools are in the midst of a renewed surge of
enrollment. The actual and projected full time equivalent enrollments
for Florida's K-12 program are:



FTE
Enrollment
1,553,382
1,540,286
1,540,466
1,537,951
1,523,028
1,528,271
1,533,909
1,553,108
1,572,879
1,594,127
1,616,156
1,635,681
1,657,048
1,689,619
1,720,178
1,761,696
1,803,446
1,848,599



Increase/(Decrease)
Over Prior Years


(13,096)
180
(2,515)
(14,923)
5,243
5,638
19,199
19,771
21,248
22,029
19,525
21,367
32,571
30,559
41,518
41,750
45,153



Percent
Increase/(Decrease)
Over Prior Years

(0.8)
0.0
(0.2)
(1.0)
0.3
0.4
1.3
1.3
1.4
1.4
1.2
1.3
2.0
1.8
2.4
2.4
2.5



In addition to meeting total enrollment requirements, the Legisla-
ture has committed Florida to important education reforms. Many of
these reforms have capital outlay requirements.



December 6, 1984



For example, by the 1986-87 school year, all graduating seniors must
have completed three years of science instruction, with a laboratory
science course. It is estimated that the cost of constructing and
equipping Florida high schools with sufficient laboratory facilities to
meet this graduation requirement will be in excess of $50,000,000.
My recommendations for appropriations from the Public Education
Capital Outlay and Debt Service Trust Fund to the public school
districts total $131,645,443, including a $5,000,000 appropriation from
the General Revenue Fund to augment $11,000,000 in PECO funds for
secondary school science facilities. The sum of the appropriations found
within this bill for public school districts total only $88,384,120, an
amount that I feel is insufficient to allow districts to maintain present
facilities and provide new facilities to meet requirements placed on
them by enrollment growth and curriculum reform.

The public school allocation has been a declining portion of total
PECO funds available.
K-12 New Construction and Maintenance and Repair Allocations
Compared to the Total PECO Appropriation



School
Year
1976-77
1977-78
1978-79
1979-80
1980-81
1981-82
1982-83
1983-84
1984-85



Total PECO
Allocation*
161,100,000
160,000,000
144,900,000
199,852,671
207,282,484
174,263,291
201,170,316
223,501,907
185,243,575



K-12
New Construction
and Maintenance
Allocations
102,529,360
90,558,768
82,890,613
130,229,582
114,125,123
91,304,559
92,160,520
125,596,418
88,384,120



K-12
New Construction
and Maintenance
as a % of Total
63.64
56.60
57.21
65.16
55.06
52.39
45.81
56.19
47.71



"*New Construction and Maintenance funding for public schools,
community colleges and state universities and "off the top" projects.
In addition, this bill limits the allocation to secondary school science
facilities to $10,000,000, which is $6,000,000 below our recommenda-
tion. Failure to accelerate State funding will frustrate a major
education goal or thrust the funding burden back on the school
districts.
Conversely, projects funded "off the top" or before the application of
distribution formulas to the school districts, community colleges and
state universities, have increased significantly.
"Off the Top" Funding for PECO Projects
Compared to the Total PECO Appropriation
"Off the Top"



School
Year
1976-77
1977-78
1978-79
1979-80
1980-81
1981-82
1982-83
1983-84
1984-85



Total PECO
Allocation
161,100,000
160,000,000
144,900,000
199,852,671
207,282,484
174,263,291
201,170,316
223,501,907
185,243,575



"Off the Top"
Funding
8,040,334
5,572,230
6,405,908
8,306,828
6,200,900
6,091,682
13,720,763
18,727,039
36,618,873



Funding as
a % of Total
4.99
3.48
4.42
4.16
2.99
3.50
6.82
8.38
19.77



While many of these projects are worthy, their collective scale has
distorted education priorities away from the public school at the time
when Florida's elementary and secondary needs are burgeoning.
Citizens concerned with the future of public education in Florida,
particularly members of the Legislature, have important responsibili-
ties before them in the next months.
It is imperative that we provide all citizens with the information
necessary to assure successful passage of the public education capital
outlay constitutional amendment in November.
With public support, we must reassess the policies which are utilized
in distributing these public funds, including:



14



School
Year
1977-78
1978-79
1979-80
1980-81
1981-82
1982-83
1983-84
1984-85
1985-86
1986-87
1987-88
1988-89
1989-90
1990-91
1991-92
1992-93
1993-94
1994-95









JOURNAL OF THE HOUSE OF REPRESENTATIVES



-The type, extent, conditions and priorities of "off the top"
projects.
-The appropriateness of existing methodologies to evaluate
unmet needs by the various sectors of public education.
-The extent to which PECO and other State sources, rather than
local property taxes, should be the basis for funding elementary
and secondary capital outlay.
-The capital outlay requirements of current or contemplated
public education reforms.

This will be a year of challenge and thoughtful consideration. I look
forward to working with the Legislature toward these constructive
ends.

For the above reasons, I am withholding my approval of House Bill
1302, enacted during the Regular Session of 1984, commencing on
April 3, 1984, and do hereby veto the same.

Sincerely,
BOB GRAHAM
Governor

Rep. Bell moved that HB 1302 (1984 Regular Session) pass, the veto
of the Governor to the contrary notwithstanding. The vote was:

Yeas-114



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Drage
Dudley
Dunbar
Easley
Evans-Jones



Figg Kimmel
Friedman Kutun
Frishe Lawson
Gallagher Lewis
Garcia Liberti
Gardner Lippman
Gibbons Locke
Gonzalez- Lombard
Quevedo Mackenzie
Gordon Martin
Grant Martinez
Grindle McEwan
Gutman Meffert
Hanson Messersmith
Hargrett Metcalf
Harris Mills
Hawkins, M. E. Mitchell
Hazouri Morgan
Hill Morse
Hodges Nergard
Hollingsworth Ogden
Irvine Pajcic
Jamerson Patchett
Jennings Peeples
Johnson, B. L. Press
Johnson, R. C. Reaves
Jones, C. F. Reddick
Jones, D. L. Renke
Kelly Robinson



Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



Nays-1

Deutsch

Votes after roll call:

Yeas-C. Brown, Lehtinen, Logan

So HB 1302 (1984 Regular Session) passed by the required
Constitutional two-thirds vote of all Members present. The veto of the
Governor was not sustained and the bill was immediately certified to
the Senate.

Special Order

HB 17-A was taken up. On motion by Rep. Ogden, the rules were
waived and-



The Honorable James Harold Thompson, Speaker
I am directed to inform the House of Representatives that the Senate
has passed, as amended, by the required Constitutional three-fifths
vote of all members elected to the Senate, SB 1-A and requests the
concurrence of the House.
Joe Brown, Secretary

By Senator Crawford-
SB 1-A-A bill to be entitled An act relating to taxation, repealing
s. 220.135, F.S., which provides special reporting requirements for
unitary business groups with respect to the corporate income tax;
amending s. 220.64, F.S.; correcting a reference; amending s. 220.14,
F.S., relating to exemptions, to delete reference to unitary business
groups; amending s. 220.03, F.S.; revising the definition of "unitary
business group"; revising provisions relating to certain elections
taxpayers may make; amending s. 220.131, F.S.; revising provisions
relating to filing of consolidated returns by members of affiliated
groups; amending s. 220.13, F.S.; revising additions and subtractions
applicable in computing adjusted federal income; amending s. 220.63,
F.S., relating to the franchise tax on banks and savings associations;
including reference to certain subtractions; amending s. 214.71, F.S.,
relating to administrative provisions for designated nonproperty taxes;
revising provisions for determining when sales of tangible personal
property are in this state; amending s. 220.03, F.S.; revising the
definition of "nonbusiness income" and defining "functionally related
dividends"; amending s. 220.63, F.S., relating to the franchise tax on
banks and savings associations; revising calculation of the tax base;
amending s. 220.03, F.S.; revising the definition of "Internal Revenue
Code"; amending ss. 221.01, 221.02, 221.04, and 220.03, F.S.; revising
the expiration date of the emergency excise tax; deleting provisions
which authorize taxpayers to make certain subsequent election with
respect to applicability of the Internal Revenue Code; amending s.
212.11, F.S.; providing an additional method for calculating estimated
tax liability; providing for phased reduction and repeal of the
estimated tax liability percentage with respect to tax on sales, use, and
other transactions; amending s. 212.12, F.S.; authorizing the Depart-
ment of Revenue to waive or compromise certain penalties with respect
to estimated tax payments; providing for applying specified penalties
to consolidated returns under certain circumstances; amending ss.
220.11 and 220.63, F.S.; increasing the corporate income tax and
franchise tax on banks and savings associations; providing for review;
amending s. 221.01, F.S.; increasing the emergency excise tax rate;
providing for recomputation of estimated corporate tax due; creating s.
220.211, F.S.; providing penalties for incomplete returns; providing
specific, contingent, and retroactive effective dates.
-was taken up and read the first time by title. On motion by Rep.
Ogden, the rules were waived and SB 1-A was read the second time by
title.
Representative Ogden offered the following amendment:

Amendment 1 (text of HB 17-A)-Strike everything after the
enacting clause and insert: Section 1. Effective upon this act becoming
a law, and applicable to tax years beginning on or after September 1,
1984, section 220.135, Florida Statutes, as created by chapter 83-349,
Laws of Florida, is hereby repealed.
Section 2. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, section 220.64,
Florida Statutes, is amended to read:
220.64 Other provisions applicable to franchise tax.-To the extent
that they are not manifestly incompatible with the provisions of this part,
parts I, HI, IV, V, and VI of this code and ss. 220.12, 220.13, 320.35, and
220.16 apply to the franchise tax imposed by this part. Under rules
prescribed in s. 220.131, a consolidated return may be filed by any
affiliated group of corporations composed of one or more banks or savings
associations, its or their Florida parent corporation, and any nonbank or
nonsavings subsidiaries of such parent corporation.
Section 3. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, subsection (3) of



section 220.14, Florida Statutes, is amended to read:
220.14 Exemption.-



15



December 6, 1984











(3) Only one exemption shall be allowed to a unitary business group
oF to taxpayers filing a consolidated return under this code.

Section 4. Effective upon this act becoming a law, and applicable
retroactively to September 1, 1982 (as the amendments provided by
this section are expressly intended to clarify any prior ambiguity
which may have existed as to the intent of the Legislature), paragraph
(bb) of subsection (1) and paragraph (c) of subsection (5) of section
220.03, Florida Statutes, 1984 Supplement, are amended to read:

220.03 Definitions.

(1) SPECIFIC TERMS.-When used in this code, and when not
otherwise distinctly expressed or manifestly incompatible with the
intent thereof, the following terms shall have the following meanings:

(bb) For purposes only of the administration of the tax law as in effect
for the period September 1, 1982, through August 31, 1984, "unitary
business group" means a group of two or more corporations, at least one
of which is a Florida taxpayer, taxpayers related through common
ownership whose business activities are integrated with, are depen-
dent upon, or contribute to a flow of value among members of the
group. When direct or indirect ownership or control is 50 percent or
more of the outstanding voting stock, the group shall be considered to
be a unitary business group unless clearly shown by the facts and
circumstances of the individual case to be a nonunitary business group.
When direct or indirect ownership or control is less than 50 percent of
the outstanding voting stock, all elements of the business activities
shall be considered in determining whether the group qualifies as a
unitary business group.

(5)

(c) A taxpayer may make an election, in the manner prescribed by
the department, by August 26, 1982, or a taxpayer filing an initial
return may make an election upon filing the first return for the tax
due under this chapter, whichever is later, to report and pay the tax
levied by this chapter as if:

1. The Internal Revenue Code of 1954, as amended and in effect on
January 1, 1980, is in effect indefinitely thereafter; and

2. Solely for the purpose of computing depreciation deductions, the
provisions of chapter 220, Florida Statutes, 1980 Supplement, are in
effect indefinitely thereafter.

For the purposes of taxation of taxpayers who make the election
provided for in this paragraph, the Internal Revenue Code of 1954, as
amended and in effect on January 1, 1980, shall include, for tax years
beginning on or after January 1, 1982, the provisions of the Foreign
Investment in Real Property Tax Act of 1980, Subtitle C of Title XI of
Pub. L. No. 96-499 and the amendments to those provisions codified in
the Internal Revenue Code, as defined in paragraph (1)(n). Taxpayers
may one time only revoke an election made pursuant to this
paragraph, in accordance with rules formulated by the department.
Such revocation shall be prospective in nature, and all transactions
and events occurring during the period during which the election
provided for in this paragraph is in effect and the continuing tax
ramifications of such events and transactions shall be governed by the
provisions of this paragraph.

Section 5. Paragraph (e) is added to subsection (1) of section 220.13,
Florida Statutes, 1984 Supplement, to read:

220.13 "Adjusted federal income" defined.--
(1) The term "adjusted federal income" means an amount equal to
the taxpayer's taxable income as defined in subsection (2), or such
taxable income of more than one taxpayer as provided in s. 220.131, for
the taxable year, adjusted as follows:

(e) A deduction for net operating losses, net capital losses, or excess
contributions deductions under ss. 170(d)(2), 172, 1212, and 404 of the
Internal Revenue Code which has been allowed in a prior taxable year



for Florida tax purposes shall not be allowed for Florida tax purposes,
notwithstanding the fact that such deduction has not been fully utilized
for federal tax purposes.



December 6, 1984



Section 6. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, subsection (1) of
section 220.131, Florida Statutes, is amended to read:
220.131 Adjusted federal income; affiliated groups.-
(1) Notwithstanding any prior election made with respect to consoli-
dated returns, and subject to subsection (5), for taxable years beginning
on or after September 1, 1984, any corporation subject to tax under this
code- except members ef a unitary business group, which corporation is
the parent company of an affiliated group of corporations may elect,
not later than the due date for filing its return for the taxable year,
including any extensions thereof, to consolidate its taxable income
with that of all other members of the group, regardless of whether such
member is subject to tax under this code, and to return such
consolidated taxable income hereunder, in which case all such other
members must consent thereto in such manner as the department may
by rule regulation prescribe- Any Florida parent eempany ef an
affiliated group of ee-pesratiens whieh is noet a member of a unitary
business group may eleet to eensolidate its taxable ineeme with all
ether members of the affiliated group, even though some of its
members are not subject to tax under this ede, provided:
(a) Each member of the group consents to such filing by specific
written authorization at the time the consolidated return is filed;
(b) The affiliated group so filing under this code has filed a
consolidated return for federal income tax purposes for the same
taxable year; and
(c) The affiliated group so filing under this code is composed of the
identical component members as those which have consolidated their
taxable incomes in such federal return.
However, the parent corporation of an affiliated group which filed a
consolidated return under this code for the taxable year immediately
preceding the taxable year of such group beginning on or after
September 1, 1982, may, subject to these provisions, elect to consolidate
its income with that of all other members of the group which would have
been included as members under this section as amended and in effect
prior to chapter 83-349, Laws of Florida, becoming a law, and to return
such consolidated taxable income hereunder. Such election shall be
made within 90 days of the date this act becomes a law.
Section 7. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, paragraph (b) of
subsection (1) of section 220.13, Florida Statutes, 1984 Supplement, is
amended to read:
220.13 "Adjusted federal income" defined.-
(1) The term "adjusted federal income" means an amount equal to
the taxpayer's taxable income as defined in subsection (2), or such
taxable income of more than one taxpayer as provided in s. 220.131, for
the taxable year, adjusted as follows:
(b) Subtractions.-
1. In computing the net operating loss deduction allowable for
federal income tax purposes under s. 172 of the Internal Revenue Code
for the taxable year, the net capital loss allowable for federal income
tax purposes under s. 1212 of the Internal Revenue Code for the
taxable year, the excess charitable contribution deduction allowable
for federal income tax purposes under s. 170(d)(2) of the Internal
Revenue Code for the taxable year, and the excess contributions
deductions allowable for federal income tax purposes under s. 404 of
the Internal Revenue Code for the taxable year, there shall be
subtracted from taxable income, in order to arrive at adjusted federal
income, such amounts as reflect the following limitations:
a. No deduction may be allowed for net operating losses, net capital
losses, and excess contributions deductions under ss. 170(d)(2) and 404
of the Internal Revenue Code which are carried forward from taxable
years ending prior to January 1, 1972;
b. The net operating loss, net capital loss, and excess contributions
deductions under ss. 170(d)(2) and 404 of the Internal Revenue Code,



respectively, allowable for any taxable year beginning before and
ending after January 1, 1972, shall be limited to an amount which
bears the same ratio to the taxpayer's net operating loss, net capital



JOURNAL OF THE HOUSE OF REPRESENTATIVES












loss, and excess contributions deductions under ss. 170(d)(2) and 404 of
the Internal Revenue Code, respectively, for the entire taxable year as
the number of days in such year after December 31, 1971, bears to the
total number of days in such year, unless the taxpayer elects to
account separately for income under s. 220.12(3) of this code, in which
case the net operating loss, net capital loss, and excess contributions
deductions under ss. 170(d)(2) and 404 of the Internal Revenue Code,
respectively, allowable for such year shall be determined on the basis
of the items actually earned, received, paid, incurred, or accrued after
December 31, 1971; and
c. A net operating loss and a capital loss shall never be carried back
as a deduction to a prior taxable year, but all deductions attributable
to such losses shall be deemed net operating loss carryovers and capital
loss carryovers, respectively, and treated in the same manner, to the
same extent, and for the same time periods as are prescribed for such
carryovers in ss. 172 and 1212, respectively, of the Internal Revenue
Code.t and
-. No deduction may be allowed for net operating losses et capital
losses, or excess contributions deduetiens under s-. 170(d)(2)-, 172
-2r4 iand 404 of the Internal Rev.eneC Gode for a non UTnited States
member of a unitary business. group.
2. There shall be subtracted from such taxable income any amount
to the extent included therein the following: by a member of a unitary
business group whieh amount was received as a dividend paid by
another member of the same unitary business group.
a. Dividends treated as received from sources without the United
States, as determined under s. 862 of the Internal Revenue Code.
b. All amounts included in taxable income under s. 78 of the Internal
Revenue Code.
However, as to any amount subtracted under this subparagraph, there
shall be added to such taxable income all expenses deducted on the
taxpayer's return for the taxable year which are attributable, directly or
indirectly, to such subtracted amount. Further, no amount shall be
subtracted with respect to dividends paid or deemed paid by a Domestic
International Sales Corporation.
3. In computing "adjusted federal income" for taxable years begin-
ning after December 31, 1976, there shall be allowed as a deduction
the amount of wages and salaries paid or incurred within this state for
the taxable year for which no deduction is allowed pursuant to s. 280C
of the Internal Revenue Code (relating to credit for employment of
certain new employees).
4. There shall be subtracted from such taxable income any amount
of nonbusiness income included therein.
5. Notwithstanding any other provision of this code, except with
respect to amounts subtracted pursuant to subparagraphs 1. and 3., any
increment of any apportionment factor which is directly related to an
increment of gross receipts or income which is deducted, subtracted, or
otherwise excluded in determining adjusted federal income shall be
excluded from both the numerator and denominator of such apportion-
ment factor. Further, all valuations made for apportionment factor
purposes shall be made on a basis consistent with the taxpayer's method
of accounting for federal income tax purposes.
Section 8. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, subsection (5) of
section 220.63, Florida Statutes, is amended to read:
220.63 Franchise tax imposed on banks and savings associations.-
(5) There shall be allowed as a deduction from adjusted federal
income, to the extent not deductible in determining federal taxable
income or subtracted pursuant to s. 220.13(1)(b)2., the eligible net
income of an international banking facility determined as follows:
(a) The "eligible net income of an international banking facility" is
the amount remaining after subtracting from the eligible gross income
the applicable expenses.



(b) The "eligible gross income" is the gross income derived by an
international banking facility from:



17



1. Making, arranging for, placing, or servicing loans to foreign
persons, provided, however, that in the case of a foreign person which
is an individual, a foreign branch of a domestic corporation (other than
a bank or savings association), or a foreign corporation or a foreign
partnership which is 80 percent or more owned or controlled, either
directly or indirectly, by one or more domestic corporations (other than
banks or savings associations), domestic partnerships, or resident
individuals, substantially all the proceeds of the loan are for use
outside the United States;
2. Making or placing deposits with foreign persons which are banks
or savings associations or foreign branches of banks or savings
associations, including foreign subsidiaries or foreign branches of the
taxpayer, or with other international banking facilities; or
3. Entering into foreign exchange trading or hedging transactions in
connection with the activities described in this paragraph.
However, the term "eligible gross income" does not include any
amount derived by an international banking facility from making,
arranging for, placing, or servicing loans or making or placing deposits
if the loans or deposits of funds are secured by mortgages, deeds of
trust, or other liens upon real property located in this state.
(c) The "applicable expenses" are any expenses or other deductions
attributable, directly or indirectly, to the eligible gross income
described in paragraph (b).
Section 9. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, paragraph (a) of
subsection (3) of section 214.71, Florida Statutes, is amended to read:
214.71 Apportionment; general method.-Except as otherwise pro-
vided in ss. 214.72 and 214.73, the base upon which any tax made
applicable to this chapter shall be apportioned shall be determined by
multiplying same by a fraction the numerator of which is the sum of
the property factor, the payroll factor, and the sales factor and the
denominator of which is 3. In the event any of the factors described in
subsection (1), subsection (2), or subsection (3) has a denominator
which is zero or is determined by the department to be insignificant,
the denominator of the apportionment fraction shall be reduced by the
number of such factors.
(3) The sales factor is a fraction the numerator of which is the total
sales of the taxpayer in this state during the taxable year or period and
the denominator of which is the total sales of the taxpayer everywhere
during the taxable year or period.
(a)l. Sales of tangible personal property are in this state if the
property is delivered or shipped to a purchaser within this state,
regardless of the f.o.b. point, other conditions of the sale, or ultimate
destination of the property- or if the property is shipped from an effie,
store, warehouse, faetery, or other pleee of storage in this state and
either the purchaser is the United States Government or the taxpayer
is not subject to a tax upon or measured by ineome in the state to
which the sale would be assigned absent this paragraph.
2. When citrus fruit is delivered by a cooperative for a grower-mem-
ber, by a grower-member to a cooperative, or by a grower-participant
to a Florida processor, the sales factor for such growers for such citrus
fruit delivered to such processor shall be the same as the sales factor
for the most recent taxable year of that processor. That sales factor,
expressed only as a percentage and not in terms of the dollar volume of
sales, so as to protect the confidentiality of the sales of the processor,
shall be furnished on the request of such a grower promptly after it has
been determined for that taxable year.
3. Reimbursement of expenses under an agency contract between a
cooperative, a grower-member of a cooperative, or a grower and a
processor will not be deemed a sale within this state.
Section 10. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, subsection (5) is
added to section 220.15, Florida Statutes, to read:
220.15 Apportionment of adjusted federal income.-Adjusted federal
income as defined in s. 220.13 shall be apportioned to this state in



accordance with part IV of chapter 214; and, for the purpose of
applying that part to this code:



December 6, 1984



JOURNAL OF THE HOUSE OF REPRESENTATIVES









JOURNAL OF THE HOUSI



(5) Any taxpayer shall be entitled to a refund of tax, in an amount
determined under paragraph (c), if it can establish that the numerator
of the sales factor determined pursuant to this section results in the
aggregate of all numerators of such sales factors used by all states of the
United States and the District of Columbia exceeding the sales factor
denominator of the taxpayer as determined under this code for the same
taxable year.
(a) Any taxpayer eligible for a refund under this subsection shall
make application therefore in accordance with procedures set forth in
part I of chapter 214. All applications for refund under this subsection
shall be accompanied by a copy of the taxpayer's federal income tax
return for the taxable year; copies of every return filed by the taxpayer in
the states of the United States and the District of Columbia in which it
has conducted business for the taxable year; verification in the form of
canceled checks or other receipts of the taxpayer's payment of the amount
shown to be due on the several returns filed with the refund application;
and a revised Florida apportionment schedule determined under
paragraph (b).
(b) The taxpayer shall prepare and submit a schedule apportioning
adjusted federal income to this state pursuant to this code, except that
the numerator of the sales factor, to the extent determined pursuant to s.
214.71(3)(a)1., shall be recomputed giving effect to the ultimate
destination of the tangible personal property delivered or shipped and
separately stating the amount of the difference in such numerator
distributed by state of destination.
(c) The refund to which any taxpayer shall be entitled under this
subsection shall be equal to the lesser of:
1. 5.5 percent of the excess of adjusted federal income apportioned to
this state as redetermined pursuant to paragraph (b) over adjusted
federal income apportioned to this state without regard to this
subsection; or
2. The aggregate increase in taxes based upon or measured by income
which are imposed upon the taxpayer by the District of Columbia and
states of the United States other than Florida and which are attribut-
able to determination of the numerator of the sales factor under this
code without giving effect to the ultimate destination of tangible
personal property delivered or shipped.
Section 11. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, paragraph (r) of
subsection (1) of section 220.03, Florida Statutes, 1984 Supplement, is
amended, and paragraph (dd) is added to said subsection to read:
220.03 Definitions.-
(1) SPECIFIC TERMS.-When used in this code, and when not
otherwise distinctly expressed or manifestly incompatible with the
intent thereof, the following terms shall have the following meanings:
(r) "Nonbusiness income" means rents and royalties from real or
tangible personal property, capital gains, interest, dividends, and
patent and copyright royalties, to the extent that they do not arise
from transactions and activities in the regular course of the taxpayer's
trade or business. The term "nonbusiness income" does not include
income from tangible and intangible property if the acquisition,
management, and disposition of the property constitute integral parts
of the taxpayer's regular trade or business operations. For purposes of
this definition, "income" means gross receipts less all expenses directly
or indirectly attributable thereto. Functionally related dividends are
presumed to be business income.
(dd) "Functionally related dividends" include the following types of
dividends:
1. Those received from a subsidiary of which the voting stock is more
than 50 percent owned or controlled by the taxpayer or members of its
affiliated group and which is engaged in the same general line of
business.
2. Those received from any corporation which is either a significant



source of supply for the taxpayer or its affiliated group or a significant
purchaser of the output of the taxpayer or its affiliated group, or which
sells a significant part of its output or obtains a significant part of its



OF REPRESENTATIVES December 6, 1984

raw materials or input from the taxpayer or its affiliated group.
"Significant" means an amount of 15 percent or more.
3. Those resulting from the investment of working capital or some
other purpose in furtherance of the taxpayer or its affiliated group.
Section 12. Effective upon this act becoming a law, and applicable
retroactively to September 1, 1982 (as the amendments provided by
this section are expressly intended to clarify any prior ambiguity
which may have existed as to the intent of the Legislature), subsection
(3) of section 220.63, Florida Statutes, is amended to read:
220.63 Franchise tax imposed on banks and savings associations.-
(3) For purposes of this part, the franchise tax base shall be adjusted
federal income, as defined in s. 220.13, apportioned to this state, plus
nonbusiness income allocated to this state pursuant to s. 220.16, less the
deduction allowed in subsection (5) and less $5,000.
Section 13. Paragraph (n) of subsection (1) and paragraph (c) of
subsection (2) of section 220.03, Florida Statutes, 1984 Supplement,
are amended to read:
220.03 Definitions.
(1) SPECIFIC TERMS.-When used in this code, and when not
otherwise distinctly expressed or manifestly incompatible with the
intent thereof, the following terms shall have the following meanings:
(n) "Internal Revenue Code" means the United States Internal
Revenue Code of 1954, as amended and in effect on September 1, 1984,
January 1- 1983 except as provided in subsection (3).
(2) DEFINITIONAL RULES.-When used in this code and neither
otherwise distinctly expressed nor manifestly incompatible with the
intent thereof:
(c) Any term used in this code shall have the same meaning as when
used in a comparable context in the Internal Revenue Code and other
statutes of the United States relating to federal income taxes, as such
code and statutes are in effect on September 1, 1984 January 2 1983.
However, if subsection (3) is implemented, the meaning of any term
shall be taken at the time the term is applied under this code.
Section 14. Section 220.211, Florida Statutes, is created to read:
220.211 Penalties; incomplete return.-
(1) In the case where an incomplete return is made, notwithstanding
that no tax is finally determined to be due for the taxable year, there
shall be added to the amount of tax, penalty, and interest otherwise due
a penalty in the amount of $150 or 5 percent of the tax finally
determined to be due, whichever is greater; however, such penalty shall
not exceed $5,000. The department may settle or compromise such
penalties pursuant to s. 213.21.
(2) An "incomplete return" is, for the purposes of this code, a return
which is lacking such uniformity, completeness, and arrangement that
physical handling, verification, or review of the return may not be
readily accomplished.
Section 15. Subsection (2) of section 221.01, Florida Statutes, is
amended to read:
221.01 Emergency excise tax; generally.-
(2) Subsection (1) and any subsequent amendments to the provisions
contained in that subsection shall expire and be void for taxable years
beginning after June 30, 1985 Deeember 3- 1984.
Section 16. Subsection (2) of section 221.02, Florida Statutes, is
amended to read:
221.02 Credit for emergency excise tax paid.-
(2) Subsection (1) and any subsequent amendments to the provisions
contained in that subsection shall expire and be void for taxable years



beginning after June 30, 1985 Deeember 34- 1984.
Section 17, Subsection (2) of section 221.04, Florida Statutes, is
amended to read:
221.04 Administration of tax.-









JOURNAL OF THE HOUSE



(2) Subsection (1) and any subsequent amendments to the provisions
contained in that subsection shall expire and be void for taxable years
beginning after June 30, 1985 December 34- 1984.
Section 18. Paragraph (e) of subsection (5) and subsection (6) of
section 220.03, Florida Statutes, 1984 Supplement, are amended to
read:
220.03 Definitions.-
(5)
(e- A taxpayer who does not initially make the election provided for
in paragraph (-e within the time Serie specified therein may
subsequently make an election, in aeeordanee with rules formulated by
the department, to report and pay the tax as levied by this chapter as
provided in that paragraph except that the power to revoke the
election provided in that paragraph shall not be available to sueh
taxpayer- Sueh eleetien shall be prospective in nature, and all
transactions and events oeeerring during the period during which the
initial method of tax treatment is in effect and the continuing tax
ramifications of sueh events and transactions shall be governed by the
provisions appicable to sueh method.
(6) The amendments contained in s. 1 of chapter 82-232, Laws of
Florida, and any subsequent amendments to the provisions contained
in that section shall expire and be void for taxable years beginning
after June 30, 1985 December 31- 1-984. Unused credits for emergency
excise taxes paid pursuant to chapter 221 for taxable years beginning
before July January 1, 1985, shall continue to be available as provided
in s. 221.02.
Section 19. Paragraphs (a) and (d) of subsection (1) of section 212.11,
Florida Statutes, are amended, and subsection (4) is added to said
section to read:
212.11 Tax returns and regulations.-
(1)(a)1. Each dealer shall calculate his The estimated tax liability for
any month by one of the following methods equals:
a. Sixty-six either 66 percent of the current month's liability
pursuant to this part as shown on the tax return; or
b. Sixty-six 66 percent of the tax reported on the tax return pursuant
to this part by a dealer for the taxable transactions sales occurring
during the corresponding month of the preceding calendar year; or-
c. Sixty-six percent of the average tax liability pursuant to this part for
those months during the preceding calendar year in which the dealer
reported taxable transactions. The department is empowered to estab
lish the estimated tax liability in eases in which a dealer was not
registered for sales tax purposes during such month.
2. Any estimated tax liability of $1,650 or more shall be due,
payable, and remitted by the 20th day of the month for which the
liability applies. The difference between the estimated tax liability
paid and the actual amount and taxes due under this part for such
month shall become due and payable by the first day of the following
month and shall be remitted by the 20th day thereof.
3. For any dealer who has an estimated had a tax liability of less
than $1,650 or who was not registered for sales tax purposes $2,500 for
the corresponding month of the preceding year, the current taxes
levied pursuant to this part shall be due and payable monthly on the
first day of the following month and shall be remitted by the 20th day
thereof.
(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 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 separate returns for each such place of business;



however, such consolidated returns must clearly indicate the amounts
collected within each county of the state. Any dealer who files a
consolidated return shall calculate his estimated tax liability for each



OF REPRESENTATIVES 19

county by the same method he uses to calculate his estimated tax
liability on the consolidated return as a whole. Each dealer shall file a
return for each tax period even though no tax is due for such period.



(4) The 66 percent rate provided in subsection (1) shall be reduced
over a period of 5 years beginning January 1, 1986, and is repealed
December 31, 1990. During such period the following rates shall be
applicable:
(a) From January 1, 1986, through December 31, 1986, the rate shall
be 50 percent.
(b) From January 1, 1987, through December 31, 1987, the rate shall
be 40 percent.
(c) From January 1, 1988, through December 31, 1988, the rate shall
be 30 percent.
(d) From January 1, 1989, through December 31, 1989, the rate shall
be 20 percent.
(e) From January 1, 1990, through December 31, 1990, the rate shall
be 10 percent.
Section 20. Paragraph (b) of subsection (2) of section 212.12, Florida
Statutes, 1984 Supplement, is amended, and paragraph (c) is added to
said subsection to read:
212.12 Dealer's credit for collecting tax; penalties for noncom-
pliance; powers of Department of Revenue in dealing with delinquents;
brackets applicable to taxable transactions; records required.-
(2)
(b) When any person, firm, or corporation fails to timely remit the
proper estimated payment required under s. 212.11, a specific penalty
shall be added in an amount equal to 5 percent of any unpaid
estimated tax. Upon a showing of reasonable cause, Under ne
circumstances may this penalty may be waived or compromised by the
department. However, other penalties and interest shall be due and
payable if the return on which the estimated payment was due was not
timely or properly filed. The department may waive or compromise the
penalty imposed by this paragraph beginning with returns due for
November 1983, and for any month thereafter.
(c) Dealers filing a consolidated return pursuant to s. 212.11(1)(d)
shall be subject to the penalty established in paragraph (b) only on the
amount of unpaid estimated taxes calculated for their consolidated
return as a whole. Said penalty shall not apply to amounts indicated as
collected in each county.
Section 21. Effective upon this act becoming a law, if approved by a
three-fifths vote of the membership of each house of the Legislature,
and applicable to tax years beginning on or after September 1, 1984,
subsection (2) of section 220.11, Florida Statutes, is amended to read:
220.11 Tax imposed.-
(2) The tax imposed by this section shall be an amount equal to 5V2
percent of the taxpayer's net income for the taxable year. The increase
in the tax imposed by this section provided by this act shall be reviewed
by the Legislature at the regular session of 1989 and may be reduced by
a majority vote of the membership of each house of the Legislature.
Section 22. Effective upon this act becoming a law, if approved by a
three-fifths vote of the membership of each house of the Legislature,
and applicable to tax years beginning on or after September 1, 1984,
subsection (2) of section 220.63, Florida Statutes, is amended to read:
220.63 Franchise tax imposed on banks and savings associations.-
(2) The tax imposed by this section shall be an amount equal to 52
percent of the franchise tax base of the bank or savings association for
the taxable year. The increase in the tax imposed by this section
provided by this act shall be reviewed by the Legislature at the regular
session of 1989 and may be reduced by a majority vote of the
membership of each house of the Legislature.
Section 23. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, paragraphs (a) and
(b) of subsection (1) of section 221.01, Florida Statutes, are amended to
read:



December 6, 1984









20 JOURNAL OF THE HOUSE

221.01 Emergency excise tax; generally.-
(1) The department shall charge and collect an emergency excise tax
for each taxable year from every taxpayer liable for the tax imposed by,
and required to file a return under, chapter 220, except for those
taxpayers subject to s. 220.03(5)(c). The provisions of this chapter shall
apply retroactively to all such taxpayers, effective to the effective date of
s. 168 of the Internal Revenue Code of 1954, as amended.
(a) The amount of the tax shall be 2.2 2 percent of an amount equal to
2.5 times the remainder of 40 percent of the deduction allowed, in
computing adjusted federal income as defined in s. 220.13, under s. 168 of
the Internal Revenue Code of 1954, as amended, exclusive of any
deduction allowed under s. 168(b)(3) of the Internal Revenue Code of
1954, as amended, apportioned to this state under s. 220.15, minus any
unused portion of the exemption provided for in s. 220.14 for the taxable
year for which the return is required to be filed by chapter 220.
(b) If the taxpayer's net income, as defined in s. 220.12, for the taxable
year for which the return required by chapter 220 is filed is a net
operating loss under chapter 220, excluding any net operating loss
carryovers and carrybacks, the amount of the tax shall be 2.2 2 percent of
an amount equal to 2.5 times the remainder of:
1. Forty percent of the deduction allowed, in computing adjusted
federal income as defined in s. 220.13, under s. 168 of the Internal
Revenue Code of 1954, as amended, exclusive of any deduction allowed
under s. 168(b)(3) of the Internal Revenue Code of 1954, as amended,
apportioned to this state under s. 220.15, minus any unused portion of the
exemption provided for in s. 220.14 for the taxable year for which the
return is required to be filed by chapter 220; minus
2. The net operating loss, as apportioned to this state under s. 220.15,
excluding any net operating loss carryovers and carrybacks.
Section 24. Each corporate taxpayer whose tax year begins on or after
January 1, 1984, shall be required to recompute the estimated tax due for
such taxable year and shall make the appropriate adjustments, if any, to
the remaining estimated payments to insure full compliance with the
applicable provisions of this act. Notwithstanding the provisions of s.
220.34, Florida Statutes, estimated tax payments based upon the facts
shown on the return for, and the law applicable to, the preceding taxable
year shall be recomputed as though the provisions of this act were
applicable in said preceding taxable year. No penalty or interest shall be
applied to the next estimated tax payment due by January 1, 1985, for a
period of 30 days from the due date.
Section 25. Except as otherwise provided herein, this act shall take
effect upon becoming a law.
Rep. Ogden moved the adoption of the amendment, which was adopted.
Representative Ogden offered the following title amendment:
Amendment 2-Strike the title and insert: A bill to be entitled An
act relating to taxation; repealing s. 220.135, F.S., which provides
special reporting requirements for unitary business groups with
respect to the corporate income tax; amending s. 220.64, F.S.;
correcting a reference; amending s. 220.14, F.S., relating to exemp-
tions, to delete reference to unitary business groups; amending s.
220.03, F.S.; revising the definition of "unitary business group";
revising provisions relating to certain elections taxpayers may make;
amending s. 220.13, F.S.; revising adjustments applicable in computing
adjusted federal income; amending s. 220.131, F.S.; revising provisions
relating to filing of consolidated returns by members of affiliated
groups; amending s. 220.13, F.S.; revising subtractions applicable in
computing adjusted federal income; amending s. 220.63, F.S., relating
to the franchise tax on banks and savings associations; including
reference to certain subtractions; amending s. 214.71, F.S., relating to
administrative provisions for designated nonproperty taxes; revising
provisions for determining when sales of tangible personal property
are in this state; amending s. 220.15, F.S.; providing for refunds under
certain conditions; amending s. 220.03, F.S.; revising the definition of



"nonbusiness income" and defining "functionally related dividends";
amending s. 220.63, F.S., relating to the franchise tax on banks and
savings associations; revising calculation of the tax base; amending s.
220.03, F.S.; revising the definition of "Internal Revenue Code";
creating s. 220.211, F.S.; providing a penalty for filing an incomplete



IE



OF REPRESENTATIVES December 6, 1984

return; amending ss. 221.01, 221.02, 221.04, and 220.03, F.S.; revising
the expiration date of the emergency excise tax; deleting provisions
which authorize taxpayers to make certain subsequent election with
respect to applicability of the Internal Revenue Code; amending s.
212.11, F.S.; revising provisions relating to calculation and payment of
estimated tax liability with respect to tax on sales, use, and other
transactions and providing for phased reduction and repeal of the
estimated tax liability percentage; amending s. 212.12. F.S.; authoriz-
ing the Department of Revenue to waive or compromise certain
penalties with respect to estimated tax payments; specifying conditions
for application of said penalties to consolidated returns; amending ss.
220.11 and 220.63, F.S.; increasing the corporate income tax and
franchise tax on banks and savings associations; providing for review;
amending s. 221.01, F.S.; increasing the emergency excise tax rate;
providing for recomputation of estimated corporate tax due; providing
specific and retroactive effective dates.
Rep. Ogden moved the adoption of the amendment, which was
adopted without objection.
The Committee on Finance & Taxation offered the following
amendment:
Amendment 3-On page 13, line 29 through page 15, line 18, strike
all of said language and insert: Section 10. Effective upon this act
becoming a law, the Department of Revenue is directed to conduct a
survey of two randomly selected samples of taxpayers from the set of
those likely to be impacted as determined to be appropriate samples by
the department, based upon taxable years ended in 1983, to estimate the
revenue consequences of reinstatement of the ultimate destination
standard in the assignment to this state of sales of tangible property
shipped or delivered for sales factor purposes pursuant to s. 214.71(3)
(a).
1. The first sample shall consist of not less than 200 taxpayers whose
tax payments for 1983 exceeded $100,000, and the second sample shall
consist of not less than 2000 taxpayers whose tax payments for 1983
were less than $100,000.
2. Taxpayers shall furnish to the department in an expeditious
manner the information that the department deems reasonably required
and requests to conduct this survey.
3. If the response rate of each sample group exceeds 40 percent by
February 1, 1985, the department is directed to verify and analyze all
responses and furnish to the President of the Senate and the Speaker of
the House of Representatives the results of the survey not later than May
1, 1985.
4. There is hereby appropriated to the Department of Revenue the sum
of $50,000 for fiscal year 1984-85. The department is hereby authorized
to implement and conduct the survey as specified in this act employing
present personnel to conduct the necessary verification.
Rep. Bell moved the adoption of the amendment.
Representative Ogden offered the following amendment to the
amendment:
Amendment 1 to Amendment 3-On line 22, after the word
"verify", insert:, to the extent deemed necessary by the department,
Rep. Ogden moved the adoption of the amendment to the amend-
ment, which was adopted without objection. The question recurred on
the adoption of Amendment 3, as amended, which was adopted.
Representative Bell offered the following title amendment:
Amendment 4--On page 2, line 29, after the semicolon insert:
providing an appropriation;
Rep. Bell moved the adoption of the amendment, which was adopted
without objection.
Representative Bell offered the following title amendment:



Amendment 5-On page 1, lines 27 & 28 strike "providing for
refunds under certain conditions" and insert: directing the Department
of Revenue to conduct a revenue survey
Rep. Bell moved the adoption of the amendment, which was adopted
without objection.









December 6, 1984



JOURNAL OF THE HOUSE OF REPRESENTATIVES



Representatives Silver, Dunbar, Frishe, Webster and Hollingsworth
offered the following amendment:

Amendment 6-On page 22, lines 16-18 strike "Upon a showing of
reasonable cause, Under no circumstances may this penalty may be
waived or compromised by the department." and insert: Through
December 31, 1984, Under no circumstances may this penalty shall be
waived by the department unless the department has determined that
there was willful intent by the dealer to evade payment of the tax.
Beginning with January 1, 1985, returns, the department, upon a
showing of reasonable cause, is authorized to waive or compromise
penalties imposed by this paragraph.

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

Representatives Grindle, Patchett, M. E. Hawkins, Brantley, Woo-
druff, Bankhead, Grant, Renke, Kimmel, Nergard, Frishe, Selph,
Morse, Gutman, D. Thomas, Gallagher, Dunbar, Ros, Webster, Garcia,
Lombard, Souto, Jennings, Sample, Sanderson, Hill, Irvine, Hanson,
Sanson, Drage, D. L. Jones, and Combee offered the following
amendment:

Amendment 7-On page 22, lines 30-31, on page 23, lines 1-31, on
page 24, lines 1-30, and on page 25, lines 1-3, strike all of said lines
and renumber subsequent sections.

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

Yeas-44



Bankhead
Brantley
Casas
Combee
Crotty
Drage
Dudley
Dunbar
Easley
Evans-Jones
Frishe
Gallagher

Nays-76

The Chair
Abrams
Allen
Armstrong
Arnold
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Clark
Clements
Crady
Dantzler



Garcia
Gonzalez-
Quevedo
Grant
Grindle
Gutman
Hanson
Hawkins, M. E.
Hill
Hollingsworth
Irvine
Jennings



Davis
Deutsch
Figg
Friedman
Gardner
Gibbons
Gordon
Gustafson
Hargrett
Harris
Hawkins, L. R.
Hazouri
Hodges
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kelly
Kutun



Jones, D. L.
Kimmel
Lombard
McEwan
Messersmith
Morse
Nergard
Patchett
Renke
Ros
Sample
Sanderson



Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
Meffert
Metcalf
Mills
Mitchell
Morgan
Ogden
Pajcic
Peeples
Press



Sansom
Selph
Shelley
Simone
Souto
Thomas, D. L.
Watt
Webster
Woodruff






Reaves
Reddick
Robinson
Rochlin
Shackelford
Silver
Simon
Smith
Stewart
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Weinstock
Wetherell
Young



Representatives Silver, Dunbar, Frishe, and Webster offered the
following amendment:

Amendment 8--On page 22, lines 21-23, strike all of said lines and
insert: properly filed.

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



21



Legislative Intent
Without objection, the following statement of legislative intent on
SB 1-A was read into the record by Rep. Easley:
1) The deferred Domestic International Sales Corporation's (DISC)
income that has been forgiven as being taxable for Federal tax
purposes is not taxable under this bill for Florida income tax purposes.
For this income to be taxed in Florida, specific language would have to
be added to the Florida Code.

2) Foreign Sales Corporation (FSC) are corporations that have a
physical location outside the U.S. and operate outside the U.S.
Accordingly, FSC's would not be subject to the Florida income tax
under this bill.
On motion by Rep. Ogden, the rules were waived and SB 1-A, as
amended, was read the third time by title. On passage, the vote was:



Yeas-105

The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Nays-12
Dunbar
Frishe
Gallagher



Dudley
Easley
Evans-Jones
Figg
Friedman
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.



Hanson
Hill
Lombard



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



Nergard
Renke
Ros



Reddick
Robinson
Rochlin
Sample
Sansom
Selph
Shackelford
Silver
Simon
Simone
Smith
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Webster
Weinstock
Wetherell
Woodruff
Young



Sanderson
Shelley
Watt



Votes after roll call:

Nays-Souto, Garcia, Gutman

So the bill passed, as amended, by the required Constitutional
three-fifths vote of the membership, and was immediately certified to
the Senate after engrossment.
On motion by Rep. Bell, Chairman, agreed to by two-thirds vote, HB
19-A was withdrawn from the Committee on Appropriations and
placed on the Calendar.
Consideration of HBs 19-A and 24-A was temporarily deferred.

HB 16-A-A bill to be entitled. An act relating to citrus canker;
appropriating moneys for the annual period beginning July 1, 1984,
and ending June 30, 1985, for purposes of matching federal expendi-
tures for the purpose of citrus canker eradication and indemnification;
supplementing appropriations made by chapter 84-220, Laws of
Florida; providing an effective date.
-was taken up. On motion by Rep. Mitchell, the rules were waived
and HB 16-A was read the second time by title.
The Committee on Agriculture offered the following amendment:









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Amendment 1-On page 2, line 30, after the period, insert: The
amount of indemnification for each plant category shall be in the amount
of 75% of the cost established for each plant category in the "Report of the
Citrus Canker Indemnity Group", dated November 16, 1984, except that
indemnification for reset plants shall be in the amount of 60% of the cost
established in said report; and in all cases the state share of the
indemnification shall be 50% of the cost of indemnification.
Rep. Mitchell moved the adoption of the amendment.
The Committee on Appropriations offered the following substitute
amendment:
Substitute Amendment 1-On page 2, line 30, after the period,
insert: The amount of indemnification for each plant category shall be
calculated at a level as follows:



Field Grown
Greenhouse



Seedlings
$.02
$.05



Liners
$.20
$.40



Budded
Stock
$1.30
$1.37



Resets
$4.50



In all cases the state share of the indemnification program shall be 50%
of the cost of indemnification.
Rep. Gardner moved the adoption of the substitute amendment, which
was adopted.
The Committee on Agriculture offered the following amendment:
Amendment 2-On page 2, line 21, strike "4,798,522" and insert:
2,923,891
Rep. Gardner moved the adoption of the amendment, which was
adopted.
The Committee on Agriculture offered the following amendment:
Amendment 3-On page 2, line 13, strike "4,226,635" and insert:
3,000,000
Rep. Gardner moved the adoption of the amendment, which was
adopted.
The Committee on Appropriations offered the following amendment:
Amendment 4-On page 3, line 3, insert as new Section 2: From the
General Revenue Funds provided in Specific Appropriation 526 through
528 of Chapter 84-220, Laws of Florida, $200,000 shall be expended by
IFAS for the inspection of door-yard citrus trees by county agents in
co-operation with the Department of Agriculture. (renumber subsequent
sections)
Rep. Gardner moved the adoption of the amendment, which was
adopted.
The Committee on Appropriations offered the following title amend-
ment:
Amendment 5-On page 1, line 8, insert: specifying the calculations
for indemnification; restricting appropriations made by Chapter 84-220,
Laws of Florida
Rep. Gardner moved the adoption of the amendment, which was
adopted without objection.
On motion by Rep. Mitchell, the rules were waived and HB 16-A, as
amended, was read the third time by title. On passage, the vote was:
Yeas-120



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



Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler



Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Frishe
Gallagher
Garcia



Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris



Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen
Lewis



Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden
Pajcic



Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson
Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith



Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



Nays-None
So the bill passed, as amended, and was immediately certified to the
Senate after engrossment.
HB 13-A was taken up. On motions by Rep. Figg, the rules were waived
and-
The Honorable James Harold Thompson, Speaker
I am directed to inform the House of Representatives that the Senate
has passed SB 2-A and requests the concurrence of the House.
Joe Brown, Secretary
By Senator Castor and others-
SB 2-A-A bill to be entitled An act relating to the tax on sales, use,
and other transactions; amending s.1, chapter 84-373, Laws of Florida;
specifying counties which may levy a discretionary additional tax for
indigent health care; providing an effective date.
-a similar or companion measure, was taken up and read the first time
by title and substituted for HB 13-A. Under the rule, HB 13-A was laid on
the table. On motion by Rep. Figg, the rules were waived and SB 2-A was
read the second time by title.
Representative Clements offered the following amendment:
Amendment 1-On page 2, between lines 4 and 5, insert: No
ordinance enacted by any county levying the tax authorized by this
section shall take effect until the ordinance levying and imposing the tax
has been approved in a referendum election by a majority of the electors
voting in such election in the county or by a majority of the electors voting
in the subcounty special tax district affected by the tax. The governing
board of the county levying the tax shall arrange to place a question on
the ballot at the next regular or special election to be held within the
county, substantially as follows:
.... FOR the Additional Sales Tax
.... AGAINST the Additional Sales Tax.
If a majority of the electors voting on the question approve the levy, the
ordinance shall be deemed to be in effect.
Rep. Clements moved the adoption of the amendment. Rep. Kutun
moved to lay the amendment on the table, which was not agreed to. The
vote was:
Yeas-56



The Chair
Abrams
Allen
Arnold
Bass
Bell
Brown, C.
Burke
Burnsed



Canady
Carlton
Carpenter
Clark
Dantzler
Davis
Figg
Friedman
Gardner



Gibbons
Gordon
Gustafson
Hargrett
Hazouri
Hodges
Jamerson
Johnson, B. L.
Johnson, R. C.



Kutun
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Metcalf



22



December 6, 1984









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Press
Reaves
Reddick
Shackelford
Silver



Mills
Morgan
Ogden
Pajcic
Peeples
Nays-59
Armstrong
Bankhead
Brantley
Bronson
Casas
Clements
Combee
Crotty
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Frishe



Simon
Stewart
Thomas, J.
Titone
Tobin


Jones, D. L.
Kelly
Kimmel
Lawson
Lehtinen
Lewis
Martinez
McEwan
Messersmith
Mitchell
Morse
Nergard
Patchett
Renke
Robinson



The question recurred on the adoption of the
failed of adoption. The vote was:
Yeas-57



Garcia
Gonzalez-
Quevedo
Grant
Grindle
Gutman
Hanson
Harris
Hawkins, L. R.
Hawkins, M. E.
Hill
Hollingsworth
Irvine
Jennings
Jones, D. L.


Dantzler
Davis
Figg
Friedman
Gardner
Gibbons
Gordon
Gustafson
Hargrett
Hazouri
Hodges
Jamerson
Johnson, B. L.
Johnson, R. C.
Kutun



Kelly
Kimmel
Lehtinen
Lewis
Martin
Martinez
McEwan
Messersmith
Mitchell
Morse
Nergard
Patchett
Renke
Robinson
Ros


Lawson
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Meffert
Metcalf
Mills
Morgan
Ogden
Pajcic
Peeples
Press



Gallagher
Garcia
Gonzalez-
Quevedo
Grant
Grindle
Gutman
Hanson
Harris
Hawkins, L. R.
Hawkins, M. E.
Hill
Hollingsworth
Irvine
Jennings



On motion by Rep. Figg, the rules were waived and SB 2-A was read
the third time by title. On passage, the vote was:
Yeas-71



Brown, T. C.
Burke
Burnsed
Canady
Carpenter
Clark
Crady
Dantzler
Davis
Drage



Figg
Friedman
Gardner
Gibbons
Gordon
Grant
Gustafson
Hargrett
Harris
Hazouri



Hodges
Jamerson
Jennings
Johnson, R. C.
Jones, C. F.
Kelly
Kutun
Lawson
Liberti
Lippman



Wallace
Ward
Weinstock
Wetherell
Young


Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shelley
Simone
Souto
Thomas, D. L.
Tobiassen
Upchurch
Watt
Webster
Woodruff
amendment, which



Sample
Sanderson
Sansom
Selph
Shelley
Simone
Souto
Thomas, D. L.
Tobiassen
Upchurch
Watt
Webster
Woodruff





Reaves
Reddick
Rochlin
Shackelford
Silver
Simon
Stewart
Thomas, J.
Titone
Tobin
Wallace
Ward
Weinstock
Wetherell
Young



Morgan
Ogden
Pajcic
Peeples
Press
Reaves
Reddick
Robinson



Locke
Logan
Mackenzie
Martin
Meffert
Metcalf
Mills
Mitchell
Nays-47
Bankhead
Casas
Clements
Combee
Crotty
Deutsch
Dudley
Dunbar
Easley
Evans-Jones
Frishe
Gallagher



Rochlin
Selph
Shackelford
Silver
Simon
Smith
Stewart
Thomas, J.


Kimmel
Lehtinen
Lewis
Lombard
Martinez
McEwan
Messersmith
Morse
Nergard
Patchett
Renke
Ros



Titone
Tobin
Wallace
Ward
Weinstock
Wetherell
Young



Sample
Sanderson
Sansom
Shelley
Simone
Souto
Thomas, D. L.
Tobiassen
Upchurch
Watt
Webster
Woodruff



So the bill passed and was immediately certified to the Senate.
HB 18-A-A bill to be entitled An act relating to tax on sales, use,
and other transactions; amending s. 212.06, F.S.; providing that the
production of certain electric energy, steam energy, or other energy is
exempt from the imposition of such tax; providing a retroactive
effective date.
-was taken up. On motion by Rep. Ogden, the rules were waived
and HB 18-A was read the second time by title.
The Committee on Finance & Taxation offered the following
amendment:
Amendment 1-On page 3, line 1, insert: Section 2. If any taxpayer
is entitled to a refund under s. 215.26, Florida Statutes, as a result of
the retroactive effect of this act, the taxpayer shall file the application for
refund not later than 90 days after the effective date of this act.
(renumber subsequent section.)
Rep. Ogden moved the adoption of the amendment, which was
adopted.
The Committee on Finance & Taxation offered the following title
amendment:
Amendment 2-On page 1, line 6, after the semicolon, insert:
providing for taxpayer refunds;
Rep. Ogden moved the adoption of the amendment, which was
adopted without objection.
On motion by Rep. Ogden, the rules were waived and HB 18-A, as
amended, was read the third time by title. On passage, the vote was:
Yeas-118



Bankhead
Brantley
Bronson
Casas
Clements
Combee
Crotty
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Frishe
Gallagher

Nays-60
The Chair
Abrams
Allen
Armstrong
Arnold
Bass
Bell
Brown, C.
Burke
Burnsed
Canady
Carlton
Carpenter
Clark
Crady



Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Frishe
Gallagher
Garcia



Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine



Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin



Garcia
Gonzalez-
Quevedo
Grindle
Gutman
Hanson
Hawkins, L. R.
Hawkins, M. E.
Hill
Hollingsworth
Irvine
Jones, D. L.



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



The Chair
Abrams
Allen
Armstrong
Arnold
Bass
Bell
Brantley
Bronson
Brown, C.



December 6, 1984



23









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden
Pajcic
Nays-None



Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson
Rochlin
Ros
Sample
Sanderson
Sansom



So the bill passed, as amended,
Senate after engrossment.



Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone



Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



and was immediately certified to the



HB 10-A was taken up. On motion by Rep. Burnsed, the rules were
waived and-

The Honorable James Harold Thompson, Speaker
I am directed to inform the House of Representatives that the Senate
has admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed SB 10-A and requests the
concurrence of the House.
Joe Brown, Secretary

By Senator Hair and others-
SB 10-A-A bill to be entitled An act relating to banking; creating s.
658.296, F.S.; providing definitions; prohibiting certain control of
deposit-taking institutions; providing for administrative enforcement by
the Department of Banking and Finance; providing exemptions;
providing severability; providing for repeal; providing an effective date.
-was taken up. Rep. Burnsed moved that SB 10-A be admitted for
introduction, the Speaker having ruled the measure was outside the
purview of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and SB 10-A was read the first time by
title and, being a similar or companion measure, was substituted for HB
10-A. Under the rule, HB 10-A was laid on the table. On motions by Rep.
Burnsed, the rules were waived and SB 10-A was read the second time by
title and the third time by title. On passage, the vote was:
Yeas-117



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley



Dunbar
Easley
Evans-Jones
Figg
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings



Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden
Pajcic



Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson
Rochlin
Ros
Sanderson
Sansom
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward



Watt
Webster

Nays-2
Lehtinen



Weinstock
Wetherell



Woodruff



Young



Sample



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

On motion by Rep. Bell, the rules were waived and-

By Representative Bell-
HJR 27-A-A joint resolution establishing a new effective date for
House Bill 1302, an act relating to educational facilities construction and
funding, which bill was passed by both houses of the Legislature during
the 1984 Regular Session and thereafter vetoed by the Governor.
Be It Resolved by the Legislature of the State of Florida:

Pursuant to Section 9 of Article III of the State Constitution, House Bill
1302 enacted during the 1984 Regular Session of the Legislature shall
take effect on December 10, 1984, the veto of the Governor notwithstand-
ing.
-was taken up and read the first time. On motions by Rep. Bell, the
rules were waived and HJR 27-A was read the second time and the third
time. On passage, the vote was:
Yeas-116



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley



Evans-Jones Kimmel
Figg Kutun
Friedman Lawson
Frishe Lehtinen
Gallagher Lewis
Garcia Liberti
Gardner Locke
Gibbons Logan
Gonzalez- Lombard
Quevedo Mackenzie
Gordon Martin
Grant Martinez
Grindle McEwan
Gutman Meffert
Hanson Messersmith
Hargrett Metcalf
Harris Mitchell
Hawkins, M. E. Morgan
Hazouri Morse
Hill Nergard
Hodges Ogden
Hollingsworth Pajcic
Irvine Patchett
Jamerson Peeples
Jennings Press
Johnson, B. L. Reaves
Johnson, R. C. Reddick
Jones, C. F. Renke
Jones, D. L. Robinson
Kelly Rochlin



Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



Nays-None
Votes after roll call:

Yeas-Lippman

So the joint resolution passed and was immediately certified to the
Senate.

By the Committee on Appropriations-
HB 23-A-A bill to be entitled An act relating to trust funds;
amending s. 215.3205, F.S.; providing that certain trust funds are not
abolished absent legislative review; assuring that the rights of holders
of certain bonds or other indebtedness are not impaired; eliminating
the requirement that the Legislature provide statutory authority for
trust funds if none exists; providing an effective date.



24



December 6, 1984












-was read the first time by title. On motions by Rep. Bell, the rules
were waived and-
The Honorable James Harold Thompson, Speaker

I am directed to inform the House of Representatives that the Senate
has passed SB 5-A and requests the concurrence of the House.
Joe Brown, Secretary

By the Committee on Appropriations-
SB 5-A-A bill to be entitled An act relating to trust funds;
amending s. 215.3205, F.S.; providing that certain trust funds are not
abolished absent legislative review; assuring that the rights of holders
of certain bonds or other indebtedness are not impaired; eliminating
the requirement that the Legislature provide statutory authority for
trust funds if none exists; providing an effective date.
-a similar or companion measure, was taken up, read the first time
by title and substituted for HB 23-A. Under the rule, HB 23-A was laid
on the table. On motions by Rep. Bell, the rules were further waived
and SB 5-A was read the second time by title and the third time by
title. On passage, the vote was:
Yeas-119



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley



Evans-Jones
Figg
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, L. R.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.



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



Renke
Robinson
Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



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

Consideration of Vetoed HB 1300 (1984 Regular Session)
On motion by Rep. B. L. Johnson, the rules were waived and HB
1300 with veto message was taken up.

Honorable George Firestone June 14, 1984
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval of portions of House Bill



25



1300, enacted by the Eighth Legislature of Florida under the Florida
Constitution, 1968 Revision, during the Regular Session of 1984, and
entitled:

"An act making appropriations: providing moneys for the annual
period beginning July 1, 1984, and ending June 30, 1985, to pay
salaries, other expenses, capital outlay-buildings and improve-
ments, and for other specified purposes of the various agencies of
State government; providing an effective date."
I have reviewed House Bill 1300, the General Appropriations Act,
and on balance find it to be a valid and carefully crafted plan for State
operations during FY 84-85. Although in general I support the
Legislature's finished product, there are nevertheless items which I
feel are inappropriate or not in keeping with State priorities.

Several trends have resurfaced in House Bill 1300 that require
mention in this veto message. One trend of concern is the pattern
evident in the case of several appropriations items, in which the
accompanying explanatory language associated with the item is not
descriptive of the actual appropriation. Only through extensive
additional research is one able to discern the real purpose. As an
example, item 1556A, discussed on page 6, relates to art grants. There
is no explanation of what this appropriation is for or where it actually
is intended to go. This lack of clarity makes it difficult for the members
of the Legislature, the executive branch, and the general public to
appreciate the actual purpose. In future appropriations bills I would
respectfully urge the Legislature to clearly enunciate the purpose
behind each item.

A second trend of concern is the lack of legislative adherence to an
overall policy framework in certain program areas. There is no doubt
that there is a legitimate public interest for the State to participate in
funding art programs or parks and recreation projects for example.
Unfortunately, in an era of limited resources, it is imperative that an
open and rational process be used to identify which projects are
selected and under what conditions. In those instances where procedur-
al steps exist to select and set priorities, these should be followed.
Where they are not in place, appropriate procedures should be
established. Items 1676A, 1676B and 1679A are instances of not
utilizing established decision-making methods.
For these reasons and others that are specifically articulated below, I
am withholding my approval of certain items in House Bill 1300.
Specific Appropriation 29A on page 4 appropriates $30,000 in
1984-85 from the General Revenue Fund for an environmental impact
study needed to apply for federal matching funds to construct a
state-operated domiciliary home for veterans. Receipt of these federal
funds will require a substantial commitment of State funds for
construction and operation of the home. No information is available to
accurately determine the level of future operating costs nor is there a
policy to support expenditure of State funds to provide residential
services exclusively for veterans. A decision to move forward on a
project of this scope should be made in the context of an overall
assessment of the needs of the elderly and handicapped citizens in the
State. Such a study will soon be underway and I expect the study to
address this question. Therefore, Specific Appropriation 29A and the
following proviso on page 4, which reads as follows, are hereby vetoed:
"29A Special Categories
Environmental Impact Study
From General Revenue Fund 30,000
"In addition to funds in Specific Appropriation 29A, all depart-
ments shall, upon request of the Secretary of Administration, and
within the agencies' existing budgets, provide assistance and
support to the Department of Administration in the preparation of
environmental impact studies, site plans, architectural plans and
other studies required for completion of the application for a
veterans' domiciliary care facility directed by Chapter 83-227,
Laws of Florida."

Specific Appropriation 322A beginning on page 35 appropriates
$150,000 in 1984-85 from the General Revenue Fund for the estab-



lishment of a joint chiropractic program between the National
Chiropractic College and a college or university in Florida. This item



December 6, 1984



JOURNAL OF THE HOUSE OF REPRESENTATIVES









26 JOURNAL OF THE HOUSE]

was not included in the agency's legislative budget request and there is
no evidence of unmet need for chiropractic services in Florida. Therefore,
Specific Appropriation 322A and the accompanying proviso language on
pages 35 and 36, which reads as follows, are hereby vetoed:
"322A Special Categories
College of Chiropractic
From General Revenue Fund 150,000
"Funds provided in Specific Appropriation 322A are a one-time
appropriation solely for the purpose of assisting the cooperative
efforts of the National Chiropractic College in establishing a joint
chiropractic program with a college or university in Florida.
Matching funds shall be provided prior to the receipt of any state
funds."
Specific Appropriation 353A on page 41 appropriates $250,000 from
the General Revenue Fund for research by the University of Miami on
AIDS. This item was not included in the agency's legislative budget
request. Additionally, the Center for Disease Control in Atlanta,
Georgia, is conducting research on AIDS through federal funding for the
benefit of all states. Therefore, Specific Appropriation 353A on page 41,
which reads as follows, is hereby vetoed:
"353A Special Categories
Univ. of Miami Research-AIDS
From General Revenue Fund 250,000"
The proviso language on page 57 pertaining to Specific Appropriation
412 contains $10,000,000 from the Working Capital Fund. This is a
duplicate appropriation. Therefore, the specific appropriation of $10,-
000,000 referred to in the proviso on page 57, which reads as follows, is
hereby vetoed:
"In the event (b) and (c) requires more than $67,000,000, up to
$10,000,000 from the Working Capital Fund shall be used for this
program. If the funds available for this program are not sufficient to
provide the authorized amount per student, the funds shall be
prorated."
Specific Appropriation 1585C on page 208 transfers $450,000 from the
Department of Transportation Working Capital Trust Fund to the
Department of Education. Specific Appropriation 505A on page 80
appropriates $450,000 and five positions in 1984-85 to the Department of
Education for the Florida Center of Transportation-Technology Re-
search. The proviso language in the paragraph which begins on page 85
and ends on page 86 delineates the objectives of the Center. In 1972 the
Board of Regents established an interdisciplinary Transportation
Research Center (TRC) at the University of Florida. TRC has completed
considerable research and currently has contracts pending. All of the
TRC's work has been conducted without direct support from the
Legislature. Any studies desired by the Legislature may be easily
contracted with the existing TRC. Furthermore, the University of North
Florida also has a transportation study center which engages in related
research. The addition of a third program in the absence of a coordinated
systemwide plan seems redundant. I am of the opinion that the Board of
Regents and the Department of Transportation should coordinate their
efforts and jointly recommend a strategy for funding transportation
research activities. This strategy should resolve the current conflict
between funding sources. Finally, revenue collections available to the
Department of Transportation are below the earlier estimates and the
use of $450,000 for this purpose would further impair the department's
ability to complete its mission. Therefore, Specific Appropriation 505A on
page 80, the proviso in the paragraph which begins on page 85 and ends
on page 86, and Specific Appropriation 1585C on page 208, which read as
follows, are hereby vetoed:



"505A Lump Sum
Florida Center of Transportation-
Technology Research

From State Transportation (Primary)
Trust Fund



Positions 5



"The Center for Transportation Technology Research, University of
South Florida, Specific Appropriation 505A, shall have as its major
objectives: (1) evaluation of technical policies, management policies,



E



"522A Special Categories
Department of Communications-University
of West Florida
From General Revenue Fund



Specific Appropriation 1349A on page 181 appropriates $250,000 in
1984-85 from the Law Enforcement Training Trust Fund for the
establishment of a statewide law enforcement center for excellence at
Lively Vocational Technical School. This item was not requested by
either the Criminal Justice Standards and Training Commission or the
Department of Law Enforcement. It has not been determined whether
the center is cost effective, sound from a policy perspective or whether
it duplicates existing services. Therefore, Specific Appropriation 1349A
on page 181, which reads as follows, is hereby vetoed:
"1349A Lump Sum
Statewide Center for Excellence-Lively
Vocational Tech. Sch.
From Law Enforcement Training
Trust Fund 250,000
Specific Appropriation 1421 on page 189 appropriates $48,500 from
the Erosion Control Trust Fund to conduct a feasibility study and
environmental impact of Gulf water access at Navarre Pass in Santa
Rosa County. Several studies have been completed in this area that
conclude the proposed project is unwarranted. I am not aware of any
changes that negate these earlier conclusions. Therefore, Specific
Appropriation 1421 on page 189, which reads as follows, is hereby
vetoed:



"1421 Expenses
From Erosion Control Trust Fund



Specific Appropriation 1427B on page 189 appropriates $75,000 from
the Land Reclamation Administration Trust Fund for transfer to the
Division of Fisheries to conduct a phosphate fishing project. Specific
Appropriation 644A on page 105 appropriates $75,000 from the
Division of Fisheries' State Game Trust Fund for the phosphate fishing



48,500"



40,000"



SOF REPRESENTATIVES December 6, 1984

plans, programs, methodologies, equipment, and materials; (2)
prevention of future crises through timely identification of problems
and development of solutions; (3) research to solve state transporta-
tion problems using current technology and developing new
technology. The studies shall be completely independent of all
Florida Department of Transportation directed research efforts. No
instruction shall be undertaken by the Center.
"1585C Lump Sum
Transfer to DOE for Center for
Transportation Technology Research
From Working Capital Trust Fund 450,000"
Proviso language associated with Specific Appropriation 511 on page
81 provides $48,000 in General Revenue Dollars for the University of
Miami for the affiliated program for developmental psychology. The
Southeast Florida program development budget request plan ties the
funds for the University of Miami Developmental Psychology program to
assistantships. Similar assistantships are not provided for the State
universities. Additionally, the plan specifies implementing an affiliated
psychology program among Florida International University, Florida
Atlantic University and the University of Miami during 1984-85. The
details to implement the affiliated program have not been satisfactorily
settled. Therefore, the $48,000 relating to this proposal and the proviso in
the first sentence in the last paragraph on page 87, which reads as
follows, is hereby vetoed:
". $48,000 for University of Miami for the affiliated program in
developmental psychology and..."
Specific Appropriation 522A on page 82 appropriates $40,000 in
1984-85 from the General Revenue Fund for the Department of
Communications at the University of West Florida. During 1983-84
the Department of Communications at the University of West Florida
received a $110,000 General Revenue appropriation for equipment.
Since Specific Appropriation 522A is not in the University of West
Florida or the Board of Regents' budget request, the specific purpose of
the funding is unclear. Therefore, Specific Appropriation 522A on page
82, which reads as follows, is hereby vetoed:









JOURNAL OF THE HOUSE



program. This fisheries research program was not requested by the
Game and Fresh Water Fish Commission and the use of the Land
Reclamation Administration Trust Fund for recreational fishing
studies was not contemplated in the creation of the trust fund.
Therefore, Specific Appropriation 1427B on page 189 and Specific
Appropriation 644A on page 105, which read as follows, are hereby
vetoed:
"1427B Aid to Local Governments
Transfer to Division of Fisheries-
Phosphate Fish Project
From Land Reclamation Administration
Trust Fund 75,000"
"644A Lump Sum
Phosphate Fishing Program
From State Game Trust Fund 75,000"
Specific Appropriation 1556A on page 203 and the accompanying
proviso language appropriates $875,500 in 1984-85 from the General
Revenue Fund for the Art Facilities Development and Operations
Program and up to $500,000 for the partial repayment of a loan to the
Jacksonville Arts Assembly. The $875,500 is not appropriated for
projects prioritized in a statewide plan for improvements to art
facilities. A plan should be developed on a statewide basis to determine
the needs of arts facilities and funds appropriated accordingly.
However, the $500,000 appropriation for the Florida Theatre is for a
project that will be the property of the City of Jacksonville and is an
ongoing project which has been reviewed by the Legislature. This
action continues the commitment by the state to a significant
historical center and is accordingly not vetoed. Therefore, $875,500 of
Specific Appropriation 1556A on page 203 is hereby vetoed:
1556A Special Categories
Art Facilities Development and
Operations Program
From General Revenue Fund 875,500
Specific Appropriation 1676A on page 217 appropriates $45,000 in
1984-85 from the General Revenue Fund for a Nassau County
Multi-Use Facility. This item was not requested by the agency and
should not be funded until the need for the new facility is reflected in
the agency plans. Therefore, specific appropriation 1676A on page 217,
which reads as follows, is hereby vetoed:
"1676A Fixed Capital Outlay
Nassau County Multi-Use Facility
From General Revenue Fund 45,000"
Specific Appropriation 1676B on page 218 appropriates $100,000 in
1984-85 from the General Revenue Fund for the Planning Phase/Con-
struction of Agricultural Center/St. Johns County. This item was not
requested by the agency and should not be funded until the need for
the new facility is reflected in the agency plans. Therefore, Specific
Appropriation 1676B on page 218, which reads as follows, is hereby
vetoed:
"1676B Fixed Capital Outlay
Planning Phase/Construction of
Agricultural Center/St. Johns County
From General Revenue Fund 100,000"
Specific Appropriation 1679A on page 218 appropriates $900,000 in
1984-85 from the General Revenue Fund for a Polk County Livestock
Pavilion-Bartow. This item was not requested by the agency and
should not be funded until the need for the new facility is reflected in
the agency plans. Therefore, Specific Appropriation 1679A on page
218, which reads as follows, is hereby vetoed:
"1679A Fixed Capital Outlay
Polk County Livestock Pavilion-Bartow
From General Revenue Fund 900,000"
Specific Appropriation 1708A on page 222 appropriates $643,000 in
1984-85 from the General Revenue Fund and $125,000 from the
Grants and Donations Trust Fund for a Lakeland Parking Facility.
Parking problems in connection with State office buildings have



occurred primarily in the large urban centers. The parking deficiencies
that may occur when the Lakeland facility is completed next year have



OF REPRESENTATIVES 27

not been included in the priority ranking with other State office
building parking problems. Therefore, Specific Appropriation 1708A on
page 222, which reads as follows, is hereby vetoed:



"1708A Fixed Capital Outlay
Lakeland Parking Facility
From General Revenue Fund
From Grants and Donations Trust
Fund



643,000



125,000"



Specific Appropriation 1734 on page 225 appropriates $69,795 in
1984-85 from the Special Employment Security Trust Fund for a
parking lot expansion, Cocoa Reed Act Building. This appropriation
provides funds for the same purpose outlined in SB 651 which contains
additional provisions which will assist in implementing this particular
project. Therefore, Specific Appropriation 1734 on page 225, which
reads as follows, is hereby vetoed.
"1734 Fixed Capital Outlay
Parking Lot Expansion, Cocoa Reed
Act Building
From Special Employment Security
Trust Fund 69,795"
Specific Appropriation 1748A on page 227 appropriates $90,000 in
1984-85 from the Operating Trust Fund for the acquisition of historic
property for use as board offices. This item was requested by the
agency on behalf of the Historic Tampa/Hillsborough County Preserva-
tion Board but no specific property was identified. The overall space
requirements of the board should be evaluated and a plan developed
for meeting those requirements prior to providing funding for property
acquisition. Therefore, Specific Appropriation 1748A on page 227,
which reads as follows, is hereby vetoed:



"1748A Fixed Capital Outlay
Acquire Historic Property for use
as Board Offices
From Operating Trust Fund



Specific Appropriation 1753B on page 228 appropriates $1,200,000
from the General Revenue Fund for a law enforcement training
residence. This project was not requested by the Criminal Justice
Standards and Training Commission, Department of Law Enforce-
ment, or recommended by my office. The need for this facility has not
been adequately demonstrated since it is not part of a Law Enforce-
ment Training Facilities Development Plan. Therefore, Specific Ap-
propriation 1753B and the accompanying proviso language on page
228, which reads as follows, are hereby vetoed:



"1753B Fixed Capital Outlay
Law Enforcement Training Residence
From General Revenue Fund



"Funds appropriated in Specific Appropriation 1753B are for the
planning, construction, and equipping of a residence facility by the
Department of Law Enforcement for the Law Enforcement Officer
Region XV Training Council."
Specific Appropriation 1764C on page 230 appropriates $350,000 in
1984-85 from the Land Acquisition Trust Fund for transfer to the
Department of Transportation. Specific Appropriation 1769A on page
231 appropriates $350,000 in 1984-85 from the Grants and Donations
Trust Fund in the Department of Transportation for the Eau Gallie
Causeway Catwalk. This item was not requested by the agency nor
recommended by this office. The funding provided would improve local
conditions but does not contribute to any State plans for recreational or
highway development. Therefore, Specific Appropriation 1764C on
page 230 and 1769A on page 231 which reads as follows, are hereby
vetoed:
"1764C Fixed Capital Outlay
Transfer to Department of Transportation
Grants and Donations Trust Fund/Eau
Gallie Causeway Catwalk
From Land Acquisition Trust Fund 350,000"



1769A Fixed Capital Outlay
Eau Gallie Causeway Catwalk
From Grants and Donations Trust Fund



350,000"



1,200,000"



90,000"



December 6, 1984









JOURNAL OF THE HOUSE OF REPRESENTATIVES



December 6, 1984



The portions of House Bill 1300 which are set forth herein with my
objections, are hereby vetoed and all other portions of House Bill 1300 are
hereby approved.
Sincerely,
BOB GRAHAM
Governor

On motion by Rep. B. L. Johnson, the rules were waived and the House
agreed to take up line item veto 1421 as set forth in the veto message.
Rep. Johnson moved that line item 1421 on page 189 (Expenses, From
Erosion Control Trust Fund, $48,500) be reinstated, the veto of the
Governor to the contrary notwithstanding. The vote was:

Yeas-117



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Nays-2

Pajcic



Evans-Jones
Figg
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.



Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden
Patchett
Peeples
Press
Reaves
Reddick



Renke
Robinson
Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Shelley
Silver
Simon
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Wetherell
Woodruff
Young



Simone



Votes after roll call:

Yeas to Nays-Kutun

So item 1421 of HB 1300 (1984 Regular Session) was reinstated by
the required Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained.

On motion by Rep. Gardner, the rules were waived and the House
agreed to take up line item veto 1556A as set forth in the veto
message.

Rep. Gardner moved that line item 1556A on page 203 (Special
Categories, Art Facilities Development and Operations Program, From
General Revenue Fund, $875,500) be reinstated, the veto of the
Governor to the contrary notwithstanding. The vote was:
Yeas-113



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell



Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton



Carpenter
Casas
Clark
Combee
Crady
Crotty
Dantzler
Davis



Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Frishe



Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Irvine
Jamerson



Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith



Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson
Rochlin
Ros
Sample
Sanderson
Sansom
Selph



Shackelford
Shelley
Silver
Simon
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Wetherell
Woodruff
Young



Nays-1

Simone

Votes after roll call:

Yeas-Clements, Deutsch, Titone

So item 1556A of HB 1300 (1984 Regular Session) was reinstated by
the required Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained.

On motion by Rep. Gardner, the rules were waived and the House
agreed to take up together line item vetoes 1764C and 1769A as set
forth in the veto message.

Rep. Gardner moved that line item 1764C on page 230 and 1769A on
page 231 (1764C Fixed Capital Outlay, Transfer to Department of
Transportation, Grants and Donations Trust Fund/Eau Gallie Cause-
way Catwalk, From Land Acquisition Trust Fund, $350,000; and
1769A Fixed Capital Outlay, Eau Gallie Causeway Catwalk, From
Grants and Donations Trust Fund, $350,000) be reinstated, the veto of
the Governor to the contrary notwithstanding. The vote was:

Yeas-107



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Brantley
Bronson
Brown, C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar



Easley
Evans-Jones
Figg
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Irvine
Jamerson
Jennings
Johnson, B. L.



Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mitchell
Morgan
Morse
Nergard
Ogden
Patchett
Peeples
Press
Reaves



Reddick
Renke
Robinson
Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shelley
Silver
Simon
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Woodruff
Young



28









JOURNAL OF THE HOUSE OF REPRESENTATIVES



December 6, 1984


Nays-7
Bell Lewis
Brown, T. C. Pajcic



Wetherell



Votes after roll call:
Yeas-Lombard
So items 1764C and 1769A of HB 1300 (1984 Regular Session) were
reinstated by the required Constitutional two-thirds vote of all
Members present. The vetoes of the Governor were not sustained.
On motion by Rep. Hodges, the rules were waived and the House
agreed to take up line item veto 322A as set forth in the veto message.

Rep. Hodges moved that line item 322A beginning on page 35
(Special Categories, College of Chiropractic, From General Revenue
Fund, $150,000) be reinstated, the veto of the Governor to the contrary
notwithstanding. The vote was:
Yeas-104



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Brantley
Bronson
Brown, C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Nays-5
Hargrett
Kimmel



Evans-Jones
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.



Pajcic



Kelly
Kutun
Lawson
Lehtinen
Liberti
Lippman
Locke
Lombard
Mackenzie
Martin
Martinez
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson



Simone



Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Silver
Simon
Smith
Souto
Stewart
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Woodruff
Young



Thomas, D. L.



Votes after roll call:
Yeas-Figg, Hollingsworth, Logan
So item 322A of HB 1300 (1984 Regular Session) was reinstated by
the required Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained.

On motion by Rep. Crady, the rules were waived and the House
agreed to take up line item veto 1676A as set forth in the veto
message.

REP. HODGES IN THE CHAIR
Rep. Crady moved that line item 1676A on page 217 (Fixed Capital
Outlay, Nassau County Multi-Use Facility, From General Revenue
Fund, $45,000) be reinstated, the veto of the Governor to the contrary
notwithstanding. The vote was:
Yeas-108



The Chair
Abrams
Allen
Armstrong



Arnold
Bankhead
Bass
Bronson



Brown, C.
Burke
Burnsed
Canady



Carlton
Carpenter
Casas
Clark



Simone
Weinstock



Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Grant
Grindle
Gustafson
Nays-2

Pajcic



Gutman
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke



29



Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mitchell
Morgan
Morse
Nergard
Ogden
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson
Rochlin
Ros
Sanderson



Simone



Votes after roll call:

Yeas-J. Thomas, Hollingsworth

So item 1676A of HB 1300 (1984 Regular Session) was reinstated by
the required Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained.

On motion by Rep. Burnsed, the rules were waived and the House
agreed to take up line item veto 1708A as set forth in the veto
message.

Rep. Burnsed moved that line item 1708A on page 222 (Fixed
Capital Outlay, Lakeland Parking Facility, From General Revenue
Fund, $643,000, From Grants and Donations Trust Fund, $125,000) be
reinstated, the veto of the Governor to the contrary notwithstanding.
The vote was:

Yeas-104



The Chair
Abrams
Allen

Armstrong
Arnold
Bankhead
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Drage
Dudley
Dunbar



Easley
Evans-Jones
Figg
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Grant
Grindle
Gustafson
Gutman
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.



Kelly
Kimmel
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mitchell
Morgan
Morse
Nergard
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson



Rochlin
Ros
Sansom
Selph
Shackelford
Silver
Simon
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



Sansom
Selph
Shackelford
Shelley
Silver
Simon
Smith
Souto
Stewart
Thomas, D. L.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Woodruff
Young









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Nays-6 -
Deutsch
Hanson



Kutun
Pajcic



Sample



Simone



Votes after roll call:
Yeas-Hollingsworth

So item 1708A of HB 1300 (1984 Regular Session) was reinstated by
the required Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained.

On motion by Rep. Dantzler, the rules were waived and the House
agreed to take up line item veto 1679A as set forth in the veto
message.

THE SPEAKER IN THE CHAIR

Rep. Dantzler moved that line item 1679A on page 218 (Fixed
Capital Outlay, Polk County Livestock Pavilion-Bartow, From General
Revenue Fund, $900,000) be reinstated, the veto of the Governor to the
contrary notwithstanding. The vote was:

Yeas-100



The Chair
Abrams
Allen
Arnold
Bankhead
Bass
Bronson
Brown, C.
Burke
Burnsed
Canady
Carpenter
Casas
Clark
Clements
Combee
Crotty
Dantzler
Davis
Drage
Dudley
Evans-Jones
Figg
Friedman
Frishe
Gallagher
Nays-10
Bell
Brown, T. C.
Deutsch



Garcia
Gibbons
Gonzalez-
Quevedo
Grant
Grindle
Gustafson
Gutman
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Lawson
Lehtinen


Hanson
Irvine
Kutun



Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson
Rochlin


Pajcic
Simone



Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Silver
Simon
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Woodruff
Young





Titone
Wetherell



Votes after roll call:
Yeas to Nays-Hargrett
So item 1679A of HB 1300 (1984 Regular Session) was reinstated by
the required Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained.
Without objection, further consideration of line item vetoes on HB
1300 (1984 Regular Session) was temporarily deferred.
Rep. Ward moved that HB 8-A be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call.
The motion was agreed to by the required Constitutional two-thirds
vote and-

By Representative Ward-
HB 8-A-A bill to be entitled An act relating to municipal elections;
prohibiting the holding of municipal elections on certain dates;
rescheduling such elections; providing an effective date.



December 6, 1984



-was read the first time by title. On motions by Rep. Ward, the
rules were waived and HB 8-A was read the second time by title and
the third time by title. On passage, the vote was:
Yeas-118



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley



Evans-Jones
Figg
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.



Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Patchett
Peeples
Press
Reaves
Reddick
Renke



Robinson
Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



Nays-None
So the bill passed and was immediately certified to the Senate.
Rep. Bell, Chairman of the Committee on Appropriations, requested
that Members planning to take up other line item vetoes on HB 1300
please check with him first so that he can consult with the Committee
staff.

Messages from the Senate
The Honorable James Harold Thompson, Speaker
I am directed to inform the House of Representatives that the Senate
has passed by the required Constitutional two-thirds vote on December
6, 1984, the Governor's objections to the contrary notwithstanding, HB
1302 (1984 Regular Session).
Joe Brown, Secretary
The bill was certified to the Secretary of State.
Rep. Morgan moved that the House stand in recess, upon receiving of
reports, for the purpose of holding committee meetings and conducting
other House business, to reconvene at 10:00 a.m. tomorrow. The
motion was agreed to.
Co-sponsors
HB 16-A-Burnsed, Canady, Dantzler
HB 17-A-B. L. Johnson
HB 18-A-B. L. Johnson, Hazouri
Reports of Standing Committees
The Committee on Appropriations recommends the following pass:
HB 13-A
HB 16-A, with amendments
HB 17-A
HB 18-A
The Committee on Commerce recommends the following pass: HB
10-A



30









December 6, 1984



JOURNAL OF THE HOUSE OF REPRESENTATIVES



The above bills were placed in the Committee on Rules &
Calendar.
The Committee on Agriculture recommends the following pass: HB
16-A, with amendments
The Committee on Finance & Taxation recommends the following
pass:
HB 17-A, with amendments (fiscal note attached)
HB 18-A, with amendments (fiscal note attached)
HB 13-A (fiscal note attached)
The Committee on Health & Rehabilitative Services recommends
the following pass: HB 19-A, with amendments
The above bills were referred to the Committee on Appropria-
tions.

Recessed
Pursuant to the motion previously agreed to, the House recessed at
7:58 p.m. to reconvene at 10:00 a.m. tomorrow.



CHAMBER ACTION ON BILLS
December 6, 1984



HB
HB

HB
HR
HR
HB
HB
HB
HJR
HB

HB
SB
SB
SB
SB
SB



8-A-Admitted and passed 118-0
10-A-Admitted; Iden/Sim. SB 10-A substituted; laid on
table
13-A-Iden/Sim. SB 2-A substituted; laid on table
14-A-Adopted
15-A-Adopted
16-A-Passed as amended 120-0
18-A-Passed as amended 118-0
23-A-Iden/Sim. SB 5-A substituted; laid on table
27-A-Passed 116-0
1300-(1984 Regular Session)-Line item vetoes 322A, 1421,
1556A, 1676A, 1679A, 1708A, 1764C, 1769A overridden
1302-(1984 Regular Session) overridden 114-1
1-A-Passed as amended 105-12
2-A-Passed 71-47
5-A-Passed 119-0
10-A-Admitted and passed 117-2



[Source: Legislative Information Division]



31














SZ Lye Jour alOFTH


"House of Iepreseijtatives


FIRST SPECIAL SESSION-"A" of 1984-1986



Friday, December 7, 1984



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

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



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones



Figg
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly



Kimmel
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson



A quorum was present.

Pledge
The Members pledged allegiance to the Flag.

The Journal
The Journal of December 6 was reprinted, as
typographical deficiencies.



Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



revised, to correct



Continuation of HB 1300 (1984 Regular Session)
On motion by Rep. Bell, the rules were waived and HB 1300 (1984
Regular Session) with veto message was taken up.



Honorable George Firestone June 14, 1984
Secretary of State
Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval of portions of House Bill
1300, enacted by the Eighth Legislature of Florida under the Florida
Constitution, 1968 Revision, during the Regular Session of 1984, and
entitled:
"An act making appropriations: providing moneys for the annual
period beginning July 1, 1984, and ending June 30, 1985, to pay
salaries, other expenses, capital outlay-buildings and improve-
ments, and for other specified purposes of the various agencies of
State government; providing an effective date."
I have reviewed House Bill 1300, the General Appropriations Act,
and on balance find it to be a valid and carefully crafted plan for State
operations during FY 84-85. Although in general I support the
Legislature's finished product, there are nevertheless items which I
feel are inappropriate or not in keeping with State priorities.
Several trends have resurfaced in House Bill 1300 that require
mention in this veto message. One trend of concern is the pattern
evident in the case of several appropriations items, in which the
accompanying explanatory language associated with the item is not
descriptive of the actual appropriation. Only through extensive
additional research is one able to discern the real purpose. As an
example, item 1556A, discussed on page 6, relates to art grants. There
is no explanation of what this appropriation is for or where it actually
is intended to go. This lack of clarity makes it difficult for the. members
of the Legislature, the executive branch, and the general public to
appreciate the actual purpose. In future appropriations bills I would
respectfully urge the Legislature to clearly enunciate the purpose
behind each item.
A second trend of concern is the lack of legislative adherence to an
overall policy framework in certain program areas. There is no doubt
that there is a legitimate public interest for the State to participate in
funding art programs or parks and recreation projects for example.
Unfortunately, in an era of limited resources, it is imperative that an
open and rational process be used to identify which projects are
selected and under what conditions. In those instances where procedur-
al steps exist to select and set priorities, these should be followed.
Where they are not in place, appropriate procedures should be
established. Items 1676A, 1676B and 1679A are instances of not
utilizing established decision-making methods.
For these reasons and others that are specifically articulated below, I
am withholding my approval of certain items in House Bill 1300.
Specific Appropriation 29A on page 4 appropriates $30,000 in
1984-85 from the General Revenue Fund for an environmental impact
study needed to apply for federal matching funds to construct a
state-operated domiciliary home for veterans. Receipt of these federal

32



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



Number 2









December 7, 1984



JOURNAL OF THE HOUSE OF REPRESENTATIVES



funds will require a substantial commitment of State funds for
construction and operation of the home. No information is available to
accurately determine the level of future operating costs nor is there a
policy to support expenditure of State funds to provide residential
services exclusively for veterans. A decision to move forward on a
project of this scope should be made in the context of an overall
assessment of the needs of the elderly and handicapped citizens in the
State. Such a study will soon be underway and I expect the study to
address this question. Therefore, Specific Appropriation 29A and the
following proviso on page 4, which reads as follows, are hereby vetoed:
"29A Special Categories
Environmental Impact Study
From General Revenue Fund 30,000
"In addition to funds in Specific Appropriation 29A, all depart-
ments shall, upon request of the Secretary of Administration, and
within the agencies' existing budgets, provide assistance and
support to the Department of Administration in the preparation of
environmental impact studies, site plans, architectural plans and
other studies required for completion of the application for a
veterans' domiciliary care facility directed by Chapter 83-227,
Laws of Florida."
Specific Appropriation 322A beginning on page 35 appropriates
$150,000 in 1984-85 from the General Revenue Fund for the estab-
lishment of a joint chiropractic program between the National
Chiropractic College and a college or university in Florida. This item
was not included in the agency's legislative budget request and there is
no evidence of unmet need for chiropractic services in Florida.
Therefore, Specific Appropriation 322A and the accompanying proviso
language on pages 35 and 36, which reads as follows, are hereby
vetoed:
"322A Special Categories
College of Chiropractic
From General Revenue Fund 150,000
"Funds provided in Specific Appropriation 322A are a one-time
appropriation solely for the purpose of assisting the cooperative
efforts of the National Chiropractic College in establishing a joint
chiropractic program with a college or university in Florida.
Matching funds shall be provided prior to the receipt of any state
funds."
Specific Appropriation 353A on page 41 appropriates $250,000 from
the General Revenue Fund for research by the University of Miami on
AIDS. This item was not included in the agency's legislative budget
request. Additionally, the Center for Disease Control in Atlanta,
Georgia, is conducting research on AIDS through federal funding for
the benefit of all states. Therefore, Specific Appropriation 353A on
page 41, which reads as follows, is hereby vetoed:
"353A Special Categories
Univ. of Miami Research-AIDS
From General Revenue Fund 250,000"
The proviso language on page 57 pertaining to Specific Appropria-
tion 412 contains $10,000,000 from the Working Capital Fund. This is
a duplicate appropriation. Therefore, the specific appropriation of
$10,000,000 referred to in the proviso on page 57, which reads as
follows, is hereby vetoed:
"In the event (b) and (c) requires more than $67,000,000, up to
$10,000,000 from the Working Capital Fund shall be used for this
program. If the funds available for this program are not sufficient
to provide the authorized amount per student, the funds shall be
prorated."
Specific Appropriation 1585C on page 208 transfers $450,000 from
the Department of Transportation Working Capital Trust Fund to the
Department of Education. Specific Appropriation 505A on page 80
appropriates $450,000 and five positions in 1984-85 to the Department
of Education for the Florida Center of Transportation-Technology
Research. The proviso language in the paragraph which begins on page



85 and ends on page 86 delineates the objectives of the Center. In 1972
the Board of Regents established an interdisciplinary Transportation
Research Center (TRC) at the University of Florida. TRC has




33



completed considerable research and currently has contracts pending.
All of the TRC's work has been conducted without direct support from
the Legislature. Any studies desired by the Legislature may be easily
contracted with the existing TRC. Furthermore, the University of
North Florida also has a transportation study center which engages in
related research. The addition of a third program in the absence of a
coordinated systemwide plan seems redundant. I am of the opinion
that the Board of Regents and the Department of Transportation
should coordinate their efforts and jointly recommend a strategy for
funding transportation research activities. This strategy should resolve
the current conflict between funding sources. Finally, revenue collec-
tions available to the Department of Transportation are below the
earlier estimates and the use of $450,000 for this purpose would
further impair the department's ability to complete its mission.
Therefore, Specific Appropriation 505A on page 80, the proviso in the
paragraph which begins on page 85 and ends on page 86, and Specific
Appropriation 1585C on page 208, which read as follows, are hereby
vetoed:



"505A Lump Sum
Florida Center of Transportation-
Technology Research



Positions



From State Transportation (Primary)
Trust Fund



5



450,000



"The Center for Transportation Technology Research, University
of South Florida, Specific Appropriation 505A, shall have as its
major objectives: (1) evaluation of technical policies, management
policies, plans, programs, methodologies, equipment, and materi-
als; (2) prevention of future crises through timely identification of
problems and development of solutions; (3) research to solve state
transportation problems using current technology and developing
new technology. The studies shall be completely independent of all
Florida Department of Transportation directed research efforts. No
instruction shall be undertaken by the Center.
"1585C Lump Sum
Transfer to DOE for Center for
Transportation Technology Research
From Working Capital Trust Fund 450,000"
Proviso language associated with Specific Appropriation 511 on page
81 provides $48,000 in General Revenue Dollars for the University of
Miami for the affiliated program for developmental psychology. The
Southeast Florida program development budget request plan ties the
funds for the University of Miami Developmental Psychology program
to assistantships. Similar assistantships are not provided for the State
universities. Additionally, the plan specifies implementing an affiliat-
ed psychology program among Florida International University,
Florida Atlantic University and the University of Miami during
1984-85. The details to implement the affiliated program have not
been satisfactorily settled. Therefore, the $48,000 relating to this
proposal and the proviso in the first sentence in the last paragraph on
page 87, which reads as follows, is hereby vetoed:
". .. $48,000 for University of Miami for the affiliated program in
developmental psychology and..."
Specific Appropriation 522A on page 82 appropriates $40,000 in
1984-85 from the General Revenue Fund for the Department of
Communications at the University of West Florida. During 1983-84
the Department of Communications at the University of West Florida
received a $110,000 General Revenue appropriation for equipment.
Since Specific Appropriation 522A is not in the University of West
Florida or the Board of Regents' budget request, the specific purpose of
the funding is unclear. Therefore, Specific Appropriation 522A on page
82, which reads as follows, is hereby vetoed:
"522A Special Categories
Department of Communications
University of West Florida
From General Revenue Fund 40,000"
Specific Appropriation 1349A on page 181 appropriates $250,000 in
1984-85 from the Law Enforcement Training Trust Fund for the
establishment of a statewide law enforcement center for excellence at









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Lively Vocational Technical School. This item was not requested by
either the Criminal Justice Standards and Training Commission or the
Department of Law Enforcement. It has not been determined whether
the center is cost effective, sound from a policy perspective or whether
it duplicates existing services. Therefore, Specific Appropriation 1349A
on page 181, which reads as follows, is hereby vetoed:
"1349A Lump Sum
Statewide Center for Excellence
Lively Vocational Tech. Sch.
From Law Enforcement Training
Trust Fund 250,000
Specific Appropriation 1421 on page 189 appropriates $48,500 from
the Erosion Control Trust Fund to conduct a feasibility study and
environmental impact of Gulf water access at Navarre Pass in Santa
Rosa County. Several studies have been completed in this area that
conclude the proposed project is unwarranted. I am not aware of any
changes that negate these earlier conclusions. Therefore, Specific
Appropriation 1421 on page 189, which reads as follows, is hereby
vetoed:
"1421 Expenses
From Erosion Control Trust Fund 48,500"
Specific Appropriation 1427B on page 189 appropriates $75,000 from
the Land Reclamation Administration Trust Fund for transfer to the
Division of Fisheries to conduct a phosphate fishing project. Specific
Appropriation 644A on page 105 appropriates $75,000 from the
Division of Fisheries' State Game Trust Fund for the phosphate fishing
program. This fisheries research program was not requested by the
Game and Fresh Water Fish Commission and the use of the Land
Reclamation Administration Trust Fund for recreational fishing
studies was not contemplated in the creation of the trust fund.
Therefore, Specific Appropriation 1427B on page 189 and Specific
Appropriation 644A on page 105, which read as follows, are hereby
vetoed:
"1427B Aid to Local Governments
Transfer to Division of Fisheries-
Phosphate Fish Project
From Land Reclamation Administration
Trust Fund 75,000"
"644A Lump Sum
Phosphate Fishing Program
From State Game Trust Fund 75,000"
Specific Appropriation 1556A on page 203 and the accompanying
proviso language appropriates $875,500 in 1984-85 from the General
Revenue Fund for the Art Facilities Development and Operations
Program and up to $500,000 for the partial repayment of a loan to the
Jacksonville Arts Assembly. The $875,500 is not appropriated for
projects prioritized in a statewide plan for improvements to art
facilities. A plan should be developed on a statewide basis to determine
the needs of arts facilities and funds appropriated accordingly.
However, the $500,000 appropriation for the Florida Theatre is for a
project that will be the property of the City of Jacksonville and is an
ongoing project which has been reviewed by the Legislature. This
action continues the commitment by the state to a significant
historical center and is accordingly not vetoed. Therefore, $875,500 of
Specific Appropriation 1556A on page 203 is hereby vetoed:



1556A Special Categories
Art Facilities Development and
Operations Program
From General Revenue Fund



875,500



Specific Appropriation 1676A on page 217 appropriates $45,000 in
1984-85 from the General Revenue Fund for a Nassau County
Multi-Use Facility. This item was not requested by the agency and
should not be funded until the need for the new facility is reflected in
the agency plans. Therefore, specific appropriation 1676A on page 217,
which reads as follows, is hereby vetoed:
"1676A Fixed Capital Outlay
Nassau County Multi-Use Facility
From General Revenue Fund 45,000"



Specific Appropriation 1676B on page 218 appropriates $100,000 in
1984-85 from the General Revenue Fund for the Planning Phase/Con-
struction of Agricultural Center/St. Johns County. This item was not
requested by the agency and should not be funded until the need for
the new facility is reflected in the agency plans. Therefore, Specific
Appropriation 1676B on page 218, which reads as follows, is hereby
vetoed:



"1676B Fixed Capital Outlay
Planning Phase/Construction of
Agricultural Center/St. Johns County
From General Revenue Fund



100,000"



Specific appropriation 1679A on page 218 appropriates $900,000 in
1984-85 from the General Revenue Fund for a Polk County Livestock
Pavilion-Bartow. This item was not requested by the agency and
should not be funded until the need for the new facility is reflected in
the agency plans. Therefore, Specific Appropriation 1679A on page
218, which reads as follows, is hereby vetoed:



"1679A Fixed Capital Outlay
Polk County Livestock Pavilion-Bartow
From General Revenue Fund



900,000"



Specific Appropriation 1708A on page 222 appropriates $643,000 in
1984-85 from the General Revenue Fund and $125,000 from the
Grants and Donations Trust Fund for a Lakeland Parking Facility.
Parking problems in connection with State office buildings have
occurred primarily in the large urban centers. The parking deficiencies
that may occur when the Lakeland facility is completed next year have
not been included in the priority ranking with other State office
building parking problems. Therefore, Specific Appropriation 1708A on
page 222, which reads as follows, is hereby vetoed:



"1708A Fixed Capital Outlay
Lakeland Parking Facility
From General Revenue Fund
From Grants and Donations Trust
Fund



643,000

125,000"



Specific Appropriation 1734 on page 225 appropriates $69,795 in
1984-85 from the Special Employment Security Trust Fund for a
parking lot expansion, Cocoa Reed Act Building. This appropriation
provides funds for the same purpose outlined in SB 651 which contains
additional provisions which will assist in implementing this particular
project. Therefore, Specific Appropriation 1734 on page 225, which
reads as follows, is hereby vetoed:



"1734 Fixed Capital Outlay
Parking Lot Expansion, Cocoa Reed
Act Building
From Special Employment Security
Trust Fund



69,795"



Specific Appropriation 1748A on page 227 appropriates $90,000 in
1984-85 from the Operating Trust Fund for the acquisition of historic
property for use as board offices. This item was requested by the
agency on behalf of the Historic Tampa/Hillsborough County Preserva-
tion Board but no specific property was identified. The overall space
requirements of the board should be evaluated and a plan developed
for meeting those requirements prior to providing funding for property
acquisition. Therefore, Specific Appropriation 1748A on page 227,
which reads as follows, is hereby vetoed:
"1748A Fixed Capital Outlay
"Acquire Historic Property for use
as Board Offices
From Operating Trust Fund 90,000"
Specific Appropriation 1753B on page 228 appropriates $1,200,000
from the General Revenue Fund for a law enforcement training
residence. This project was not requested by the Criminal Justice
Standards and Training Commission, Department of Law Enforce-
ment, or recommended by my office. The need for this facility has not
been adequately demonstrated since it is not part of a Law Enforce-
ment Training Facilities Development Plan. Therefore, Specific Ap-
propriation 1753B and the accompanying proviso language on page
228, which reads as follows, are hereby vetoed:



34



December 7, 1984









JOURNAL OF THE HOUSE OF REPRESENTATIVES



"1753B Fixed Capital Outlay
Law Enforcement Training Residence
From General Revenue Fund



Nays-5
Davis
1,200,000 Deutsch
Deutsch



"Funds appropriated in Specific Appropriation 1753B are for the
planning, construction, and equipping of a residence facility by the
Department of Law Enforcement for the Law Enforcement Officer
Region XV Training Council."

Specific Appropriation 1764C on page 230 appropriates $350,000 in
1984-85 from the Land Acquisition Trust Fund for transfer to the
Department of Transportation. Specific Appropriation 1769A on page
231 appropriates $350,000 in 1984-85 from the Grants and Donations
Trust Fund in the Department of Transportation for the Eau Gallie
Causeway Catwalk. This item was not requested by the agency nor
recommended by this office. The funding provided would improve local
conditions but does not contribute to any State plans for recreational or
highway development. Therefore, Specific Appropriation 1764C on
page 230 and 1769A on page 231 which read as follows, are hereby
vetoed:



The Chair
"1764C Fixed Capital Outlay Allen
Transfer to Department of Transportation Armstrong
Grants and Donations Trust Fund/Eau Arnold
Gallie Causeway Catwalk Bankhead
From Land Acquisition Trust Fund 350,000" Bass
"1769A Fixed Capital Outlay Bell
Eau Gallie Causeway Catwalk Brantley
From Grants and Donations Trust Fund 350,000" Bron,nC.
Brown, C.
The portions of House Bill 1300 which are set forth herein with my Brown, T. C.
objections, are hereby vetoed and all other portions of House Bill 1300 Burnsed
are hereby approved. Canady
Carlton
Sincerely, Carpenter
BOB GRAHAM Ca enter
Governor Clark
On motion by Rep. Upchurch, the rules were waived and the House Clements
agreed to take up line item veto 1676B as set forth in the veto Combee
message. Crady
Crotty
Rep. Upchurch moved that line item 1676B on page 218 (Fixed Deutsch
Capital Outlay, Planning Phase/Construction of Agricultural Center/ Drage
St. Johns County, From General Revenue Fund, $100,000) be rein- Dudley
stated, the veto of the Governor to the contrary notwithstanding. The Dunbar



vote was:
Yeas-103
The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Drage
Dudley
Dunbar
Easley



Evans-Jones
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Harris
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, D. L.



Kelly
Kimmel
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mitchell
Morgan
Morse
Nergard
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson



Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Shelley
Simon
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



Nays-2
Hargrett



Votes after roll call:
Nays-Pajcic
So item 1676B of HB 1300 (1984 Regular Session) was reinstated by
the required Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained.
On motion by Rep. Tobiassen, the rules were waived and the House
agreed to take up line item veto 522A as set forth in the veto message.
Rep. Tobiassen moved that line item 522A on page 82 (Special
Categories, Department of Communications-University of West Flori-
da, From General Revenue Fund, $40,000) be reinstated, the veto of
the Governor to the contrary notwithstanding. The vote was:
Yeas-99



Easley
Evans-Jones
Friedman
Frishe
Gallagher
Garcia
Gardner
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Harris
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.



Jones, D. L.
Kelly
Kimmel
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Mackenzie
McEwan
Meffert
Messersmith
Metcalf
Mitchell
Morgan
Morse
Nergard
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson



Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Shelley
Simon
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



Simone



Votes after roll call:
Yeas-Lombard
Nays-Pajcic
So Item 522A of HB 1300 (1984 Regular Session) was reinstated by
the required Constitutional two-thirds vote of all Members present.
The veto of the Governor was not sustained and HB 1300, with veto
message attached, was immediately certified to the Senate.
On motion by Rep. Lippman, the rules were waived and SB 11-A was
taken up.

The Honorable James Harold Thompson, Speaker
I am directed to inform the House of Representatives that the Senate
has admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed SB 11-A and requests the
concurrence of the House.
Joe Brown, Secretary
By Senator Myers-
SB 11-A-A bill to be entitled An act relating to medical practice;
repealing s. 458.303(1)(j), F.S., as created by Committee Substitute for
Senate Bill 341 which was passed in the December 6th Special Session
of the Legislature, the veto of the Governor notwithstanding, and
which allows certain dentists to administer nondental anesthesia.



Figg



Hargrett



Simone



December 7, 1984



35









JOURNAL OF THE HOUSE OF REPRESENTATIVES



December 7, 1984



Rep. Lippman moved that SB 11-A be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call.
The motion was agreed to by the required Constitutional two-thirds
vote and SB 11-A was read the first time by title. On motions by Rep.
Lippman, the rules were waived and SB 11-A was read the second time
by title and the third time by title. On passage, the vote was:
Yeas-104



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Nays-6
Hodges
Jamerson



Easley
Evans-Jones
Friedman
Frishe
Gallagher
Garcia
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gutman
Hanson
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hollingsworth
Irvine
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kelly
Kimmel



Lewis
Meffert



Kutun
Lawson
Lehtinen
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Reaves
Reddick
Renke


Upchurch



Robinson
Rochlin
Ros
Sample
Sansom
Selph
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Webster
Weinstock
Young





Woodruff



Votes after roll call:
Yeas-Figg
So the bill passed and was immediately certified to the Senate.
On motion by Rep. Lippman, the rules were waived and vetoed
CS/SB 341 (1984 Regular Session) with veto message was taken up.

The Honorable James Harold Thompson, Speaker
I am directed to inform the House of Representatives that the Senate
has passed CS/SB 341 (1984 Regular Session) by the required
Constitutional two-thirds vote on December 6, 1984, the Governor's
objections to the contrary notwithstanding and requests the concur-
rence of the House.
Joe Brown, Secretary



June 20, 1984



Honorable George Firestone
Secretary of State



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8 of the Constitution of the State of
Florida, I hereby withhold my approval of and transmit to you with my
objections Committee Substitute for Senate Bill 341, enacted by the
Eighth Legislature of Florida under the Florida Constitution, 1968
Revision, during the Regular Session of 1984, and entitled:
An act relating to medical practice; amending s. 474.214, F.S.,
requiring a licensee to report certain violations; amending s.
458.303, F.S.; limiting the issuance of medical faculty certificates;
permitting qualified dentists to administer nondental anesthesia;
amending s. 458.307, F.S.; permitting medical college physicians
to be members of the board; amending ss. 458.311, 458.313 and
458.319, F.S.; increasing maximum license fees; clarifying educa-



tional requirements for licensure; clarifying examination require-
ments for licensure by endorsement; relating to graduates of
foreign medical schools; creating s. 458.349, F.S.; defining "medi-
cal assistant"; providing for duties; providing for certification;
amending s. 458.347, F.S.; changing exceptions to the require-
ments for programs for the education and training of physician's
assistants; amending s. 381.494, F.S.; providing an effective date.
This bill addresses several professions within the Department of
Professional Regulation. It sets forth a procedure for dealing with
impaired veterinarians. Provisions relating to Chapter 458, Florida
Statutes, concerning medical practice, include a limitation on the
issuance of medical faculty certificates; removal of a prohibition in
current law forbidding medical college physicians from sitting on the
State Board of Medical Examiners; increasing licensure and examina-
tion fees; and clarifying certain requirements for licensure by endorse-
ment. The bill also strengthens the section of law dealing with
physician's assistants by removing exemptions; and it clarifies the
certificate-of-need process for osteopathic acute-care hospitals.
Certain provisions in this bill are particularly laudable. I refer
specifically to sections relating to graduates of foreign medical schools
and to the newly defined profession of "medical assistant." Each of
these provisions would open the doors for qualified foreign-trained
health care professionals to serve in the careers for which they have
trained and for which they have proven themselves capable under
Florida law.
The section directly relating to these graduates was developed with
the active assistance of the Department of Professional Regulation.
This provision would provide flexibility for foreign-trained graduates
to take the state licensing exam, if it is available, before completion of
an approved internship; at the same time, early examination would not
eliminate the requirement of completing the internship, nor would it
otherwise interfere with statutory safeguards for licensure.
The bill also creates the new category of "medical assistant," to
mean a person who assists in all aspects of medical practice under the
direct responsibility of a physician. This category, which would differ
from that of the physician's assistant who need not be under direct
supervision, would allow foreign-trained personnel to work in related
fields while they wait to begin internships.
I am supportive of allowing access to the regulated professions for
foreign-trained individuals who demonstrate ability to meet state
standards for practice. Therefore, I supported the original concept of
this bill; and I am disappointed that I cannot sign into law this year.
My objections to the bill focus on a section which was added on the
floor of the Senate, without having gone through the regular
legislative committee process. As amended, the bill allows adminis-
tration of nondental anesthesia by a Florida-licensed dentist who has
completed a residency program in anesthesiology at a school of
medicine approved by the Board of Medical Examiners.
Anesthesia is one of the most complex fields of medical practice,
traditionally ranking first or second in malpractice insurance rates in
every state in the nation. In Florida, total claims have dropped in
recent years, due to efforts by the profession and its regulators, but the
severity of claims filed remains the highest among all medical
insurance classes.
In anesthesiology, as in all other health professions regulated by the
State, several issues must be considered. The most paramount,
obviously, is that of the health and safety of patients, but the State
also bears a responsibility for the economic impact of regulation.
Health care costs must not be driven up unnecessarily because
competition is unreasonably restricted to only a portion of those
individuals competent to practice safely and effectively.
Both health safety and economic issues need to be studied carefully
in regulatory decisions about widening or narrowing scopes of practice.
Before I could sign into law any legislation opening the delicate area of
anesthesiology to persons previously unlicensed for the purpose, I must



be satisfied that numerous questions have been systematically ad-
dressed and answered by the Legislature. Such questions should
include:



36










December 7, 1984



JOURNAL OF THE HOUSE OF REPRESENTATIVES



-Whether dentists trained as provided under this bill could perform
anesthesia with competence equal to that of an anesthesiologist
otherwise medically trained.

-Whether there is reasonable evidence to believe that health and
safety risks would increase if this scope of practice were added to
Florida law.

-What would be the appropriate procedure for licensure, oversight
and discipline by the Department of Professional Regulation for
such practitioners.

For the above reasons, I am withholding my approval of Committee
Substitute for Senate Bill 341, Regular Session of the Legislature,
commencing on April 3, 1984, and do hereby veto the same.

Sincerely,
BOB GRAHAM
Governor

Rep. Lippman moved that CS/SB 341 (1984 Regular Session) pass,
the veto of the Governor to the contrary notwithstanding. The vote
was:

Yeas-111



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley



Evans-Jones
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.



Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden
Patchett
Press
Reaves



Reddick
Renke
Robinson
Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Wallace
Ward
Watt
Webster
Weinstock
Woodruff
Young



Nays-None

Votes after roll call:

Yeas-Carlton, Figg
Nays-Pajcic

So CS/SB 341 (1984 Regular Session) passed by the required
Constitutional two-thirds vote of all Members present. The veto of the
Governor was not sustained and the bill was immediately certified to
the Senate.

On motions by Rep. J. Thomas, the rules were waived and vetoed HB
382 (1984 Regular Session) with veto message was withdrawn from the
Select Committee on Claims and taken up.



June 14, 1984



By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of



Florida, I hereby withhold my approval of and transmit to you with my
objections House Bill 382, enacted by the Eighth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular
Session of 1984, and entitled:

An act for the relief of Johnnie Mae Singleton, and her husband,
Sterling F. Singleton; providing an appropriation to compensate
them for injuries and losses caused by the Department of
Transportation; providing an effective date.

The bill provides for the relief of Johnnie Mae Singleton of
Jacksonville for $100,000 from the Department of Transportation
funds for an incident which occurred in 1971 when the claimant
stepped on a manhole cover located in the middle of the sidewalk. The
cover gave way and she fell into the hole, sustaining injuries to her left
arm.

There has been no evidence presented that there is a legitimate
claim against the Department of Transportation from this incident.
This case was not tried by a court or presented to a jury. Also, the
report of the legislative masters in this case did not conclude that the
proximate cause of the injury was the negligence of the Department of
Transportation.

Further, Section 11.065(1), Florida Statutes, states that claims
against the state must be presented within four years after the cause
for relief accrued. As mentioned above, the incident which resulted in
the presentation of this claim occurred 13 years ago.

For the above reasons, I am withholding my approval of House Bill
382, Regular Session of the Legislature, commencing on April 3, 1984,
and do hereby veto the same.
Sincerely,
BOB GRAHAM
Governor

Rep. J. Thomas moved that HB 382 (1984 Regular Session) pass, the
veto of the Governor to the contrary notwithstanding. The vote was:

Yeas-102



The Chair
Abrams
Allen
Arnold
Bankhead
Bass
Bronson
Brown, C.
Burke
Burnsed
Canady
Carpenter
Casas
Clark
Clements
Combee
Crady
Dantzler
Davis
Drage
Dunbar
Easley
Evans-Jones
Figg
Friedman
Frishe

Nays-7

Brantley
Crotty



Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.



Deutsch
Dudley



Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mitchell
Morgan
Morse
Nergard
Ogden
Patchett
Peeples



Sample
Simone



Press
Reaves
Reddick
Renke
Robinson
Ros
Sanderson
Sansom
Selph
Shelley
Simon
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Woodruff
Young



Titone



Votes after roll call:

Yeas-Carlton
Nays-Pajcic



37



Honorable George Firestone
Secretary of State

Dear Mr. Secretary:









JOURNAL OF THE HOUSE OF REPRESENTATIVES



So HB 382 (1984 Regular Session) passed by the required Constitu-
tional two-thirds vote of all Members present. The veto of the Governor
was not sustained and the bill was immediately certified to the Senate.
On motions by Rep. Martinez, the rules were waived and HB 475
(1984 Regular Session) with veto message was withdrawn from the
Committees on Health Care & Insurance ahd Appropriations and
taken up.



Honorable George Firestone
Secretary of State



June 14, 1984



Dear Mr. Secretary:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I hereby withold my approval of and transmit to you with my
objections House Bill 475, enacted by the Eighth Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular
Session of 1984, and entitled:
An act relating to insurance; amending s. 627.419, F.S., requiring
chiropractic coverage in certain insurance policies, plans, and
contracts; amending s. 110.123 (5) (a), F.S., relating to payments
to chiropractic physicians under the State Group Insurance
Program Law; providing an effective date.
This bill mandates that all health insurance policies, health care
services plans and other such contracts for the payment of medical
expense benefits or procedures include chiropractic coverage as an
integral part of the benefit structure.
This requirement raises several significant barriers to the attempts
by both public and private sectors in Florida to control rising health
care costs. Mandatory coverage of chiropractic care is likely to increase
overall health care costs, and is certain to increase health insurance
costs for persons who currently have no chiropractic coverage.
The State Group Insurance Plan experience indicates the possible
negative impact of this legislation on health care costs generally.
Under the state insurance program, 10,270 persons have opted for or
automatically receive chiropractic coverage, while 68,590 persons have
no such coverage. Statistics show that, during the 1982-83 fiscal year,
persons in that first group submitted non-chiropractic claims totalling
37 percent less than claims submitted by the second group; yet total
health care claims-chiropractic and non-chiropractic-for the first
group were 53 percent higher.
One effect of this bill would be that much of the cost of chiropractic
coverage would shift to non-users and perhaps to employers, through
increased health insurance premiums. Most cruelly, health insurance
costs would climb for retirees; for example, the increase would be
anywhere from $30 to $125 yearly for state retirees, a group in which
only 395 of more than 7,000 now opt for chiropractic coverage.
Some attempt was made in the legislation to limit claims by
state-covered chiropractic patients. The bill states, somewhat ambi-
guously, that such payments shall be limited to "$400 annually or 28
office visits annually whichever limitation results in the lesser
payment of insurance benefits." The $400 cap is about one-third again
greater than the average state chiropractic payout per person covered
in fiscal year 1982-83. Thus, the estimated additional cost to the state
of such law would be about $3.5 million each year, a reflection of both
probable increased utilization due to increased availability of coverage
and the shifting of costs from employees to the State.
This legislation also interferes unfairly in private business by
requiring every small business owner in Florida who offers insurance
to employees to add chiropractic coverage. Most large group insurance
plans already include this coverage and thus would be unaffected by
the mandate. However, the number of smaller employers who offer
employee pay-all options, as the State does, is unknown. As with the
State, the cost of health insurance benefits would increase for these
small employers, possibly resulting in an overall reduction of health
insurance benefits they provide.
The absence of this legislation from Florida Statutes does not
interfere with an individual's ability to receive chiropractic coverage, if



it is desired. Under present law, a person covered by the health
insurance policies addressed may request and receive chiropractic
coverage, at no cost to the other employees. This bill would result in all
employees under a group plan-whether or not they use chiropractic
services-bearing the cost of coverage.

Finally, health maintenance organizations may be negatively af-
fected by this bill. Chapter 641, Florida Statutes, exempts these
organizations from laws governing the insurance industry and, to my
knowledge, only one HMO in Florida offers chiropractic services.
However, the words in this bill "Notwithstanding any other provision
of law" would appear to subject HMOs to the chiropractic requirement,
thus negatively affecting their cost-containment efforts.

For the above reasons, I am withholding my approval of House Bill
475, Regular Session of the Legislature, commencing on April 3, 1984,
and do hereby veto the same.

Sincerely,
BOB GRAHAM
Governor

Rep. Martinez moved that HB 475 (1984 Regular Session) pass, the
veto of the Governor to the contrary notwithstanding. The vote was:

Yeas-100



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Brantley
Bronson
Brown, C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Davis
Deutsch
Drage
Dudley
Dunbar

Nays-4

Hanson



Easley Jones, D. L.
Evans-Jones Kelly
Friedman Kutun
Frishe Lawson
Gallagher Lehtinen
Gardner Lewis
Gibbons Liberti
Gonzalez- Lippman
Quevedo Locke
Grant Logan
Grindle Lombard
Gustafson Mackenzie
Gutman Martin
Hargrett Martinez
Harris McEwan
Hawkins, M. E. Meffert
Hazouri Messersmith
Hill Metcalf
Hodges Mills
Hollingsworth Mitchell
Irvine Morgan
Jamerson Morse
Jennings Nergard
Johnson, B. L. Ogden
Johnson, R. C. Patchett
Jones, C. F. Press



Kimmel



Simone



Reaves
Reddick
Renke
Robinson
Ros
Sanderson
Sansom
Selph
Shelley
Simon
Smith
Stewart
Thomas, J.
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Woodruff
Young



Thomas, D.L.



Votes after roll call:

Yeas-Garcia, Sample
Nays-Pajcic

So HB 475 (1984 Regular Session) passed by the required Constitu-
tional two-thirds vote of all Members present. The veto of the Governor
was not sustained and the bill was immediately certified to the Senate.

Presentation of Guest

The speaker presented U.S. Congressman C. William Nelson, former
Member of the House from Melbourne.

Recessed
On motion by Rep. Morgan, the House recessed at 10:54 a.m. to
reconvene at 2:00 p.m. today.



December 7, 1984



38









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Reconvened
The House was called to order by the Speaker at 2:00 p.m. A quorum
was present.
The following Special Order was submitted by the Chairman:



The Honorable James Harold Thompson
Speaker, House of Representatives



December 7, 1984



Sir:
In accordance with the vote of the House, the following report is
submitted as the Special and Continuing Order Calendar beginning
Friday afternoon, December 7, 1984. Consideration of the House bills
shall include the Senate companion measures.



HB 6-A
HB 20-A
HR 22-A
HM 25-A
HB 19-A
HB 24-A
HB 28-A



Appropriations/North Miami
Statutes of Limitations
Shriners
Ethiopia/Emergency Aid
Child Care
Child Care Appropriations
Legislature



Respectfully submitted,
Herbert F. Morgan, Chairman
Committee on Rules & Calendar

Special Order
By Representative Gordon-
HB 6-A-A bill to be entitled An act relating to appropriations;
providing an appropriation to the City of North Miami of interest
earned on funds previously appropriated for construction of an athletic
stadium complex to be used in the construction of the project; providing
an effective date.
-was taken up. Rep. Gordon moved that HB 6-A be admitted for
introduction, the Speaker having ruled the measure was outside the
purview of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and HB 6-A was read the first time by
title. On motions by Rep. Gordon the rules were waived and the bill
was read the second time by title and-

The Honorable James Harold Thompson, Speaker
I am directed to inform the House of Representatives that the Senate
"has admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed SB 8-A and requests the
concurrence of the House.
Joe Brown, Secretary

By Senator Margolis-
SB 8-A-A bill to be entitled An act relating to appropriations;
providing an appropriation to the City of North Miami of interest
earned on funds previously appropriated for construction of an athletic
stadium complex to be used in the construction of the project; providing
an effective date.
-was taken up. Rep. Gordon moved that SB 8-A be admitted for
introduction, the Speaker having ruled the measure was outside the
purview of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and SB 8-A was read the first time by
title.
On motions by Rep. Gordon, the rules were waived and SB 8-A,
being a similar or companion measure, was substituted for HB 6-A and
read the second time by title. Under the rule, HB 6-A was laid on the
table. On motion by Rep. Gordon, the rules were waived and SB 8-A
was read the third time by title. On passage, the vote was:
Yeas-104



The Chair
Abrams
Allen
Arnold



Bankhead
Bass
Bell
Brantley



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



Burnsed
Canady
Carlton
Carpenter



Casas
Clark
Clements
Combee
Crady
Dantzler
Davis
Deutsch
Drage
Easley
Evans-Jones
Figg
Friedman
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Nays-11
Crotty
Dudley
Dunbar



Gutman
Hanson
Hargrett
Harris
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke



Frishe
Jennings
Lombard



Logan
Mackenzie
Martin
Martinez
McEwan
Meffert
Metcalf
Mills
Mitchell
Morse
Nergard
Pajcic
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson
Rochlin
Ros
Sample
Sanderson



Messersmith
Simone
Thomas, D. L.



Sansom
Selph
Shackelford
Shelley
Silver
Simon
Smith
Souto
Stewart
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Weinstock
Wetherell
Woodruff
Young



Watt
Webster



So the bill passed and was immediately certified to the Senate.
HB 20-A was taken up. On motion by Rep. Gordon, the rules were
waived and-

The Honorable James Harold Thompson, Speaker
I am directed to inform the House of Representatives that the Senate
has admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed SB 12-A and requests the
concurrence of the House.
Joe Brown, Secretary

By Senators Frank and Fox-
SB 12-A-A bill to be entitled An act relating to statutes of
limitations; amending s. 775.15, F.S., as amended; specifying applica-
bility of statutes of limitations relating to certain sexual offenses;
providing an effective date.
-was taken up in lieu of HB 20-A. Rep. Gordon moved that SB 12-A
be admitted for introduction, the Speaker having ruled the measure was
outside the purview of the Call. The motion was agreed to by the
required Constitutional two-thirds vote and SB 12-A was read the first
time by title. On motions by Rep. Gordon, the rules were waived and SB
12-A 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
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter



Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman



Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, M. E.



Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen
Lewis



December 7, 1984



39









JOURNAL OF THE HOUSI



Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell



Morse
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson
Rochlin
Ros
Sample



Sanderson
Sansom
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone



Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



Nays-None
Votes after roll call:
Yeas--Jennings
So the bill passed and was immediately certified to the Senate.
By Representatives Grant, Clements, D. L. Jones, Dudley, Martinez,
Mitchell-
HR 22-A-A resolution commending the Shriners for their contri-
butions to the care of injured children.
WHEREAS, The Shrine of North America, consisting of nearly 1
million members, has long been characterized by' the color and
pagentry of its parades, its marching uniformed units, its bands and
the patriotism of its members, as well as its fundraising activities
which have helped raise millions of dollars for what may be "the
world's greatest philanthropy," Shriners Hospitals for Crippled Chil-
dren, and
WHEREAS, The State of Florida is favored with 9 Shrine Temples
within its borders, supporting 19 orthopedic Shriners Hospitals and 3
Shrine Burn Institutes, and
WHEREAS, from the time the first Shriners Hospital was con-
structed in 1922, the Shrine of North America has cured or materially
helped more than 285,000 crippled and burned children and, in doing
so, has always treated its patients wholly without any charge to the
parents, and
WHEREAS, at the same time, Shriners Hospitals have trained
approximately one-fourth of the certified orthopedists in the nation,
and
WHEREAS, Shriners Hospitals for Crippled Children had an
operating budget of $110 million during 1984 and has been in the
forefront of research in the causes of crippling, recently making
medical history by helping develop the first successful use of human
skin grown in a laboratory to cover large portions of severely burned
bodies, and
WHEREAS, Shriners Hospitals for Crippled Children will be
opening its 22nd hospital in early 1985 on the campus of the
University of South Florida in Tampa, to serve crippled children from
Florida and Georgia needing orthopedic care and treatment, who
might otherwise be unable to secure such necessary medical treatment,
NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of
Florida:
That the House of Representatives of the State of Florida extends its
warm gratitude and grateful appreciation to all Shriners everywhere
for their boundless dedication and for the philanthropic work they do
in assisting crippled and burned children throughout all of North
America.
-was taken up. Rep. Grant moved that HR 22-A be admitted for
introduction, the Speaker having ruled the measure was outside the
purview of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and HR 22-A was read the first time by
title. On further motions by Rep. Grant, the rules were waived and the
resolution was read the second time in full and adopted.



40



penalty; creating s. 402.319, F.S., providing a penalty for specified
conduct; creating the Child Care Task Force; providing for membership,
meetings, and expenses thereof; providing for expiration of the task force;
providing for Sunset review and repeal; providing an effective date.
-was read the second time by title.



OF REPRESENTATIVES December 7, 1984

By Representatives C. Brown, Hargrett, Burke, Abrams, Reddick,
Tobin, Reaves, Deutsch, Press, Mackenzie, Armstrong, Smith, Logan,
J. Thomas, Simon, Friedman, Wetherell, Peeples, Weinstock, Wallace,
Jamerson, Clark, T. C. Brown, Pajcic, Metcalf-
HM 25-A-A memorial to the Congress of the United States, urging
Congress to take appropriate action to provide emergency aid and
assistance to Ethiopia.
WHEREAS, Ethiopia is currently experiencing one of the worst
famines of the century, and
WHEREAS, the House Select Committee on Hunger of the United
States Congress has just completed a 5-day visit to Ethiopia to
examine the extent of this horrifying problem, and
WHEREAS, the Congress of the United States should take whatever
action is necessary to provide immediate emergency relief in the form
of foodstuffs to the people of Ethiopia, and
WHEREAS, the Legislature of the State of Florida urges the states'
citizens to contribute whatever they can in the way of money to be
used to help feed the starving peoples of Ethiopia, and
WHEREAS, it is particularly appropriate at this time of year that
the people of the State of Florida and of the United States do
everything in their power to alleviate the tremendous suffering of the
people of Ethiopia, NOW, THEREFORE,
Be It Resolved by the Legislature of the State of Florida:
That the Congress of the United States is urged to take whatever
action is appropriate to provide immediate emergency relief in the
form of foodstuffs to the people of Ethiopia.
BE IT FURTHER RESOLVED that copies of this memorial be
dispatched to the President of the United States Senate, to the Speaker
of the United States House of Representatives, and to each member of
the Florida delegation to the United States Congress.
-was taken up. Rep. Burke moved that HM 25-A be admitted for
introduction, the Speaker having ruled the measure was outside the
purview of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and HM 25-A was read the first time by
title. On motions by Rep. Burke, the rules were waived and HM 25-A
was read the second time in full, adopted, and under the rule
immediately certified to the Senate.
HB 19-A-A bill to be entitled An act relating to child care; amending
s. 402.301, F.S., providing legislative intent and expanding state policy;
amending s. 402.302, F.S., modifying and adding definitions; amending s.
402.305, F.S., modifying licensing standards for child care facilities to
provide for screening and background checks and for reasonable access;
amending s. 402.306, F.S., requiring the department and local licensing
agencies to disseminate certain information; amending s. 402.307, F.S.,
relating to approval of licensing agencies; amending s. 402.308, F.S.,
relating to issuance of license, to clarify; providing for reapplication upon
change of ownership; providing for monthly review of certain local
licenses, zoning approvals and variances, etc., to prevent the operation of
unlicensed facilities; amending s. 402.309, F.S., decreasing the period of
time for which provisional licenses may be issued and otherwise
modifying provisions relating thereto; amending s.402.310, F.S., relating
to disciplinary actions, to clarify; amending s. 402.311, F.S., expanding
provisions relating to inspections; amending s. 402.312, F.S., expanding
provisions relating to injunctive relief; creating s. 402.3125, F.S.,
providing requirements as to display and appearance of licenses;
providing for development and distribution of brochures to parents;
requiring certification of compliance; providing a penalty for noncom-
pliance; specifying contents; providing for availability of similar bro-
chures to all interested persons; amending s. 402.315, F.S., relating to
funding, to clarify; amending s. 402.316, F.S., relating to exemptions;
creating s. 402.318, F.S., prohibiting certain advertisements; providing a












The Committee on Health & Rehabilitative Services offered the
following amendment:

Amendment 1-On page 11, lines 15 and 16, strike ", whichever is
appropriate,"
Rep. R. C. Johnson moved the adoption of the amendment, which
was adopted.
The Committee on Health & Rehabilitative Services offered the
following amendment:

Amendment 2-On page 20, line 23, after the comma insert: or his
designee,
Rep. R. C. Johnson moved the adoption of the amendment, which
was adopted.
The Committee on Health & Rehabilitative Services offered the
following amendment:
Amendment 3-On page 21, line 12, after the word "children"
insert: training requirements, parental involvement
Rep. Gonzalez-Quevedo moved the adoption of the amendment,
which was adopted.
Representative Hargrett offered the following amendment:
Amendment 4-On page 9, line 28, after the period insert: The
department shall grant or deny the reapplication for license within 45
days from the date upon which the child care facility reapplies.
Rep. Hargrett moved the adoption of the amendment, which was
adopted.
Representative Gallagher offered the following amendment:
Amendment 5-On page 20, line 7, strike therefore "
Rep. Gallagher moved the adoption of the amendment, which was
adopted without objection.
Representatives D. L. Jones, Evans-Jones, Hill, Gonzalez-Quevedo,
D. L. Thomas, Lombard, Watt, Drage, Webster, Crotty, Brantley,
Sansom, and Hanson offered the following amendment:
Amendment 6-On page 7, lines 1-8, strike all of said lines and
insert: first aid and ratios of personnel to children. The minimum
standards shall require as a prerequisite to license issuance or renewal
that a complete set of fingerprints taken by an authorized law
enforcement officer shall be submitted to the department for all
personnel of the child care facility, including the operator, employees,
and volunteers. The department shall submit the fingerprints to the
Department of Law Enforcement for state processing and to the Federal
Bureau of Investigation for federal processing. The costs of such
processing shall be borne by the operator, employee, or volunteer of the
child care facility.
Rep. Jones moved the adoption of the amendment.
Representatives Mills, Bell, Gordon, R. C. Johnson, and Lippman
offered the following substitute amendment:
Substitute Amendment 6-On page 8, between lines 5 and 6
insert: Section 4. Section 402.3055, Florida Statutes, is created to read:
402.3055 Voluntary Submission of Fingerprints.-Licensed child care
facilities may request the Department of Health and Rehabilitative
Services to submit fingerprints of their child care personnel to the
Department of Law Enforcement for state processing and for federal
processing by the Federal Bureau of Investigation. (renumber subse-
quent sections)
On page 21, line 13, after the period insert: The task force shall also
develop guidelines and a plan for implementing the nationwide
criminal record check requirement contained in the expanded Title XX
appropriation as enacted in Public Law 98-473. The guidelines and
plan shall be submitted for consideration during the 1985 Legislative
Session.



Rep. Mills moved the adoption of the substitute amendment, which
was adopted. The vote was:



Yeas-73
The Chair
Abrams
Allen
Armstrong
Arnold
Bass
Bell
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Clark
Clements
Crady
Dantzler
Nays-47
Bankhead
Brantley
Casas
Combee
Crotty
Drage
Dudley
Dunbar
Easley
Evans-Jones
Frishe
Gallagher



Davis
Deutsch
Figg
Friedman
Gardner
Gibbons
Gordon
Gustafson
Hargrett
Harris
Hawkins, L. R.
Hodges
Hollingsworth
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kelly
Kutun


Garcia
Gonzalez-
Quevedo
Grant
Grindle
Gutman
Hanson
Hawkins, M. E.
Hazouri
Hill
Irvine
Jennings



41



Lawson
Lehtinen
Lippman
Locke
Logan
Mackenzie
Martin
Martinez
Meffert
Metcalf
Mills
Mitchell
Morgan
Ogden
Pajcic
Peeples
Press
Reaves
Reddick


Jones, D. L.
Kimmel
Lewis
Liberti
Lombard
McEwan
Messersmith
Morse
Nergard
Patchett
Renke
Ros



Robinson
Rochlin
Shackelford
Silver
Simon
Smith
Stewart
Thomas, J.
Tobiassen
Tobin
Upchurch
Wallace
Ward
Weinstock
Wetherell
Young





Sample
Sanderson
Sansom
Selph
Shelley
Simone
Souto
Thomas, D. L.
Titone
Watt
Webster
Woodruff



Representatives Mills, Bell, Gordon, and R. C. Johnson offered the
following title amendment:
Amendment 7-On page 1, line 9, after the semicolon insert:
creating s. 402.3055, F.S., providing for voluntary fingerprinting;
Rep. Mills moved the adoption of the amendment, which was adopted
without objection.
Representatives Mills, Bell, Gordon, R. C. Johnson, and Lippman
offered the following amendment:
Amendment 8-On page 21, line 16, after the period insert: Section
17. There is hereby appropriated the sum of $59,537 from the
Operating Trust Fund to the Florida Department of Law Enforcement
and there are hereby created 5 positions within the department and
there is hereby appropriated the sum of $19,944 from the General
Revenue Fund to the Department of Health and Rehabilitative
Services and there are hereby created 2 positions within the Depart-
ment of Health and Rehabilitative Services for the implementation of
provisions in this act pertaining to the fingerprinting of child care
personnel. (and renumber the subsequent section)
Rep. Bell moved the adoption of the amendment, which was adopted.
Representatives Mills, Bell, Gordon, R. C. Johnson, and Lippman
offered the following title amendment:
Amendment 9-On page 2, line 13, after the semicolon insert:
providing an appropriation;
Rep. Mills moved the adoption of the amendment, which was adopted
without objection.
Representative Upchurch offered the following amendment:
Amendment 10-On page 19, line 29, after the word "person"
insert: willfully, knowingly, or intentionally

Rep. Upchurch moved the adoption of the amendment, which was
adopted.
Representative Upchurch offered the following amendment:



December 7, 1984



JOURNAL OF THE HOUSE OF REPRESENTATIVES









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Amendment 11-On page 14, line 30, insert: In the event a licensed
facility refuses permission for entry or inspection to the department or
local licensing agency, a warrant shall be obtained from the circuit
court authorizing same prior to such entry or inspection. The depart-
ment or local licensing agency may institute disciplinary proceedings
pursuant to s. 402.310, for such refusal.
Rep. Upchurch moved the adoption of the amendment, which was
adopted.
Representative Upchurch offered the following amendment:
Amendment 12-On page 20, lines 12 through 14, strike all of said
lines and renumber remaining subsection accordingly.
Rep. Upchurch moved the adoption of the amendment, which was
adopted.
Representatives Bankhead, D.L. Thomas, Lombard, Gonzalaz-Que-
vedo, and Brantley offered the following amendment:
Amendment 13-On page 19, on line 27 strike the words "felony of
the third" and on line 28 strike the word "degree" and insert:
misdemeanor of the first degree
Rep. Bankhead moved the adoption of the amendment, which failed
of adoption. The vote was:
Yeas-52



Bankhead
Brantley
Bronson
Canady
Casas
Crady
Crotty
Dantzler
Drage
Dudley
Dunbar
Easley
Evans-Jones
Frishe
Nays-62
The Chair
Abrams
Armstrong
Arnold
Bass
Bell
Brown, C.
Brown, T. C.
Burke
Burnsed
Carlton
Carpenter
Clark
Clements
Combee
Davis



Gallagher
Garcia
Gonzalez-
Quevedo
Gutman
Hanson
Harris
Hill
Hodges
Hollingsworth
Irvine
Jennings
Jones, D. L.
Kelly


Deutsch
Figg
Friedman
Gardner
Gibbons
Gordon
Grindle
Gustafson
Hargrett
Hawkins, M. E.
Hazouri
Jamerson
Johnson, B. L.
Johnson, R. C.
Kutun
Lawson



Kimmel
Lewis
Lombard
Martinez
McEwan
Messersmith
Morse
Nergard
Patchett
Reaves
Renke
Ros
Sample
Sanderson


Liberti
Lippman
Locke
Logan
Mackenzie
Martin
Meffert
Metcalf
Mills
Mitchell
Morgan
Ogden
Pajcic
Peeples
Press
Reddick



Sansom
Selph
Shelley
Simone
Smith
Souto
Thomas, D. L.
Tobiassen
Upchurch
Watt
Webster





Robinson
Rochlin
Silver
Simon
Stewart
Thomas, J.
Titone
Tobin
Wallace
Ward
Weinstock
Wetherell
Woodruff
Young



Representatives Bankhead, Hill, Lombard, D. L. Thomas, Gonzalez-
Quevedo, and Brantley offered the following amendment:
Amendment 14-On page 5, line 13, after the word "arrangement"
insert: including any such arrangement operated by or located at a
public school,
Rep. Bankhead moved the adoption of the amendment, which failed
of adoption.
Representative Gallagher offered the following amendment:
Amendment 15-On page 4, lines 9 and 10, strike "and shall not
exercise any influence detrimental to the development of children in
care."
Rep. Gallagher moved the adoption of the amendment, which was
adopted.



On motion by Rep. Gordon, the rules were waived and HB 19-A, as
amended, was read the third time by title. On passage, the vote was:
Yeas-118



The Chair Evans-Jones
Abrams Figg
Allen Friedman
Armstrong Frishe
Arnold Gallagher
Bankhead Garcia
Bass Gardner
Bell Gibbons
Brantley Gonzalez-
Bronson Quevedo
Brown, C. Gordon
Brown, T. C. Grant
Burke Grindle
Burnsed Gustafson
Canady Gutman
Carlton Hanson
Carpenter Hargrett
Casas Harris
Clark Hawkins, L. R.
Clements Hawkins, M. E.
Combee Hazouri
Crady Hill
Crotty Hodges
Dantzler Hollingsworth
Davis Irvine
Deutsch Jamerson
Drage Jennings
Dudley Johnson, B. L.
Dunbar Johnson, R. C.
Easley Jones, D. L.
Nays-None
Votes after roll call:
Yeas-Shelley



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



Renke
Robinson
Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



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

Legislative Intent
Without objection, the following statement of legislative intent on
HB 19-A was read into the record by Rep. R. C. Johnson:
Section 14 of House Bill 19-A contains a prohibition against
advertising a child care facility without including the state or local
license number for the facility. The section also contains a penalty for
violating the prohibition.
The section is directed toward those who operate child care facilities
and want to advertise. The language in no way provides a penalty to
the media for the advertisements it publishes. The burden is on the
child care facility .. where it belongs. We checked the language with
staff of the Judiciary Committee to make certain that the burden was
placed on the person seeking to advertise and not on the printed media
or radio and television broadcasters.
By the Committee on Appropriations-
HB 24-A-A bill to be entitled An act making supplemental
appropriation; providing moneys, for the annual period beginning July
1, 1984 and ending June 30, 1985, to pay salaries, other expenses, and
for other specified purposes of the various agencies of state govern-
ment; supplementing specific appropriations appropriated by chapter
84-220, Laws of Florida; providing an effective date.
-was read the first time by title. On motions by Rep. Bell, the rules
were waived and-

The Honorable James Harold Thompson, Speaker
I am directed to inform the House of Representatives that the Senate
has passed, as amended, SB 3-A and requests the concurrence of the
House.
Joe Brown, Secretary



42



December 7, 1984









JOURNAL OF THE HOUSE OF REPRESENTATIVES



By the Committee on Appropriations-
SB 3-A-A bill to be entitled An act making supplemental
appropriation; providing moneys, for the annual period beginning July
1, 1984 and ending June 30, 1985, to pay salaries, other expenses, and
for other specified purposes of the various agencies of state govern-
ment; supplementing specific appropriations appropriated by chapter
84-220, Laws of Florida; providing an effective date.
-a similar or companion measure, was taken up, read the first time
by title and substituted for HB 24-A. Under the rule, HB 24-A was laid
on the table. On motions by Rep. Bell, the rules were further waived
and SB 3-A was read the second time by title and the third time by
title. On passage, the vote was:
Yeas-120



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Bell
Brantley
Bronson
Brown, C.
Brown, T. C.
Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Nays-None



Figg
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly



Kimmel
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden
Pajcic
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson



Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



So the bill passed and was immediately certified to the Senate.
By Representative Patchett-
HB 28-A-A bill to be entitled An act relating to the Legislature;
providing that any person duly elected to the Florida Legislature who
is employed by the state or any political subdivision of the state shall
be granted leave on all days during which he is engaged in the
performance of legislative duties and obligations; providing an effec-
tive date.
-was taken up. Rep. Patchett moved that HB 28-A be admitted for
introduction, the Speaker having ruled the measure was outside the
purview of the Call. The motion was agreed to by the required
Constitutional two-thirds vote and HB 28-A was read the first time by
title. On motion by Rep. Patchett, the rules were waived and the bill
was read the second time by title.
Representative Patchett offered the following amendment:
Amendment 1-On page 1, lines 17-24, strike all of said lines and
insert: as defined in s. 1.01(9), Florida Statutes, shall be granted a
legislative leave of absence from his employment with the state, or
political subdivision thereof, without loss of time, efficiency rating, or
any other benefits of employment for all days during organization
sessions, regular sessions, special sessions, committee meetings, and
joint committee meetings of the legislature in which he is engaged in
the performance of his legislative duties and obligations. Any salary or
wage which would have accrued pursuant to such persons employment



with the state, or political subdivision thereof, other than legislative
salary or wage, shall abate without prejudice during any legislative
leave of absence.
Rep. Patchett moved the adoption of the amendment, which was
adopted.
Representative Patchett offered the following title amendment:
Amendment 2-On page 1, lines 6-9, strike all of said lines and
insert: granted legislative leave for all days during legislative sessions
and committee meetings in which he is engaged in the performance of
legislative duties and obligations; providing for abatement without
prejudice of a state employee's salary or wage during any legislative
leave; providing an effective date.
Rep. Patchett moved the adoption of the amendment, which was
adopted without objection.
On motion by Rep. Patchett, the rules were waived and HB 28-A, as
amended, was read the third time by title. On passage, the vote was:
Yeas-98



The Chair
Abrams
Allen
Armstrong
Arnold
Bankhead
Bass
Brantley
Bronson
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Crady
Crotty
Dantzler
Davis
Drage
Dudley
Dunbar
Easley
Evans-Jones



Figg Kimmel
Frishe Kutun
Gallagher Lawson
Garcia Lewis
Gardner Liberti
Gibbons Lippman
Gordon Locke
Grant Lombard
Grindle Mackenzie
Gustafson Martin
Gutman Martinez
Hanson McEwan
Hargrett Meffert
Harris Messersmith
Hawkins, M. E. Metcalf
Hazouri Mitchell
Hill Morgan
Hodges Morse
Hollingsworth Nergard
Irvine Ogden
Jennings Patchett
Johnson, B. L. Peeples
Johnson, R. C. Press
Jones, D. L. Renke
Kelly Robinson



Rochlin
Ros
Sample
Sansom
Selph
Silver
Simon
Simone
Smith
Souto
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Woodruff
Young



Nays-None
Representatives Logan and Shelley abstained from voting.
Abstain from Voting
Concerning HB 28-A, because of conflict of interest, I will not take a
posture on the bill.
Representative Jefferson Reaves, Sr.
Votes after roll call:
Yeas-Pajcic, Deutsch
So the bill passed, as amended, and was immediately certified to the
Senate after engrossment.
The Speaker called on Rep. Ogden to give a report on the progress of
the unitary tax bill, SB 1-A.

REP. HODGES IN THE CHAIR

THE SPEAKER IN THE CHAIR
On motion by Rep. Bell, the rules were waived and the House took
up the following Senate Message:

The Honorable James Harold Thompson, Speaker
I am directed to inform the House of Representatives that the Senate
has passed, with amendments, HB 16-A and requests the concurrence
of the House.
Joe Brown, Secretary



December 7, 1984



43









44 JOURNAL OF THE HOUSE

By Representative Mitchell and others-
HB 16-A-A bill to be entitled An act relating to citrus canker;
appropriating moneys for the annual period beginning July 1, 1984,
and ending June 30, 1985, for purposes of matching federal expendi-
tures for the purpose of citrus canker eradication and indemnification;
supplementing appropriations made by chapter 84-220, Laws of
Florida; specifying the calculations for indemnifications; restricting
appropriations made by Chapter 84-220, Laws of Florida; providing an
effective date.
Senate Amendment 1-On page 1, lines 14-30, and on page 2, lines
1-2, strike all of said lines and insert: WHEREAS, citrus production in
Florida is threatened by the bacterial disease citrus canker, and
WHEREAS, although there is no legal obligation on the part of the
State of Florida to do so, it is recognized as being in the best interests
of the state that state funds be provided both for financial assistance to
the citrus industry and for eradication of citrus canker by destruction
of infected and exposed plants to prevent the spread of the bacterium,
and
WHEREAS, although authority exists under s. 601.15(7)(c), Florida
Statutes, for moneys in the Florida Citrus Advertising Trust Fund to
be used to alleviate the citrus canker crisis without the necessity of
any legislative action, the Legislature has determined that appropria-
tion of general state revenues is an acceptable alternative, and
WHEREAS, because of the statewide economic impact of the citrus
industry on the general economy of the State of Florida, funds should
be provided from the general revenues of the State of Florida to
accomplish this purpose, NOW, THEREFORE,
Senate Amendment 2-On pages 2-3, strike everything after the
enacting clause and insert: Section 1. The moneys in the following
specific appropriations are appropriated from the named fund for the
fiscal year 1984-1985 to the state agency indicated, to be used to
supplement the appropriations made in section 1 of chapter 84-220,
Laws of Florida, as supplemental amounts to be used to pay costs
related to citrus canker eradication and financial assistance.

AGRICULTURE AND CONSUMER SERVICES, DEPARTMENT OF
Division of Plant Industry
Special Categories
Citrus Canker Eradication
General Revenue Fund $2,100,000
The Department of Agriculture and Consumer Services shall develop
an expenditure plan which shall be reviewed and approved by the
Administration Commission prior to the release of these funds.
Special Categories
Citrus Canker Financial Assistance
General Revenue Fund $4,798,000
It is the intent of the Legislature that the Department of Agriculture
and Consumer Services engage in a financial assistance program
through June 30, 1985. These funds shall be used to financially assist
parties whose citrus trees were lawfully destroyed in compliance with
the state-federal eradication program. The expenditure of funds
authorized by this act shall immediately cease in the event that federal
matching funds are not forthcoming. The department shall coordinate
its activities under this section with the United States Department of
Agriculture to assure that no person twice receives assistance for the
same loss. No person may receive financial assistance under this
section unless he, in writing submitted to the department, releases the
state from liability for any losses arising out of inspection, control, or
eradication of citrus canker. This section does not constitute a
recognition of state liability for losses arising out of citrus canker or
out of activities to control citrus canker or a commitment on the part of
the state to provide financial assistance for any future losses arising
out of citrus canker or out of activities to control citrus canker.



IE



Section 2. The Florida Citrus Commission shall submit to the
President of the Senate and the Speaker of the House of Representa-
tives by April 1, 1985, a plan to create a $10 million revolving
emergency fund from sources other than general revenue for control,



OF REPRESENTATIVES December 7, 1984

inspection, and eradication of hazards to the production of citrus and
for financial assistance to persons suffering losses because of emer-
gencies in the citrus industry and related industries. The plan shall
provide for such activity and assistance only with respect to events
occurring after June 30, 1985. The commission may propose the use of
funds under its discretionary control to finance the plan. The plan
shall identify the fund level at which moneys are to be replaced in the
revolving fund. The plan shall specifically provide that the state shall
not be liable for any future losses or be committed to any future
assistance. The plan shall provide that if the commission fails to seek
to alleviate emergencies by expenditure of moneys in the fund
pursuant to administrative remedies provided under chapter 216,
Florida Statutes, the Legislature shall appropriate moneys from the
fund for such purposes prior to appropriating moneys from any other
source for such purposes.
Section 3. This act shall take effect upon becoming a law.
Senate Amendment 3-In title, on page 1, lines 2-12, strike all of
said lines and insert: An act relating to citrus; providing appropria-
tions for inspection, control, and eradication of citrus canker and for
financial assistance to persons suffering losses because of citrus
canker; requiring the Department of Citrus to submit to the Legisla-
ture a plan for creation of a fund to provide for future emergencies in
the citrus industry and related industries; providing an effective date.
Representative Gardner offered the following amendment to the
Senate amendment:
House Amendment 1 to Senate Amendment 1-On page 1, strike
the WHEREAS clauses and insert: WHEREAS, citrus production in
Florida is threatened by the bacterial disease citrus canker, and
WHEREAS, although there is no legal obligation on the part of the
State of Florida to do so, it is recognized as being in the best interests
of the state that state funds be provided both for financial assistance to
the citrus industry and for eradication of citrus canker by destruction
of infected and exposed plants to prevent the spread of the bacterium,
and
WHEREAS, although authority exists under s. 601.15(7)(c), Florida
Statutes, for moneys in the Florida Citrus Advertising Trust Fund to
be used to alleviate the citrus canker crisis without the necessity of
any legislative action, the Legislature has determined that appropria-
tion of general state revenues is an acceptable alternative, and



WHEREAS, the Legislature will consider creating a funding source
to alleviate agricultural emergencies in the 1985 Regular Session, and
WHEREAS, because of the statewide economic impact of the citrus
industry on the general economy of the State of Florida, funds should
be provided from the general revenues of the State of Florida to
accomplish this purpose, NOW, THEREFORE,
Rep. Gardner moved the adoption of the amendment to the Senate
amendment, which was adopted. On motion by Rep. Bell, the House
concurred in Senate Amendment 1, as amended.
Representative Gardner offered the following amendment to the
Senate amendment:
House Amendment 1 to Senate Amendment 2-On pages 1-3,
strike everything after the enacting clause, and insert: Section 1. The
moneys in the following specific appropriations are appropriated from
the named fund for the fiscal year 1984-1985 to the state agency
indicated, to be used to supplement the appropriations made in section
1 of chapter 84-220, Laws of Florida, as supplemental amounts to be
used to pay costs related to citrus canker eradication and financial
assistance.

AGRICULTURE AND CONSUMER SERVICES, DEPARTMENT OF
Division of Plant Industry
1 Special Categories
Citrus Canker Eradication
General Revenue Fund $3,000,000
The Department of Agriculture and Consumer Services shall develop
an expenditure plan which shall be reviewed and approved by the












Administration Commission prior to the release of thes
specific appropriation 1.



e funds in



2 Special Categories
Citrus Canker Financial Assistance
General Revenue Fund $3,400,000
It is the intent of the Legislature that the Department of Agriculture
and Consumer Services engage in a financial assistance program
through June 30, 1985. Funds in specific appropriation 2 shall be used
to cover the total existing need established as of November 16, 1984,
for financial assistance and shall be used to financially assist parties
whose citrus trees were lawfully destroyed or identified to be destroyed
as of that date in compliance with the state-federal eradication
program. The expenditure of such funds shall immediately cease in the
event that federal matching funds are not forthcoming. The depart-
ment shall coordinate its activities relating to specific appropriation 2
with the United States Department of Agriculture to assure that no
person twice receives assistance for the same loss. No person may
receive financial assistance from such funds unless he, in writing
submitted to the department, releases the state from liability for any
losses arising out of inspection, control, or eradication of citrus canker.
The appropriation of funds in specific appropriation 2 does not constitute
a recognition of state liability for losses arising out of citrus canker or out
of activities to control citrus canker or a commitment on the part of the
state to provide financial assistance for any future losses arising out of
citrus canker or out of activities to control citrus canker.
In developing the plan for expending the funds in specific appro-
priations 1 and 2, the Department of Agriculture and Consumer
Services shall consult with the legislative work papers pursuant to
chapter 216, Florida Statutes. With respect to the activities funded in
specific appropriations 1 and 2, the Florida Department of Citrus in
cooperation with all of the citrus industry, including, but not limited
to, the citrus nursery industry, the lime and lemon growers, and other
citrus growers, shall submit to the President of the Senate and the
Speaker of the House of Representatives by April 1, 1985, a proposal to
create a sufficient revolving emergency fund from sources other than
general revenue for control, inspection, and eradication of hazards to
the production of citrus and for financial assistance to persons
suffering losses because of emergencies in the citrus industry and
related industries. The proposal shall provide for such activity and
assistance only with respect to events occurring after June 30, 1985.
The commission may propose the use of funds under its discretionary
control to finance the proposal. The proposal shall identify the fund
level at which moneys are to be replaced in the revolving fund. The
proposal shall specifically provide that the state shall not be liable for
any future losses or be committed to any future assistance.
Section 2. This act shall take effect upon becoming a law.
Rep. Gardner moved the adoption of the amendment to the Senate
amendment, which was adopted. On motion by Rep. Bell, the House
concurred in Senate Amendment 2, as amended.
Representative Gardner offered the following title amendment to the
Senate amendment:
House Amendment 1 to Senate Amendment 3-On page 1, lines
12 through 20, strike all of said lines and insert: An act relating to
citrus; providing appropriations for inspection, control, and eradication
of citrus canker and for financial assistance to persons suffering losses
because of citrus canker; requiring the Department of Citrus to submit
to the Legislature a proposal for creation of a fund to provide for future
emergencies in the citrus industry and related industries; providing an
effective date.
Rep. Gardner moved the adoption of the amendment to the Senate
amendment, which was adopted. On motion by Rep. Bell, the House
concurred in Senate Amendment 3, as amended.
The question recurred on the passage of HB 16-A, as further
amended. The vote was:
Yeas-117



The Chair
Abrams
Allen
Armstrong



Arnold
Bankhead
Bass
Bell



Brantley
Bronson
Brown, C.
Brown, T. C.



Burke
Burnsed
Canady
Carlton



Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty
Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Friedman
Frishe
Gallagher
Garcia
Gardner
Gibbons
Gonzalez-
Quevedo
Gordon
Grant



Grindle
Gustafson
Gutman
Hanson
Hargrett
Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen
Lewis
Liberti
Lippman



Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mitchell
Morgan
Morse
Nergard
Pajcic
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson
Rochlin
Ros
Sample
Sanderson



45



Sansom
Selph
Shackelford
Shelley
Silver
Simon
Simone
Smith
Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Jamerson
So the bill passed as further amended. The action, together with the
bill and amendments thereto, was immediately certified to the Senate.

Recessed
On motion by Rep. Morgan, the House stood in informal recess at
5:11 p.m. to reconvene at 6:00 p.m.

Reconvened
The House was called to order by the Speaker at 6:00 p.m. A quorum
was present.
On motion by Rep. Ogden, the rules were waived and the House took
up the following Senate Messages:

The Honorable James Harold Thompson
I am directed to inform the House of Representatives that the Senate
has amended House Amendments 1 and 2, concurred in same as
amended and passed, as amended, SB 1-A by the required Constitu-
tional three-fifths vote of all members and requests the concurrence of
the House.
Joe Brown, Secretary
By Senator Crawford-
SB 1-A-A bill to be entitled An act relating to taxation; repealing
s 220.14, F.S., which provides special reporting requirements for unitary
business groups with respect to the corporate income tax; amending s.
220.64, F.S.; correcting a reference; amending s. 220.14, F.S., relating to
exemptions, to delete reference to unitary business groups; amending s.
220.03, F.S.; revising the definition of "unitary business group"; revising
provisions relating to certain elections taxpayers may make; amending s.
220.131, F.S.; revising provisions relating to filing of consolidated returns
by members of affiliated groups; amending s. 220.13, F.S.; revising
additions and subtractions applicable in computing adjusted federal
income; amending s. 220.63, F.S., relating to the franchise tax on banks
and savings associations; including reference to certain subtractions;
amending s. 214.71, F.S., relating to administrative provisions for
designated nonproperty taxes; revising provisions for determining when
sales of tangible personal property are in this state; amending s. 220.03,
F.S.; revising the definition of "nonbusiness income" and defining
"functionally related dividends"; amending s. 220.63, F.S., relating to the
franchise tax on banks and savings associations; revising calculation of



December 7, 1984



JOURNAL OF THE HOUSE OF REPRESENTATIVES









JOURNAL OF THE HOUSE OF REPRESENTATIVES



the tax base; amending s. 220.03, F.S.; revising the definition of
"Internal Revenue Code"; amending ss. 221.01, 221.02, 221.04, and
220.03, F.S.; revising the expiration date of the emergency excise tax;
deleting provisions which authorize taxpayers to make certain subse-
quent election with respect to applicability of the Internal Revenue
Code; amending s. 212.11, F.S.; providing an additional method for
calculating estimated tax liability; providing for phased reduction and
repeal of the estimated tax liability percentage with respect to tax on
sales, use, and other transactions; amending s. 212.12, F.S.; authoriz-
ing the Department of Revenue to waive or compromise certain
penalties with respect to estimated tax payments; providing for
applying specified penalties to consolidated returns under certain
circumstances; amending ss. 220.11 and 220.63, F.S.; increasing the
corporate income tax and franchise tax on banks and savings
associations; providing for review; amending s. 221.01, F.S.; increasing
the emergency excise tax rate; providing for recomputation of esti-
mated corporate tax due; creating s. 220.211, F.S.; providing penalties
for incomplete returns; providing specific, contingent, and retroactive
effective dates.
House Amendments attached to original bill.
Senate Amendment 1 to House Amendment 1-On page 1, line
"a", strike everything after the colon and strike the rest of the
amendment (pages 1-25) and insert: Section 1. Effective upon this act
becoming a law, and applicable to tax years beginning on or after
September 1, 1984, section 220.135, Florida Statutes, as created by
chapter 83-349, Laws of Florida, is hereby repealed.
Section 2. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, section 220.64,
Florida Statutes, is amended to read:
220.64 Other provisions applicable to franchise tax.-To the extent
that they are not manifestly incompatible with the provisions of this
part, parts I, III, IV, V, and VI of this code and ss. 220.12, 220.13,
220.135, and 220.16 apply to the franchise tax imposed by this part.
Under rules prescribed in s. 220.131, a consolidated return may be
filed by any affiliated group of corporations composed of one or more
banks or savings associations, its or their Florida parent corporation,
and any nonbank or nonsavings subsidiaries of such parent corpora-
tion.
Section 3. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, subsection (3) of
section 220.14, Florida Statutes, is amended to read:
220.14 Exemption.-
(3) Only one exemption shall be allowed to a unitary business group
or to taxpayers filing a consolidated return under this code.
Section 4. Effective upon this act becoming a law, and applicable
retroactively to September 1, 1982 (as the amendments provided by
this section are expressly intended to clarify any prior ambiguity
which may have existed as to the intent of the Legislature), paragraph
(bb) of subsection (1) and paragraph (c) of subsection (5) of section
220.03, Florida Statutes, 1984 Supplement, are amended to read:
220.03 Definitions.
(1) SPECIFIC TERMS.-When used in this code, and when not
otherwise distinctly expressed or manifestly incompatible with the
intent thereof, the following terms shall have the following meanings:
(bb) For purposes only of the administration of the tax law as in effect
for the period September 1, 1982, through August 31, 1984, "unitary
business group" means a group of two or more corporations, at least one
of which is a Florida taxpayer, taxpayers related through common
ownership whose business activities are integrated with, are depen-
dent upon, or contribute to a flow of value among members of the
group. When direct or indirect ownership or control is 50 percent or
more of the outstanding voting stock, the group shall be considered to
be a unitary business group unless clearly shown by the facts and
circumstances of the individual case to be a nonunitary business group.
When direct or indirect ownership or control is less than 50 percent of
the outstanding voting stock, all elements of the business activities



shall be considered in determining whether the group qualifies as a
unitary business group.



(5)
(c) A taxpayer may make an election, in the manner prescribed by
the department, by August 26, 1982, or a taxpayer filing an initial
return may make an election upon filing the first return for the tax
due under this chapter, whichever is later, to report and pay the tax
levied by this chapter as if:
1. The Internal Revenue Code of 1954, as amended and in effect on
January 1, 1980, is in effect indefinitely thereafter; and
2. Solely for the purpose of computing depreciation deductions, the
provisions of chapter 220, Florida Statutes, 1980 Supplement, are in
effect indefinitely thereafter.
For the purposes of taxation of taxpayers who make the election
provided for in this paragraph, the Internal Revenue Code of 1954, as
amended and in effect on January 1, 1980, shall include, for tax years
beginning on or after January 1, 1982, the provisions of the Foreign
Investment in Real Property Tax Act of 1980, Subtitle C of Title XI of
Pub. L. No. 96-499 and the amendments to those provisions codified in
the Internal Revenue Code, as defined in paragraph (1)(n). Taxpayers
may one time only revoke an election made pursuant to this
paragraph, in accordance with rules formulated by the department.
Such revocation shall be prospective in nature, and all transactions
and events occurring during the period during which the election
provided for in this paragraph is in effect and the continuing tax
ramifications of such events and transactions shall be governed by the
provisions of this paragraph.
Section 5. Paragraph (e) is added to subsection (1) of section 220.13,
Florida Statutes, 1984 Supplement, to read:
220.13 "Adjusted federal income" defined.-
(1) The term "adjusted federal income" means an amount equal to
the taxpayer's taxable income as defined in subsection (2), or such
taxable income of more than one taxpayer as provided in s. 220.131, for
the taxable year, adjusted as follows:
(e) A deduction for net operating losses, net capital losses, or excess
contributions deductions under ss. 170(d)(2), 172, 1212, and 404 of the
Internal Revenue Code which has been allowed in a prior taxable year
for Florida tax purposes shall not be allowed for Florida tax purposes,
notwithstanding the fact that such deduction has not been fully utilized
for federal tax purposes.
Section 6. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, subsection (1) of
section 220.131, Florida Statutes, is amended to read:
220.131 Adjusted federal income; affiliated groups.-
(1) Notwithstanding any prior election made with respect to consoli-
dated returns, and subject to subsection (5), for taxable years beginning
on or after September 1, 1984, any corporation subject to tax under this
code- except members of a unitary business group, which corporation is
the parent company of an affiliated group of corporations may elect,
not later than the due date for filing its return for the taxable year,
including any extensions thereof, to consolidate its taxable income
with that of all other members of the group, regardless of whether such
member is subject to tax under this code, and to return such
consolidated taxable income hereunder, in which case all such other
members must consent thereto in such manner as the department may
by rule regulation prescribe; Any Florida parent eompany of an
affiliated group of corporations whieh is net a member of a unitary
business group may elee to consolidate its taxable ineomne with all
other members of the affiliated group, even though some of its
members are not subject to tax under this eode, provided:
(a) Each member of the group consents to such filing by specific
written authorization at the time the consolidated return is filed;
(b) The affiliated group so filing under this code has filed a
consolidated return for federal income tax purposes for the same
taxable year; and
(c) The affiliated group so filing under this code is composed of the



identical component members as those which have consolidated their
taxable incomes in such federal return.



46



December 7, 1984








JOURNAL OF THE HOUSE OF REPRESENTATIVES



However, the parent corporation of an affiliated group which filed a
consolidated return under this code for the taxable year immediately
preceding the taxable year of such group beginning on or after
September 1, 1982, may, subject to these provisions, elect to consolidate
its income with that of all other members of the group which would have
been included as members under this section as amended and in effect
prior to chapter 83-349, Laws of Florida, becoming a law, and to return
such consolidated taxable income hereunder. Such election shall be
made within 90 days of the date this act becomes a law or upon filing
the taxpayer's first return after the date this act becomes a law,
whichever is later.
Section 7. Effective upon this act becoming a law, and, except where
expressly otherwise provided in this section, applicable to tax years
beginning on or after September 1, 1984, paragraph (b) of subsection
(1) of section 220.13, Florida Statutes, 1984 Supplement, is amended to
read:
220.13 "Adjusted federal income" defined.-
(1) The term "adjusted federal income" means an amount equal to
the taxpayer's taxable income as defined in subsection (2), or such
taxable income of more than one taxpayer as provided in s. 220.131, for
the taxable year, adjusted as follows:
(b) Subtractions.-
1. In computing the net operating loss deduction allowable for
federal income tax purposes under s. 172 of the Internal Revenue Code
for the taxable year, the net capital loss allowable for federal income
tax purposes under s. 1212 of the Internal Revenue Code for the
taxable year, the excess charitable contribution deduction allowable
for federal income tax purposes under s. 170(d)(2) of the Internal
Revenue Code for the taxable year, and the excess contributions
deductions allowable for federal income tax purposes under s. 404 of
the Internal Revenue Code for the taxable year, there shall be
subtracted from taxable income, in order to arrive at adjusted federal
income, such amounts as reflect the following limitations:
a. No deduction may be allowed for net operating losses, net capital
losses, and excess contributions deductions under ss.170(d)(2) and 404
of the Internal Revenue Code which are carried forward from taxable
years ending prior to January 1, 1972;
b. The net operating loss, net capital loss, and excess contributions
deductions under ss. 170(d)(2) and 404 of the Internal Revenue Code,
respectively, allowable for any taxable year beginning before and
ending after Janary 1, 1972, shall be limited to an amount which bears
the same ratio to the taxpayer's net operating loss, net capital loss, and
excess contributions deductions under ss. 170(d)(2) and 404 of the
Internal Revenue Code, respectively, for the entire taxable year as the
number of days in such year after December 31, 1971, bears to the
total number of days in such year, unless the taxpayer elects to
account separately for income under s. 220.12(3) of this code, in which
case the net operating loss, net capital loss, and excess contributions
deductions under ss. 170(d)(2) and 404 of the Internal Revenue Code,
respectively, allowable for such year shall be determined on the basis
of the items actually earned, received, paid, incurred, or accrued after
December 31, 1971; and
c. A net operating loss and a capital loss shall never be carried back
as a deduction to a prior taxable year, but all deductions attributable
to such losses shall be deemed net operating loss carryovers and capital
loss carryovers, respectively, and treated in the same manner, to the
same extent, and for the same time periods as are prescribed for such
carryovers in ss. 172 and 1212, respectively, of the Internal Revenue
Code. avnd
4. No deduction may be allowed for net operating lose net capital
Iosses Or eneess eontributiens deductions under es& 170(d)(3) 1472
1212, aend 404 of the Inte'rnal Revenue oede fe a non United States
"member of a unitary business group.
2. There shall be subtracted from such taxable income any amount to



the extent included therein the following: by a member of a unitary
beuiness group, which amount was received as a dividend paid by
anetheir member of the same unitary business group.



a. Dividends treated as received from sources without the United
States, as determined under s. 862 of the Internal Revenue Code.
b. All amounts included in taxable income under s. 78 of the Internal
Revenue Code.
However, as to any amount subtracted under this subparagraph, there
shall be added to such taxable income all expenses deducted on the
taxpayer's return for the taxable year which are attributable, directly or
indirectly, to such subtracted amount. Further, no amount shall be
subtracted with respect to dividends paid or deemed paid by a Domestic
International Sales Corporation.
3. In computing "adjusted federal income" for taxable years begin-
ning after December 31, 1976, there shall be allowed as a deduction
the amount of wages and salaries paid or incurred within this state for
the taxable year for which no deduction is allowed pursuant to s. 280C
of the Internal Revenue Code (relating to credit for employment of
certain new employees).
4. There shall be subtracted from such taxable income any amount of
nonbusiness income included therein.
5. There shall be subtracted any amount of taxes of foreign countries
allowable as credits for taxable years beginning on or after September 1,
1985 under s. 901 of the Internal Revenue Code to any corporation
which derived less than 20 percent of its gross income or loss for its
taxable year ended in 1984 from sources within the United States, as
described in s. 861(a)(2)(A) of the Internal Revenue Code, not including
credits allowed under s. 902 and s. 960 of the Internal Revenue Code,
withholding taxes on dividends within the meaning of subparagraph
2.a., and withholding taxes on royalties, interest, technical service fees,
and capital gains.
6. Notwithstanding any other provision of this code, except with
respect to amounts subtracted pursuant to subparagraphs 1. and 3., any
increment of any apportionment factor which is directly related to an
increment of gross receipts or income which is deducted, subtracted, or
otherwise excluded in determining adjusted federal income shall be
excluded from both the numerator and denominator of such apportion-
ment factor. Further, all valuations made for apportionment factor
purposes shall be made on a basis consistent with the taxpayer's method
of accounting for federal income tax purposes.
Section 8. Effective upon this act becoming a law, and applicable to
tax years beginning or on after September 1, 1984, subsection (5) of
section 220.63, Florida Statutes, is amended to read:
220.63 Franchise tax imposed on banks and savings associations.-
(5) There shall be allowed as a deduction from adjusted federal
income, to the extent not deductible in determining federal taxable
income or subtracted pursuant to s. 220.13(1)(b)2., the eligible net
income of an international banking facility determined as follows:
(a) The "eligible net income of an international banking facility" is
the amount remaining after subtracting from the eligible gross income
the applicable expenses.
(b) The "eligible gross income" is the gross income derived by an
international banking facility from:
1. Making, arranging for, placing, or servicing loans to foreign
persons, provided, however, that in the case of a foreign person which
is an individual, a foreign branch of a domestic corporation (other than
a bank or savings association), or a foreign corporation or a foreign
partnership which is 80 percent or more owned or controlled, either
directly or indirectly, by one or more domestic corporations (other than
banks or savings associations), domestic partnerships, or resident
individuals, substantially all the proceeds of the loan are for use
outside the United States;
2. Making or placing deposits with foreign persons which are banks
or savings associations or foreign branches of banks or savings
associations, including foreign subsidiaries or foreign branches of the
taxpayer, or with other international banking facilities; or



3. Entering into foreign exchange trading or hedging transactions in
connection with the activities described in this paragraph.



December 7, 1984



47








48 JOURNAL OF THE HOUSE

However, the term "eligible gross income" does not include any
amount derived by an international banking facility from making,
arranging for, placing, or servicing loans or making or placing deposits
if the loans or deposits of funds are secured by mortgages, deeds of
trust, or other liens upon real property located in this state.
(c) The "applicable expenses" are any expenses or other deductions
attributable, directly or indirectly, to the eligible gross income
described in paragraph (b).
Section 9. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, but before
September 1, 1985, paragraph (a) of subsection (3) of section 214.71,
Florida Statutes, is amended to read:
214.71 Apportionment; general method.-Except as otherwise pro-
vided in ss. 214.72 and 214.73, the base upon which any tax made
applicable to this chapter shall be apportioned shall be determined by
multiplying same by a fraction the numerator of which is the sum of
the property factor, the payroll factor, and the sales factor and the
denominator of which is 3. In the event any of the factors described in
subsection (1), subsection (2), or subsection (3) has a denominator
which is zero or is determined by the department to be insignificant,
the denominator of the apportionment fraction shall be reduced by the
number of such factors.
(3) The sales factor is a fraction the numerator of which is the total
sales of the taxpayer in this state during the taxable year or period and
the denominator of which is the total sales of the taxpayer everywhere
during the taxable year or period.
(a)l. Sales of tangible personal property are in this state if the
property is delivered or shipped to a purchaser within this state,
regardless of the f.o.b. point, other conditions of the sale, or ultimate
destination of the property; eo if the property is shipped from an effiee,
store warehouse- faeteSry e other place of storage in this state and
either the purchaser is the United States Government or the taxpayer
is net subject to a tax upon or measured by ineeme in the state to
whieh the sa assigned absent this paragraph.
2. When citrus fruit is delivered by a cooperative for a grower-mem-
ber, by a grower-member to a cooperative, or by a grower-participant
to a Florida processor, the sales factor for such growers for such citrus
fruit delivered to such processor shall be the same as the sales factor
for the most recent taxable year of that processor. That sales factor,
expressed only as a percentage and not in terms of the dollar volume of
sales, so as to protect the confidentiality of the sales of the processor,
shall be furnished on the request of such a grower promptly after it has
been determined for that taxable year.
3. Reimbursement of expenses under an agency contract between a
cooperative, a grower-member of a cooperative, or a grower and a
processor will not be deemed a sale within this state.
Section 10. Effective September 1, 1985, and applicable to tax years
beginning on and after said date, paragraph (a) of subsection (3) of
section 214.71, Florida Statutes, is amended to read:
214.71 Apportionment; general method.-Except as otherwise pro-
vided in ss. 214.72 and 214.73, the base upon which any tax made
applicable to this chapter shall be apportioned shall be determined by
multiplying same by a fraction the numerator of which is the sum of
the property factor, the payroll factor, and the sales factor and the
denominator of which is 3. In the event any of the factors described in
subsection (1), subsection (2), or subsection (3) has a denominator
which is zero or is determined by the department to be insignificant,
the denominator of the apportionment fraction shall be reduced by the
number of such factors.
(3) The sales factor is a fraction the numerator of which is the total
sales of the taxpayer in this state during the taxable year or period and
the denominator of which is the total sales of the taxpayer everywhere
during the taxable year or period.



1



(a)l. Sales of tangible personal property are in this state if the
property is delivered or shipped to a purchaser within this state,
regardless of the f.o.b. point, other conditions of the sale, or ultimate
destination of the property except where shipment is made via a
common or contract carrier5 or if the property ise whipped from an office,



E OF REPRESENTATIVES December 7, 1984

stee wareheutse-. faetory, or other plaee of storage in this state and
either the purehaser is the United States Government oe the taxpayer
is net subject te a tax upon er measured by ineeme in the state to
which the sale would be assigned absent this paragraph.
2. When citrus fruit is delivered by a cooperative for a grower-mem-
ber, by a grower-member to a cooperative, or by a grower-participant
to a Florida processor, the sales factor for such growers for such citrus
fruit delivered to such processor shall be the same as the sales factor
for the most recent taxable year of that processor. That sales factor,
expressed only as a percentage and not in terms of the dollar volume of
sales, so as to protect the confidentiality of the sales of the processor,
shall be furnished on the request of such a grower promptly after it has
been determined for that taxable year.
3. Reimbursement of expenses under an agency contract between a
cooperative, a grower-member of a cooperative, or a grower and a
processor will not be deemed a sale within this state.
Section 11. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, paragraph (r) of
subsection (1) of section 220.03, Florida Statutes, 1984 Supplement, is
amended, and paragraph (dd) is added to said subsection to read:
220.03 Definitions.-
(1) SPECIFIC TERMS.-When used in this code, and when not
otherwise distinctly expressed or manifestly incompatible with the
intent thereof, the following terms shall have the following meanings:
(r) "Nonbusiness income" means rents and royalties from real or
tangible personal property, capital gains, interest, dividends, and
patent and copyright royalties, to the extent that they do not arise
from transactions and activities in the regular course of the taxpayer's
trade or business. The term "nonbusiness income" does not include
income from tangible and intangible property if the acquisition,
management, and disposition of the property constitute integral parts
of the taxpayer's regular trade or business operations, or any amounts
which could be included in apportionable income without violating the
due process clause of the United States Constitution. For purposes of
this definition, "income" means gross receipts less all expenses directly
or indirectly attributable thereto. Functionally related dividends are
presumed to be business income.
(dd) "Functionally related dividends" include the following types of
dividends:
1. Those received from a subsidiary of which the voting stock is more
than 50 percent owned or controlled by the taxpayer or members of its
affiliated group and which is engaged in the same general line of
business.
2. Those received from any corporation which is either a significant
source of supply for the taxpayer or its affiliated group or a significant
purchaser of the output of the taxpayer or its affiliated group, or which
sells a significant part of its output or obtains a significant part of its
raw materials or input from the taxpayer or its affiliated group.
"Significant" means an amount of 15 percent or more.
3. Those resulting from the investment of working capital or some
other purpose in furtherance of the taxpayer or its affiliated group.
However, dividends not otherwise subject to tax under this chapter are
excluded.
Section 12. Effective upon this act becoming a law, and applicable
retroactively to September 1, 1982 (as the amendments provided by
this section are expressly intended to clarify any prior ambiguity
which may have existed as to the intent of the Legislature), subsection
(3) of section 220.63, Florida Statutes, is amended to read:
220.63 Franchise tax imposed on banks and savings associations.-
(3) For purposes of this part, the franchise tax base shall be adjusted
federal income, as defined in s. 220.13, apportioned to this state, plus
nonbusiness income allocated to this state pursuant to s. 220.16, less the



deduction allowed in subsection (5) and less $5,000.
Section 13. Paragraph (n) of subsection (1) and paragraph (c) of
subsection (2) of section 220.03, Florida Statutes, 1984 Supplement,
are amended to read:











220.03 Definitions.-
(1) SPECIFIC TERMS.- When used in this code, and when not
otherwise distinctly expressed or manifestly incompatible with the
intent thereof, the following terms shall have the following meanings:
(n) "Internal Revenue Code" means the United States Internal
Revenue Code of 1954, as amended and in effect on December 7, 1984,
January 1-2. 1983, except as provided in subsection (3).
(2) DEFINITIONAL RULES.-When used in this code and neither
otherwise distinctly expressed nor manifestly incompatible with the
intent thereof:
(c) Any term used in this code shall have the same meaning as when
used in a comparable context in the Internal Revenue Code and other
statutes of the United States relating to federal income taxes, as such
code and statutes are in effect on December 7, 1984 January 1-2, 1983.
However, if subsection (3) is implemented, the meaning of any term
shall be taken at the time the term is applied under this code.
Section 14. Section 220.211, Florida Statutes, is created to read:
220.211 Penalties; incomplete return.-
(1) In the case where an incomplete return is made, notwithstanding
that no tax is finally determined to be due for the taxable year, there
shall be added to the amount of tax, penalty, and interest otherwise due
a penalty in the amount of $150 or 5 percent of the tax finally
determined to be due, whichever is greater; however, such penalty shall
not exceed $5,000. The department may settle or compromise such
penalties pursuant to s. 213.21.
(2) An "incomplete return" is, for the purposes of this code, a return
which is lacking such uniformity, completeness, and arrangement that
physical handling, verification, or review of the return may not be
readily accomplished.
Section 15. Subsection (2) of section 221.01, Florida Statutes, is
amended to read:
221.01 Emergency excise tax; generally.-
(2) Subsection (1) and any subsequent amendments to the provisions
contained in that subsection shall expire and be void for taxable years
beginning after June 30, 1985 Deeember 34- -1984.
Section 16. Subsection (2) of section 221.02, Florida Statutes, is
amended to read:
221.02 Credit for emergency excise tax paid.-
(2) Subsection (1) and any subsequent amendments to the provisions
contained in that subsection shall expire and be void for taxable years
beginning after June 30, 1985 Deeember 34 1984.
Section 17. Subsection (2) of section 221.04, Florida Statutes, is
amended to read:
221.04 Administration of tax.-
(2) Subsection (1) and any subsequent amendments to the provisions
contained in that subsection shall expire and be void for taxable years
beginning after June 30, 1985 Deeember 34 1984.
Section 18. Paragraph (e) of subsection (5) and subsection (6) of
section 220.03, Florida Statutes, 1984 Supplement, are amended to
read:
220.03 Definitions.-
(5)
(e) A taxpayer who does noet initially make the election provided for
in paragraph (e) within the time period spccified therein may
subsequently make an election, aeeerdanee with rules formulated by.
the department, to report and pay the tax as levied by this chapter as
prov4de4 in that paragraphs exeept that the power to revoke the
election provided in that paragraph shall not be available to sueh
StaI.payerje 8 .eh elee.in shall be prespeetise in nature, and all
transaetiens and events oeeurring during the period during which the
initial method of tax treatment is in effect and the continuing tax



ramifieation eof sueh events and transactions shall be governed by the
previeione applicable to sueh method.



49



(6) The amendments contained in s. 1 of chapter 82-232, Laws of
Florida, and any subsequent amendments to the provisions contained
in that section shall expire and be void for taxable years beginning
after June 30, 1985 Deeember 3T -1984. Unused credits for emergency
excise taxes paid pursuant to chapter 221 for taxable years beginning
before July January 1, 1985, shall continue to be available as provided
in s. 221.02.
Section 19. Paragraphs (a) and (d) of subsection (1) of section 212.11,
Florida Statutes, are amended, and subsection (4) is added to said
section to read:
212.11 Tax returns and regulations.-
(1)(a)l. Each dealer shall calculate his The estimated tax liability for
any month by one of the following methods equals:
a. Sixty-six either 66 percent of the current month's liability
pursuant to this part as shown on the tax return; or
b. Sixty-six 66 percent of the tax reported on the tax return pursuant
to this part by a dealer for the taxable transactions sales occurring
during the corresponding month of the preceding calendar year; or-
c. Sixty-six percent of the average tax liability pursuant to this part for
those months during the preceding calendar year in which the dealer
reported taxable transactions. The department is empowered to estab
Iish the estimated tax liability in eases in which a dealer was not
registered fo sales tax purposes during sueh month.
2. Any estimated tax liability of $1,650 or more shall be due,
payable, and remitted by the 20th day of the month for which the
liability applies. The difference between the estimated tax liability
paid and the actual amount and taxes due under this part for such
month shall become due and payable by the first day of the following
month and shall be remitted by the 20th day thereof.
3. For any dealer who has an estimated had a tax liability of less than
$1,650 or who was not registered for sales tax purposes $2,500 for the
corresponding month of the preceding year, the current taxes levied
pursuant to this part shall be due and payable monthly on the first day of
the following month and shall be remitted by the 20th day thereof.
(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 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 separate returns for each such place of business;
however, such consolidated returns must clearly indicate the amounts
collected within each county of the state. Any dealer who files a
consolidated return shall calculate his estimated tax liability for each
county by the same method he uses to calculate his estimated tax liability
on the consolidated return as a whole. Each dealer shall file a return for
each tax period even though no tax is due for such period.
(4) The 66 percent rate provided in subsection (1) shall be reduced over a
period of5 years beginning January 1,1986, and is repealed December 31,
1990. During such period the following rates shall be applicable:
(a) From January 1,1986, through December 31, 1986, the rate shall be
50 percent.
(b) From January 1,1987, through December 31, 1987, the rate shall be
40 percent.
(c) From January 1, 1988, through December 31, 1988, the rate shall be
30 percent.
(d) From January 1,1989, through December 31, 1989, the rate shall be
20 percent.
(e) From January 1,1990, through December 31, 1990, the rate shall be
10 percent.
Section 20. Paragraph (b) of subsection (2) of section 212.12, Florida



Statutes, 1984 Supplement, is amended, and paragraph (c) is added to
said subsection to read:



December 7, 1984



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



212.12 Dealer's credit for collecting tax; penalties for noncompliance;
powers of Department of Revenue in dealing with delinquents;
brackets applicable to taxable transactions; records required.-
(2)
(b) When any person, firm, or corporation fails to timely remit the
proper estimated payment required under s. 212.11, a specific penalty
shall be added in an amount equal to 5 percent of any unpaid
estimated tax. Through December 31, 1984, Under no circumstances
may this penalty shall be waived upon application by the dealer unless
the department has determined that there was willful intent by the
dealer to evade payment of the tax. Beginning with January 1, 1985
returns, the department, upon a showing of reasonable cause, is
authorized to waive or compromise penalties imposed by this paragraph
by the department. However, other penalties and interest shall be due
and payable if the return on which the estimated payment was due
was not timely or properly filed.
(c) Dealers filing a consolidated return pursuant to s. 212.11(1)(d)
shall be subject to the penalty established in paragraph (b) only on the
amount of unpaid estimated taxes calculated for their consolidated
return as a whole. Said penalty shall not apply to amounts indicated as
collected in each county.
Section 21. Effective upon this act becoming a law, if approved by a
three-fifths vote of the membership of each house of the Legislature,
and applicable to tax years beginning on or after September 1, 1984,
subsection (2) of section 220.11, Florida Statutes, is amended to read:
220.11 Tax imposed.-
(2) The tax imposed by this section shall be an amount equal to 51/2
percent of the taxpayer's net income for the taxable year. The increase
in the tax imposed by this section provided by this act shall be reviewed
by the Legislature at the regular session of 1989 and may be reduced by
a majority vote of the membership of each house of the Legislature.
Section 22. Effective upon this act becoming a law, if approved by a
three-fifths vote of the membership of each house of the Legislature,
and applicable to tax years beginning on or after September 1, 1984,
subsection (2) of section 220.63, Florida Statutes, is amended to read:
220.63 Franchise tax imposed on banks and savings associations.-
(2) The tax imposed by this section shall be an amount equal to 51/2
percent of the franchise tax base of the bank or savings association for
the taxable year. The increase in the tax imposed by this section
provided by this act shall be reviewed by the Legislature at the regular
session of 1989 and may be reduced by a majority vote of the
membership of each house of the Legislature.
Section 23. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1984, paragraphs (a) and
(b) of subsection (1) of section 221.01, Florida Statutes, are amended to
read:
221.01 Emergency excise tax; generally.-
(1) The department shall charge and collect an emergency excise tax
for each taxable year from every taxpayer liable for the tax imposed
by, and required to file a return under, chapter 220, except for those
taxpayers subject to s. 220.03(5)(c). The provisions of this chapter shall
apply retroactively to all such taxpayers, effective to the effective date
of s. 168 of the Internal Revenue Code of 1954, as amended.
(a) The amount of the tax shall be 2.2 2 percent of an amount equal
to 2.5 times the remainder of 40 percent of the deduction allowed, in
computing adjusted federal income as defined in s. 220.13, under s. 168
of the Internal Revenue Code of 1954, as amended, exclusive of any
deduction allowed under s. 168(b)(3) of the Internal Revenue Code of
1954, as amended, apportioned to this state under s. 220.15, minus any
unused portion of the exemption provided for in s. 220.14 for the
taxable year for which the return is required to be filed by chapter 220.
(b) If the taxpayer's net income, as defined in s. 220.12, for the
taxable year for which the return required by chapter 220 is filed is a
net operating loss under chapter 220, excluding any net operating loss



carryovers and carrybacks, the amount of the tax shall be 2.2 2 percent
of an amount equal to 2.5 times the remainder of:



1. Forty percent of the deduction allowed, in computing adjusted
federal income as defined in s. 220.13, under s. 168 of the Internal
Revenue Code of 1954, as amended, exclusive of any deduction allowed
under s. 168(b)(3) of the Internal Revenue Code of 1954, as amended,
apportioned to this state under s. 220.15, minus any unused portion of
the exemption provided for in s. 220.14 for the taxable year for which
the return is required to be filed by chapter 220; minus
2. The net operating loss, as apportioned to this state under s.
220.15, excluding any net operating loss carryovers and carrybacks.
Section 24. Effective upon this act becoming a law, and applicable to
tax years beginning on or after September 1, 1985, paragraph (a) of
subsection (1) of section 220.13, Florida Statutes, 1984 Supplement, is
amended to read:
220.13 "Adjusted federal income" defined.-
(1) The term "adjusted federal income" means an amount equal to
the taxpayer's taxable income as defined in subsection (2), or such
taxable income of more than one taxpayer as provided in s. 220.131, for
the taxable year, adjusted as follows:
(a) Additions.-There shall be added to such taxable income:
1. The amount of any ineeme tax upon or measured by income,
excluding taxes based on gross receipts or revenues, paid or accured as a
liability to the District of Columbia or any this state of the United
States under this eede which is deductible from gross income in the
computation of taxable income for the taxable year.
2. The amount of interest which is excluded from taxable income
under s. 103(a) of the Internal Revenue Code or any other federal law,
less the associated expenses disallowed in the computation of taxable
income under s. 265(2) of the Internal Revenue Code or any other law.
3. In the case of a regulated investment company or real estate
investment trust, an amount equal to the excess of the net long-term
capital gain for the taxable year over the amount of the capital gain
dividends attributable to the taxable year.
4. That portion of the wages or salaries paid or incurred for the
taxable year which is equal to the amount of the credit allowable for
the taxable year under s. 220.181. The provisions of this subparagraph
shall expire and be void on June 30, 1994.
5. That portion of the ad valorem school taxes paid or incurred for
the taxable year which is equal to the amount of the credit allowable
for the taxable year under s. 220.182. The provisions of this
subparagraph shall expire and be void on December 31, 1994.
6. The amount of emergency excise tax paid or accrued as a liability
to this state under chapter 221 which tax is deductible from gross
income in the computation of taxable income for the taxable year.
7. That portion of assessments to fund a guaranty association
incurred for the taxable year which is equal to the amount of the credit
allowable for the taxable year.
8. That portion of the taxes paid under part II of chapter 212 which
is equal to the amount of the credit allowable for the taxable year
under s. 220.189.
9. In the case of a nonprofit corporation which holds a pari-mutuel
permit and which is exempt from federal income tax as a farmers'
cooperative, an amount equal to the excess of the gross income
attributable to the pari-mutuel operations over the attributable
expenses for the taxable year.
Section 25. Each corporate taxpayer whose tax year begins on or after
January 1, 1984, shall be required to recompute the estimated tax due
for such taxable year and shall make the appropriate adjustments, if
any, to the remaining estimated payments to insure full compliance with
the applicable provisions of this act. Notwithstanding the provisions of
s. 220.34, Florida Statutes, estimated tax payments based upon the facts
shown on the return for, and the law applicable to, the preceding taxable
year shall be recomputed as though the provisions of this act were
applicable in said preceding taxable year. No penalty or interest shall be



applied to the next estimated tax payment due by January 1, 1985, for a
period of 30 days from the due date.



50



December 7, 1984








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Section 26. (1) Effective upon this act becoming a law, the Department
of Revenue is directed to conduct a survey of two randomly selected
samples of taxpayers from the set of those likely to be impacted as
determined to be appropriate samples by the department, based upon
taxable years ended in 1983, to estimate the revenue consequences of
sections 10 and 24 of this act and subparagraph 220.13(1)(b)5., Florida
Statutes, as created by this act.
(2) The first sample shall consist of not less than 200 taxpayers whose
tax payments for 1983 exceeded $100,000, and the second sample shall
consist of not less than 2000 taxpayers whose tax payments for 1983
were less than $100,000.
(3) Taxpayers shall furnish to the department in an expeditious
manner the information that the department deems reasonably required
and requests to conduct this survey.
(4) If the response rate of completed survey forms for each sample
group exceeds 40 percent by February 1, 1985, the department is
directed to verify, to the extent deemed necessary by the department, and
analyze all responses and furnish to the President of the Senate and the
Speaker of the House of Representatives the results of the survey not
later than May 1, 1985.
(5) There is hereby appropriated to the Department of Revenue the
sum of $50,000 for fiscal year 1984-85. The department is hereby
authorized to implement and conduct the survey as specified in this act
employing present personnel to conduct the necessary verification.
Section 27. Except as otherwise provided herein, this act shall take
effect upon becoming a law.
On motion by Rep. Ogden, the House concurred in the Senate
amendment to House Amendment 1.
Senate Amendment 1 to House Amendment 2-In title amend-
ment, on page 1, strike everything after the words "A bill to be
entitled" and insert: An act relating to taxation; repealing s. 220.135,
F.S., which provides special reporting requirements for unitary
business groups with respect to the corporate income tax; amending s.
220.64, F.S.; correcting a reference; amending s. 220.14, F.S., relating
to exemptions, to delete reference to unitary business groups; amend-
ing s. 220.03, F.S.; revising the definition of "unitary business group";
revising provisions relating to certain elections taxpayers may make;
amending s. 220.13, F.S.; revising adjustments applicable in computing
adjusted federal income; amending s. 220.131, F.S.; revising provisions
relating to filing of consolidated returns by members of affiliated
groups; amending s. 220.13, F.S.; revising subtractions applicable in
computing adjusted federal income; amending s. 220.63, F.S., relating
to the franchise tax on banks and savings associations; including
reference to certain subtractions; amending s. 214.71, F.S., relating to
administrative provisions for designated nonproperty taxes; revising
provisions for determining when sales of tangible personal property
are in this state; amending s. 220.03, F.S.; revising the definition of
"nonbusiness income" and defining "functionally related dividends";
amending s. 220.63, F.S., relating to the franchise tax on banks and
savings associations; revising calculation of the tax base; amending s.
220.03, F.S.; revising the definition of "Internal Revenue Code";
creating s. 220.211, F.S.; providing a penalty for filing an incomplete
return; amending ss. 221.01, 221.02, 221.04, and 220.03, F.S.; revising
the expiration date of the emergency excise tax; deleting provisions
which authorize taxpayers to make certain subsequent election with
respect to applicability of the Internal Revenue Code; amending s.
212.11, F.S.; revising provisions relating to calculation and payment of
estimated tax liability with respect to tax on sales, use, and other
transactions and providing for phased reduction and repeal of the
estimated tax liability percentage; amending s. 212.12, F.S.; authoriz-
ing the Department of Revenue to waive or compromise certain
penalties with respect to estimated tax payments; specifying conditions
for application of said penalties to consolidated returns; amending ss.
220.11 and 220.63, F.S.; increasing the corporate income tax and
franchise tax on banks and savings associations; providing for review;
amending s. 221.01, F.S.; increasing the emergency excise tax rate;



amending s. 220.13, F.S.; revising additions applicable in computing
adjusted federal income; providing for recomputation of estimated
corporate tax due; directing the Department of Revenue to conduct a



revenue survey; providing an appropriation; providing specific and
retroactive effective dates.
On motion by Rep. Ogden, the House concurred in the Senate
amendment to House Amendment 2.

Legislative Intent on SB 1-A
Rep. Easley inquired of Rep. Ogden, "In the section relating to
ultimate destination, is it the intent of the amendment to that section
to treat sales by common and contract carriers to out of state
purchasers as non-Florida sales for purposes of the Florida income
tax?" Rep. Ogden responded, "That is correct, Mrs. Easley."
Rep. Dunbar asked, "I would like to call your attention to page 24,
line 5. This relates to the amendment that Mr. Silver and I put on
yesterday and that we have been working with you and your staff on. I
would like just to clarify intent. It begins that sentence which reads,
'Beginning with January first 1985 returns'-I think what we intend
to say at that point, and I would like for you to clarify for me that we
are intending the January the first of 1985 be a starting point. And
that the starting point doesn't have anything to do with returns, it has
to do with the date. In other words, I think there is a missing comma.
But can you confirm for me that it is the intention that it is January
the first as a starting date that we are intending to accomplish?" Rep.
Ogden answered, "Yes, that is absolutely the intent, Mr. Dunbar."
The question recurred on the passage of SB 1-A, as further amended.
The vote was:
Yeas-104
The Chair Easley Kelly Robinson
Allen Evans-Jones Kimmel Rochlin
Armstrong Figg Kutun Sample
Arnold Frishe Lawson Sansom
Bankhead Garcia Lehtinen Selph
Bass Gardner Lewis Shackelford
Bell Gibbons Liberti Silver
Brantley Gonzalez- Lippman Simon
Bronson Quevedo Locke Simone
Brown, C. Gordon Logan Smith
Brown, T. C. Grant Mackenzie Stewart
Burke Grindle Martin Thomas, D. L.
Burnsed Gustafson Martinez Thomas, J.
Canady Hargrett McEwan Titone
Carlton Harris Messersmith Tobiassen
Carpenter Hawkins, L. R. Metcalf Tobin
Casas Hawkins, M. E. Mills Upchurch
Clark Hazouri Mitchell Wallace
Clements Hodges Morgan Ward
Combee Hollingsworth Morse Webster
Crady Irvine Ogden Weinstock
Crotty Jamerson Pajcic Wetherell
Dantzler Jennings Patchett Woodruff
Davis Johnson, B. L. Peeples Young
Deutsch Johnson, R. C. Press
Drage Jones, C. F. Reaves
Dudley Jones, D. L. Reddick
Nays-11
Dunbar Hill Renke Souto
Gallagher Lombard Sanderson Watt
Gutman Nergard Shelley

Pair Votes
I am paired with Representative Abrams on passage of SB 1-A. If
present, he would vote Yea and I would vote Nay.
Representative Ileana Ros
I am paired with Representative Friedman on passage of SB 1-A. If
present, he would vote Yea and I would vote Nay.
Representative Carol G. Hanson
Votes after roll call:



Yea-Meffert
Yea to Nay-Garcia, Frishe



December 7, 1984



51








JOURNAL OF THE HOUSE OF REPRESENTATIVES



So the bill passed, as amended, by the required Constitutional
three-fifths vote of the membership. The action, together with the bill
and amendments thereto, was immediately certified to the Senate.

Explanation of Vote on SB 1-A

I would vote for the repeal of the unitary tax package except for
what I feel to be unfair restrictions on the small businesses in the
state. I feel that the entire tax package would be better dealt with
during the regular session of the legislature. I am opposed to the
increase in business taxes, especially in light of the federal review and
possible increase in corporate or business taxes across the country in
conjunction with the proposed disallowance for state tax deductions.
Therefore, although I am opposed to the unitary tax, I feel compelled to
vote against the entire tax package because of its potential placement
of an undue tax burden on the small business owner.

Representative James M. Lombard

The Honorable James Harold Thompson, Speaker
I am directed to inform the House of Representatives that the Senate
has admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed SB 13-A and requests the
concurrence of the House.

Joe Brown, Secretary
By Senator Myers-
SB 13-A-A bill to be entitled An act relating to medical practice;
amending s. 474.214, F.S., requiring a licensee to report certain
violations; amending s. 458.303, F.S.; limiting the issuance of medical
faculty certificates; amending s. 458.307, F.S.; permitting medical
college physicians to be members of the board; amending ss. 458.311,
458.313 and 458.319, F.S.; increasing maximum license fees; clarifying
educational requirements for licensure; clarifying examination re-
quirements for licensure by endorsement; relating to graduates of
foreign medical schools; creating s. 458.349, F.S.; defining "medical
assistant"; providing for duties; providing for certification; amending s.
458.347, F.S.; changing exceptions to the requirements for programs
for the education and training of physician's assistants; amending s.
381.494, F.S.; renaming osteopathic facilities; providing an effective
date.

Rep. Lippman moved that SB 13-A be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call.
The motion was agreed to by the required Constitutional two-thirds
vote and SB 13-A was read the first time by title. On motions by Rep.
Lippman, the rules were waived and SB 13-A was read the second time
by title and the third time by title. On passage, the vote was:
Yeas-116



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



Burke
Burnsed
Canady
Carlton
Carpenter
Casas
Clark
Clements
Combee
Crady
Crotty



Dantzler
Davis
Deutsch
Drage
Dudley
Dunbar
Easley
Evans-Jones
Figg
Frishe
Gallagher



Garcia
Gardner
Gonzalez-
Quevedo
Gordon
Grant
Grindle
Gustafson
Gutman
Hanson
Hargrett



Harris
Hawkins, L. R.
Hawkins, M. E.
Hazouri
Hill
Hodges
Hollingsworth
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Kelly
Kimmel
Kutun
Lawson
Lehtinen



Lewis
Liberti
Lippman
Locke
Logan
Lombard
Mackenzie
Martin
Martinez
McEwan
Meffert
Messersmith
Metcalf
Mills
Mitchell
Morgan
Morse
Nergard
Ogden



Pajcic
Patchett
Peeples
Press
Reaves
Reddick
Renke
Robinson
Rochlin
Ros
Sample
Sanderson
Sansom
Selph
Shackelford
Silver
Simon
Simone
Smith



Souto
Stewart
Thomas, D. L.
Thomas, J.
Titone
Tobiassen
Tobin
Upchurch
Wallace
Ward
Watt
Webster
Weinstock
Wetherell
Woodruff
Young



Nays-None
Votes after roll call:
Yeas-Gibbons
So the bill passed and was immediately certified to the Senate.
The Honorable James Harold Thompson
I am directed to inform the House of Representatives that the Senate
has passed HB 19-A; has admitted for introduction and consideration
by the required Constitutional two-thirds vote and passed HB 8-A, HB
18-A, and HJR 27-A; and has concurred in House amendments to
Senate amendments and passed HB 16-A, as further amended.
Joe Brown, Secretary
HB's 19-A, 8-A, 18-A, and HJR 27-A were ordered enrolled, and HB
16-A was ordered enrolled after engrossment.

Recorded Votes
Representative Sample:
Nay to Yea-SB 10-A

Enrolling Reports
HB's 8-A and 18-A have been enrolled, signed by the required
Constitutional Officers and presented to the Governor on December 7,
1984.
Allen Morris, Clerk
HJR 27-A has been enrolled, signed by the required Constitutional
Officers and filed with the Secretary of State on December 7, 1984.
Allen Morris, Clerk

Adjournment
On motion by Rep. Morgan, the House adjourned at 6:34 p.m. sine
die.

Enrolling Reports
HB's 16-A and 19-A have been enrolled, signed by the required
Constitutional Officers and presented to the Governor on December 11,
1984.
Allen Morris, Clerk



52



December 7, 1984








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CHAMBER ACTION ON BILLS
December 7, 1984
HB 6-A-Admitted; Iden/Sim. SB 8-A substituted; laid on table
HB 16-A-Amended Senate amendments; concurred; passed as
amended 117-0
HB 19-A-Passed as amended 118-0
HR 22-A-Admitted and adopted
HB 24-A-Iden/Sim. SB 3-A substituted; laid on table
HM 25-A-Admitted and adopted
HB 28-A-Admitted and passed as amended 98-0
HB 1300-(1984 Regular Session)-Line item vetoes 522A, 1676B
overridden
SB 1-A-concurred; passed as amended 104-11
SB 3-A-Passed 120-0
SB 8-A-Admitted and passed 104-11
SB 11-A-Admitted and passed 104-6
SB 12-A-Admitted and passed 116-0
SB 13-A-Admitted and passed 116-0
CS/SB 341-(1984 Regular Session)-overridden 111-0



CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1 through
53, inclusive, are and constitute a complete, true and correct journal and
record of the proceedings of the House of Representatives of the State of
Florida at a Special Session of the Seventy-second House since Statehood
in 1845, convened under the Constitution, held from December 6 through
December 7, 1984. Additionally, there has been included a record of the
transmittal of Acts subsequent to the sine die adjournment of the Special
Session.




Clerk of the House



Tallahassee, Florida
December 11, 1984



December 7, 1984



53













INDEX

to the

JOURNALS OF THE HOUSE OF REPRESENTATIVES

Organization Session

November 20, 1984

and

Special Session "A"

December 6 through December 7, 1984







CONTENTS

Pages
Standing Committees which considered legislation in Special Session "A"........................... ......................... 55
B ill Sponsors in "A Session .......................................................................................................................................... 55
M miscellaneous Subjects.................................................................................................................................................... 57
Vetoed Bills for 1984 Regular Session.............................. ......................................................................................... 58
Subject Index of House and Senate Bills, Resolutions, and Memorials.......................................... .................. 59
House Bills, Resolutions, and Memorials by Number, Subject, Sponsor, and Disposition.................................... 61
Senate Bills by Number, Subject, Sponsor, and Disposition...................................................................................... 61



54








JOURNAL OF THE HOUSE OF REPRESENTATIVES



STANDING COMMITTEES
(which considered legislation this Special Session)
[Democrats in Roman; Republicans in Italic]



AGRICULTURE
Sam Mitchell (Chairman), Lawrence F. Shackelford (Vice
Chairman), Irlo Bronson, Jr., Carl Carpenter, Jr., Richard
Crotty, Richard E. Dantzler, Bert J. Harris, Jr., Lawrence R.
Hawkins, Mary Ellen Hawkins, Gene Hodges, Wayne Hol-
lingsworth, Frances L. "Chance" Irvine, C. Fred Jones, Everett
A. Kelly, Willie Logan, Jr., Bruce McEwan, Frank S. Messer-
smith, Charles L. Nergard, Charles R. Smith

APPROPRIATIONS
Samuel P. Bell, III (Chairman), Gene Hodges (Vice Chair-
man), Beverly B. Burnsed, Fran Carlton, Carl Carpenter, Jr.,
Bill Clark, Richard Crotty, Helen Gordon Davis, Betty Easley,
Michael Friedman, C. Thomas Gallagher, III, Winston W.
Gardner, Jr., Elaine Gordon, Tom Gustafson, James T. Har-
grett, Jr., Mary Ellen Hawkins, Thomas L. Hazouri, Bolley L.
Johnson, Ronald Clyde Johnson, C. Fred Jones, Barry Kutun,
Frederick Lippman, Sidney Martin, Elvin L. Martinez, Frank
S. Messersmith, Jon L. Mills, Herbert F. Morgan, Carl Ogden,
Steve Pajcic, Art Simon, Hamilton D. Upchurch, Peter Rudy
Wallace, James G. Ward, Eleanor Weinstock, T. K. Wetherell

CITRUS & AGRICULTURAL FUNDING, SELECT
C. Fred Jones (Chairman), Dexter W. Lehtinen (Vice Chair-
man), Carl Carpenter, Jr., Richard E. Dantzler, Fred R.
Dudley, Winston W. Gardner, Jr., Bert J. Harris, Jr., Frank S.
Messersmith, Sam Mitchell, Carl Selph, Lawrence F. Shackel-
ford, Daniel Webster



COMMERCE
Beverly B. Burnsed (Chairman), Jack N. Tobin (Vice Chair-
man), Michael I. Abrams, William G. Bankhead, Virginia
Bass, Samuel P. Bell, III, Bill Clark, George A. Crady, C.
Thomas Gallagher, III, Winston W. Gardner, Jr., James T.
Hargrett, Jr., Mary Ellen Hawkins, Ronald Clyde Johnson,
Bernard Kimmel, Barry Kutun, Alfred J. Lawson, Jr., James
M. Lombard, Bruce McEwan, Herbert F. Morgan, Carl Ogden,
Ileana Ros, T. K. Wetherell


FINANCE & TAXATION

Carl Ogden (Chairman), Tom C. Brown (Vice Chairman),
Virginia Bass, James C. Burke, Roberto Casas, S. L. Clements,
Jr., Fred R. Dudley, Betty Easley, Douglas L. Jamerson, Ray
Liberti, Willie Logan, Jr., Bruce McEwan, Steve Pajcic, John
K. Renke, II, Javier D. Souto, Raymond B. Stewart, Thomas J.
Tobiassen, Jack N. Tobin, James L. Watt

HEAL'fH & REHABILITATIVE SERVICES

Ronald Clyde Johnson (Chairman), Steve Press (Vice Chair-
man), Michael I. Abrams, J. Keith Arnold, William G.
Bankhead, Fran Carlton, Bill Clark, Byron Combee, George A.
Crady, Helen Gordon Davis, Michael Friedman, Rodolfo Gar-
cia, Jr., Arnhilda Gonzalez-Quevedo, James C. Hill, Jr., James
M. Lombard, Elizabeth Metcalf, Irma S. Rochlin, David L.
Thomas



Bill Sponsors in "A" Session

[Source: Information Division, Joint Legislative Management Committee]



ABRAMS, MICHAEL I.-101st District
Sponsored: 25-A

ARMSTRONG, THOMAS H.-96th District
Co-sponsored: 25-A

ARNOLD, J. KEITH-73rd District
Sponsored: 5-A

BASS, VIRGINIA-2nd District
Sponsored: 2-A
Co-sponsored: 19-A

BELL, SAMUEL P., III-28th District
Sponsored: 27-A
Co-sponsored: 19-A

BRANTLEY, BOBBY-27th District
Sponsored: 9-A

BROWN, CORRINE-17th District
Sponsored: 25-A
Co-sponsored: 26-A

BROWN, TOM C.-30th District
Sponsored: 17-A
Co-sponsored: 25-A



BURKE, JAMES C.-107th District
Sponsored: 2-A, 25-A
Co-sponsored: 19-A

BURNSED, BEVERLY B.-45th District
Sponsored: 2-A, 10-A
Co-sponsored: 16-A, 19-A

CANADY, CHARLES T.-44th District
Co-sponsored: 16-A

CARLTON, FRAN-39th District
Sponsored: 2-A
Co-sponsored: 19-A

CARPENTER, CARL, JR.-61st District
Sponsored: 13-A

CLARK, BILL-91st District
Co-sponsored: 25-A

CLEMENTS, S. L., JR.-62nd District
Co-sponsored: 22-A

COMBEE, BYRON-51st District
Sponsored: 21-A

DANTZLER, RICHARD E.-43rd District
Co-sponsored: 16-A



INDEX



55








JOURNAL OF THE HOUSE OF REPRESENTATIVES



DAVIS, HELEN GORDON-64th District
Co-sponsored: 19-A

DEUTSCH, PETER R.-90th District
Co-sponsored: 25-A

DUDLEY, FRED R.-74th District
Co-sponsored: 22-A

DUNBAR, PETER M.-50th District
Sponsored: 21-A

EASLEY, BETTY-52nd District
Sponsored: 18-A
Co-sponsored: 21-A

FIGG, MARY-60th District
Sponsored: 13-A

FRIEDMAN, MICHAEL-103rd District
Co-sponsored: 19-A, 25-A

FRISHE, JAMES CHRISTOPHER-57th District
Sponsored: 21-A

GORDON, ELAINE-102nd District
Sponsored: 2-A, 6-A, 19-A, 20-A

GRANT, JOHN A., JR.-59th District
Sponsored: 22-A

GUSTAFSON, TOM-94th District
Sponsored: 2-A
Co-sponsored: 19-A

HARGRETT, JAMES T., JR.-63rd District
Sponsored: 25-A

HAZOURI, THOMAS L.-20th District
Co-sponsored: 18-A

JAMERSON, DOUGLAS L.-55th District
Co-sponsored: 21-A, 25-A

JOHNSON, BOLLEY L.-4th District
Co-sponsored: 17-A, 18-A

JOHNSON, RONALD CLYDE-6th District
Co-sponsored: 19-A

JONES, C. FRED-42nd District
Sponsored: 11-A

JONES, DENNIS L.-53rd District
Sponsored: 1-A, 22-A
Co-sponsored: 21-A

KELLY, EVERETT A.-46th District
Sponsored: 26-A

LIPPMAN, FREDERICK-97th District
Sponsored: 1-A, 2-A, 19-A

LOGAN, WILLIE, JR.-108th District
Sponsored: 3-A
Co-sponsored: 25-A

MACKENZIE, ANNE-95th District
Co-sponsored: 25-A



MARTINEZ, ELVIN L.-65th District
Co-sponsored: 22-A



MEFFERT, CHRISTIAN-25th District
Sponsored: 2-A, 12-A
Co-sponsored: 19-A

METCALF, ELIZABETH-114th District
Co-sponsored: 19-A, 25-A

MILLS, JON L.-24th District
Sponsored: 2-A
Co-sponsored: 19-A

MITCHELL, SAM-7th District
Sponsored: 11-A, 16-A
Co-sponsored: 22-A

MORGAN, HERBERT F.-lOth District
Sponsored: 10-A, 14-A, 15-A, 18-A
Co-sponsored: 19-A

OGDEN, CARL--14th District
Sponsored: 17-A, 18-A

PAJCIC, STEVE-15th District
Co-sponsored: 19-A, 25-A

PATCHETT, R. DALE-78th District
Sponsored: 28-A

PEOPLES, VERNON-72nd District
Co-sponsored: 25-A

PRESS, STEVE-86th District
Co-sponsored: 25-A

REAVES, JEFFERSON, SR.-106th District
Co-sponsored: 25-A

REDDICK, ALZO J.-40th District
Co-sponsored: 25-A

RENKE, JOHN K., II-49th District
Co-sponsored: 18-A

ROCHLIN, IRMA S.-98th District
Sponsored: 7-A, 26-A
Co-sponsored: 19-A

SAMPLE, DOROTHY EATON-54th District
Co-sponsored: 21-A

SHACKELFORD, LAWRENCE F.-67th District
Co-sponsored: 16-A

SILVER, RONALD A.-100th District
Co-sponsored: 19-A

SIMON, ART-116th District
Co-sponsored: 25-A

SIMONE, PEGGY-68th District
Co-sponsored: 21-A

SMITH, CHARLES R.-47th District
Co-sponsored: 25-A

THOMAS, JOHN-16th District
Co-sponsored: 25-A

TOBIN, JACK N.-88th District
Co-sponsored: 25-A



WALLACE, PETER RUDY-56th District
Co-sponsored: 21-A, 25-A



56



INDEX








JOURNAL OF THE HOUSE OF REPRESENTATIVES



WARD, JAMES G.-5th District
Sponsored: 8-A

WEBSTER, DANIEL-41st District
Sponsored: 9-A

WEINSTOCK, ELEANOR-83rd District
Co-sponsored: 25-A



AGRICULTURE
Committee Bill: 11-A



WETHERELL, T. K.-29th District
Sponsored: 2-A
Co-sponsored: 19-A, 25-A

WOODRUFF, T. M.-58th District
Sponsored: 21-A



APPROPRIATIONS
Committee Bills: 233A, 24-A



Miscellaneous Subjects



Subject
ORGANIZATION SESSION, NOVEMBER 20, 1984
Committees
Children & Youth, ad hoc; Chairman appointed..
Joint Standing; appointments.................................
Select; Chairmen appointed.....................................
Standing; Chairmen appointed...............................
Dean of the House designated....................................
Democratic Leadership designated.............................
Members
Certified list............................. ................
Oath of Office............................ ...............
Officers
Clerk election-remarks by Reps. Gustafson and
E asley...................................... ........................
Sergeant at Arms designation................................
Speaker election-remarks by Reps. Morgan,
Ward, Gustafson, Watt, McEwan, and Bank-
head...... .................................... .............
Speaker pro tempore election-remarks by Reps.
Bell, Burnsed, Davis, Dunbar, Gallagher, Ros..
Presentation of guests........................ .............
Proclamation calling Special Session (December
6-7)........................... ....................
Remarks
Minority Leader......................... .............
Speaker................................................... 6
Speaker pro tempore........................ ..........



Pages Subject
Republican Leadership designated.............................
Rules of the House
y Yr % r N "r% 'I P- -4



13 H 1-Urg.; Rules tor 1984-8b; amendments..........
14 Waiver of Rule 6 for committee meetings in
14 December........................................
12-14
SPECIAL SESSION, December 6-7, 1984
15 Bills
12, 15 Progress report on SB 1-A................................
Statements of Legislative Intent
HB 19-A Child Care............................................
1-2 SB 1-A Unitary tax...................... ...................
2
Calendar
Special Order; Rules Chairman authorized to set

9-10 Committees, Select
-10 Citrus & Agricultural Funding and Claims;
clothed ........................................... ...................
Claims; Standing Order amended...........................



2-6 Journal; reprinting........................ ...............
6-9 Members
Oath of Office; Reps. Pajcic and Shelley.................
2, 6, 9 Presentation of Guest
Nelson, C. William; U.S. Congressman..................
15 Proclamations
Governor............................ ...... .......................
15 President and Speaker, Joint................................
,11-15 Rules of the House
9 Waiver of Rule 6 (Committees).............................



Pages
15

10-11

11



43

42
21, 51

13


3
3-4
32

2

38

1-2
1



13



INDEX



57



L









58



INDEX



Date
No. Subject Sponsor Pages Vetoed Disposition



1984 Regular Session Vetoed House Bills
HB
18 Paradise Groves; relief..................... .............. ....
252 State lands; deed to San Antonio
Boys Village..................................... ....................
344 Raphael Espinosa; relief............................. ............
382 Johnnie Mae Singleton; relief......................................
CS/HB
431 Nursing homes........................... ....................

HB
475 Insurance; chiropractic coverage...................................
572 Towing; local ordinances
953 Legislative committee procedures.................................
CS/HB
997 Medical practitioners..............................................
HB
1012 Land surveyors................................................................
1300 (Item veto) General appropriations...............................
Item 322A College of Chiropractic....................
Item 522A Department of Communications;
University of W est Florida.....................................
Item 1421 Navarre Pass Study..................................
Item 1556A Art Facilities Development
and Operations Program; Jacksonville
Arts Assembly................................ .......
Item 1676A Nassau County Multi-Use
Facility............................................ ...........
Item 1676B Agricultural Center; St.
Johns County......................................
Item 1679A Polk County Livestock
Pavilion-Bartow.............................................
Item 1708A Lakeland Parking Facility....................
Items 1764C and 1769A Eau Gallie
Causeway Catwalk......................... ....

1302 Educational facilities funding (PECO).........................

1984 Regular Session Vetoed Senate Bills
CS/SB
106 Sales tax......................................................
192 Corrections..................... .... ..................

210 Electrolysis...........................................

341 Medical practice.......................... ..................

CS/SBs
504 & 681 Safe Schools Act............................................



Burnsed 5......................... .......... ............. 6/21/84

Stewart 5................................................................. 6/14/84
Kutun 5-6................................................... ......... 6/14/84
Thomas, by request 5, 6, 37-38............................... 6/14/84

Committee on Health & Rehabilitative
Services and Reddick 5, 6-7................................. 6/22/84

Martinez 5, 7, 38...................................................... 6/14/85
Hanson 5, 7-8........................................................... 6/14/84
Committee on Judiciary 5, 8................................... 6/14/84

Committee on Regulatory Reform
and Rochlin 5, 8-9.................................................6/14/84
Committee on Regulatory Reform 5, 9.................6/14/84
Committee on Appropriations 10-13, 30................. 6/14/84
........................................ ......... 29 ...................... ...............

..................................................... 35 .................... ..............
.....................................................28 .................... ...............

.................. ........................... 28 ................. ......... ............

................... .............................. 29 ...................... ...............

.................. ............................... 35 ....................... ............

..................................................... 30 ...................... ...............
..................................................... 29-30 ..... ........................

.................. ............................... 28-29 ..................................

Committee on Appropriations
5, 9-10, 14-15, 24, 30............................................. 6/14/84



Committee on Finance, Taxation & Claims
and Stuart........................................... ............ 6/20/84
Committee on Corrections, Probation
& Parole ...................................................... ......... 6/25/84
Committee on Economic, Community &
Consumer Affairs and W. D. Childers................. 6/14/84
Committee on Health & Rehabilitative
Services and Myers 35, 36-37.............................. 6/20/84



Died in committee

Died in committee
Died in committee
Died in Messages

Died in committee

Died in Messages
Died in committee
Died in committee

Died in committee
Died in committee

Died in Messages

Died in Messages
Died in Messages

Died in Messages

Died in Messages

Died in Messages

Died in Messages
Died in Messages

Died in Messages

Ch. 84-542









Ch. 84-543



Committee on Education and Scott
and Weinstein......................................................... 6/14/84



JOURNAL OF THE HOUSE OF REPRESENTATIVES










Vetoed Bills

Dates shown are dates when Governor vetoed bills and sent these
directly to Secretary of State for subsequent transmittal to house of origin.
Page number in boldfaced print indicates location of roll call vote on disposition.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Subject Index of House and Senate

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

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

(Boldfaced bill numbers passed both houses.)



-A-

ADVERTISING
Child care facilities; certain types prohibited, S6-A, H2-A, H12-A,
H19-A

AGRICULTURE & CONSUMER SERVICES, DEPARTMENT OF
Citrus canker disease; eradication; reimbursement program, nur-
serymen and growers, S4-A, S7-A, H9-A, H16-A

APPOINTMENTS
Governor and Legislature; Child Care Task Force, H19-A

APPROPRIATIONS
Agriculture & Consumer Services Department; citrus canker disease
reimbursement funds, S4-A, S7-A, H9-A, H16-A
Health & Rehabilitative Services Department
Child care personnel fingerprinting, H19-A
Children, Youth & Family Services, S3-A, H24-A
North Miami, City of; athletic stadium complex, construction, S8-A,
H6-A

ATHLETICS
Muscle-building hormones, testosterone or analogs; use restricted;
penalty, H26-A
-B-

BANKING
Nonbanking or deposit-taking institutions; certain controls prohi-
bited, S10-A, H10-A
BONDS
Trust funds, legislative review; exemption of bondholders and other
indebtedness, S5-A, H23-A
-C-_

CERTIFICATES OF NEED
Osteopathic acute care hospitals; determination criteria, S13-A
CHILD ABUSE
Children, Youth & Family Services; supplemental funding, S3-A,
H24-A
Clergymen; reporting exemption, H3-A
CHILD CARE FACILITIES
Brochures, development and distribution to parents and other
interested parties, H2-A, H19-A
Child Abuse Registry check performed prior licensing, H7-A
Day care facilities, private and public employers; establishment
initiatives, H2-A, H19-A
Personnel
Background and screening checks; monthly review, H2-A, H19-A
Education, training and experience requirements; licenses; adver-
tising restrictions, S6-A, H12-A
Licensing; fingerprinting required, Hi-A, H19-A
Supplemental funding, S3-A, H24-A
Training resources; list compilation, distribution; volunteers, train-
ing requirements, S6-A, H12-A
Zoning, approvals and variances; provisional licenses, operational
time period decreased, H2-A, H19-A



CITRUS CANKER DISEASE
Eradication funding and indemnification calculations; reim-
bursement program, nurserymen and growers, S4-A, S7-A, H9-A,
H16-A
COMMENDATIONS
Shriners; contributions to care of injured children, H22-A
COMMUNITY COLLEGES
Child care facilities training resources; identification list, S6-A,
H12-A
CONFIDENTIAL AND PRIVILEGED INFORMATION
Child abuse; clergymen, reports privileged communication, H3-A
CORPORATE TAX
Unitary tax; business groups, exemption reference deleted, Sl-A,
H17-A
-D-
DENTISTS
Anesthesia, nondental; administration; repealed, S11-A
DISCRETIONARY TAX See: SALES TAX
DRUGS
Muscle-building hormones, testosterone or analogs; use restricted;
penalty, H26-A
-E-
-F-
EDUCATION
See also: SCHOOLS
Child care facilities training resources; identification list, S6-A,
H12-A
ELECTIONS
Municipal; December election date revised, H8-A
ETHIOPIA
Aid and assistance; urges Congress to take appropriate action,
H25-A
-F-
FINGERPRINTING
Child care facilities, personnel; required; FDLE processing, Hi-A,
H19-A
School noninstructional personnel; filing required, H5-A
-H-
HEALTH & REHABILITATIVE SERVICES, DEPARTMENT OF
Child Abuse Registry check performed prior licensing child care
facilities, H7-A
Child care facilities training resources; list, compilation and distri-
bution, S6-A, H12-A
Children, Youth & Family Services; supplemental funding, S3-A,
H24-A
HOSPITALS
Indigent health care; discretionary additional tax levy, certain
counties, S2-A, H13-A
Osteopathic acute care hospitals; certificate of need determinations,
S13-A



59



INDEX









JOURNAL OF THE HOUSE OF REPRESENTATIVES



-I-

INDIGENTS
Health care, certain county hospitals; additional discretionary tax
levy, S2-A, H13-A
-J-
JOINT RESOLUTIONS NOT CONSTITUTIONAL AMENDMENTS
HB 1302, 1984 Session; new effective date, H27-A
-L--

LAW ENFORCEMENT, DEPARTMENT OF
Child care facilities, personnel fingerprints; processing, H1-A,
H19-A
LEGISLATURE
House Select Committees
Citrus & Agricultural Funding and Claims; given standing
committee powers, H14-A
Claims; Standing Order for Procedures amended, H15-A
Members, state or local employment; leave to serve in
Legislature; salary abatement while performing legislative duties,
H28-A
Reports
Child Care Task Force, H19-A
Citrus Industry Emergency Fund for future emergencies, H16-A
Trust funds; legislative review, S5-A, H23-A
LICENSES AND LICENSE TAXES
Child care facilities
Child Abuse Registry check prior licensing, H7-A
Fingerprinting of personnel required, Hi-A, H19-A
Personnel, S6-A, H12-A, H19-A
LIMITATIONS OF ACTIONS
Sexual offenses; applicability specified, S12-A, H20-A
LOCAL GOVERNMENTS
Child care facilities; coordination with HRS Department on licensing
information; monthly review, H2-A, H19-A
-M-
MEDICAL PRACTICE
Anesthesia, nondental; administration; repealed, S11-A
Faculty certificates, medical; issuance limited; fees increased; exami-
nation requirements clarified, S13-A
Foreigners; examination and licensing, S13-A
Medical assistants, duties specified; certification and registration,
S13-A
Medical examiners; medical college faculty board membership,
S13-A
MEMORIALS
Ethiopia; urges Congress to render emergency aid and assistance,
H25-A
-N-

NORTH MIAMI, CITY OF
Athletic stadium complex, construction; funding, S8-A, H6-A
-P-

PHYSICIANS AND SURGEONS
Muscle-building hormones, testosterone or analogs; use prohibited;
license suspension or revocation, H26-A
Out-of-state license applicants; $1,000 fee, S13-A
POPULAR NAMES
Nonbanking bills, S10-A, H10-A
PECO bill (HB 1302) effective date, H27-A



Trust fund Sunset review bill, S5-A, H23-A
Unitary tax bill, Sl-A, H17-A
-R--

REGENTS, BOARD OF
Child care facilities training resources; identification list, S6-A,
H12-A
RELIGION
Clergymen; child abuse reports privileged communication, H3-A
RESOLUTIONS
Citrus canker; eradication; grove resets; nursery stock indemnifica-
tion; funding request, H11-A
House Select Committees
Citrus & Agricultural Funding and Claims; given standing
committee powers, H14-A
Claims; Standing Order for Procedures amended, H15-A
Shriners; commendation for contributions to care of injured children,
H22-A
-S-
SALES TAX
Exemptions; electric energy, steam energy, production; taxpayer
refunds, S9-A, H18-A
Indigent health care; discretionary additional tax levy, certain
counties, S2-A, H13-A
SCHOOLS
Noninstructional personnel; fingerprinting, filing required, H5-A
Students; excused absences; consideration re minimum attendance
requirements, H21-A
SEX OFFENSES
Statute of limitations; applicability specified, S12-A, H20-A
SUNSET BILLS
Child care facilities, S6-A, H12-A, H19-A
Trust funds; legislative review, S5-A, H23-A
-T-
TAXATION
Corporate (unitary) tax; business groups, exemption reference
deleted, SI-A, H17-A
Sales tax
Exemption; electric energy, steam energy, production; taxpayer
refunds, S9-A, H18-A
Indigent health care; discretionary additional tax levy, certain
counties, S2-A, H13-A
TRUST FUNDS
Child care facility, H2-A, H19-A
Legislative review of certain, S5-A, H23-A
-U-
UNITARY TAX See: TAXATION
-V-
VETERINARIANS
Drug dispensations or sales, S13-A
Mentally or physically incapacitated practitioners; reports by other
practitioners, S13-A
VOLUNTEERS
Child care facilities; training requirements, S6-A, H12-A



ZONING
Child care facilities; approval and variances, H2-A, H19-A



0



--



60



INDEX








INDEX



Abbreviations:
Ch.-Chapter number, as passed
CSP-Companion or similar bill passed
DCH-Died on House Calendar
DHC-Died in House committee (no action by committee)
DM-Died in Messages
HB-House Bill



HJR-House Joint Resolution
HM-House Memorial
HR-House Resolution
ID-Introduction deferred
LTH-Laid on table in House



Child care facilities (Lippman) 2 DHC
Child care (Gordon) 2 DHC/CSP-HB 19-A
Child abuse (Logan) 2 ID
Withdrawn 2
School personnel (Arnold) 2 ID
Appropriations; North Miami (Gordon) 3, 39 LTH/CSP-SB 8-A
Child care (Rochlin) 3 DHC
Municipal elections (Ward) 3, 30, 52 Ch. 84-554
Citrus industry (Webster) 3 DHC/CSP-HB 16-A
Banking (Burnsed) 3, 14, 24, 30 LTH/CSP-SB 10-A

Citrus canker (Agriculture) 3 DHC

Child care (Meffert) 3 DHC/CSP-HB 19-A
Sales tax (Figg) 3, 13, 22, 30, 31 LTH/CSP-SB 2-A



14-A House Select Committees on Citrus & Agricultural Funding
and Claims (Morgan) 3 Adopted
15-A Claims bills procedures (Morgan) 3-4 Adopted



HB
16-A

17-A
18-A
19-A
20-A
21-A
HR
22-A
HB
23-A
24-A

HM
25-A
HB
26-A
HJR
27-A
HB
28-A



Citrus canker (Mitchell) 4, 13, 21-22, 30, 31, 43-45, 52 Ch.
84-547
Unitary tax (Ogden) 4, 13, 15, 30, 31 DCH/CSP-SB 1-A
Sales tax (Ogden) 4, 13, 23-24, 30, 31, 52 Ch. 84-548
Child care (Gordon) 4, 13, 21, 31, 39, 40-42, 52 Ch. 84-551
Statutes of limitations (Gordon) 4, 39 ID/CSP-SB 12-A
Education (Dunbar) ID

Shriners (Grant) 39, 40 Adopted

Trust funds (Appropriations) 14, 24-25 LTH/CSP-SB 5-A
Child care appropriations (Appropriations) 13, 21, 39, 42-43
LTH/CSP-SB 3-A

Ethiopia; emergency aid (C. Brown) 39, 40 DM

Medical practitioners (Rochlin) ID

PECO Act; effective date (Bell) 24, 52 Passed

Legislature (Patchett) 39, 43 DM



Senate Bills

(Received in House) by Number,

Subject, Sponsor, and Disposition


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

Abbreviations:
Ch.-Chapter number, as passed
SB-Senate Bill

SB 8-A Appropriations; North Miami (Margolis) 39 Ch. 84-556
1-A Unitary tax (Crawford) 15-21, 43, 45-51, 52 Ch. 84-549 10-A Banking (Hair) 24, 52 Ch. 84-544
2-A Sales tax (Castor) 22-23 Ch. 84-555 11-A Medical practice (Myers) 35-36 Ch. 84-552
3-A Child care appropriations (Appropriations) 42-43 Ch. 84-546 12-A Statutes of limitations (Frank) 39-40 Ch. 84-550
5-A Trust funds (Appropriations) 25 Ch. 84-545 13-A Medical practice (Myers) 52 Ch. 84-553



61



HB
1-A
2-A
3-A
4-A
5-A
6-A
7-A
8-A
9-A
10-A
HR
11-A
HB
12-A
13-A
HR



JOURNAL OF THE HOUSE OF REPRESENTATIVES



House Bills, Resolutions, and Memorials

by Number, Subject, Sponsor, and Disposition


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