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 Members of the House or Repres...
 June 1989
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Journal of the Florida House of Representatives
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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: June 3, 1989
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General Note: Description from: 1984.
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Preceded by: Journal of the House of Representatives of the session of ...

Table of Contents
    Title Page
        Page i
    Members of the House or Representatives
        Page ii
        Page iii
        Page iv
    June 1989
        Saturday, June 3
            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
    Index
        Contents
            Page 28
        Bill Sponsors is "A" Session
            Page 29
        Miscellaneous Subjects
            Page 29
        Subject Index of House and Senate Bills, Resolutions, and Memorials
            Page 30
            Page 31
            Page 32
            Page 33
        Bills, Resolutions and Memorials by Number, Subject, Sponsor and Disposition
            Page 34
Full Text


Journal

of the

Florida



House of Representatives



Special Session "A"
June 3, 1989


of the
Seventy-fourth House
since Statehood in 1845



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










MEMBERS OF THE HOUSE OF REPRESENTATIVES
1988-1990

[Democrats in Roman (73); Republicans in Italic (47)]



District
1. Part of Escambia
Thomas J. "Tom" Tobiassen, Cantonment
2. Part of Escambia
Buzz Ritchie, Pensacola
3. Parts of Escambia, Santa Rosa
Tom Banjanin, Pensacola
4. Parts of Okaloosa, Santa Rosa [an uninhabited
portion of Escambia lies within this district]
Bolley L. "Bo" Johnson, Milton
5. Parts of Okaloosa, Walton
Robert T. Harden, Shalimar
6. Part of Bay
Ronald Clyde "Ron" Johnson, Panama City
7. Holmes, Washington and parts of Bay, Jack-
son, Walton
Sam Mitchell, Vernon
8. Calhoun, Gadsden, Gulf and parts of Bay,
Franklin, Jackson
Robert DeWitt "Rob" Trammell, Marianna
9. Liberty and parts of Franklin, Leon, Wakulla
Alfred J. "Al" Lawson, Jr., Tallahassee
10. Part of Leon
Hurley W. Rudd, Tallahassee
11. Dixie, Gilchrist, Jefferson, Lafayette, Levy,
Taylor and parts of Citrus, Marion, Wakulla
Gene Hodges, Cedar Key
(Resigned November 22, 1988)
F. Allen Boyd, Jr., Monticello
(Elected January 17, 1989)
12. Columbia, Hamilton, Madison, Suwannee
Joseph R. "Randy" Mackey, Jr., Lake City
13. Baker, Nassau, Union and parts of Bradford,
Duval
George A. Crady, Yulee
14. Part of Duval
Stephen R. Wise, Jacksonville
15. Part of Duval
Michael E. "Mike" Langton, Jacksonville
16. Part of Duval
Betty S. Holzendorf, Jacksonville
17. Part of Duval
Corrine Brown, Jacksonville



District
18. Part of Duval
James E. "Jim" King, Jacksonville
19. Parts of Duval, St. Johns
Joseph Arnall, Atlantic Beach
20. Part of Duval
David W. Troxler, Jacksonville
21. Clay and parts of Bradford, St. Johns
Frances L. "Chance" Irvine, Orange Park
22. Flagler and parts of Putnam, St. Johns
Roy Campbell, East Palatka
23. Parts of Alachua, Putnam
Sidney "Sid" Martin, Hawthorne
24. Part of Alachua
David Flagg, Gainesville
25. Part of Marion
George Albright, Ocala
26. Parts of Citrus, Marion
Dick Locke, Inverness
27. Parts of Lake, Marion, Putnam, Seminole,
Volusia
Stan Bainter, Tavares
28. Part of Volusia
Dick Graham, Ormond Beach
29. Part of Volusia
T. K. Wetherell, Daytona Beach
30. Part of Volusia
Jack Ascherl, New Smyrna Beach
31. Part of Brevard
Charlie Roberts, Titusville
32. Part of Brevard
Dixie N. Sansom, Satellite Beach
33. Part of Brevard
Harry C. Goode, Jr., Melbourne
34. Parts of Brevard, Orange, Seminole
Frank Stone, Casselberry
35. Part of Seminole
Arthur E. "Art" Grindle, Altamonte Springs
36. Parts of Orange, Seminole
Thomas B. "Tom" Drage, Jr., Maitland
37. Part of Orange
Richard T. "Rich" Crotty, Orlando








District
38. Part of Orange
Bruce McEwan, Orlando
39. Part of Orange
Bob Sindler, Apopka
40. Part of Orange
Alzo J. Reddick, Orlando
41. Part of Orange
Daniel Webster, Orlando
42. Parts of Osceola, Polk
C. Fred Jones, Auburndale
43. Part of Polk
Richard E. "Rick" Dantzler, Winter Haven
44. Part of Polk
Charles T. Canady, Lakeland
(Changed party affiliation from Democrat to
Republican on June 8, 1989)
45. Part of Polk
Tom Mims, Lakeland
46. Parts of Lake, Sumter
Everett A. Kelly, Tavares
47. Hernando and parts of Pasco, Sumter
Charles R. "Chuck" Smith, Brooksville
48. Part of Pasco
John Long, Land O'Lakes
49. Part of Pasco
John K. Renke, II, New Port Richey
50. Parts of Pasco, Pinellas
R. Z. "Sandy" Safley, Clearwater
51. Part of Pinellas
Gerald S. "Jerry" Rehm, Clearwater
52. Part of Pinellas
Sandra Barringer Mortham, Largo
53. Part of Pinellas
Dennis L. Jones, Treasure Island
54. Part of Pinellas
Lars A. Hafner, St. Petersburg
55. Part of Pinellas
Douglas L. "Tim" Jamerson, St. Petersburg
56. Part of Pinellas
Peter Rudy Wallace, St. Petersburg
57. Part of Pinellas
Jim Frishe, Pinellas Park
58. Part of Pinellas
Jeff Huenink, St. Petersburg



59. Part of Hillsborough
Brian P. Rush, Tampa



District
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
Jim Davis, Tampa
65. Part of Hillsborough
Elvin L. Martinez, Tampa
66. Part of Hillsborough
Ronald Carl "Ron" Glickman, Tampa
67. Hardee and part of Manatee
J. J. "Toby" Holland, Jr., 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
Timothy F. "Tim" Ireland, Cape Coral
75. Parts of Collier, Lee
Mary Ellen Hawkins, Naples
76. Glades, Hendry, Highlands and parts of
Collier, DeSoto, Okeechobee
Bert J. Harris, Jr., Lake Placid
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
Marian V. Lewis, North Palm Beach








District
82. Part of Palm Beach
Ray Liberti, West Palm Beach
83. Part of Palm Beach
Lois J. Frankel, West Palm Beach
84. Part of Palm Beach
Edward J. "Ed" Healey, 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
Ben Graber, Coral Springs
90. Part of Broward
Peter R. Deutsch, Tamarac
91. Part of Broward
Bill Clark, Lauderdale Lakes
92. Part of Broward
Robert J. "Bob" Shelley, Pompano Beach
93. Part of Broward
Debby P. Sanderson, Fort Lauderdale
94. Part of Broward
Tom Gustafson, Fort Lauderdale
95. Part of Broward
Anne Mackenzie, Fort Lauderdale
96. Part of Broward
Norman Ostrau, Plantation
97. Part of Broward
Frederick "Fred" Lippman, Hollywood
98. Part of Broward
Steve Geller, 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



District
102. Part of Dade
Elaine Gordon, North Miami
103. Part of Dade
Michael Friedman, Surfside
104. Part of Dade
Elaine Bloom, 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
Luis E. Rojas, Hialeah
110. Part of Dade
Lincoln Diaz-Balart, Miami
111. Part of Dade
Nilo Juri, Hialeah
112. Part of Dade
Carlos L. Valdes, Miami Springs
113. Part of Dade
Luis C. Morse, Miami
114. Part of Dade
Bruce Hoffmann, South Miami
115. Part of Dade
Mario Diaz-Balart, Miami
116. Part of Dade
Art Simon, Miami
117. Part of Dade
Susan Guber, Miami
118. Part of Dade
Tom Easterly, Miami
119. Part of Dade
John F. Cosgrove, Miami
120. Monroe and part of Dade
Ron Saunders, Key West



OFFICERS OF THE HOUSE OF REPRESENTATIVES



Speaker-Tom Gustafson
Speaker pro tempore-Sam Mitchell



Clerk-John B. Phelps
Sergeant at Arms-Wayne Westmark


















The JournalOF THE


House of Representatives


FIRST SPECIAL SESSION-"A" of 1988-1990



Number 1



Saturday, June 3, 1989



Journal of the House of Representatives for a Special Session of the Seventy-fourth House since Statehood in 1845,
convened by Proclamation of the Governor and held at the Capitol in the City of Tallahassee in the State of Florida, on
Saturday, June 3, 1989.



The House was called to order by the Honorable Tom Gustafson,
Speaker at 11:00 a.m.
The following proclamation was read:

PROCLAMATION

State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE AND
THE HOUSE OF REPRESENTATIVES:
WHEREAS, the Eleventh Legislature of the State of Florida, under the
Florida Constitution, 1968, Revision, convened in regular session for the
year 1989 on April 4, 1989, and adjourned on June 3, 1989, and
WHEREAS, the Legislature during the 1989 Regular Session has failed
to fully address transportation needs for the State of Florida by failing to
enact the legislation to authorize the implementation of the expanded
Turnpike System approved by the 1988 Legislature, and
WHEREAS, the Legislature has further failed to address other pressing
demands of Florida's growth and to assure the continued quality of
Florida's environment and lifestyle by addressing the needs of state and
local governments and implementing effective growth management, and
WHEREAS, the Legislature has further failed to provide for the safety
of the citizens of Florida by controlling the release of state inmates, by
providing for the restitution of victims, and by controlling and penalizing
drug abusers, and
WHEREAS, it is in the best interest of the citizens of the State of Florida
to call a Special Session so that the Legislature may give full and adequate
consideration to those items set forth below.
NOW, THEREFORE, I, BOB MARTINEZ, Governor of the State of
Florida, by virtue of the power and authority vested in me by Article III,
Section 3(c)(1), Florida Constitution, do hereby proclaim as follows:
Section 1.
That the Legislature of the State of Florida be and is hereby convened
in Special Session, at the Capitol, Tallahassee, commencing at 11:00 a.m.,
Saturday, June 3, 1989, and extending through 11:59 p.m., Saturday, June
3, 1989.
Section 2.
That the Legislature of the State of Florida is convened for the sole and
exclusive purpose of considering the following matters:



1. Legislation to authorize the implementation of the expanded
Turnpike System approved by the 1988 Legislature and the reform
of right of way acquisition procedures by the Department of
Transportation.
2. Legislation relating to growth management and protection of the
environment.
3. Legislation providing for the controlled release of inmates.
4. Legislation providing for victim restitution.
5. Legislation providing for drug abuse control.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of
Florida to be affixed to this Proclamation convening
the Legislature in Special Session at the Capitol, this
3rd day of June, 1989.
BOB MARTINEZ
Governor
ATTEST:
BEVERLY B. BURNSED, for the
Secretary of State

Prayer
The following prayer was offered by Representative Mackey:
Our Heavenly Father, we come to You now asking that You be with us
during these special times when our patience is tried. But the other day I
heard a prayer that probably says it best: Help us to see ourselves as we
are; help us to see ourselves as You see us, and help us to narrow that gap.
And it is at this time that we need to narrow that gap and call on that extra
strength provided by You. In Your Heavenly Name, we pray. Amen.
The following Members were recorded present:



The Chair
Abrams
Albright
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady



Carpenter
Clark
Clements
Cosgrove
Crotty
Dantzler
Davis
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Frankel



Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett



Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.



1



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








JOURNAL OF THE HOUSE OF REPRESENTATIVES



Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Lombard
Long
Mackenzie
Mackey



Martinez
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Reaves
Reddick



Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Shelley
Silver
Simon



Simone
Sindler
Smith
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Wallace
Webster
Wetherell
Wise
Young



Excused: Representative Martin, due to illness; Representative Arnall,
to attend daughter's graduation; Representative Troxler, due to birth of a
child; Representative Crady, for daughter's wedding; Representative
Logan, due to family emergency; Representative Flagg, after 6:00 p.m.;
Representative Guber, after 12:00 noon; Representatives Holzendorf,
Deutsch and Graber.
A quorum was present.

Pledge
The Members pledged allegiance to the Flag.

House Physicians
The Speaker announced that Representatives D. L. Jones, Thomas and
Campbell were serving as doctors of the day.

The Journal
The Journal of June 2, 1989 Regular Session, was corrected and, as
corrected, was approved.

Introduction and Reference
First Reading by Publication

By Representatives Canady, Silver, L. Diaz-Balart, Renke, McEwan,
Patchett-
HB 1-A-A bill to be entitled An act relating to drivers' licenses;
creating s. 322.2615, F.S.; authorizing law enforcement officers to
immediately suspend the driving privilege of a person arrested for specified
DUI offenses; providing for confiscation of the driver's license and issuance
of a temporary driving permit and a suspension notice; providing for
submission of the officer's report to the Department of Highway Safety and
Motor Vehicles and review of the suspension by the department; providing
informal and formal procedures for conducting the review and requiring
notification of the department's decision; authorizing the department to
issue notice of suspension and temporary driving permits in certain
circumstances; providing for specified ineligibility of a license as to which
suspension was sustained; providing scope of review; providing for
appellate review; providing rulemaking authority and exemption from ch.
120, F.S.; prohibiting the consideration of a suspension in criminal
proceedings; amending s. 322.271, F.S.; expanding restrictions on issuance
of driving permits for business or employment use; amending s. 322.28,
F.S.; providing prohibitions on stay of suspension; amending s. 322.282,
F.S.; correcting a cross reference; amending s. 322.12, F.S.; providing an
additional reinstatement fee; repealing s. 322.261, F.S., relating to driver's
license suspension for refusal to submit to breath, blood, or urine test for
impairment; providing for act to be read in pari material with acts passed
during the regular session; providing effective dates.
Filed.

By Representative Glickman-
HB 2-A-A bill to be entitled An act relating to crime victim
compensation; amending s. 960.03, F.S.; revising definitions for purposes
of eligibility under the "Florida Crimes Compensation Act"; amending s.
960.04, F.S.; expanding award eligibility; amending s. 960.07, F.S.;
increasing the time period extension for filing claims for compensation



which the division is authorized to allow for cause; providing an effective
date.
Filed.

By Representatives McEwan, Clements-
HB 3-A-A bill to be entitled An act relating to driver's licenses;
creating s. 322.056, F.S.; providing for the mandatory revocation or
suspension of, or delay of eligibility for, driver's licenses, for persons under
21 years of age found guilty of certain alcohol or drug offenses; amending
s. 562.11, F.S.; providing for applicability of the provisions of s. 322.056,
F.S., to persons convicted of misrepresenting or misstating their age or the
age of any other person for the purpose of inducing any alcoholic beverage
licensee or his agents or employees to sell, give, serve, or deliver any
alcoholic beverages to a person under 21 years of age; amending s. 562.111,
F.S.; providing for applicability of the provisions of s. 322.056, F.S., to
persons under 21 years of age who are convicted of possession of alcoholic
beverages; amending s. 316.655, F.S.; relating to penalties for minors who
have violated terms of sentence imposed for a conviction of a criminal
traffic offense; providing an effective date.
Filed.

By Representative Valdes-
HB 4-A-A bill to be entitled An act relating to controlled substances;
amending s. 893.13, F.S.; providing that persons operating or in charge of
facilities in which controlled substances are unlawfully manufactured shall
be sentenced to a mandatory term of 15 years for a first conviction and life
imprisonment for a second conviction; providing an effective date.
Filed.

By Representative Valdes-
HB 5-A-A bill to be entitled An act relating to drug abuse prevention
and control; amending s. 893.13, F.S.; prescribing a minimum term of
imprisonment for persons who sell, purchase, manufacture, or deliver a
controlled substance as defined in s. 893.03(1)(a), (b), (d), (2)(a), (b), F.S.,
within 1,000 feet of a school or who possess such controlled substance with
intent to commit such actions; providing that such persons are not eligible
for parole or statutory gain-time; providing that persons performing such
activities with any other controlled substance must be fined $500 and must
serve 100 hours of public service in addition to any other penalty; providing
for act to be read in pari material with acts passed during the regular
session; providing an effective date.
Filed.

By Representative Hafner-
HB 6-A-A bill to be entitled An act relating to crimes compensation;
amending s. 960.04, F.S.; adding persons eligible for awards; amending s.
960.07, F.S.; extending the time for filing claims for compensation in
certain circumstances; amending s. 960.13, F.S.; increasing the basis and
the ceiling amount for awards of compensation; providing an effective date.
Filed.

By Representative Hawkins-
HB 7-A-A bill to be entitled An act relating to ad valorem taxation;
creating s. 192.039, F.S.; providing for assessment and taxation of certain
real property based on a fractional-year assessment roll; amending s.
193.052, F.S.; providing for filing of returns with respect to such property;
requiring certain units of local government and lending institutions to
provide notice with respect thereto; providing an effective date.
Filed.

By Representative L. Diaz-Balart-
'HB 8-A-A bill to be entitled An act relating to victim assistance;
amending s. 960.03, F.S.; amending the definition of "crime" for purposes



of the Florida Crimes Compensation Act to include hit and run accidents
involving death and personal injury; providing an effective date.



2



June 3, 1989









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Filed.

By Representatives Jamerson, Rojas, Holland, Rehm-
HB 9-A-A bill to be entitled An act relating to the correctional system;
amending s. 947.005, F.S.; adding a definition; creating s. 947.146, F.S.;
creating the Control Release Authority and providing for membership,
purpose, and powers and duties; providing criteria and eligibility for
control release; providing for access of records; providing for terms and
conditions of control release, and for revocation; amending s. 921.001, F.S.;
authorizing control release and requiring acceptance of terms; amending
s. 944.17, F.S.; expanding provisions relating to documents required upon
commitment or transfer into the state correctional system; amending s.
944.277, F.S.; changing the threshold for the award of provisions; credits;
amending s. 954.30, F.S.; providing for cost of supervision payments by
inmates under control release, provisional release supervision; amending
s. 948.06, F.S.; providing for forfeiture of accumulated gain-time upon
revocation of control release; reenacting ss. 944.598 and 948.06, F.S.;
amending s. 775.089, F.S.; authorizing courts to order the department to
collect and dispense court-ordered payments; creating s. 945.31, F.S.;
requiring the department to collect and dispense such payments and
providing for a processing fee; creating s. 945.32, F.S.; creating the Court-
Ordered Payment Trust Fund; providing definitions; requiring the
Department of Corrections to solicit proposals from private vendors to
construct or construct and operate a single-cell prototype institution or a
state correctional facility; providing bid requirements for private vendors;
providing requirements for performance; requiring a bidder to provide an
insurance plan; providing for the review of such plans; providing contract
requirements for indemnification to the state by a private vendor;
providing standards of operation of a private correctional facility; requiring
private correctional officers to be certified as having met certain
qualifications; providing that inmates incarcerated at a private
correctional facility remain in the legal custody of the department;
requiring a plan be provided for termination of a contract for the operation
of a private correctional facility; authorizing the department to terminate
a contract with cause; prohibiting certain conflicts of interest by state
employees and a private vendor and its employees; authorizing the
department to withdraw its request for proposals for the construction,
lease, or operation of a private correctional facility; requiring the
department to adopt rules; requiring the department to appoint a contract
monitor; requiring a private vendor to employ a monitor; requiring reports
by such monitor; requiring the Auditor General to make certain reports;
amending s. 944.105, F.S.; providing circumstances under which a private
correctional officer may use nondeadly force and deadly force; providing
additional requirements for the training of private correctional officers and
employees at a private correctional facility; amending s. 946.007, F.S.;
providing correctional work program objectives; amending s. 946.009, F.S.;
providing priority assignment of inmates; amending s. 946.502, F.S.;
providing legislative intent; amending s. 946.511, F.S.; providing policies
and procedures; amending s. 946.516, F.S.; providing for a report;
amending s. 946.501, F.S.; revising priority of purposes of a correctional
work program; amending s. 944.704, F.S.; providing for coordination of
inmate vocational assignments with the Correctional Education School
Authority; requiring photo identification cards for inmates participating
in transition assistance programs; amending s. 944.705, F.S.; specifying
mandatory pre-release orientation; amending s. 944.707, F.S.; providing for
job placement information at release orientation; amending s. 110.205,
F.S.; providing for an exemption from career service for officers and
employees of the authority and for the setting of salaries, and reenacting
s. 121.35(2)(a), F.S., relating to optional retirement program participation,
to incorporate said amendment in references; amending s. 447.203, F.S.;
defining the Board of Correctional Education as a public employer for
officers and employees of the authority; amending s. 948.01, F.S.; providing
for immediate supervision of certain offenders placed on probation or into
community control, by qualified officers; amending s. 948.03, F.S.;
providing for contracting with local law enforcement and requiring
investigation procedures and 24-hour-per-day monitoring of offenders
being electronically monitored; amending s. 948.06, F.S.; allowing certain
law enforcement officers to arrest violators of probation or community
control in certain situations; amending ss. 394.455 and 943.10, F.S.; revising



definitions; amending s. 39.411, F.S.; providing for confidentiality of
information; amending s. 943.19, F.S.; exempting certain correctional



probation officer from certain employment qualifications; reenacting ss.
117.10, 121.021(38), 784.07(1)(a), 843.01, and 843.02, F.S., relating to
correctional officers, 921.187(1)(a) and 947.23(6), F.S., relating to
probation and community control, to incorporate said amendments in
references thereto; providing technical amendments; amending s. 947.13,
F.S.; providing additional duties; amending s. 947.23, F.S.; providing for
preliminary and final parole revocation hearings and authorizing limitation
on testimony, and reenacting ss. 944.598(5), F.S., relating to emergency
release of prisoners, and 948.06(5), F.S., relating to violation of probation,
to incorporate said amendments in references; expanding the role of the
Crime Prevention and Law Enforcement Study Commission; the Special
Correctional District Task Force; providing for membership and duties;
requiring a report; providing for repeal of the task force; providing a special
session disclaimer; providing effective dates.
On motion by Rep. Lippman, the rules were waived to permit the
introduction of a bill relating to the correctional system. Subsequently, HB
9-A was referred to the Committee on Rules & Calendar.

Recessed
On motion by Rep. Lippman the House recessed at 11:35 p.m. to
reconvene at 1:30 p.m. today or upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 1:55 p.m.
A quorum was present.

Messages from the Senate

The Honorable Tom Gustafson, Speaker
I am directed to inform the House of Representatives that the Senate has
passed SBs 1-A, 2-A, 3-A, 4-A and 5-A and requests the concurrence of the
House.
Joe Brown, Secretary

By Senators Beard and Kiser-
SB 1-A-A bill to be entitled An act relating to the turnpike system;
amending s. 338.221, F.S.; revising definitions of terms used in ss. 338.22-
338.244, F.S.; amending s. 338.222, F.S.; authorizing the Department of
Transportation to contract with governmental entities for the design,
right-of-way acquisition, or construction of approved turnpike projects;
amending s. 338.223, F.S.; prohibiting turnpike projects unless determined
economically feasible; requiring turnpike projects to meet certain criteria
to be included in the 5-year plan; amending s. 338.227, F.S.; providing
legislative approval for specified turnpike projects under certain
conditions; creating s. 338.2275, F.S.; directing the Administration
Commission to determine the turnpike bonding capacity of the turnpike
system and to perform an economic feasibility study of certain projects;
providing for approval of certain projects; amending s. 338.231, F.S.;
providing for setting toll rates; providing conditions pursuant to which the
department would no longer be authorized to pay debt service of the
Sawgrass Expressway; amending s. 338.234, F.S.; authorizing the sale of
lottery tickets along the turnpike system; creating s. 338.250, F.S.;
"providing requirements and procedures for environmental mitigation of
the Central Florida Beltway; providing for funding of such mitigation;
providing for land acquisition agents and procedures; amending s. 338.251,
F.S.; providing for repayment of advances from the Toll Facilities
Revolving Trust Fund; prohibiting agencies from intimidating or
improperly influencing the decisions of the Division of Bond Finance;
requiring agencies to provide the division the information it requires to
make decisions; providing for bond finance decisions by the
Administration Commission; providing for act to be read in pari material
with acts passed during the regular session; providing an effective date.
-was read the first time by title and referred to the Committee on Rules
& Calendar.

By Senators Meek and Kiser-



SB 2-A-A bill to be entitled An act relating to growth management;
creating s. 163.3179, F.S.; providing for urban service areas in local



June 3, 1989



3








4 JOURNAL OF THE HOUSE

government comprehensive plans; requiring the state land planning agency
to establish guidelines for such areas by rule; providing criteria; providing
intent with respect thereto; amending s. 163.3161, F.S.; providing
legislative intent with respect to the Local Government Comprehensive
Planning and Land Development Regulation Act; amending s. 163.3164,
F.S.; redefining "development"; amending s. 163.3167, F.S.; revising
provisions relating to sanctions against local governments that fail to
submit a proposed comprehensive plan by the date required; amending s.
163.3171, F.S.; providing that the state land planning agency may waive or
modify requirements for comprehensive plans or plan amendments, except
concurrency, for certain municipalities, and providing requirements with
respect thereto; amending s. 163.3174, F.S.; providing duties of the local
planning agencies regarding comprehensive plan amendments; amending
s. 163.3177, F.S., relating to required and optional elements of
comprehensive plans; revising requirements relating to coordination of
plans; revising requirements relating to the capital improvements element,
mass transit element, and parking element; providing requirements for a
transportation system element; providing requirements for a plan element
for infill development and redevelopment; amending s. 163.3184, F.S.,
relating to the process for adoption of comprehensive plans and
amendments thereto; revising requirements and time periods relating to
intergovernmental review, local government review of comments and
adoption of plan or amendments and transmittal to specified agencies,
imposition of sanctions, review by the state and regional planning agencies,
and hearings regarding determination of compliance; providing procedures
and duties of the Administration Commission, the local government, and
the state land planning agency when a recommended order is to find a plan
in compliance or not in compliance; authorizing compliance agreements
between the state land planning agency and local governments and
providing requirements regarding remedial actions and plan amendments;
providing effect on administrative proceedings; amending s. 163.3187, F.S.;
revising requirements relating to comprehensive plan amendments that
may be approved without regard to limits on the frequency of such
amendments; providing for an annual report; providing that amendments
required by a compliance agreement may be approved without regard to
such limits; amending s. 163.3191, F.S.; providing a time period for
evaluation of initial comprehensive plans; amending s. 163.3202, F.S.;
changing the time for adoption of land development regulations; providing
additional requirements relating to land development regulations; making
retroactive the application of deadlines for adopting local land
development regulations and continuing certain pending actions; creating
s. 163.3216, F.S.; authorizing local governments to adopt sector plans as
amendments to comprehensive plans; providing requirements for
preparation, adoption, and amendment thereof; providing for fees;
providing for contents; providing for review; providing for rules; providing
for appeals; authorizing the state land planning agency to carry out sector
planning demonstration projects; requiring a report; providing for repeal;
creating s. 186.009, F.S.; providing for legislative review of the state
comprehensive plan; requiring the Executive Office of the Governor to
report to the Legislature and prepare a Strategic Growth Management
Implementation Plan; providing for adoption of the plan by rule; providing
requirements for the plan; providing for consistency of certain state agency
rules and expenditures; creating s. 339.178, F.S.; requiring the Department
of Transportation to adopt rules establishing financially feasible level-of-
service standards for roads on the State Highway System; providing
requirements for such rules; providing for notice and public hearings;
providing procedures for challenging rules establishing or modifying such
level-of-service standards; requiring the Florida Transportation
Commission to study the classification of roads on the State Highway
System; requiring a report; creating s. 163.709, F.S.; directing the Advisory
Council on Intergovernmental Relations to conduct an annual assessment
of local government funding and publish an index of average taxpayer
burden in each local jurisdiction; amending s. 335.182, F.S.; requiring
permits for connections to roads on the State Highway System from both
the Department of Transportation and any other permitting authority;
amending s. 335.1825, F.S.; revising requirements relating to such permits;
providing for permit conditions; providing for denial by the department



under certain conditions and for related local government action; providing
for expiration; providing for closing of unpermitted connections; repealing
s. 335.185, F.S., relating to permit conditions and expiration; amending s.
335.187, F.S., to conform; amending s. 335.188, F.S.; revising criteria for
assignment of a road segment to a specific access category; amending s.



It



E OF REPRESENTATIVES June 3, 1989

335.189, F.S.; providing procedures and requirements for the department
to grant access permitting authority to certain other governmental entities;
providing conditions under which the department may invalidate a permit
issued by such entity; creating s. 163.3203, F.S.; creating the Florida Impact
Fee Law; providing for the assessment and payment of impact fees;
providing requirements with respect thereto; requiring governmental
entities to provide certain impact fee credits; creating s. 192.039, F.S.;
providing for property and structures or improvements to real property
that are substantially completed prior to January 1 of the current year to
be listed on a fractional-year assessment roll by the property appraiser and
assessed a prorated ad valorem tax; providing notice requirements;
providing for certain exemptions; amending s. 193.052, F.S.; providing for
filing returns for taxes on such property; requiring local governments and
lending institutions to give notice of provisions relating to the filing of
returns for property listed on a fractional-year assessment roll; amending
s. 212.055, F.S.; providing for the levy of a discretionary sales surtax
pursuant to an extraordinary vote of the county governing authority or
pursuant to referendum; providing notice requirements; authorizing
certain municipalities to levy a local government surtax pursuant to
referendum; amending s. 212.67, F.S.; renaming the Voted Gas Tax Trust
Fund as the County Gas Tax Trust Fund; amending s. 336.021, F.S.;
authorizing counties to impose a gas tax on fuel for county transportation
purposes pursuant to ordinance rather than referendum; providing for act
to be read in pari material with acts passed during the regular session;
providing effective dates.
-was read the first time by title and referred to the Committee on Rules
& Calendar.

By Senator Beard-
SB 3-A-A bill to be entitled An act relating to eminent domain;
amending ss. 73.091, 73.092, F.S.; specifying the meaning of the term
"benefits resulting to the client from the services rendered" for purposes
of assessing attorney's fees in eminent domain proceedings; providing for
the confidentiality of financial records; providing limitations on the
amount of attorney's fees to be awarded; requiring the reduction of the
amount of attorney's fee paid by the defendant in certain circumstances;
providing for applicability; providing for act to be read in pari material with
acts passed during the regular session; providing an effective date.
-was read the first time by title and referred to the Committee on Rules
& Calendar.

By Senators Langley and Weinstein-
SB 4-A-A bill to be entitled An act relating to drug abuse prevention
and control; amending s. 893.13, F.S.; prescribing a minimum term of
imprisonment for persons who sell, purchase, manufacture, or deliver a
controlled substance as defined in s. 893.03(1)(a), (b), (d), (2)(a), (b), F.S.,
within 1,000 feet of a school or who possess such controlled substance with
intent to commit such actions; providing that such persons are not eligible
for parole or statutory gain-time; providing that persons performing such
activities with any other controlled substance must be fined $500 and must
serve 100 hours of public service in addition to any other penalty; providing
for act to be read in pari material with acts passed during the regular
session; providing an effective date.
-was read the first time by title and referred to the Committee on Rules
& Calendar.

By Senator Langley-
SB 5-A-A bill to be entitled An act relating to drivers' licenses;
creating s. 322.2615, F.S.; authorizing law enforcement officers to
immediately suspend the driving privilege of a person arrested for specified
DUI offenses; providing for confiscation of the driver's license and issuance
of a temporary driving permit and a suspension notice; providing for
submission of the officer's report to the Department of Highway Safety and
Motor Vehicles and review of the suspension by the department; providing
informal and formal procedures for conducting the review and requiring



notification of the department's decision; authorizing the department to
issue notice of suspension and temporary driving permits in certain
circumstances; providing for specified ineligibility of a license as to which
suspension was sustained; providing scope of review; providing for
appellate review; providing rulemaking authority and exemption from ch.









JOURNAL OF THE HOUSE OF REPRESENTATIVES



120, F.S.; prohibiting the consideration of a suspension in criminal
proceedings; amending s. 322.271, F.S.; expanding restrictions on issuance
of driving permits for business or employment use; amending s. 322.28,
F.S.; providing prohibitions on stay of suspension; amending s. 322.282,
F.S.; correcting a cross reference; amending s. 322.12, F.S.; providing an
additional reinstatement fee; repealing s. 322.261, F.S., relating to driver's
license suspension for refusal to submit to breath, blood, or urine test for
impairment; providing for act to be read in pari material with acts passed
during the regular session; providing effective dates.
-was read the first time by title and referred to the Committee on Rules
& Calendar.
On motion by Rep. Lippman, Chairman, without objection, the rules
were waived and the Committee on Rules & Calendar was given permission
to meet at 4:00 p.m. today.

Recessed
On motion by Rep. Lippman the House recessed at 2:05 p.m. to
reconvene at 5:30 p.m. today or upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 6:31 p.m.
A quorum was present.

Consideration of HB 9-A

HB 9-A-A bill to be entitled An act relating to the correctional system;
amending s. 947.005, F.S.; adding a definition; creating s. 947.146, F.S.;
creating the Control Release Authority and providing for membership,
purpose, and powers and duties; providing criteria and eligibility for
control release; providing for access of records; providing for terms and
conditions of control release, and for revocation; amending s. 921.001, F.S.;
"authorizing control release and requiring acceptance of terms; amending
s. 944.17, F.S.; expanding provisions relating to documents required upon
commitment or transfer into the state correctional system; amending s.
944.277, F.S.; changing the threshold for the award of provisions; credits;
amending s. 954.30, F.S.; providing for cost of supervision payments by
inmates under control release, provisional release supervision; amending
s. 948.06, F.S.; providing for forfeiture of accumulated gain-time upon
revocation of control release; reenacting ss. 944.598 and 948.06, F.S.;
amending s. 775.089, F.S.; authorizing courts to order the department to
collect and dispense court-ordered payments; creating s. 945.31, F.S.;
requiring the department to collect and dispense such payments and
providing for a processing fee; creating s. 945.32, F.S.; creating the Court-
Ordered Payment Trust Fund; providing definitions; requiring the
Department of Corrections to solicit proposals from private vendors to
construct or construct and operate a single-cell prototype institution or a
state correctional facility; providing bid requirements for private vendors;
providing requirements for performance; requiring a bidder to provide an
insurance plan; providing for the review of such plans; providing contract
requirements for indemnification to the state by a private vendor;
providing standards of operation of a private correctional facility; requiring
private correctional officers to be certified as having met certain
qualifications; providing that inmates incarcerated at a private
correctional facility remain in the legal custody of the department;
requiring a plan be provided for termination of a contract for the operation
of a private correctional facility; authorizing the department to terminate
a contract with cause; prohibiting certain conflicts of interest by state
employees and a private vendor and its employees; authorizing the
department to withdraw its request for proposals for the construction,
lease, or operation of a private correctional facility; requiring the
department to adopt rules; requiring the department to appoint a contract
monitor; requiring a private vendor to employ a monitor; requiring reports
by such monitor; requiring the Auditor General to make certain reports;
amending s. 944.105, F.S.; providing circumstances under which a private
correctional officer may use nondeadly force and deadly force; providing
additional requirements for the training of private correctional officers and
employees at a private correctional facility; amending s. 946.007, F.S.;



providing correctional work program objectives; amending s. 946.009, F.S.;
providing priority assignment of inmates; amending s. 946.502, F.S.;



providing legislative intent; amending s. 946.511, F.S.; providing policies
and procedures; amending s. 946.516, F.S.; providing for a report;
amending s. 946.501, F.S.; revising priority of purposes of a correctional
work program; amending s. 944.704, F.S.; providing for coordination of
inmate vocational assignments with the Correctional Education School
Authority; requiring photo identification cards for inmates participating
in transition assistance programs; amending s. 944.705, F.S.; specifying
mandatory pre-release orientation; amending s. 944.707, F.S.; providing for
job placement information at release orientation; amending s. 110.205,
F.S.; providing for an exemption from career service for officers and
employees of the authority and for the setting of salaries, and reenacting
s. 121.35(2)(a), F.S., relating to optional retirement program participation,
to incorporate said amendment in references; amending s. 447.203, F.S.;
defining the Board of Correctional Education as a public employer for
officers and employees of the authority; amending s. 948.01, F.S.; providing
for immediate supervision of certain offenders placed on probation or into
community control, by qualified officers; amending s. 948.03, F.S.;
providing for contracting with local law enforcement and requiring
investigation procedures and 24-hour-per-day monitoring of offenders
being electronically monitored; amending s. 948.06, F.S.; allowing certain
law enforcement officers to arrest violators of probation or community
control in certain situations; amending ss. 394.455 and 943.10, F.S.; revising
definitions; amending s. 39.411, F.S.; providing for confidentiality of
information; amending s. 943.19, F.S.; exempting certain correctional
probation officer from certain employment qualifications; reenacting ss.
117.10, 121.021(38), 784.07(1)(a), 843.01, and 843.02, F.S., relating to
correctional officers, 921.187(1)(a) and 947.23(6), F.S., relating to
probation and community control, to incorporate said amendments in
references thereto; providing technical amendments; amending s. 947.13,
F.S.; providing additional duties; amending s. 947.23, F.S.; providing for
preliminary and final parole revocation hearings and authorizing limitation
on testimony, and reenacting ss. 944.598(5), F.S., relating to emergency
release of prisoners, and 948.06(5), F.S., relating to violation of probation,
to incorporate said amendments in references; expanding the role of the
Crime Prevention and Law Enforcement Study Commission; the Special
Correctional District Task Force; providing for membership and duties;
requiring a report; providing for repeal of the task force; providing a special
session disclaimer; providing effective dates.
-was taken up. On motion by Rep. Jamerson, the rules were waived by
two-thirds vote and the bill was read the second time by title.
The Committee on Rules & Calendar offered the following amendment:
Amendment 1-On page 1, line 17, strike "provisions;" and insert
"provisional"; on page 1, line 19, after "provisional" insert "release, and
conditional"; on page 4, line 20, strike "officer" and insert "officers"; on page
5, line 10, after the semicolon insert "amending s. 945.602, F.S.; increasing
the number of members of the governing board of the State of Florida
Correctional Medical Authority of the Department of Corrections; revising
qualifications for such members; providing staggered terms for the
members added; revising the quorum of the authority; deleting provisions
that have had their effect; repealing s. 945.603(15), F.S., relating to a
reporting requirement applicable to the authority which has expired;
requiring the authority to report to the Governor its recommendation
concerning the establishment of a nonprofit corporation to lease and
manage medical services for inmates of the department; amending s.
119.07, F.S.; exempting specified records of a medical review committee
from public records requirements; amending s. 941.45, F.S.; providing
technical amendments with respect to interstate agreements on
detainers;"; on page 12, line 13 strike "97" and insert "97.5 97; on page 13,
line 19 strike "945" and insert "945.30"; on page 15, line 12, after the comma
insert "or"; on page 24, lines 1-3, strike all of said lines, and insert "Section
13. Definitions.-As used with respect to private operation of state
correctional facilities, and section 944.105, Florida Statutes, the term:";
on page 31, lines 7-13, strike all of said lines, and insert: "1. The extent
to which the private vendor and the department have complied with the
terms of the contract and sections 13-22 of this act.
2. The wages and benefits that are provided to the staff of the private
correctional facility as compared to wages and benefits provided to
employees of the department performing comparable tasks."; on page 61,



lines 1-2, strike all of said lines, and insert "Section 49. Effective August
1, 1989, the Crime Prevention"; on page 61, lines 18-19, strike all of said



5



June 3, 1989









JOURNAL OF THE HOUSE OF REPRESENTATIVES



lines, and insert "creation, membership, duties, and staffing.-Effective
August 1, 1989,"; and on page 64, lines 6-7, strike all of said lines (renumber
subsequent section)
Rep. Jamerson moved the adoption of the amendment, which was
adopted.
On motion by Rep. Jamerson, the rules were waived by two-thirds vote
and HB 9-A, as amended, was read the third time by title. On passage, the
vote was:
Yeas-100



The Chair
Abrams
Albright
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Campbell
Canady
Carpenter
Clark
Clements
Cosgrove
Crotty
Dantzler
Davis
Diaz-Balart, L.
Drage
Figg
Frankel
Friedman
Frishe
Nays-3
Hargrett



Geller
Glickman
Goode
Gordon
Graham
Grindle
Gutman
Hafner
Hanson
Harden
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri



Martinez



Kelly
King
Langton
Lawson'
Lewis
Liberti
Lippman
Locke
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Reaves
Renke
Ritchie



Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Wallace
Webster
Wetherell
Wise
Young



Morse



Votes after roll call:
Yeas-Burke
So the bill passed, as amended, and was immediately certified to the
Senate after engrossment.
On motion by Rep. Lippman, the rules were waived and the following
bills were set as the Special Order Calendar for today: SBs 2-A, 4-A, 5-A
and 1-A.

SB 2-A-A bill to be entitled An act relating to growth management;
creating s. 163.3179, F.S.; providing for urban service areas in local
government comprehensive plans; requiring the state land planning agency
to establish guidelines for such areas by rule; providing criteria; providing
intent with respect thereto; amending s. 163.3161, F.S.; providing
legislative intent with respect to the Local Government Comprehensive
Planning and Land Development Regulation Act; amending s. 163.3164,
F.S.; redefining "development"; amending s. 163.3167, F.S.; revising
provisions relating to sanctions against local governments that fail to
submit a proposed comprehensive plan by the date required; amending s.
163.3171, F.S.; providing that the state land planning agency may waive or
modify requirements for comprehensive plans or plan amendments, except
concurrency, for certain municipalities, and providing requirements with
respect thereto; amending s. 163.3174, F.S.; providing duties of the local
planning agencies regarding comprehensive plan amendments; amending
s. 163.3177, F.S., relating to required and optional elements of
comprehensive plans; revising requirements relating to coordination of
plans; revising requirements relating to the capital improvements element,
mass transit element, and parking element; providing requirements for a
transportation system element; providing requirements for a plan element
for infill development and redevelopment; amending s. 163.3184, F.S.,
relating to the process for adoption of comprehensive plans and
amendments thereto; revising requirements and time periods relating to



intergovernmental review, local government review of comments and
adoption of plan or amendments and transmittal to specified agencies,
imposition of sanctions, review by the state and regional planning agencies,
and hearings regarding determination of compliance; providing procedures
and duties of the Administration Commission, the local government, and
the state land planning agency when a recommended order is to find a plan
in compliance or not in compliance; authorizing compliance agreements
between the state land planning agency and local governments and
providing requirements regarding remedial actions and plan amendments;
providing effect on administrative proceedings; amending s. 163.3187, F.S.;

revising requirements relating to comprehensive plan amendments that
may be approved without regard to limits on the frequency of such
amendments; providing for an annual report; providing that amendments
required by a compliance agreement may be approved without regard to
such limits; amending s. 163.3191, F.S.; providing a time period for
evaluation of initial comprehensive plans; amending s. 163.3202, F.S.;
changing the time for adoption of land development regulations; providing
additional requirements relating to land development regulations; making
retroactive the application of deadlines for adopting local land
development regulations and continuing certain pending actions; creating
s. 163.3216, F.S.; authorizing local governments to adopt sector plans as
amendments to comprehensive plans; providing requirements for
preparation, adoption, and amendment thereof; providing for fees;
providing for contents; providing for review; providing for rules; providing
for appeals; authorizing the state land planning agency to carry out sector
planning demonstration projects; requiring a report; providing for repeal;
creating s. 186.009, F.S.; providing for legislative review of the state
comprehensive plan; requiring the Executive Office of the Governor to
report to the Legislature and prepare a Strategic Growth Management
Implementation Plan; providing for adoption of the plan by rule; providing
requirements for the plan; providing for consistency of certain state agency
rules and expenditures; creating s. 339.178, F.S.; requiring the Department
of Transportation to adopt rules establishing financially feasible level-of-
service standards for roads on the State Highway System; providing
requirements for such rules; providing for notice and public hearings;
providing procedures for challenging rules establishing or modifying such
level-of-service standards; requiring the Florida Transportation
Commission to study the classification of roads on the State Highway
System; requiring a report; creating s. 163.709, F.S.; directing the Advisory
Council on Intergovernmental Relations to conduct an annual assessment
of local government funding and publish an index of average taxpayer
burden in each local jurisdiction; amending s. 335.182, F.S.; requiring
permits for connections to roads on the State Highway System from both
the Department of Transportation and any other permitting authority;
amending s. 335.1825, F.S.; revising requirements relating to such permits;
providing for permit conditions; providing for denial by the department
under certain conditions and for related local government action; providing
for expiration; providing for closing of unpermitted connections; repealing
s. 335.185, F.S., relating to permit conditions and expiration; amending s.
335.187, F.S., to conform; amending s. 335.188, F.S.; revising criteria for
assignment of a road segment to a specific access category; amending s.
335.189, F.S.; providing procedures and requirements for the department
to grant access permitting authority to certain other governmental entities;
providing conditions under which the department may invalidate a permit
issued by such entity; creating s. 163.3203, F.S.; creating the Florida Impact
Fee Law; providing for the assessment and payment of impact fees;
providing requirements with respect thereto; requiring governmental
entities to provide certain impact fee credits; creating s. 192.039, F.S.;
providing for property and structures or improvements to real property
that are substantially completed prior to January 1 of the current year to
be listed on a fractional-year assessment roll by the property appraiser and
assessed a prorated ad valorem tax; providing notice requirements;
providing for certain exemptions; amending s. 193.052, F.S.; providing for
filing returns for taxes on such property; requiring local governments and
lending institutions to give notice of provisions relating to the filing of
returns for property listed on a fractional-year assessment roll; amending
s. 212.055, F.S.; providing for the levy of a discretionary sales surtax
pursuant to an extraordinary vote of the county governing authority or
pursuant to referendum; providing notice requirements; authorizing
certain municipalities to levy a local government surtax pursuant to



referendum; amending s. 212.67, F.S.; renaming the Voted Gas Tax Trust
Fund as the County Gas Tax Trust Fund; amending s. 336.021, F.S.;



6



June 3, 1989








JOURNAL OF THE HOUSE]



authorizing counties to impose a gas tax on fuel for county transportation
purposes pursuant to ordinance rather than referendum; providing for act
to be read in pari material with acts passed during the regular session;
providing effective dates.
-was taken up. On motion by Rep. C. F. Jones, the rules were waived
by two-thirds vote and the bill was read the second time by title.
The Committee on Rules & Calendar offered the following amendment:
Amendment 1-On page 6, line 7, strike everything after the enacting
clause and insert:
Section 1. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, section 163.3179, Florida Statutes, is created to
read:
163.3179 Urban service areas.-
(1) In order to encourage more compact urban growth patterns,
discourage urban sprawl, ensure an efficient transition of undeveloped
land to developed land, facilitate the efficient provision of infrastructure
and services, and protect natural resources and environmentally sensitive
areas, local governments in their local government comprehensive plans
shall promote compact and mixed-use urban development within urban
service areas and discourage urban development incompatible with the
intent of this section. The state land planning agency shall establish, by
rule, guidelines and principles for the establishment and implementation
of urban service areas in local comprehensive plans. The guidelines and
principles shall be developed on the basis of a comprehensive urban
strategy, which strategy shall be included in the rule. The rule shall
include minimum criteria for:
(a) The establishment and implementation of urban service areas in
local government comprehensive plans.
(b) The provision of infrastructure and services within and outside
urban service areas.
(c) The application of urban service area requirements in a
differential manner between local governments of varying size and urban
character, including exemptions from the requirements, where
appropriate.
(2) The rule shall be consistent with the state comprehensive plan,
chapter 163, chapter 9J-5, Florida Administrative Code, and the
provisions of this section. A copy of the rule shall be submitted to the
President of the Senate and the Speaker of the House of Representatives
upon publication in the Florida Administrative Weekly. The rule shall
not take effect before December 1, 1990. Local governments shall not be
required to comply with the urban service area rule until the due date for
submittal of their first evaluation and appraisal report.
(3) It is the intent of the Legislature that state and regional agencies
shall adopt policies and programs which support and encourage the
establishment and implementation of urban service areas and that
government at all levels will provide regulatory incentives for
development inside urban service areas. Prior to or simultaneously with
the promulgation of the urban service area rule, the state land planning
agency shall submit recommendations to the Legislature concerning the
role of state and regional agencies in the establishment and
implementation of urban service areas and regulatory incentives for
development inside urban service areas.
(4) Nothing in this section is intended to modify, diminish or repeal
any authority of the department existing prior to the effective date of this
act.
Section 2. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, subsection (3) of section 163.3161, Florida Statutes,
is amended to read:
163.3161 Short title; intent and purpose.-
(3) It is the intent of this act that its adoption is necessary so that local
governments can preserve and enhance present advantages; encourage the
most appropriate use of land, water, and resources, consistent with the



public interest; direct development to those areas which have in place, or
have agreements to provide, the land and water resources, fiscal ability,
and the service capacity to accommodate growth in an environmentally



June 3, 1989



shall not be extended to a date later than July 1, 1991, or the time of re-
designation, whichever is earlier.
Section 5. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, subsection (4) is added to section 163.3171, Florida
Statutes, to read:



E OF REPRESENTATIVES 7

acceptable manner as set forth in the state comprehensive plan; overcome
present handicaps; and deal effectively with future problems that may
result from the use and development of land within their jurisdictions.
Through the process of comprehensive planning, it is intended that units
of local government can preserve, promote, protect, and improve the public
health, safety, comfort, good order, appearance, convenience, law
enforcement and fire prevention, and general welfare; provide for an
efficient transition of rural land to urban land; enhance the liveability,
character, and efficiency of urban areas through the encouragement of a
mix of living, working, shopping, and recreational activities; prevent-the
overcrowding of land and avoid undue concentration of population;
facilitate the adequate and efficient provision of transportation, water,
sewerage, schools, parks, recreational facilities, housing, and other
requirements and services; and conserve, develop, utilize, and protect
natural resources within their jurisdictions.
Section 3. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, subsection (5) of section 163.3164, Florida Statutes,
is amended to read:
163.3164 Definitions.-As used in this act:
(5) "Development" has the meaning given it in s. 380.04, except that
expansion of a road or of other infrastructure facilities within an existing
right-of-way shall be considered development for the purposes of this
part. The term "development" as used in this part shall not include the
provision of roads, utilities, or other infrastructure facilities servicing
development which has been specifically authorized within or in
conjunction with a development order.
Section 4. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, subsection (2) of section 163.3167, Florida Statutes,
is amended to read:
163.3167 Scope of act.-
(2) Each local government shall prepare a comprehensive plan of the
type and in the manner set out in this act or shall prepare amendments to
its existing comprehensive plan to conform it to the requirements of this
part in the manner set out in this part. Each local government, in
accordance with the procedures in s. 163.3184, shall submit its complete
proposed comprehensive plan or its complete comprehensive plan as
proposed to be amended to the state land planning agency by the date
specified in the rule adopted by the state land planning agency pursuant
to this subsection. The state land planning agency shall, prior to October
1, 1987, adopt a schedule of local governments required to submit complete
proposed comprehensive plans or comprehensive plans as proposed to be
amended. Such schedule shall specify the exact date of submission for each
local government, shall establish equal, staggered submission dates, and
shall be consistent with the following time periods:
(a) Beginning on July 1, 1988, and on or before July 1, 1990, each
county that is required to include a coastal management element in its
comprehensive plan and each municipality in such a county; and
(b) Beginning on July 1, 1989, and on or before July 1, 1991, all other
counties or municipalities.
Nothing herein shall preclude the state land planning agency from
permitting by rule a county together with each municipality in the county
from submitting a proposed comprehensive plan earlier than the dates
established in paragraphs (a) and (b). Any county or municipality that fails
to meet the schedule set for submission of its proposed comprehensive plan
by more than 30 90 days shall be subject to the sanctions described in s.
163.3184(11)(g)(a) imposed by the Administration Commission. Within 60
days after receipt of a notice of nonsubmission from the state land
planning agency, the Administration Commission shall enter a final order
concerning sanctions against the local government. Notwithstanding the
time periods established in this subsection, the state land planning agency
may establish later deadlines for the submission of proposed
comprehensive plans or comprehensive plans as proposed to be amended
for a county or municipality which has all or a part of a designated area
of critical state concern within its boundaries; however, such deadlines








JOURNAL OF THE HOUSE OF REPRESENTATIVES



163.3171 Areas of authority under this act.-
(4) By written agreement with the governing body, the state land
planning agency may waive or modify the content and format
requirements for comprehensive plans or plan amendments that must be
adopted under this part for any municipality the agency determines will
have a population of fewer than 5,000 permanent and temporary
residents in the year established for transmittal of the municipality's
proposed comprehensive plan or plan amendments pursuant to s.
163.3167(2). The circumstances the agency considers in determining
whether waiver or modification is appropriate for a municipality may
include, but shall not be limited to, recent growth rates in population or
land area; the extent to which it has vacant and developable land; its
prospects of or need for redevelopment; the extent to which public
services and facilities for its residents are supplied by other providers;
and its past performance in responsible plan implementation and the
adoption and enforcement of adequate land development regulations. An
agreement between the state land planning agency and a municipality
may not waive completely the format or content requirements for the
future land use plan element, the capital improvements element, or the
intergovernmental coordination element of the municipality's
comprehensive plan. In no event shall an agreement waive or modify the
concurrency requirements for infrastructure to be available when needed
by development pursuant to s. 163.3177(10)(h) and s. 163.3202(2)(g). The
governing body of the municipality must approve execution of an
agreement under this subsection by formal action at a public hearing,
with notice as defined in s. 163.3164(17), with the notice being placed in
the newspaper but not with the legal notices and classified ads. The state
land planning agency shall adopt rules providing for the periodic review
of agreements approved under this subsection to determine continuing
eligibility for waiver or modification of requirements and rules providing
time periods and procedures for the submission by the municipality of a
plan or plan amendments, as required under this part. This subsection
does not affect the procedure provided in this part for adoption or review
of such comprehensive plan or plan amendment. As part of the evaluation
and review process pursuant to s. 163.3191, the department shall review
the agreement executed pursuant to this subsection and determine
whether the agreement should be modified or voided using the criteria set
forth above. The decision of the state land planning agency to execute,
modify, or void an agreement pursuant to this subsection shall be final
agency action and shall be subject to challenge by an affected person, as
defined in s. 163.3184(1)(a).
Section 6. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, subsection (1) and paragraph (a) of subsection (4)
of section 163.3174, Florida Statutes, are amended to read:
163.3174 Local planning agency.-
(1) The governing body of each local government, individually or in
combination as provided in s. 163.3171, shall designate and by ordinance
establish a "local planning agency," unless the agency is otherwise
established by law. The governing body may designate itself as the local
planning agency pursuant to this subsection. The governing body shall
notify the state land planning agency of the establishment of its local
planning agency. The local planning agency shall prepare the
comprehensive plan or plan amendment after hearings to be held after due
public notice and shall make recommendations to the governing body
regarding the adoption of such plan or element, or portion thereof or
amendment thereto. The agency may be a local planning commission, the
planning department of the local government, or other instrumentality,
including a countywide planning entity established by special act or a
council of local government officials created pursuant to s. 163.02, provided
the composition of the council is fairly representative of all the governing
bodies in the county or planning area; however:
(a) If a joint planning entity is in existence on the effective date of this
act which authorizes the governing bodies to promulgate and enforce a land
use plan effective throughout the joint planning area, that entity shall be
the agency for those local governments until such time as the authority of
the joint planning entity is modified by law.
(b) In the case of chartered counties, the planning responsibility



between the county and the several municipalities therein shall be as
stipulated in the charter.



(4) The local planning agency shall have the general responsibility for
the conduct of the comprehensive planning program. Specifically, the local
planning agency shall:
(a) Be the agency responsible for the preparation of the comprehensive
plan or plan amendment and shall make recommendations to the
governing body regarding the adoption of such plan or element, or portion
thereof or amendment thereto. During the preparation of the plan or plan
amendment and prior to any recommendation to the governing body, the
local planning agency shall hold at least one public hearing, with due public
notice, on the proposed plan or element, or portion thereof or amendment
thereto. The governing body in cooperation with the local planning agency
may designate any agency, committee, department, or person to prepare
the comprehensive plan or any element thereof or amendment thereto, but
final recommendation of the adoption of such plan or plan amendment to
the governing body shall be the responsibility of the local planning agency.
Section 7. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, paragraph (b) of subsection (3), paragraph (a) of
subsection (4), and paragraphs (a) and (d) of subsection (7) of section
163.3177, Florida Statutes, are amended, paragraph (c) is added to
subsection (3) of said section, paragraph (j) is added to subsection (6) of
said section, present paragraph (k) of subsection (7) of said section is
redesignated as paragraph (1), and a new paragraph (k) is added to said
subsection, to read:
163.3177 Required and optional elements of comprehensive plan;
studies and surveys.-
(3)
(b) The capital improvements element shall be reviewed annually on
an annual basis and modified as necessary in accordance with s. 163.3187,
except that corrections,; update, and modifications concerning costs,,
revenue sources; and acceptance of facilities pursuant to dedications which
are consistent with the plan,i or a cumulative delay of no more than 6
months in the date of construction of any facility enumerated in the capital
improvements element may be accomplished by ordinance and shall not
be deemed to be amendments to the local comprehensive plan. All public
facilities shall be consistent with the capital improvements element.
(c) In issuing development orders and permits, a local government
may rely on the schedule for the first 3 years of the Department of
Transportation's adopted work program; however, those projects that are
relied upon for the issuance of development orders and permits shall be
included in the capital improvements element.
(4)(a) Coordination of the local comprehensive plan with the
comprehensive plans of adjacent municipalities, the county, adjacent
counties, or the region; with adopted rules pertaining to designated areas
of critical state concern; and with the state comprehensive plan shall be a
major objective of the local comprehensive planning process. To that end,
in the preparation of a comprehensive plan or element thereof, and in the
comprehensive plan or element as adopted, the governing body shall
include a specific policy statement indicating the relationship of the
proposed development of the area, including any need for mitigation of
extrajurisdictional impacts, to the comprehensive plans of adjacent
municipalities, the county, adjacent counties, or the region and to the state
comprehensive plan, as the case may require and as such adopted plans or
plans in preparation may exist.
(6) In addition to the requirements of subsections (1)-(5), the
comprehensive plan shall include the following elements:
(j) As of July 1, 1991, or by the due date of its next evaluation and
appraisal report required pursuant to s. 163.3191, whichever is later, any
local government which is required pursuant to paragraph (i) to prepare
a plan element pursuant to paragraphs (7)(a), (b), (c), and (d), or any
local government which chooses to do so, shall submit a plan amendment
to address such elements within a transportation system element which
is integrated with and includes the traffic circulation element required
within paragraph (b) and addresses the needs of the transportation
disadvantaged.



(7) The comprehensive plan may include the following additional
elements, or portions or phases thereof:



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June 3, 1989









JOURNAL OF THE HOUSE OF REPRESENTATIVES



(a) As a part of the circulation element of paragraph (6)(b) or as a
separate element, a mass-transit element showing proposed methods for
the moving of people, rights-of-way, terminals, related facilities, and fiscal
considerations for the accomplishment of the element. The mass transit
element must also identify existing and proposed transportation
corridors for mass transit as determined under s. 337.273 for which the
local government has entered into a corridor protection agreement with
the Department of Transportation.
(d) As a part of the circulation element of paragraph (6)(b) or as a
separate element, a plan element for the development of eff-treet parking
facilities, including onstreet parking, for motor vehicles and the fiscal
considerations for the accomplishment of the element.
(k) As part of the future land use element of paragraph (6)(a) or as
a separate element, a plan element for infill development and
redevelopment. This element should identify potential infill development
and redevelopment sites inside designated urban service areas and may
provide for a simplified and streamlined permit and development order
approval process for infill and redevelopment projects. Within said areas,
a local government may utilize special regulatory and economic
incentives to promote infill development and redevelopment.
Section 8. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, paragraph (a) of subsection (3), subsections (4), (7),
(8), and (11), paragraph (b) of subsection (9), and paragraph (a) of
subsection (10) of section 163.3184, Florida Statutes, are amended,
subsections (12), (13), (14), and (15) are renumbered as subsections (13),
(14), (15), and (16), respectively, and a new subsection (12) is added to said
section, to read:
163.3184 Process for adoption of comprehensive plan or amendment
thereto.-
(3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED
PLAN OR AMENDMENT.-
(a) Each local governing body shall, immediately following a public
hearing pursuant to subsection (16) (14), transmit 10 copies of the
complete proposed comprehensive plan or plan amendment to the state
land planning agency for written comment. The local governing body shall
also transmit a copy of the complete proposed comprehensive plan or plan
amendment to any other unit of local government or government agency
in the state that has filed a written request with the governing body for
such plan, element, or plan amendment.
(4) INTERGOVERNMENTAL REVIEW.-The state land planning
agency, upon receipt of a local government's complete proposed
comprehensive plan or plan amendment shall transmit, within 5 working
days after such receipt, a copy of the plan or plan amendment to various
government agencies, as appropriate, for response or comment, including,
but not limited to, the Department of Environmental Regulation, the
Department of Natural Resources, the Department of Transportation, the
water management district, and the regional planning council, and, in the
case of municipal plans, to the county land planning agency. If the
complete proposed comprehensive plan or plan amendment of a local
government is submitted after its scheduled submittal date, the state land
planning agency shall transmit the copy of the plan or plan amendment
to various government agencies, as appropriate, within the first 5 working
days of the month following the month in which the state land planning
agency receives the plan or plan amendment. The governmental agencies
shall provide comments to the state land planning agency and to the local
government within 45 days after receipt of the plan or plan amendments.
The appropriate regional planning council shall also provide its written
comments to the state land planning agency within 45 days after receipt
of the plan or plan amendments and shall specify any objections,
recommendations for modifications, and comments of any other regional
agencies to which the regional planning council may have referred the plan.
(7) LOCAL GOVERNMENT REVIEW OF COMMENTS;
ADOPTION OF PLAN OR AMENDMENTS AND TRANSMITTAL.-
The local government shall review the written comments submitted to it
by the state land planning agency, and any other person, agency, or



government. Any comments, recommendations, or objections and any
reply thereto shall be public documents, a part of the permanent record in
the matter, and admissible in any proceeding in which the comprehensive



plan or plan amendment may be at issue. The local government, upon
receipt of written comments from the state land planning agency, shall
have 120 60 days to adopt or adopt with changes the proposed
comprehensive plan or s. 163.3191 plan amendments. In the case of
comprehensive plan amendments other than those proposed pursuant to
s. 163.3191, the local government shall have 120 60 days to adopt the
amendment, adopt the amendment with changes, or determine that it will
not adopt the amendment. The adoption of the proposed plan or plan
amendment or the determination not to adopt a plan amendment, other
than a plan amendment proposed pursuant to s. 163.3191, shall be made
in the course of a public hearing pursuant to subsection (16) (-4. The local
government shall transmit 5 copies of the adopted comprehensive plan or,
in the case of plan amendments, 5 copies of the element amended and the
text of the amendment to the state land planning agency within 10 5
working days after adoption. The local governing body shall also transmit
a copy of the adopted comprehensive plan or plan amendment to the
regional planning agency or to any other unit of local government or
governmental agency in the state that has filed a written request with the
governing body for a copy of such plan, element, or plan amendment. Any
local government that fails to adopt or adopt with changes the proposed
comprehensive plan within the required 120 days after receipt of written
comments from the state land planning agency shall be subject to the
sanctions described in subsection (11) and imposed by the Administration
Commission.
(8) NOTICE OF INTENT.-
(a) The state land planning agency, upon receipt of a local
government's adopted comprehensive plan or plan amendment, shall have
60 45 days for review and to determine if the plan or plan amendment is
in compliance with this act. The regional planning agency, upon receipt
of the adopted plan or plan amendment, shall have 45 days to review the
plan or plan amendment, to determine whether it is consistent with the
appropriate comprehensive regional policy plan, and to notify the state
land planning agency of its determination. The regional planning
agency's determination shall be based upon its written comments
pursuant to subsections (4) and (5) and any changes to the plan or plan
amendment as adopted. The state land planning agency may not find a
local plan to be not in compliance unless the state land planning agency
has participated in the public hearing pursuant to subsection (7) if
requested to do so by the applicable local government. The agency's
determination of compliance shall be only based upon oneor -both-of the
following:
1. The state land planning agency's written comments to the local
government pursuant to subsection (6); or and
2. Any changes made by the local government to the comprehensive
plan or plan amendment as adopted.
(b) During the 60-day 45-day period provided for in this subsection,
the state land planning agency shall issue, through a senior administrator
other than the secretary, as specified in the agency's procedural rules, a
notice of intent to find that the local action is in compliance or not in
compliance. A notice of intent shall be issued by publication of notice in
the manner required by paragraph (16)(6)(c) and by mailing a copy to the
local government and to persons who request notice. Notwithstanding the
content requirements of paragraph (16)(4t)(c), the content of the notice
shall be sufficient to inform the public of the action taken.
(9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN
COMPLIANCE.-
(b) The hearing shall be conducted by a hearing officer of the Division
of Administrative Hearings of the Department of Administration, who
shall hold the hearing in the county of and convenient to the affected local
jurisdiction and submit a recommended order to the state land planning
agency. The state land planning agency shall allow 10 days for the filing
of exceptions to the recommended order and shall issue a final order within
30 days after receipt of the recommended order if the state land planning
agency determines that the plan is in compliance. If the state land planning
agency determines that the plan or plan amendment is not in compliance,
the agency shall submit, within 30 days after receipt, the recommended
order to the Administration Commission for final agency action.



(10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
COMPLIANCE.-



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10 JOURNAL OF THE HOUSE

(a) If the state land planning agency issues a notice of intent to find the
comprehensive plan or plan amendment not in compliance with this act,
the notice of intent shall be forwarded to the Division of Administrative
Hearings of the Department of Administration, which shall conduct a
proceeding under s. 120.57 in the county of and convenient to the affected
local jurisdiction. The parties to the proceeding shall be the state land
planning agency, the affected local government, and any affected person
who intervenes. In the proceeding, the local government's determination
that the comprehensive plan or plan amendment is in compliance is
presumed to be correct. The local government's determination shall be
sustained unless it is shown by a preponderance of the evidence that the
comprehensive plan or plan amendment is not in compliance. The local
government's determination that elements of its plans are related to and
consistent with each other shall be sustained if the determination is fairly
debatable.
(11) ADMINISTRATION COMMISSION.
(a) If the recommended order is to find the comprehensive plan or
plan amendment in compliance, the Administration Commission shall
issue a final order pursuant to paragraph (g).
(b) If the recommended order is to find the plan or plan amendment
not in compliance, the recommended order shall specify the remedial
actions which would bring the plan or plan amendment into compliance.
The recommended order shall also recommend the type and amount of
funds and grants that should be withheld from local government pursuant
to paragraphs (g) and (h) and the extent to which other sanctions in
paragraph (h) shall be applied. The recommended order shall also
recommend the extent to which the issuance of local development orders
and permits should be prohibited. Recommendations regarding sanctions
shall reasonably relate to the provisions of the plan or plan amendment
found inconsistent with this part and shall take into account the nature
and extent of the inconsistency. The recommendations concerning the
nature and extent of the sanctions are advisory and shall not limit the
Administration Commission's discretion.
(c) The local government shall, within 45 days after the receipt of the
recommended order, complete the remedial actions and transmit five
copies of any adopted plan amendments and other specified documents
to the state land planning agency.
(d) A local government may adopt a plan amendment pursuant to a
recommended order in accordance with the requirements of paragraph
(16)(a). The plan amendment shall be exempt from the requirements of
subsections (2)-(7). The local government shall hold a single adoption
public hearing pursuant to the requirements of subparagraph (16)(b)2.
and paragraph (16)(c).
(e) The state land planning agency shall, within 45 days after receipt
of the adopted plan amendments and other specified documents
submitted pursuant to paragraph (c), review the plan amendments and
other documents, determine if the local government has completed the
remedial actions specified in the recommended order, and notify the
Administration Commission of its determination.
(f) If the local government fails to transmit the copies of any adopted
plan amendments to the state land planning agency within 45 days after
receipt of the recommended order, the state land planning agency shall
notify the Administration Commission.
(g)(a) The Administration Commission shall issue a final order to find
the comprehensive plan or plan amendment in compliance or not in
compliance. If the Administration Commission, upon a hearing pursuant
to subsction (9) or subso tion (10), finds that the comprehensive plan or
plan amendment is not in compliance withthis acet, the commission shall
specify remedial actions which would bring the comprehensive plan or plan
amendment into compliance. The commission may prohibit the issuance
of development orders and permits by the local government which are
reasonably related to the provisions of the plan or plan amendment found
inconsistent with this part and may direct state agencies not to provide
funds to increase the capacity of roads, bridges, or water and sewer systems



within the boundaries of those local governmental entities which have
comprehensive plans or plan elements that are determined not to be in
compliance. The commission order may also specify that the local
government shall not be eligible for grants administered under the
following programs:



1]



notice of intent upon the complete comprehensive plan submitted
pursuant to s. 163.3167 in accordance with subsection (8). The agency's
determination of compliance shall be based upon the provisions of the
compliance agreement and actions which the local government agreed to
take.



E OF REPRESENTATIVES June 3, 1989

1. The Florida Small Cities Community Development Block Grant
Program, as authorized by ss. 290.0401-290.049.
2. The Florida Recreation Development Assistance Program, as
authorized by chapter 375.
3. Revenue sharing pursuant to ss. 206.60, 210.20, and 218.61 and part
I of chapter 212, to the extent not pledged to pay back bonds.
(h)(b} If the local government is one which is required to include a
coastal management element in its comprehensive plan pursuant to s.
163.3177(6)(g), the commission order may also specify that the local
government is not eligible for funding pursuant to s. 161.091. The
commission order may also specify that the fact that the coastal
management element has been determined to be not in compliance shall
be a consideration when the Department of Natural Resources considers
permits under s. 161.053 and when the Board of Trustees of the Internal
Improvement Trust Fund considers whether to sell, convey any interest in,
or lease any sovereignty lands or submerged lands until the element is
brought into compliance.
(i) If the Administration Commission finds that a local government
has failed to submit a proposed plan within 30 days of the due date
established pursuant to s. 163.3167(2) or an adopted plan within 30 days
of the due date pursuant to subsection (7), the commission shall by final
order impose the sanctions described in paragraphs (g) and (h) except to
the extent that imposition of such sanctions would have a direct and
adverse impact on another local government.
(12) COMPLIANCE AGREEMENTS.-
(a) At any time following the issuance of a notice of intent to find a
comprehensive plan not in compliance with this part, the state land
planning agency and the local government may enter into a compliance
agreement. The compliance agreement must list each portion of the plan
which is not in compliance, must specify remedial actions which the local
government must complete within a specified time period in order to
bring the plan into compliance, including transmittal and adoption of all
necessary plan amendments, and may establish conditions under which
the local government may issue development orders and permits until the
state land planning agency determines that the comprehensive plan is in
compliance with this part. All remedial actions shall be completed not
later than 1 year after the issuance of a notice of intent to find the plan
not in compliance.
(b) A compliance agreement must be approved by the local governing
body at a public hearing. The public hearing to consider a compliance
agreement shall be advertised at least 14 days before the public hearing
in a newspaper of general circulation in the area. The advertisement shall
substantially comply with the quarter-page advertisement requirements
of subsection (16). The publication of the advertisement shall constitute
the point of entry for affected persons who challenge provisions of the
proposed compliance agreement, except for affected persons who have
already intervened in the underlying s. 120.57 proceeding.
(c) Upon filing by the state land planning agency of a fully executed
compliance agreement with the Division of Administrative Hearings of
the Department of Administration, any administrative proceeding under
s. 120.57 regarding those portions of the plan covered by the compliance
agreement shall be stayed.
(d) A local government may adopt a plan amendment pursuant to a
compliance agreement in accordance with the requirements of paragraph
(16)(a). The plan amendment shall be exempt from the requirements of
subsections (2)-(7). The local government shall hold a single adoption
public hearing pursuant to the requirements of subparagraph (16)(b)2.
and paragraph (16)(c). Within 10 working days after adoption of a plan
amendment, the local government shall transmit five copies of the
element amended, and the text of the amendment, to the state land
planning agency and one copy to each governmental agency that has filed
a written request for a copy of the plan amendment.
(e) The state land planning agency, upon receipt of a plan
amendment adopted pursuant to a compliance agreement, shall issue a









JOURNAL OF THE HOUSE OF REPRESENTATIVES



(f) If the local government adopts a comprehensive plan amendment
pursuant to a compliance agreement and a notice of intent to find the
plan in compliance is issued, the state land planning agency shall forward
the notice of intent to the Division of Administrative Hearings of the
Department of Administration, and the pending s. 120.57 proceeding
pursuant to subsection (10) shall be dismissed by the hearing officer as
to the portions of the plan subject to the compliance agreement. The
dismissal shall constitute final agency action. Subsection (9) is applicable
following the issuance of the notice of intent.
(g) If the local government adopts a comprehensive plan amendment
pursuant to a compliance agreement and a notice of intent to find the
comprehensive plan not in compliance is issued, the state land planning
agency shall forward the notice of intent to the Division of Administrative
Hearings of the Department of Administration, which shall consolidate
the matter with the pending proceeding pursuant to subsection (10) and
conduct a single proceeding under s. 120.57.
(h) If the local government fails to adopt a comprehensive plan
amendment pursuant to a compliance agreement, the state land planning
agency shall notify the Division of Administrative Hearings of the
Department of Administration, which shall hold the pending s. 120.57
proceeding.
(i) This subsection does not prohibit a local government from
amending portions of its comprehensive plan other than those which are
the subject of the compliance agreement. However, such amendment to
the plan may not be inconsistent with the compliance agreement, and a
determination by the state land planning agency of inconsistency with
the compliance agreement shall be sufficient reason to find the plan
amendment not in compliance under this section.
Section 9. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, paragraph (c) of subsection (1) of section 163.3187,
Florida Statutes, is amended, and paragraph (d) is added to said
subsection, to read:
163.3187 Amendment of adopted comprehensive plan.-
(1) Amendments to comprehensive plans adopted pursuant to this part
may be made not more than two times during any calendar year, except:
(c) Any local government comprehensive plan amendments of the
future land use map directly related to proposed small scale development
activities may be approved without regard to statutory limits on the
frequency of consideration of amendments to the local comprehensive plan
under the following conditions:
1. The proposed amendment is a residential land use of 5 acres or less
and a density of 5 units per acre or less or involves other land use categories,
singularly or in combination with residential use, of 3 acres or less and:
a. The cumulative effect of the above amendments eendition shall not
exceed 30 acres annually;
b. The proposed amendment does not involve the same property more
than once a year; and
c. The proposed amendment does not involve the same owner's
property within 200 feet of property granted a change within a period of
12 months; and
d. Public facilities and services are available to support the proposed
uses consistent with ss. 163.3177(10)(h) and 163.3202(2)(g).
2. By March 1 of each year, the local government shall provide a
semiannual report to the state land planning agency, summarizing for the
previous by July 1 and by Dcc.mb. r 31 of each calendar year summarizing
the type and frequency of use of the exemptions and the action taken on
each by the local government; and
3. A local government is not required to comply with the quarter-page
publication requirements of s. 163.3184(16)(-I}(c), for plan amendments
pursuant to this paragraph if the local government substantially complies
with the content provisions in s. 163.3184(16)-145(c) in a legal
advertisement in a newspaper of general circulation within the local
government's jurisdiction.



planning agency until the local government has adopted a comprehensive
plan pursuant to s. 163.3184. Within 5 working days after adoption of the
plan amendment, the local government shall transmit to the state land
planning agency a copy of the ordinance and one copy of the plan
amendment. The state land planning agency shall review the annual
reports for irregularities and misuse of these procedures. The state land
planning agency shall prepare a report to the Legislature by January 1 of
each year-198W, setting forth its findings relating to the type and frequency
of use of these exemptions and its recommendations.
(d) Any comprehensive plan amendment required by a compliance
agreement pursuant to s. 163.3184(12) may be approved without regard
to the provisions of this subsection on the frequency of adoption of
amendments to the local comprehensive plan.
Section 10. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, subsection (1) of section 163.3191, Florida Statutes,
is amended to read:
163.3191 Evaluation and appraisal of comprehensive plan.-
(1) The planning program shall be a continuous and ongoing process.
The local planning agency shall prepare periodic reports on the
comprehensive plan, which shall be sent to the governing body and to the
state land planning agency at least once every 5 years after the adoption
of the comprehensive plan, except that the comprehensive plan adopted
pursuant to s. 163.3167(2) shall be evaluated within 3 years after it is
adopted. Reports may be transmitted at lesser intervals as may be required
or upon request of the governing body. It is the intent of this act that
adopted comprehensive plans be periodically updated through the
evaluation and appraisal report.
Section 11. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, subsections (1) and (2) of section 163.3202, Florida
Statutes, are amended to read:
163.3202 Land development regulations.-
(1) Within 1 year after issuance of the notice of intent by the state
land planning agency pursuant to s. 163.3184(8)submission of its rcvisod
-comprhensive plan for review pursuant to s. 163.3167(2), each county,
each municipality required to include a coastal management element in its
comprehensive plan pursuant to s. 163.3177(6)(g), and each other
municipality in this state shall adopt or amend and enforce land
development regulations that are consistent with and implement their
adopted comprehensive plan.
(2) Local land development regulations shall contain specific and
detailed provisions necessary or desirable to implement the adopted
comprehensive plan and shall as a minimum:
(a) Regulate the subdivision of land.;
(b) Regulate the use of land and water for those land use categories
included in the land use element and ensure the compatibility of adjacent
uses and provide for open space.;
(c) Provide for protection of potable water wellfields.;
(d) Regulate areas subject to seasonal and periodic flooding and
provide for drainage and stormwater management.
(e) Ensure the protection of environmentally sensitive lands
designated in the comprehensive plan.;
(f) Regulate signage.,
(g) Provide that public facilities and services meet or exceed the
standards established in the capital improvements element required by s.
163.3177 and are available when needed for the development, or that
development orders and permits are conditioned on the availability of
these public facilities and services necessary to serve the proposed
development. Not later than 1 year after its due date established by the
state land planning agency's rule for submission of local comprehensive
plans pursuant to s. 163.3167(2), a local government shall not issue a
development order or permit which results in a reduction in the level of
services for the affected public facilities below the level of services provided
in the comprehensive plan of the local government.



Plan amendments adopted pursuant to paragraph (1)(c) shall not be (h) Ensure safe and convenient onsite traffic flow, considering needed
subject to a review and determination of compliance by the state land vehicle parking, including onstreet parking.



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



(i) Ensure the protection of existing and proposed transportation
rights-of-way and corridors designated in the comprehensive plan.
Section 12. (1) The change in the time for adopting local land
development regulations contained in this act, amending subsection (1)
of s. 163.3202, Florida Statutes, is hereby declared to be retroactive and
shall apply to all local governments which have adopted comprehensive
plans or plan amendments pursuant to s. 163.3167, Florida Statutes, on
or before the effective date of this section. Therefore, actions against, or
requests of, a local government may not be initiated under subsection (4)
of s. 163.3202, Florida Statutes, or s. 163.3213, Florida Statutes, until 1
year after the date of issuance of the notice of intent, and all pending
actions against, or requests of, local government under subsection (4) of
s. 163.3202, Florida Statutes, or s. 163.3213, Florida Statutes, are hereby
continued until 1 year after the date of issuance of the notice of intent
concerning that local government's plan.
(2) This section shall take effect July 1, 1989, or upon this act becoming
a law, whichever occurs later.
Section 13. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, section 163.3216, Florida Statutes, is created to
read:
163.3216 Sector planning process.-
(1) PURPOSE.-In order to assist in the implementation of its local
comprehensive plan, a local government may adopt a sector plan as an
amendment to its comprehensive plan. A sector plan will allow a local
government, in cooperation with the public, to address the impact of
development on natural, environmental, and historical resources and to
ensure the provision of the public facilities and services needed to serve
that development.
(2) DEFINITIONS.-As used in this section, the term:
(a) "Sector plan" means a plan, or any amendment thereto, that is a
more detailed plan for a defined planning area than the adopted local
government comprehensive plan, is consistent with such comprehensive
plan, and otherwise meets the requirements of this section.
(b) "Sector planning area" means the area encompassed by a sector
plan. The land parcels comprising the sector planning area must be
contiguous and must exceed 5 gross acres.
(3) PREPARATION, ADOPTION, AND AMENDMENT OF
SECTOR PLANS.-
(a)l. This section applies only in those jurisdictions in which the local
government has authorized, by resolution or local ordinance, sector
planning pursuant to the provisions of this section. A local government,
or a person who represents property ownership interest in at least 51
percent of the total lands within the sector planning area, may sponsor
the preparation and adoption of a sector plan.
2. A local government may proceed with the preparation of a sector
plan only after the local government comprehensive plan has been found
to be in compliance by the state land planning agency and the local
government has adopted land development regulations to implement the
comprehensive plan.
3. It shall be the responsibility of the local government to prepare a
sector plan for an area under its jurisdiction; however, if the sponsor of
the sector plan is other than the local government, the local government
may by written agreement authorize the sponsor to prepare some or all
of a proposed sector plan.
(b)l. A sector plan shall be adopted as an amendment to the local
government comprehensive plan as prescribed by the provisions of s.
163.3184(3), (4), (5), (6), (7), and (16), in addition to any other
requirements for the preparation or adoption of a sector plan which are
provided in this section.
2. A local governing body may consider the adoption of a sector plan
without regard to the provisions of s. 163.3187(1) regarding the frequency
of adoption of amendments to the local comprehensive plan.
(c) Amendments to an adopted sector plan must comply with the



provisions of s. 163.3187(1) regarding the frequency of adoption of
amendments to the local comprehensive plan; however, a sector plan



amendment incorporating a development of regional impact may be
considered for adoption by the local government without regard to the
provisions of s. 163.3187(1) regarding the frequency of adoption of
amendments to the local comprehensive plan.
(4) PLANNING AND REVIEW FEES.-
(a) The local government may impose a planning fee upon persons
that seek governmental approvals for development within the sector
planning area. Such planning fees, in the aggregate, must defray but not
exceed the cost of the preparation, adoption, and administration of the
sector plan. The fee charged each landowner must be a prorated amount
based on ownership of property in the sector or another reasonable basis.
It is the intent of the Legislature in providing for such fees to charge
persons who benefit from sector plans for the costs of developing those
sector plans.
(b) The appropriate regional planning agency may calculate and
collect a fee in an amount that does not exceed the cost of performing the
review of a sector plan.
(5) CONTENTS OF A SECTOR PLAN.-A sector plan must contain:
(a) A statement certifying and demonstrating that the sector plan is
consistent with the local government comprehensive plan and a
description of how the sector plan will further the goals and policies of
the local comprehensive plan.
(b) A master development plan for the sector planning area.
(c) A map of existing and proposed land uses by type and density,
including development phasing, if applicable.
(d) Provisions to ensure that all public facilities, as defined by s.
163.3164(23), and those related services which the local government
deems necessary to operate the facilities necessitated by the development
allowable under the sector plan are available concurrent with the impacts
of development. In lieu of, or in addition to, such provisions, the sector
plan may incorporate an executed development agreement, pursuant to
the Florida Local Government Development Agreement Act, that has
been entered into between the local government and the sponsor of the
sector plan to provide the necessary facilities and services.
(e) An assessment of the impacts of development allowable under the
sector plan that would affect lands outside the boundaries of the sector
plan, including lands in other jurisdictions, and the conditions and
provisions to mitigate those impacts.
(f) An identification of the natural, environmental, and historical
resources of state or regional significance for state and regional review,
and of local significance for local review, potentially adversely affected
by development under the sector plan and the provisions and conditions
to protect those resources or mitigate any adverse effects.
(g) Provisions for the equitable distribution of development rights
under the sector plan.
(h) Identification of the monitoring procedures and the local official
responsible for assuring compliance with the conditions of the sector plan.
(i) A description of all land development regulations that will apply
to development under the sector plan.
(j) A date by which the local government agrees that the sector plan
and the sector planning area shall not be subject to down-zoning, unit
density reduction, or intensity reduction, unless the local government can
demonstrate that substantial changes in the conditions underlying the
adoption of the sector plan have occurred, that the sector plan was based
on substantially inaccurate information, or that the change is clearly
established by local government to be essential to the public health,
safety, or welfare.
(k) Identification of any other conditions or requirements which the
local government determines to be necessary or desirable for the
implementation of the local government comprehensive plan.
(6) REGIONAL REVIEW.-The review of the sector plan by the
regional planning agency shall be limited to the information required in

a sector plan under paragraphs (5)(e) and (f); however, nothing shall
preclude the regional planning agency from conducting a review of other



information in the sector plan for the local government through
contractual agreement.



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



(7) RULE AUTHORITY.-The state land planning agency shall
adopt rules, including standards and criteria, to ensure uniform
construction, application, preparation, review, and adoption of sector
plans, and annual reports on sector plans, by local government.
(8) APPEAL STANDING.-An affected person who has standing to
challenge an amendment to a local government comprehensive plan
amendment has standing to challenge a sector plan or amendment to a
sector plan, but such challenge is limited to the issue of the consistency
of the sector plan or amendment to the sector plan with the local
government comprehensive plan.
(9) AUTHORITY FOR SECTOR PLANNING DEMONSTRATION
PROJECTS.-
(a) The state land planning agency is hereby authorized to carry out
sector planning demonstration projects with up to three local
governments that have been authorized, by resolution or local ordinance,
to do sector planning pursuant to the provisions of this section.
(b) As part of its authority to conduct sector planning demonstration
projects under this section, the state land planning agency shall:
1. Have the authority to waive any or all provisions of s. 380.06 as such
section would apply to a development undertaken as part of a sector
planning demonstration project.
2. Prepare a final report to be submitted to the President of the
Senate and the Speaker of the House of Representatives no later than
July 1, 1993, on the effect of the sector planning demonstration projects
conducted under this section, including, but not limited to, an assessment
of the manner in which extrajurisdictional impacts of development were
considered and successfully resolved.
(10) This section shall stand repealed on July 1, 1994. All sector plans
adopted prior to that date shall remain in effect until modified or
repealed by the appropriate local government.



(b) Identification of areas of state environmental significance and
strategies to protect the natural values of these areas and prohibit their
urbanization through regulation, acquisition of interests in property, and
incentives and disincentives to steer growth away from the areas
identified.
(c) Strategies for achieving an equitable system of taxation to
accomplish the strategies included in the plan.
(d) Strategies for ensuring that there is an integrated approach at all
levels of government toward accomplishing the concurrency requirements
set forth in ss. 163.3177(10)(h) and 163.3202(2)(g).
(e) Strategies for ensuring that state agencies administer their
regulatory, construction, and funding programs so as to encourage the
efficient provision of urban services and protect areas of state
environmental significance.
(f) Strategies to establish state solutions which will assist local
governments in providing affordable housing.
(g) Strategies to resolve or reduce intergovernmental disputes in
determining which unit of government will be the provider of particular
urban facilities and services.
(h) Other strategies as are necessary to provide an integrated and
comprehensive approach to growth and development and which are
consistent with the state comprehensive plan.
(5) All rules of state agencies adopted or amended after the effective
date of the rule and all expenditures for state agency purposes for capital
improvements after the effective date of the rule shall be consistent with
the Strategic Growth Management Implementation Plan, as it may be
amended from time to time, except to the extent that the rule or
expenditure cannot be consistent with the Strategic Growth Management
Implementation Plan and still adhere to specific direction given to the
agencies by the Legislature through law or appropriation.



Section 14. Effective July 1, 1989, or upon this act becoming a law, Section 15. Effective October 1, 1990, section 339.178, Florida Statutes,
whichever occurs later, section 186.009, Florida Statutes, is created to read: is created to read:



186.009 Legislative review of state comprehensive plan; Strategic
Growth Management Implementation Plan.-
(1) The Legislature shall undertake a thorough review, prior to its
next regular session, of the goals, policies, and objectives of the state
comprehensive plan.
(2)(a) By January 15, 1990, the Executive Office of the Governor shall
provide a report to the presiding officers of the Legislature which shall:
1. Recommend changes in the format of state agency functional plans,
and the reasons therefore.
2. Recommend changes to the annual report requirement contained
in s. 186.031, and the reasons therefore.
3. Recommend changes to the capital improvements planning of state
agencies and the Executive Office of the Governor, and the reasons
therefore.
(b) The Executive Office of the Governor, assisted by the Department
of Community Affairs, shall prepare a proposed Strategic Growth
Management Implementation Plan to provide guidance for the
development of plans and capital improvement programs by
governmental entities influencing Florida's growth. The proposed plan
shall be submitted to the Administration Commission, the Speaker of the
House of Representatives, and the President of the Senate by March 1,
1990. The plan shall be adopted by the Administration Commission as a
rule pursuant to chapter 120 by no later than July 1, 1990. Such rule shall
take effect December 1, 1990, and shall apply only to state agencies.
(3) The Strategic Growth Management Implementation Plan shall
include the goals and measurable objectives for growth and development
in the state.
(4) To implement the goals and measurable objectives established
under subsection (3), the Strategic Growth Management Implementation
Plan shall include, but not be limited to:
(a) Strategies state agencies will use to encourage or limit various
types of growth.



339.178 Levels of service for the State Highway System.-
(1) The definition of the term "State Highway System" provided in
s. 334.03 is incorporated by reference in this section.
(2)(a) The Department of Transportation shall establish and adopt,
by rule, level-of-service standards for sections of roads on the State
Highway System. In establishing level-of-service standards the
Department of Transportation shall consider and balance:
1. Existing land development patterns, land development patterns in
approved local government comprehensive plans, and policies and goals
in the comprehensive regional policy plans and the state comprehensive
plan;
2. Design and operational parameters as established by the
Department of Transportation in accordance with Federal Highway
Administration guidelines;
3. The safe and efficient movement of people and goods;
4. The geographic location of individual roads or a portion of a road,
including, but not limited to, whether the road or a portion of a road is
within an existing urbanized area, an incorporated place outside an
existing urbanized area, an area projected to become part of an urban or
urbanized area within a planning period of approximately 20 years, or a
rural area;
5. The functional classification of the road; and
6. Existing access and access-management systems available to the
department to maintain and enhance the capacity of state roads or
transportation systems.
(b) In establishing level-of-service standards, the Department of
Transportation shall designate sections of roads on the State Highway
System for special consideration where:
1. The existing level of service is at the lowest established level-of-
service standard and major capacity improvements are not included in
the Department of Transportation's adopted work program or the capital
improvement element of the local government's comprehensive plan;



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14 JOURNAL OF THE HOUSE

2. The road is constrained either physically or environmentally from
major capacity improvements; or
3. The road is parallel to a transit facility that is supported by local
government efforts to promote that transit facility.
The Department of Transportation shall, in connection with such special
state road designation, establish standards and methodologies on the
amount of acceptable increases in the traffic volume on such designated
roads on the State Highway System until the incorporation of major
capacity improvements in the department's adopted work program or the
capital improvement element of the local government's comprehensive
plan. Such standards and methodologies shall include, but not be limited
to, consideration of the range of impact of land densities and traffic flows
to existing interchanges and major access points and specific
transportation corridor policies and programs.
(c) Level-of-service standards established for roads on the State
Highway System shall be financially feasible based on current operating
conditions and currently available revenue sources which are projected
in the department's adopted work program or the capital improvement
element of the local government's comprehensive plan. Nothing
contained herein shall be construed or interpreted to preempt the
provisions of chapter 9J-5, Florida Administrative Code, as amended.
(d) The level of service standards shall be established in a manner
that divides the State Highway System into sections of varying lengths.
These sections may be continuous as long as highway and traffic
characteristics remain significantly unchanged. Significant changes in
such characteristics shall require the identification of new sections.
Factors to be considered in establishing termini of sections include, but
are not limited to:
1. A major change in access points or a change identified in an
adopted access management classification;
2. A major change in existing land use, intensities, and densities;
3. A major change in land use, intensities, and densities projected in
an approved local government comprehensive plan;
4. A change in the number of through lanes;
5. An intersecting principal arterial or freeway;
6. A change in functional classification;
7. A major change in traffic volume.
(3) The Department of Transportation shall hold at least one public
hearing in each district at least 30 days prior to the filing of the notice
of rulemaking. Such public hearing shall be noticed to the public in a
manner similar to advertisement requirements for a public hearing in s.
163.3184(16)(c). Immediately following the public hearing, the affected
local government may submit comments to the Department of
Transportation. Adoption of rules establishing level-of-service standards
on roads on the State Highway System shall not be subject to a rule
challenge under s. 120.54(4) or drawout proceedings under s. 120.54(17),
but shall be subject to challenge under s. 120.56. However, pursuant to s.
120.56, a local government, a regional planning council, or any affected
person as defined in s. 163.3184(1) may challenge the establishment or
modification of a level of service as applied to a road or segment of road
on the State Highway System within the local government's jurisdiction.
Section 16. (1) The Florida Transportation Commission shall
perform a study of the functional classification of roads on the State
Highway System. The commission shall report its findings and
recommendations to the Governor, the President of the Senate, and the
Speaker of the House of Representatives no later than September 15,
1989. In its report, the commission shall, at a minimum:
(1) Determine the fiscal impact and any other effects of a transfer of
responsibility to the counties, if made pursuant to s. 335.04, Florida
Statutes, for those urban minor arterials on the State Highway System
that should be reclassified and transferred.
(2) Evaluate the appropriateness of transferring responsibility to the



counties for those minor arterial extensions into urban areas that are on
the State Highway System. In addition, determine the fiscal impact and
other effects of a transfer of responsibility for such roads and recommend
a reasonable timeframe for the phased transfer of such roads, if different
than that already provided by law.



I)



E OF REPRESENTATIVES June 3, 1989

(3) Evaluate existing requirements for establishing levels of service on
public roads and recommend whether procedures for setting levels of
service on segments and corridors of the State Highway System should be
established and what those procedures should be.
(4) Provide an estimate of the costs for improving the State Highway
System from the current, actual operating level of service standards to the
financially feasible level of service standards established by the
department and an estimate of the costs for improving the State Highway
System from the financially feasible level of service standards to those
levels of service standards that are derived from the Highway Capacity
Manual Special Report 209, Transportation Research Board, National
Research Council, 1985, and as defined by the Florida Highway System
Level of Service Standards and Guidelines Manual dated January 1989.
(2) This section shall take effect July 1, 1989, or upon becoming a law,
whichever occurs later.
Section 17. Effective July 1, 1989, or upon becoming a law, whichever
occurs later, section 163.709, Florida Statutes, is created to read:
163.709 Analysis of local government funding.-
(1) To assist the Governor and Legislature in making decisions
relating to shared state-local programs and funding, the Advisory Council
on Intergovernmental Relations shall conduct an annual assessment of
local government funding and publish an index of average taxpayer
burden in each local jurisdiction by December 1 of each year.
(2) The assessment of local government funding shall be based upon
the most recent financial information available and shall contain an
analysis of the revenue sources available to the local government,
including shared state resources, and an evaluation of the extent each tax
source is utilized.
(3) The index of average taxpayer burden shall be developed by the
council and shall reflect a composite of local taxes and fees levied by all
local governmental units, including special districts and regional
agencies, paid by an average household. In addition to the composite
index, the council may provide analyses of individual services which are
supported by local taxes or fees. In evaluating individual services, the
council may survey and report its evaluation of the comparative effect of
private providers, as well as various governmental providers, of the same
services.
Section 18. Effective upon this act becoming a law, subsection (2) of
section 335.182, Florida Statutes, 1988 Supplement, is amended to read:
335.182 Regulation of connections to roads on State Highway System;
definition.-
(2) Counties, municipalities, or transportation or expressway
authorities may adopt standards for access permitting on the State
Highway System which meet or exceed the department's standards,
provided that such standards may not be inconsistent with standards
adopted by the department. Except- when the department has delegated
its access permitting function to another permitting authority pursuant to
s. 35.89, Permits from both the department and the other permitting
authority shall be required for connections to the State Highway System.
Where the permit conditions of such permitting authority are inconsistent
with the permit conditions required by the department, the department's
requirements shall control.
Section 19. Effective upon this act becoming a law, section 335.1825,
Florida Statutes, 1988 Supplement, is amended to read:
(Substantial rewording of section. See
s. 335.1825, F.S., 1988 Supp., for present text.)
335.1825 Access permit required; conditions; denial by department;
local government action; expiration; closing of unpermitted
connections.-
(1) Access to roads on the State Highway System shall be allowed only



when authorized by a permit issued by the department and any other
permitting authority authorized to do so pursuant to this act.
(2) Subject to all applicable provisions of chapter 120, access permits
may be issued subject to conditions requiring the performance of certain
actions by the permitted, including the use of joint-use connections,









JOURNAL OF THE HOUSE OF REPRESENTATIVES



improving road segments on the State Highway System, connecting to
existing local road systems that already connect to the State Highway
System, or other actions that ensure the safe and efficient use of the State
Highway System while ensuring that adopted level of service standards
are maintained and are not reduced.
(3)(a) No access permit shall be issued if the estimated traffic volume
from the proposed connection would cause a reduction in the level of
service standard established by the department or in an approved local
government comprehensive plan which has been deemed in compliance
pursuant to part II of chapter 163.
(b) If the department denies an access permit pursuant to this
subsection, the local government with jurisdiction for approving the
development associated with the access permit may deny the
development approval. Action in such case by the permitted shall be
against the department.
(c). If the department denies an access permit pursuant to this
subsection and the local government with jurisdiction for approving the
development associated with the access permit approves the
development, the local government shall, before issuing a final
development order:
1. Undertake such improvements as are required to ensure that
adopted level of service standards are maintained and are not reduced;
or
2. Require the permitted, as a condition of development approval, to
undertake such improvements; or
3. Require, as a condition of development approval, that the
development be phased over time to correspond with planned road
improvements or that the intensity or density of the development be
changed so that the adopted level of service standards are maintained
and are not reduced; or
4. Reduce the level of services standard for the affected road segment
in order to meet the requirements of s. 163.3202(2)(g). The local
government shall conduct a special hearing to take public testimony on
the effects of the proposed development on the transportation system,
especially the adopted level of service standard. Such hearing shall be in
addition to any hearings required in order to adopt amendments to the
local comprehensive plan or the capital improvements element pursuant
to part II of chapter 163. A local government shall not use this option if
the department officially determines that a reduction in the level of
service standard is not in the best interests of the state because a
particular road segment is critical to the functioning of the State
Highway System. The hearing required by this subparagraph shall be
held after 5 p.m. on a weekday and notice thereof shall be advertised at
least 7 days prior to the hearing in accordance with the requirements of
s. 125.66(5)(b)2.; the form of the notice shall be determined by the local
government but shall conform to the intent of s. 125.66(5)(b)2.
If the local government complies with the requirements of subparagraph
1., subparagraph 2., subparagraph 3., or subparagraph 4., the department
shall approve the access permit if all other requirements of this act have
been met.
(4) All access permits issued pursuant to this act shall automatically
expire and become invalid 1 year after issuance if the connection or
required improvements are not constructed by such time.
(5) Except as otherwise provided in this act, an unpermitted
connection shall be closed by the department or other permitting
authority which may remove or install barriers across the connection.
Reasonable notice shall be provided by the department or permitting
authority to the property owners served by the connection to be closed.
The department shall prescribe by rule its procedures for preventing the
operation of unpermitted connections and for providing the notice
required by this subsection.
Section 20. Effective upon this act becoming a law, section 335.185,
Florida Statutes, 1988 Supplement, as created by chapter 88-224, Laws
of Florida, is hereby repealed.



Section 21. Effective upon this act becoming a law, subsection (1) of
section 335.187, Florida Statutes, 1988 Supplement, is amended to read:



335.187 Unpermitted connections; existing access permits;
nonconforming permits; modification and revocation of permits.-
(1) Unpermitted connections to the State Highway System in existence
on July 1, 1988, which have been in continuous use for a period of 1 year
or more shall not require the issuance of a permit and may continue to
provide access to the State Highway System. However, a permitting
authority may require that a permit be obtained for such a connection if
a significant change occurs in the use, design, or traffic flow of the
connection or of the state highway to which it provides access. If a permit
is not obtained, the connection may be closed pursuant to s. 335.1825(5)(3).
Section 22. Effective upon this act becoming a law, paragraph (c) of
subsection (2) of section 335.188, Florida Statutes, 1988 Supplement, is
amended to read:
335.188 Access management standards; access control classification
system; criteria.-
(2) The principal component of the roadway access management
standards shall be an access control classification system for all routes on
the State Highway System, the purpose of which shall be to provide
specific standards to be adhered to in the planning for and approval of
access to roads on the State Highway System. Such classification system
shall be developed consistent with the following:
(c) The rule required by this section shall provide that assignment of
a road segment to a specific access category be made in consideration of
the following criteria:
1. The current functional classification as well as potential future
functional classification of each road on the State Highway System;
2. Existing and projected traffic volumes;
3. The adopted level of service standard for the road or road segment;
4.3 Existing and projected state, local, and metropolitan planning
organization transportation plans and needs;
5.4- Drainage requirements;
6.5. The character of lands adjoining the highway;
7. Local land-use plans and zoning, as set forth in comprehensive
plans;
8.7- The type and volume of traffic requiring access;
9.8- Other operational aspects of access;
10.9. The availability of reasonable access by way of county roads and
city streets to a state highway as an alternative to a connection to a state
highway; and
11.40- The cumulative effect of existing and projected connections on
the State Highway System's ability to provide for the safe and efficient
movement of people and goods within the state.
Section 23. Effective upon this act becoming a law, section 335.189,
Florida Statutes, 1988 Supplement, is amended to read:
335.189 Authority of Delegation of acess permitting function to other
governmental entities to permit access; permitting process; interlocal
agreements.-
(1) The department may authorize is authorized to delegate its access
permitting function to those counties, municipalities, or expressway or
transportation authorities it finds to be financially and technically capable
of implementing such responsibility to act as access permitting
authorities pursuant to this act the delegation.
(2) The department may grant such only delegate its permitting
authority only when regulations have been adopted by the local
governmental entity that address, at a minimum, all current access
standards adopted by the department. The local regulations must meet or
exceed those standards currently adopted by the department. Additional
standards not contained in the department's standards which exceed such
standards may be included.
(3) The department is authorized to enter into interlocal agreements



to carry out the provisions of this act. Such agreements shall contain the
following:



June 3, 1989



15









JOURNAL OF THE HOUSE OF REPRESENTATIVES



(a) A provision determining responsibility for any liabilities that might
be incurred through performance of the interlocal agreement;
(b) A requirement that the department be provided notification of
intent to issue a permit within a reasonable period of time before the
permit is issued;
(c) A procedure for allowing the department to challenge the intent to
issue a permit by the local governmental entity;
(d) A provision setting forth a procedure for relocating, altering, or
closing of a connection when required by the department for good cause;
(e) A provision that any changes to the local access regulations that
result in standards which do not meet or exceed the standards of the
department shall provide grounds for rescinding or terminating the
agreement; and
(f) A provision that a determination by the department that a
particular road segment is critical to the functioning of the State
Highway System allows the department to invalidate a permit issued by
the local governmental entity; and
(g)(f) A provision that any changes to the department's standards shall
be included in the local access regulations.
(4) A local governmental entity may request that permitting authority
be granted delegated by the department. Upon a determination by the
department that the requirements of this section have been met, such
authority delegation shall be effective as provided in an interlocal
agreement.
(5) A grant of authority delegation pursuant to this section may be
rescinded if the secretary determines that such authority delegation is not
being carried out in accordance with the interlocal agreement.
Section 24. Effective July 1, 1989, or upon this act becoming a law,
whichever occurs later, section 163.3203, Florida Statutes, is created to
read:
163.3203 Impact fees.-
(1) This section may be cited as the "Florida Impact Fee Law."
(2) Impact fees shall be assessed no later than at the time of the
issuance of a building permit. Payment of the impact fee shall occur no
later than the issuance of a certificate of occupancy or other final action
authorizing the intended use of a structure.
(3) Any governmental entity imposing a new impact fee or increasing
the limit of an existing impact fee on residential property subsequent to
October 1, 1989, shall make a legislative finding as to the effect of such
impact fee on affordable housing within its jurisdictional limits. Such
legislative finding shall be in the ordinance imposing such impact fee or
in any documentation establishing the methodology for the calculation of
the impact fees. Factors to be considered in making such legislative
finding shall include, but not be limited to, the cumulative effect of all
impact fees imposed on residential property by all governmental units
within the jurisdiction, the need and availability of affordable housing
within the jurisdiction or within areas of customary commuting distance,
and the availability within the jurisdictional limits of the governmental
entity of established programs to provide assistance to persons and
families in obtaining affordable housing.
(4) After adoption of a capital improvement element pursuant to s.
163.3177(3), a governmental entity may not impose a new impact fee or
raise the level of an existing impact fee without having identified the type
of facility or improvement for which the fee is being collected in the
capital improvement element, or, for a facility or improvement not
required to be in the capital improvement element, in a separate
document adopted by the governmental entity. The ordinance imposing
the impact fee shall establish a methodology for determining the impacts
of new or expanded development on the facility or improvement to be
funded at least in part by impact fees. The impact fees in the aggregate
may not exceed such impact and shall be reduced by the future revenue
credit provided in paragraph (5)(a).



(5) A governmental entity collecting an impact fee shall adopt a
method for providing credits against the amount of the impact fee that
can be imposed for:



(a) Future revenues generated by new or expanded development
which are allocated by the governmental entity for the same type capital
facility or improvement for which the impact fee has been collected. The
timeframe for consideration of future revenues shall be consistent with
the planning timeframe of the capital improvement element, or, for a
facility or improvement not required to be in the capital improvements
element, a timeframe adopted by the local government in a separate
document;
(b) Dedications of property and construction of a specific facility or
improvement identified in the capital improvement element, or the
separate document adopted by the governmental entity, which has a
capacity in excess of that required to accommodate the development or
burden imposed by the existence of the development; and
(c) Other mandatory monetary contributions exacted for the same
type of capital improvement for which the impact fee has been collected.
(6) Governmental entities may recoup the proportionate share of the
public facilities capital improvement costs of excess capacity in existing
capital facilities where such excess capacity has been provided in
anticipation of the needs of new development.
(7) A county or municipality may, by ordinance, provide for the
waiver of any or all impact fees for the purposes of promoting affordable
housing or urban redevelopment.
(8) This section does not alter, diminish, or increase the impact fee
criteria as established by case law of the state other than to provide for
the specific conditions and limitations provided in this section.
(9) This section does not limit a governmental entity from requiring
construction of or contributions of internal onsite facilities or facilities
built to serve the development to alleviate the impact caused by
development if required by local, state, or federal regulations.
Section 25. Effective January 1,1990, section 192.039, Florida Statutes,
is created to read:
192.039 Fractional-year assessment roll.-
(1) A structure or other improvement to real property which is not
substantially complete as of January 1 of the prior year but which, prior
to January 1 of the current year, is substantially complete, shall be
assessed and listed on a fractional-year assessment roll in addition to
being assessed and listed on the current real property tax roll.
(2) The property appraiser shall annually prepare, publish, and
extend taxes against the fractional-year assessment roll. All provisions
of law relating to preparation, publication, and approval of real property
assessment rolls and extension and collection of taxes shall apply to the
fractional-year assessment roll, except that:
(a) The assessed value shall be the just value of comparable
structures or improvements on January 1 of the prior year, prorated in
proportion to the number of days in that year. A structure or other
improvement to real property shall be placed on the fractional year
assessment roll when the improvement or some self-sufficient unit within
it is occupied or otherwise used, or 60 days after substantial completion
of the improvement or the self-sufficient unit, whichever occurs first.
(b) In lieu of the information specified in s. 200.069, the taxpayer for
each parcel listed on the fractional-year assessment roll shall be sent by
first-class mail a notice containing the prorated assessment, the location
of the property, the date from which the proration was made, and notice
of the taxpayer's right to confer with the property appraiser and file a
petition with the property appraisal adjustment board, as described in
s. 200.069(8). The department shall specify the format of the notice by
rule which shall include a brief statement explaining that structures or
improvements completed during the year are back-assessed for the prior
year and currently assessed for the present year.
(c) When extending taxes against the fractional-year assessment roll,
the property appraiser shall use millage rates applicable in the prior
year, and shall apply them based on the jurisdictional boundaries of the



various taxing authorities in the prior year. However, taxes may not be
extended for any taxing authority which does not levy a millage rate in
the current year.



16



June 3, 1989










JOURNAL OF THE HOUSE OF REPRESENTATIVES



(d) The property appraiser may not certify value with respect to the
fractional-year assessment roll and taxes levied thereon are not subject
to the rollback and notice requirements of ss. 200.065 and 197.342.
(e) All exemptions authorized in chapter 196 based on ownership and
use of property shall apply to property listed on the fractional-year
assessment roll. The amount of the exemption shall be prorated in
proportion to the number of days in the prior year that the property was
owned and used for exempt purposes, but in no event shall the proportion
exceed that determined under paragraph (a). The property appraiser
shall grant or deny the exemption based on the original application for
exemption made for the current year pursuant to s. 196.011. An
additional exemption application may not be required with respect to the
fractional-year assessment roll. Applications which claim a partial year
exemption shall specify the time period for which exemption is sought.
In situations where the applicant seeking an exemption has previously
applied for and received an exemption for other property which no longer
qualifies for an exemption based on the applicant's ownership and use,
the exemption granted for the fractional-year assessment roll shall be
reduced by the amount of the exemption granted on the property no
longer in use.
Section 26. Effective January 1, 1990, subsection (1) of section 193.052,
Florida Statutes, is amended to read:
193.052 Preparation and serving of returns.-
(1) The following returns shall be filed:
(a) Tangible personal property; and
(b) Structures or improvements to real property which are
substantially completed, less real property removed, subsequent to
January 1 of the prior year and which, prior to January 1 of the current
year, have been substantially completed. Such return shall include a
statement setting forth the date on which the structure or improvement
was substantially completed; and
(c)b} Property specifically required to be returned by other provisions
in this title.
Section 27. (1) Each unit of local government that issues a building
permit and each lending institution that issues a closing statement in this
state shall advise the permit applicant or borrower of the provisions of s.
193.052(1)(b), Florida Statutes, and the applicable filing deadline and
penalties.
(2) This section shall take effect January 1, 1990.
Section 28. If any law which is amended by this act was also amended
by a law enacted at the 1989 Regular Session of the Legislature, such laws
shall be construed as if they had been enacted by the same session of the
Legislature and full effect should be given to each if that is possible.
Section 29. Unless otherwise provided herein, this act shall take effect
upon becoming a law.
Rep. Jones moved the adoption of the amendment.
Representative Glickman offered the following amendment to the
amendment:
Amendment 1 to Amendment 1-On page 48, lines 3-31; on page 49,
lines 1-31; and on page 50, lines 1-23, strike all of said lines (renumber
subsequent sections)
Rep. Glickman moved the adoption of the amendment to the
amendment, which failed of adoption.
Representative Ritchie offered the following amendment to the
amendment:
Amendment 2 to Amendment 1-On page 53, line 16, strike "lending
institution" and insert: person
Rep. C. F. Jones moved the adoption of the amendment to the
amendment, which was adopted.
Representative Boyd offered the following amendment to the
amendment:



Amendment 3 to Amendment 1-On page 50, lines 24-31; on page
51, lines 1-30; on page 52, lines 1-31; and on page 53, lines 1-21, strike all
of said lines (renumber subsequent sections)



Rep. Boyd moved the adoption of the amendment to the amendment,
which failed of adoption.
Representative C. F. Jones offered the following amendment to the
amendment:
Amendment 4 to Amendment 1-On page 51, line 15, after "used"
insert: for the purpose for which it was constructed
Rep. Jones moved the adoption of the amendment to the amendment,
which was adopted. The vote was:
Yeas-55



Abrams
Arnold
Bloom
Boyd
Bronson
Campbell
Canady
Clark
Cosgrove
Dantzler
Diaz-Balart, L.
Diaz-Balart, M.
Frankel
Friedman
Nays-49
Albright
Ascherl
Bainter
Banjanin
Burke
Carpenter
Crotty
Davis
Drage
Easterly
Figg
Glickman
Goode



Frishe
Geller
Gordon
Graham
Gutman
Hafner
Harris
Healey
Hill
Holland
Irvine
Jamerson
Jennings
Johnson, B. L.


Grindle
Hanson
Hargrett
Hawkins
Hoffmann
Ireland
Jones, D. L.
Kelly
King
Lewis
Locke
Lombard
Martinez



Johnson, R. C.
Jones, C. F.
Juri
Langton
Lawson
Liberti
Lippman
Long
Mackenzie
Mackey
Messersmith
Mims
Mitchell
Mortham



McEwan
Morse
Nergard
Ostrau
Patchett
Peeples
Press
Reaves
Rehm
Roberts
Rush
Safley
Sanderson



Renke
Ritchie
Rojas
Rudd
Saunders
Simon
Smith
Tobin
Trammell
Valdes
Wallace
Wetherell
Young



Sansom
Shelley
Silver
Simone
Sindler
Stone
Thomas
Tobiassen
Webster
Wise



The question recurred on the adoption of Amendment 1, as amended,
which was adopted. The vote was:
Yeas-59



Abrams
Albright
Arnold
Bainter
Banjanin
Bloom
Boyd
Canady
Carpenter
Clark
Clements
Crotty
Dantzler
Diaz-Balart, L.
Diaz-Balart, M.
Nays-46
Ascherl
Bronson
Campbell
Davis
Easterly
Frankel
Frishe
Glickman
Goode
Hanson



Drage
Figg
Friedman
Geller
Gordon
Graham
Grindle
Gutman
Hafner
Harris
Hawkins
Hill
Hoffmann
Ireland
Johnson, B. L.



Harden
Hargrett
Healey
Holland
Irvine
Jamerson
Jennings
Kelly
King
Langton



Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Liberti
Lippman
Long
Mackenzie
Mackey
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard



Lawson
Lewis
Locke
Lombard
Martinez
McEwan
Patchett
Press
Reddick
Rehm



Ostrau
Peeples
Reaves
Renke
Rojas
Saunders
Simon
Smith
Thomas
Tobin
Trammell
Valdes
Wetherell
Young



Ritchie
Roberts
Rudd
Rush
Safley
Sanderson
Sansom
Shelley
Silver
Simone



June 3, 1989



17










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Sindler
Stone



Tobiassen
Wallace



Webster



Wise



Votes after roll call:
Nays-Brown
Yeas to Nays-Rojas, Gordon, Carpenter
Nays to Yeas-Harden
On motion by Rep. C. F. Jones, the rules were waived by two-thirds vote
and SB 2-A, as amended, was read the third time by title.
The Committee on Rules & Calendar offered the following title
amendment:
Amendment 2-On page 5, lines 21-31, and page 6, lines 1-2, strike all
of said lines and insert: assessment roll; providing for act to be
Rep. Jones moved the adoption of the amendment, which was adopted.
The question recurred on the passage of SB 2-A. The vote was:
Yeas-72



The Chair
Abrams
Arnold
Bainter
Banjanin
Bloom
Boyd
Burke
Canady
Clark
Cosgrove
Crotty
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Friedman
Nays-36
Albright
Ascherl
Bronson
Campbell
Carpenter
Clements
Dantzler
Davis
Frankel



Frishe
Geller
Gordon
Graham
Grindle
Gutman
Hafner
Harden
Harris
Hawkins
Hill
Hoffmann
Holland
Ireland
Jennings
Johnson, B. L.
Jones, C. F.
Jones, D. L.


Glickman
Goode
Hanson
Hargrett
Healey
Irvine
Jamerson
Johnson, R. C.
Juri



King
Lawson
Liberti
Lippman
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Mortham
Nergard
Patchett
Peeples
Reaves
Renke



Kelly
Langton
Lewis
Locke
Martinez
Morse
Ostrau
Press
Reddick



Rojas
Rudd
Safley
Sanderson
Sansom
Saunders
Shelley
Simon
Smith
Thomas
Tobin
Trammell
Valdes
Wallace
Webster
Wetherell
Wise
Young


Rehm
Ritchie
Roberts
Rush
Silver
Simone
Sindler
Stone
Tobiassen



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

SB 4-A-A bill to be entitled An act relating to drug abuse prevention
and control; amending s. 893.13, F.S.; prescribing a minimum term of
imprisonment for persons who sell, purchase, manufacture, or deliver a
controlled substance as defined in s. 893.03(1)(a), (b), (d), (2)(a), (b), F.S.,
within 1,000 feet of a school or who possess such controlled substance with
intent to commit such actions; providing that such persons are not eligible
for parole or statutory gain-time; providing that persons performing such
activities with any other controlled substance must be fined $500 and must
serve 100 hours of public service in addition to any other penalty; providing
for act to be read in pari material with acts passed during the regular
session; providing an effective date.
-was taken up. On motions by Rep. Silver, the rules were waived by
two-thirds vote and SB 4-A was read the second time by title and the third
time by title. On passage, the vote was:
Yeas-102



The Chair
Abrams
Albright
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Campbell
Canady
Carpenter
Clements
Cosgrove
Crotty
Dantzler
Davis
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Frankel
Friedman
Nays-4
Clark



Frishe
Geller
Glickman
Goode
Gordon
Graham
Grindle
Gutman
Hafner
Hanson
Harden
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri



Hargrett



Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Reddick
Rehm
Renke
Ritchie



Morse



Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Wallace
Webster
Wise
Young



Reaves



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

SB 5-A-A bill to be entitled An act relating to drivers' licenses;
creating s. 322.2615, F.S.; authorizing law enforcement officers to
immediately suspend the driving privilege of a person arrested for specified
DUI offenses; providing for confiscation of the driver's license and issuance
of a temporary driving permit and a suspension notice; providing for
submission of the officer's report to the Department of Highway Safety and
Motor Vehicles and review of the suspension by the department; providing
informal and formal procedures for conducting the review and requiring
notification of the department's decision; authorizing the department to
issue notice of suspension and temporary driving permits in certain
circumstances; providing for specified ineligibility of a license as to which
suspension was sustained; providing scope of review; providing for
appellate review; providing rulemaking authority and exemption from ch.
120, F.S.; prohibiting the consideration of a suspension in criminal
proceedings; amending s. 322.271, F.S.; expanding restrictions on issuance
of driving permits for business or employment use; amending s. 322.28,
F.S.; providing prohibitions on stay of suspension; amending s. 322.282,
F.S.; correcting a cross reference; amending s. 322.12, F.S.; providing an
additional reinstatement fee; repealing s. 322.261, F.S., relating to driver's
license suspension for refusal to submit to breath, blood, or urine test for
impairment; providing for act to be read in pari material with acts passed
during the regular session; providing effective dates.
-was taken up. On motion by Rep. Canady, the rules were waived by
two-thirds vote and the bill was read the second time by title.
The Committee on Rules & Calendar offered the following amendment:
Amendment 1-On page 1, between lines 9 and 10, insert:
Section 1. Section 322.056, Florida Statutes, is created to read:
322.056 Mandatory revocation or suspension of, or delay of eligibility
for, driver's license, for persons under 21 found guilty of certain alcohol
or drug offenses.-
(1) Notwithstanding s. 322.055, if a person under 21 years of age is
found guilty of or delinquent for a violation of s. 562.11(2), s. 562.111, or
chapter 893, and:
(a) The person is eligible by reason of age for a driver's license or
driving privilege, the court shall direct the department to revoke or to
withhold issuance of his driver's license or driving privilege for a period
of:



18



June 3, 1989









JOURNAL OF THE HOUSI



1. Not less than 3 months or more than 6 months, for the first
violation; or
2. Not less than 6 months or more than 1 year, for a subsequent
violation.
(b) The person's driver's license or driving privilege is under
suspension or revocation for any reason, the court shall direct the
department to extend the period of suspension or revocation by an
additional period of:
1. Not less than 3 months or more than 6 months, for the first
violation; or
2. Not less than 6 months or more than 1 year, for a subsequent
violation.
(c) The person is ineligible by reason of age for a driver's license or
driving privilege, the court shall direct the department to withhold
issuance of his driver's license or driving privilege for a period of:
1. Not less than 3 months or more than 6 months after the date on
which he would otherwise have become eligible, for the first violation; or
2. Not less than 6 months or more than 1 year after the date on which
he would otherwise have become eligible, for a subsequent violation.
(2) A penalty imposed under subsection (1) shall be in addition to any
other penalty imposed by law.
Section 2. Subsection (2) of section 562.11, Florida Statutes, is
amended to read:
562.11 Selling, giving, or serving alcoholic beverages to person under
age 21; misrepresenting or misstating age or age of another to induce
licensee to serve alcoholic beverages to person under 21; penalties.-
(2) It is unlawful for any person to misrepresent or misstate his age or
the age of any other person for the purpose of inducing any licensee or his
agents or employees to sell, give, serve, or deliver any alcoholic beverages
to a person under 21 years of age.
(a) Anyone convicted of violating this subsection the provision s hereof
is guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083.
(b) Any person under the age of 17 years who violates such provisions
shall be within the jurisdiction of the judge of the circuit court and shall
be dealt with as a juvenile delinquent according to law.
(c) In addition to any other penalty imposed for a violation of this
subsection, if a person uses a driver's license or identification card issued
by the Department of Highway Safety and Motor Vehicles in violation of
this subsection, the court may:
1. May order the person to participate in public service or a community
work project for a period not to exceed 40 hours; and
2. Shall direct the Department of Highway Safety and Motor Vehicles
to withhold issuance of, suspend, or revoke the person's driver's license or
driving privilege, as provided in s. 322.056 for a period not to exceed 1 year.
Section 3. Section 562.111, Florida Statutes, is amended to read:
562.111 Possession of alcoholic beverages by persons under age 21
prohibited.-
(1) It is unlawful for any person under the age of 21 years, except a
person employed under the provisions of s. 562.13 acting in the scope of his
employment, to have in his possession alcoholic beverages, except that
nothing herein contained shall preclude the employment of any person 18
years of age or older in the sale, preparation, or service of alcoholic
beverages in licensed premises in any establishment licensed by the
Division of Alcoholic Beverages and Tobacco or the Division of Hotels and
Restaurants. Notwithstanding the provisions of s. 562.45, any person under
the age of 21 who is convicted of a violation of this subsection section is
guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083; however, any person under the age of 21 who has
been convicted of a violation of this subsection section and who is
thereafter convicted of a further violation of this subsection section is,



upon conviction of the further offense, guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.



June 3, 1989



person for the purpose of inducing any alcoholic beverage licensee or his
agents or employees to sell, give, serve, or deliver any alcoholic beverages
to a person under 21 years of age; amending s. 562.111, F.S.; providing for
applicability of the provisions of s. 322.056, F.S., to persons under 21 years
of age who are convicted of possession of alcoholic beverages; amending s.



E OF REPRESENTATIVES 19

(2) In addition to any other penalty imposed for a violation of
subsection (1), the court shall direct the Department of Highway Safety
and Motor Vehicles to withhold issuance of, suspend, or revoke the
violator's driver's license or driving privilege, as provided in s. 322.056.
Section 4. Subsection (4) of section 316.655, Florida Statutes, is
amended to read:
316.655 Penalties.-
(4) Any person convicted of a violation of s. 316.027, s. 316.061, s.
316.067, s. 316.072, s. 316.192, s. 316.193, s. 316.1935, s. 316.2045(2), or s.
316.545(1) shall be punished as specifically provided in that section. If the
court finds that a minor committed any violation of any of the provisions
of this chapter, the court may also impose one or more of the following
sanctions:
(a) The court may reprimand or counsel the minor and his parents or
guardian.
(b) The court may require the minor to attend, for a reasonable period,
a traffic school conducted by a public authority.
(c) The court may order the minor to remit to the general fund of the
local governmental body a sum not exceeding the maximum fine applicable
to an adult for a like offense.
(d) The court may order the minor to participate in public service or
a community work project for a minimum number of hours. A minor who
participates in such a work program shall be considered an employee of the
state for the purposes of chapter 440.
(e) The court may impose a curfew or other restriction on the liberty
of the minor for a period not to exceed 6 months.
(f) If the court finds after a hearing, with notice to the minor, that the
minor has violated the terms of his sentence imposed for a conviction of
a criminal traffic offense, the court may suspend the minor's driver's
license. Upon receipt of a notice from the court, the Department of
Highway Safety and Motor Vehicles shall immediately suspend the
driver's license of the minor. After suspension of the driver's license of a
minor pursuant to this subsection, the license may not be reinstated until
the minor complies with all court directives imposed upon him, including
remittance of a sum to the general fund of the local governmental body
as provided for in paragraph (c), and presents certification of such
compliance to a driver licensing office and complies with any applicable
requirements of chapter 322.
However, except for a conviction of a violation of s. 316.027, a minor shall
not be imprisoned in an adult detention facility. If a minor is imprisoned
for a violation of s. 316.027, under no circumstances shall a minor be placed
in the same cell as an adult. The receiving facility shall have adequate staff
to supervise and monitor the minor's activities at all times. Nothing in this
paragraph prohibits the placing of two or more minors in the same cell.
Section 5. Amendments to sections of the Florida Statutes enacted by
this act shall not operate to repeal or otherwise negate amendments to
the same sections which may have been enacted at the 1989 Regular
Session of the Florida Legislature and which are not indicated herein, and
full effect shall be given to each, if that is possible. If provisions of this
act are in direct conflict with amendments enacted at the 1989 Regular
Session of the Legislature, the provisions of this act shall control.
Rep. McEwan moved the adoption of the amendment, which failed of
adoption.
The Committee on Rules & Calendar offered the following title
amendment:
Amendment 2-On page 1, line 2, after the semicolon insert: creating
s. 322.056, F.S.; providing for the mandatory revocation or suspension of,
or delay of eligibility for, driver's licenses, for persons under 21 years of age
found guilty of certain alcohol or drug offenses; amending s. 562.11, F.S.;
providing for applicability of the provisions of s. 322.056, F.S., to persons
convicted of misrepresenting or misstating their age or the age of any other









JOURNAL OF THE HOUSE OF REPRESENTATIVES



316.655, F.S.; relating to penalties for minors who have violated terms of -was taken up. On motion by Rep. Peeples, the rules were waived by
sentence imposed for a conviction of a criminal traffic offense; two-thirds vote and the bill was read the second time by title.



Rep. McEwan moved the adoption of the amendment, which was
adopted.
On motion by Rep. Canady, the House reconsidered the vote by which
Amendment 2 was adopted, and the amendment failed of adoption.
On motion by Rep. Canady, the rules were waived by two-thirds vote and
SB 5-A was read the third time by title. On passage, the vote was:
Yeas-96



The Chair
Abrams
Albright
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Carpenter
Clements
Cosgrove
Crotty
Dantzler
Davis
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Nays-11
Clark
Friedman
Hargrett



Figg
Frankel
Frishe
Geller
Glickman
Goode
Gordon
Graham
Grindle
Gutman
Hafner
Hanson
Harden
Harris
Hawkins
Hill
Hoffmann
Holland
Ireland
Irvine
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, D. L.


Healey
Martinez
Messersmith



Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Lombard
Long
Mackenzie
Mackey
McEwan
Mims
Mitchell
Mortham
Nergard
Ostrau
Patchett
Reddick
Rehm
Renke
Ritchie



Morse
Peeples
Press



Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Shelley
Silver
Simon
Simone
Sindler
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Wallace
Webster
Wetherell
Wise
Young



Reaves
Smith



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

SB 1-A-A bill to be entitled An act relating to the turnpike system;
amending s. 338.221, F.S.; revising definitions of terms used in ss. 338.22-
338.244, F.S.; amending s. 338.222, F.S.; authorizing the Department of
Transportation to contract with governmental entities for the design,
right-of-way acquisition, or construction of approved turnpike projects;
amending s. 338.223, F.S.; prohibiting turnpike projects unless determined
economically feasible; requiring turnpike projects to meet certain criteria
to be included in the 5-year plan; amending s. 338.227, F.S.; providing
legislative approval for specified turnpike projects under certain
conditions; creating s. 338.2275, F.S.; directing the Administration
Commission to determine the turnpike bonding capacity of the turnpike
system and to perform an economic feasibility study of certain projects;
providing for approval of certain projects; amending s. 338.231, F.S.;
providing for setting toll rates; providing conditions pursuant to which the
department would no longer be authorized to pay debt service of the
Sawgrass Expressway; amending s. 338.234, F.S.; authorizing the sale of
lottery tickets along the turnpike system; creating s. 338.250, F.S.;
providing requirements and procedures for environmental mitigation of
the Central Florida Beltway; providing for funding of such mitigation;
providing for land acquisition agents and procedures; amending s. 338.251,
F.S.; providing for repayment of advances from the Toll Facilities
Revolving Trust Fund; prohibiting agencies from intimidating or
improperly influencing the decisions of the Division of Bond Finance;
requiring agencies to provide the division the information it requires to
make decisions; providing for bond finance decisions by the
Administration Commission; providing for act to be read in pari material
with acts passed during the regular session; providing an effective date.



The Committee on Rules & Calendar offered the following amendment:
Amendment 1-Strike everything after the enacting clause and insert:
Section 1. Subsections (2), (7), and (9) of section 338.221, Florida
Statutes, 1988 Supplement, are amended and subsection (10) is added to
said section, to read:
338.221 Definitions of terms used in ss. 338.22-338.244.-As used in ss.
338.22-338.244, the following words and terms have the following
meanings, unless the context indicates another or different meaning or
intent:
(2) "Cost," as applied to a turnpike project, includes the cost of
acquisition of all land, rights-of-way, property, easements, and interests
acquired by the department for turnpike project construction; the cost of
such construction; the cost of all machinery and equipment, financing
charges, fees, and expenses related to the financing; establishment of
reserves to secure bonds; interest prior to and during construction and for
such period after completion of construction as shall be determined by the
department; the cost of traffic estimates and of engineering and legal
expenses, plans, specifications, surveys, estimates of cost and revenues;
other expenses necessary or incident to determining the feasibility or
practicability of acquiring or constructing any such turnpike project;
administrative expenses; and such other expenses as may be necessary or
incident to the acquisition or construction of a turnpike project, including
fees and expenses related to the permitting and approval of a turnpike
project, including environmental mitigation measures, the financing of
such acquisition or construction, and the placing of the turnpike project
in operation.
(3) "Feeder road" means any road no more than 5 miles in length,
connecting to the turnpike system which the department determines is
necessary to create or facilitate access to a turnpike project.
(7) "Turnpike improvement" means any betterment necessary or
desirable for the safe and efficient operation of the turnpike system,
including, but not limited to, the widening or resurfacing of any road on
the turnpike system and improvement or replacement of wideninngs
rfes.ufaeing- toll plazas, machinery, and equipment.
(9) "Turnpike project" means any turnpike improvement,
improvement to the turnpike system or any extension or expansion of to
the turnpike system statewide, including limited access toll highways and
associated feeder roads and other structures, interchanges, appurtenances,
or rights as may be approved in accordance with the Florida Turnpike Law.
(10) "Verification of environmental feasibility" means a preliminary
determination by the Department of Environmental Regulation, in
consultation with other affected environmental agencies, that the
proposed project, including such mitigation measures as may be
proposed, will meet all applicable environmental permitting
requirements. Applicable environmental permitting requirements shall
not be required to be met until the time of the sale of the turnpike bonds.
Section 2. Section 338.222, Florida Statutes, 1988 Supplement, is
amended to read:
338.222 Department of Transportation sole governmental entity to
acquire, construct, or operate turnpike system; exception.-
(1) No governmental entity other than the department may acquire,
construct, maintain, or operate the turnpike system subsequent to the
enactment of this law, except upon specific authorization of the
Legislature.
(2) The department may contract with any local governmental entity
as defined in s. 334.03(12) for the design, right-of-way acquisition, or
construction of any turnpike project which the Legislature has approved.
Local governmental entities may negotiate with the department for the
design, right-of-way acquisition, and construction of any section of the
turnpike project within areas of their jurisdiction or within counties with
which they have interlocal agreements.
Section 3. Subsection (1) of section 338.223, Florida Statutes, 1988
Supplement, is amended to read:



20



June 3, 1989










JOURNAL OF THE HOUSE OF REPRESENTATIVES



338.223 Proposed turnpike projects; turnpike system plan.-
(1)(a) The department shall develop and maintain a turnpike system
plan of limited access highways. The plan shall delineate the ultimate
connection of such highways into an interconnected statewide turnpike
system. Any project constructed or acquired as part of the turnpike system
shall be included in the department's turnpike system plan, the first 5
years of which shall be submitted by March 1 of each year to the
Legislature as part of, and along with, the 5-year transportation plan. No
turnpike project or group of turnpike projects shall be added to the
turnpike system plan unless determined to be economically feasible. The
department may authorize engineering studies, traffic studies, and other
expert studies of the location, costs, economic feasibility, and practicality
of turnpike projects throughout the state. If it is found economically
feasible, the project or group of projects may be added to the turnpike
system plan. Each such project or group of projects included in the
department's legislative budget request shall be prioritized according to
economic feasibility. The department shall construct, maintain, and
operate such turnpike projects approved by the Legislature in accordance
with s. 11(e), Art. VII of the State Constitution, or in accordance with s.
339.135, as part of the turnpike system.
(2) No (b) Any proposed turnpike project in the turnpike system
plan shall be included developed in accordance with thc Florida
Transportation Plan and the 5-year transportation plan pursuant to s.
339.135 unless the following criteria are met:
(a) Economic feasibility in accordance with s. 338.221(8);
(b) The project is contained in appropriate adopted local and
regional comprehensive plans; and
(c) The project is directly connected to the existing turnpike system
or connected to the existing turnpike system by noninterstate limited
access highways, and/or directly connected to the existing turnpike
system by a highway on the interstate system and/or by other turnpike
projects determined to be economically feasible in accordance with s.
338.221(8) within 20 years.
Turnpike projects that add capacity, alter access, affect feeder roads, or
affect the operation of the local transportation system shall be included in
the transportation improvement plan of the affected metropolitan
planning organization. If such turnpike project does not fall within the
jurisdiction of a metropolitan planning organization, the department shall
notify the affected county and provide for public hearings in accordance
with s. 339.155(7)(c).
Section 4. Subsection (3) of section 338.227, Florida Statutes, 1988
Supplement, is amended and subsections (4) and (5) and added to said
section to read:
338.227 Turnpike revenue bonds.-
(3) The Division of Bond Finance is authorized to issue revenue bonds
on behalf of the department to finance or refinance the cost of turnpike
projects approved by the Legislature in accordance with s. 11(e), Art. VII
of the State Constitution. Pursuant to s. 11(e), Art. VII of the State
Constitution, the Legislature hereby approves subject to the provisions of
s. 338.2275:
(a) The turnpike system as of July 1, 1988.
(b) Subject to verification of economic feasibility by the department in
accordance with s. 338.221(8), and verification of environmental feasibility
in accordance with s. 338.221(10), those projects listed in Alternative IV of
the April 1987 report on the Future of Florida's Turnpike as recommended
to the Legislature by the secretary to be financed by the issuance of
revenue bonds in an amount not to exceed $220 million.
(c) Subject to verification of economic feasibility by the department in
accordance with s. 338.221(8), an extension to the existing turnpike system
beginning at the present northern terminus of the turnpike near Wildwood
in Sumter County, to a point at Lebanon Station in Levy County, a
distance of approximately 43 miles, the exact route and termini to be



determined by the department, to be financed by the issuance of revenue
bonds and by the department with State Transportation Trust Fund
revenues.



(d) Subject to verification of economic feasibility by the department in
accordance with s. 338.221(8), an extension of the Sawgrass Expressway,
a project of the Broward County Expressway Authority, providing a
connection from the present northern terminus of the expressway to
Interstate 95, to be financed by the issuance of revenue bonds and by the
department with State Transportation Trust Fund revenues.
(e) Subject to verification of economic and environmental feasibility
by the department as required by s. 338.221(8), all turnpike projects and
project phases included in the first 5 years of the turnpike system plan
submitted to the Legislature on March 1, 1989, as part of the
department's 5-year transportation plan, including, but not limited to,
the following:
1. Dart Boulevard Interchange in Osceola County;
2. N.W. 106th Street Interchange in Dade County;
3. State Road 50 Interchange in Lake County;
4. N. W. 120th Street Interchange in Dade County;
5. Boynton Beach Boulevard Interchange in Palm Beach County;
6. N.W. 41st Street Interchange in Dade County;
7. N. W. 45th Street Interchange in Palm Beach County;
8. Palmer Expressway; a 5-mile limited access expressway in St. Lucie
County extending from Glades Cut-Off Road to U.S. 1;
9. The Polk County Parkway; a 26 mile four and six lane limited
access expressway in Polk County extending from the intersection of 1-4
and Clark Road near the Hillsborough County Line through Lakeland
near Drainfield Road eastward to U.S. 98 and then east and northward
to near Polk City to intersect with 1-4 near Mount Olive Road;
10. Southern Connector; a limited access expressway extending 24
miles from 1-4 south of Orlando to the Bee Line Expressway east of
Orlando;
11. Northwest Hillsborough Expressway; a 15.2 mile limited access
toll facility extending north from the Courtney Campbell Causeway near
the Tampa International Airport to Dale Mabry Highway (SR 597) just
north of Van Dyke Road;
12. Seminole County Expressway; a 4-lane limited access expressway
extending 12 miles from SR 426 near the Orange/Seminole County line
in east Orlando to U.S. 17-92;
13. Western Beltway; a limited access expressway extending 55 miles
from 1-4 near Sanford to 1-4 near Disney World; and
14. Branan Field/Chaffee Road Facility; a two-lane limited access
expressway extending north from SR 21 in Clay County to 103rd Street
in western Duval County.
(4) Nothing in this section shall be construed to prohibit the pledging
of revenues from the entire turnpike system to bonds issued to finance or
refinance a turnpike project, or group of turnpike projects.
(5) Any project enumerated in s. 338.227(3)(e)8.-14. shall be removed
as a turnpike project prior to the sale of bonds for such project upon
request of a unit of local government to the department provided the unit
of local government is financially and otherwise capable of construction
of the project.
Section 5. Section 338.2275, Florida Statutes, is created to read:
338.2275 1989 Projects.-
(1) The Administration Commission shall determine the turnpike
bonding capacity of the turnpike system as of October 1, 1989, which shall
include revenue from the following turnpike facilities:
(a) The turnpike system as of July 1, 1988.
(b) Those projects listed in Alternative IV of the April 1987 report on
the Future of Florida's Turnpike as recommended to the Legislature by the
secretary to be financed by the issuance of revenue bonds in an amount not
to exceed $220 million.
(c) All projects and project phases included in the first 5 years of the



turnpike system plan submitted to the Legislature on March 1, 1989, as
part of the department's 5-year transportation plan, including, but not
limited to, the following:



June 3, 1989



21










22 JOURNAL OF THE HOUSE

1. Dart Boulevard Interchange in Osceola County;
2. N.W. 106th Street Interchange in Dade County;
3. State Road 50 Interchange in Lake County;
4. N.W. 120th Street Interchange in Dade County;
5. Boynton Beach Boulevard Interchange in Palm Beach County;
6. N.W. 41st Street Interchange in Dade County;
7. N.W. 45th Street Interchange in Palm Beach County;
8. Palmer Expressway; a 5-mile limited access expressway in St. Lucie
County extending from Glades Cut-Off Road to U.S. 1;
9. The Polk County Parkway; a 26 mile four and six lane limited access
expressway in Polk County extending from the intersection of I-4 and
Clark Road near the Hillsborough County Line through Lakeland near
Drainfield Road eastward to U.S. 98 and then east and northward to near
Polk City to intersect with I-4 near Mount Olive Road;
10. Southern Connector; a limited access expressway extending 24
miles from I-4 south of Orlando to the Bee Line Expressway east of
Orlando;
11. Northwest Hillsborough Expressway; a 15.2 mile limited access toll
facility extending north from the Courtney Campbell Causeway near the
Tampa International Airport to Dale Mabry Highway (SR 597) just north
of Van Dyke Road;
12. Seminole County Expressway; a 4-lane limited access expressway
extending 12 miles from SR 426 near the Orange/Seminole County line in
east Orlando to U.S. 17-92;
13. Western Beltway; a limited access expressway extending 55 miles
from I-4 near Sanford to I-4 near Disney World; and
14. Branan Field/Chaffee Road Facility; a two-lane limited access
expressway extending north from SR 21 in Clay County to 103rd Street in
western Duval County.
(2) By October 1, 1989, the Department of Transportation shall
perform an economic feasibility study of each of the projects listed in s.
338.227(3)(e)1.-14. in accordance with s. 338.221(8). In the event an
economic feasibility study of a project is performed by a consultant for the
Department of Transportation, the consultant shall not have previously
performed an economic feasibility study of the same project. The
completion of said feasibility studies shall be the priority of the turnpike
and the appropriate district offices in which the projects listed in s.
338.227(3)(e) are located.
(3) In the event the Administration Commission determines that the
bonding capacity and revenue of the turnpike system are greater than the
total cost of improvements to the system and the additional economically
feasible revenue projects in s. 338.227(3)(e) and non-revenue projects listed
in s. 338.227(3), then the projects listed in s. 338.227(3)(e) which are
determined to be economically feasible pursuant to subsection (2) are
hereby approved by the Legislature to be financed or refinanced with
revenue bonds.
(4) In the event that the cost of the improvements to the system and
the additional revenue and non-revenue producing projects listed in s.
338.227(3)(e) determined to be economically feasible pursuant to
subsection (2) is greater than the bonding capacity and revenue of the
turnpike system determined by the Administration Commission, pursuant
to subsection (1) and:
(a) The bonding capacity and revenue of the turnpike system is
determined to be $1,300,000,000 or more, projects listed in the order of
priority established in s. 338.227(3)(e)1.-14. from highest to lowest,
respectively, with the highest priority being the project listed as number
one are hereby approved by the Legislature to be financed or refinanced



with revenue bonds.
(b) The bonding capacity and revenue of the turnpike system is
determined to be less than $1,300,000,000, the Legislature shall make a
determination as to the issuance of any revenue bonds to finance the
projects listed in s. 338.227(3)(e) and (f).



I]



E OF REPRESENTATIVES June 3, 1989

(5) Any project enumerated in s. 338.227(3)(e)8.-14. shall be removed
as a turnpike project prior to the sale of bonds for such project upon
request of a unit of local government to the department, provided the unit
of local government is financially and otherwise capable of construction of
the project.
Section 6. Subsections (1) and (3) of section 338.231, Florida Statutes,
1988 Supplement, are amended to read:
338.231 Turnpike tolls, fixing; pledge of tolls and other revenues.-The
department shall at all times fix, adjust, charge, and collect such tolls for
the use of the turnpike system, except on those nontoll roads designated
by the department as part of the turnpike system for which the department
will assume all costs from other than revenues, as are required in order to
provide a fund sufficient with other revenues of the turnpike system to pay
the cost of maintaining, repairing, and operating such turnpike system; to
pay the principal of and interest on all bonds issued to finance or refinance
any portion of the turnpike system as the same become due and payable;
and to create reserves for all such purposes.
(1)(a) In the process of effectuating toll rate increases over the period
1988 through 1992, the department shall, to the maximum extent feasible,
equalize the toll structure, within each vehicle classification, so that the per
mile toll rate will be approximately the same throughout the turnpike
system.
(b) New turnpike projects may have toll rates higher than the uniform
system rate where such higher toll rates are necessary to qualify the project
in accordance with the financial criteria in the turnpike law. Such higher
rates may be reduced to the uniform system rate when the project is
generating sufficient revenues to pay the full amount of debt service and
operating and maintenance costs at the uniform system rate.
(c) If, after 15 years of opening to traffic, the annual revenue of a
turnpike project does not meet or exceed annual debt service
requirements and operating and maintenance costs attributable to such
project, the department shall, to the maximum extent feasible, establish
a toll rate for the project higher than the uniform system rate as
necessary to make up such short fall.
(d) The department may, to the extent feasible, establish a temporary
toll rate at less than the uniform system rate for the purpose of building
patronage for the ultimate benefit of the turnpike system.
(e) In no case shall the temporary rate be established for more than 1
year. The requirements of this subsection shall not apply when the
application of such requirements would violate any covenant established
in a resolution or trust indenture relating to the issuance of turnpike bonds.
(3) In each fiscal year while any of the bonds of the Broward County
Expressway Authority series 1984 and series 1986-A remain outstanding,
the department shall is authorized to pledge revenues from the turnpike
system to the payment of principal and interest of such series of bonds, and
to the payment of operation and maintenance expenses of the Sawgrass
Expressway, to the extent gross tell revenues of the Sawgrass Expressway
are insufficient to make such payments. The terms of an agreement relative
to the pledge of turnpike system revenue will be negotiated with the parties
of the 1984 and 1986 Broward County Expressway Authority lease-
purchase agreements, and subject to the covenants of those agreements.
The agreement shall include repayment without interest by the
department of pledged gasoline tax funds actually expended by Broward
County, after July 6, 1988, on the Sawgrass Expressway. The agreement
shall establish that the Sawgrass Expressway shall be subject to the
planning, management, and operating control of the department limited
only by the terms of the lease-purchase agreements. The department shall
provide for the payment of operation and maintenance expenses of the
Sawgrass Expressway until such agreement is in effect. This pledge of
turnpike system revenues shall be subordinate to the debt service
requirements of any future issue of turnpike bonds, the payment of
turnpike system operation and maintenance expenses, and subject to
provisions of any subsequent resolution or trust indenture relating to the



issuance of such turnpike bonds. The agreement shall not remain in effect
after the department is repaid, without interest, for amounts expended
after execution of the agreement, for the payment of principal and
interest and payment of the operation and maintenance expenses of the
Sawgrass Expressway to the extent gross revenues of the Sawgrass









JOURNAL OF THE HOUSI



Expressway are insufficient to make such payments. Upon satisfaction
of this requirement and upon request by the Broward County Expressway
Authority, the department shall transfer planning, management, and
operating control of the facility to the Broward County Expressway
Authority.
Section 7. Subsection (1) of section 338.234, Florida Statutes, 1988
Supplement, is amended to read:
338.234 Prohibition against granting concessions or selling along the
turnpike system; exceptions; when information centers allowed;
Department of Citrus to advise on sale of citrus products.-
(1) The department is prohibited from granting concessions or selling
any services or products along the turnpike system, except for the sale of
motor fuel with attendant towing and maintenance facilities; the sale of
food with attendant nonalcoholic beverages; the sale of state lottery
tickets by authorized retailers; the granting of concessions for amusement
devices which operate by the application of skill, not including games of
chance as defined in s. 849.16 or other illegal gambling games; the sale of
Florida citrus, goods promoting the state or handmade goods produced
within the state; the granting of concessions for equipment which provides
travel information or tickets, reservations, or other related services; and
the granting of concessions for equipment which provides banking services.
The department may also provide information centers on the plazas for the
benefit of the public.
Section 8. Section 338.250, Florida Statutes, is created to read:
338.250 Central Florida Beltway Mitigation.-
(1) It is the intent of the Legislature that the adverse environmental
effects of the Central Florida Beltway, consisting of the Western Beltway,
Seminole County Expressway, and Southern Connector, which is of
regional transportation benefit, be mitigated through the acquisition of
lands and through environmental restoration or creation projects of
corresponding regional environmental benefit. The Legislature finds that
the acquisition of such lands is reasonably necessary for securing
applicable permits as provided in s. 337.27.
(2) Environmental mitigation required as a result of construction of the
beltway shall be accomplished in the following manner:
(a) Funds for environmental mitigation in an amount which is 5
percent of the estimated costs for right-of-way acquisition and
construction of the beltway shall be deposited in the Central Florida
Beltway Trust Fund created within the Department of Transportation at
the time the bonds for the specific project are sold. These funds shall be
provided from the bond proceeds of the turnpike system authorized by this
act. The maximum amount to be provided for the Seminole County
Expressway Authority shall be $4 million and the maximum for the
Western Beltway and Southern Connector shall be $46.5 million. The
interest of said funds, as earned, after the deposit into the Central Florida
Beltway Trust Fund shall accrue to the agency responsible for the right-of-
way acquisition and construction of the Central Florida Beltway.
(b) The Secretary of Environmental Regulation shall begin
immediately upon the effective date of this act to evaluate and review
mitigation lands. The Department of Environmental Regulation, in
consultation with the affected water management district and the
Environmental Advisory Group to the Central Florida Beltway Project,
shall, within 4 months after the effective date of this act, select the
appropriate acquisition lands for inclusion in mitigation plans.
(c) A decision by Seminole County Expressway Authority to enter into
the Central Florida Beltway Mitigation program established in this section
shall be at the sole discretion of the Seminole County Expressway
Authority. If the authority elects this participation, the selection of
mitigation lands shall be made pursuant to subsection (b), and contracts
to purchase, or the filing of declarations of taking pursuant to chapter 74
shall take place within 15 months after the effective date of legislation
authorizing the construction and funding of the beltway. The Department
of Environmental Regulation shall, in consultation with the
Environmental Advisory Group to the Seminole County Expressway



Authority and affected water management districts, select lands within the
Lake Jessup/St. Johns River hydrologic basin. The lands selected shall be
of regional environmental importance based upon criteria which include



June 3, 1989



projects. When using such appraisals, only one such appraisal shall be
required by the division to establish land values. Such appraisals may be
made by the agency responsible for the right-of-way acquisition of the
beltway either in conjunction with or separate from appraisals of property
necessary for right-of-way acquisition. For lands outside the Wekiva River



E OF REPRESENTATIVES 23

proximity to water bodies and other publicly held lands, wildlife and
endangered species, recreational benefits, and environmental
enhancement, restoration, and creation potential.
(d) The regional environmental benefit of the mitigation plan, as
successfully implemented, shall promote the public interest and clearly
outweigh the adverse environmental effects of the project and shall satisfy
all environmental mitigation requirements associated with the project. The
Department of Environmental Regulation shall assume the environmental
permitting responsibility for the beltway and attending mitigation
pursuant to interagency agreement with the affected water management
districts. The permits issued for this project may be reviewed in accordance
with s. 380.06(9) and the rules adopted pursuant thereto. The permitting
decision rendered by the Department of Environmental Regulation shall
be subject to review in accordance with s. 373.114(1). Notwithstanding any
of the timing provisions in this act, a closing on the acquisition of
mitigation land may not occur until environmental permits specifying
mitigation sites for the projects have been issued.
(e) The mitigation lands acquired for the Western Beltway and
Southern Connector shall be located within a proximity of ecosystems
affected by the beltway and shall be selected from within the Wekiva River,
Lake Apopka, and Upper Kissimmee chain-of-lakes hydrologic basins. The
lands selected shall be of regional environmental importance based upon
criteria which include proximity to water bodies and other publicly held
lands, wildlife and endangered species, recreational benefits, and
environmental enhancement, restoration, and creation potential.
(f) It is the intent of the Legislature that mitigation funds be
maximized to the greatest extent possible. Where feasible, mitigation
funds shall be supplemented with funds from the Conservation and
Recreational Lands Trust Fund, Save Our Rivers land acquisition
program, or from other appropriate sources. Of the total funds available
for the acquisition of mitigation lands:
1. Seventy percent shall be used to supplement the acquisition of lands
selected by the Department of Environmental Regulation within the
Wekiva River hydrologic basin if the execution of the contracts to purchase
or the filing of declarations of taking pursuant to chapter 74 for all such
lands occurs no later than 15 months after the issuance of bonds for any
portion of the beltway.
2. Thirty percent not to exceed $10 million shall be used to supplement
the acquisition of lands selected by the Department of Environmental
Regulation within the Upper Kissimmee chain-of-lakes hydrologic basin
adjacent to Lake Hatchineha and extending north to Lake Russell, as
recommended by the Environmental Advisory Group to the beltway, if the
execution of the contracts to purchase or the filing of such declarations of
taking pursuant to chapter 74 occurs no later than 8 months after the
effective date of this act.
To the extent that the execution of the contract to purchase or the filing
of declaration of taking pursuant to chapter 74 for the lands set forth in
this paragraph has not occurred within the timeframes specified in
subparagraphs 1., 2., and 3., funds not committed shall remain in the
Central Florida Beltway Project Trust Fund to be used only for acquisition
of mitigation lands, without regard to the percentage limitations specified
in subparagraphs 1., 2., and 3., which are located in the proximity of
ecosystems affected by the beltway. The Secretary of Environmental
Regulation shall consult with the Environmental Advisory Group to the
Central Florida Beltway Project or Seminole County Expressway
Authority, as appropriate, and the affected water management district
prior to the acquisition of the mitigation lands.
(g) For lands in the Wekiva River hydrologic basin, the Board of
Trustees of the Internal Improvement Trust Fund shall serve as the
acquisition agent for the Department of Environmental Regulation.
Section 253.025 notwithstanding, the Division of State Lands of the
Department of Natural Resources may contract with, or otherwise enter
into agreements with, the agency responsible for the right-of-way
acquisition of the beltway for the provision of appraisals of mitigation









JOURNAL OF THE HOUSE OF REPRESENTATIVES



hydrologic basin, the affected water management district shall serve as
acquisition agent for the Department of Environmental Regulation using
the procedures in accordance with s. 373.139. Title to lands which are
acquired by a water management district as mitigation lands shall be held
by the affected water management district and may be transferred, if
appropriate for management purposes, to the Board of Trustees of the
Internal Improvement Trust Fund or the Game and Fresh Water Fish
Commission. Management plans for mitigation lands shall be prepared and
implemented by the agency holding title to the lands in consultation with
the Environmental Advisory Group to the Central Florida Beltway Project
and other environmental agencies.
(h) The limitations of ss. 373.139(2) and 253.025, notwithstanding, an
affected water management district or the Board of Trustees of the
Internal Improvement Trust Fund may exercise all powers conferred by s.
337.27, in order to acquire the mitigation lands specified in this section. If
the declarations of taking pursuant to chapter 74 have not been filed prior
to the time specified in subparagraphs 1., 2., and 3. of paragraph (f), such
powers shall lapse.
Section 9. Section 338.251, Florida Statutes, is amended to read:
338.251 Toll Facilities Revolving Trust Fund.-The Toll Facilities
Revolving Trust Fund is hereby created for the purpose of encouraging the
development and enhancing the financial feasibility of revenue-producing
road projects undertaken by local governmental entities in a county or
combination of contiguous counties.
(1) The department is authorized to advance funds for preliminary
engineering, traffic and revenue studies, environmental impact studies,
financial advisory services, engineering design, right-of-way map
preparation, and advanced right-of-way acquisition to expressway
authorities, counties, or other local governmental entities that desire to
undertake revenue-producing road projects.
(2) No funds shall be advanced pursuant to this section unless the
following is documented to the department:
(a) The proposed facility is consistent with the adopted transportation
plan of the appropriate metropolitan planning organization and the
Florida Transportation Plan.
(b) A proposed project 2 year budget detailing the use of the cash
advance and a project schedule consistent with the budget.
(3) Prior to receiving any moneys for advance right-of-way acquisition,
it shall be shown that such right-of-way will substantially appreciate prior
to construction and that savings will result from its advance purchase. Any
such request for moneys for advance right-of-way acquisition shall be
accompanied by a preliminary engineering study, environmental impact
study, traffic and revenue study, and right-of-way maps along with either
a negotiated contract for purchase of the right-of-way, such contract to
include a clause stating that it is subject to funding by the department or
the Legislature, or an appraisal of the subject property for purpose of
condemnation proceedings.
(4) Each advance pursuant to this section shall require repayment out
of the initial bond issue revenue or, at the discretion of the governmental
entity of the facility, within 4 7 years after the date of the advance,
whichever occurs first. However, such election shall be made at the time
of the initial bond issue, and, if repayment is to bc madc during the 7 ycar
period, a schedule of such repayment shall be submitted to the department.
All repayments shall include interest charged at thc average compound
rate earned by the state. treasury in the year preceding that of the current.


(5) No amount in excess of $500,000 annually shall be advanced to any
one governmental entity pursuant to this section without specific
appropriation by the Legislature.
(6) The department may advance funds sufficient to defray shortages
in toll revenues of facilities receiving funds pursuant to this section for the
first 5 years of operation, up to a maximum of $5 million per year, to be
reimbursed to this fund within 5 years of the last advance hereunder. All
repayments shall include interest charged at the average compound ratec
earned by the state treasury in the year preceding that of the current



(7) The department shall adopt rules necessary for the implementation
of this section, including rules for project selection and funding.
Section 10. No agency of government shall attempt to intimidate or
otherwise improperly influence the decisionmaking of the Division of Bond
Finance of the Department of General Services. Every agency of
government shall provide the Division of Bond Finance with such
information as it may require with respect to said decisionmaking. In the
event that a question or problem relating to a bond finance decision of the
Division of Bond Finance arises, the same shall be taken to the
Administration Commission for resolution.
Section 11. If any law which is amended by this act was also amended
by a law enacted at the 1989 Regular Session of the Legislature, such laws
shall be construed as if they had been enacted by the same session of the
Legislature and full effect should be given to each if that is possible.
Section 12. This act shall take effect July 1, 1989, or upon becoming a
law, whichever occurs later.
Rep. Peeples moved the adoption of the amendment.
Representative Peeples offered the following amendment to the
amendment:
Amendment 1 to Amendment 1-On page 6, line 19, after "(8)"
insert: and (10)
Rep. Peeples moved the adoption of the amendment to the amendment,
which was adopted.
Representative Peeples offered the following amendment to the
amendment:
Amendment 2 to Amendment 1-On page 11, line 2, strike "and (f)"
Rep. Peeples moved the adoption of the amendment to the amendment,
which was adopted.
Representative Peeples offered the following amendment to the
amendment:
Amendment 3 to Amendment 1-On page 5, lines 25-27, strike all
of said lines and insert: the department in accordance with s. 338.221(8),
and verification of environmental feasibility in accordance with s.
338.221(10), those projects listed in Alternative IV of the
Rep. Peeples moved the adoption of the amendment to the amendment,
which was adopted.
Representative Peeples offered the following amendment to the
amendment:
Amendment 4 to Amendment 1-On page 5, line 14, strike "and"
and insert: of
Rep. Peeples moved the adoption of the amendment to the amendment,
which was adopted.
Representatives Bloom, Cosgrove, Simon, Abrams and Friedman offered
the following amendment to the amendment:
Amendment 5 to Amendment 1-On page 12, line 22, after the
period insert: (f) No toll rates shall be raised on the turnpike system which
existed as of the effective date of this act without specific legislative
authorization.
Rep. Bloom moved the adoption of the amendment to the amendment,
which failed of adoption.
Representative Bloom offered the following amendment to the
amendment:
Amendment 6 to Amendment 1-On page 8, lines 5-30; on page 9,
lines 1-31; on page 10, lines 1-31; and on page 11, lines 1-8 strike all of said
lines and insert:
Section 5. Section 338.2275, Florida Statutes, is created to read:
338.2275 1989 Projects.-
(1) The Administration Commission shall determine the turnpike



bonding capacity of the turnpike system as of October 1, 1989, which shall
include revenue from the following turnpike facilities:



payment-due. Any advance under this provision shall require specific
appropriation by the Legislature.



24



June 3, 1989









JOURNAL OF THE HOUSE OF REPRESENTATIVES



(a) The turnpike system as of July 1, 1988.
(b) Those projects listed in Alternative IV of the April 1987 report on
he Future of Florida's Turnpike as recommended to the Legislature by
he secretary to be financed by the issuance of revenue bonds in an
amount not to exceed $220 million.
(c) All projects and project phases included in the first 5 years of the
urnpike system plan submitted to the Legislature on March 1, 1989, as
)art of the department's 5-year transportation plan, including, but not
limited to, the following:
1. Dart Boulevard Interchange in Osceola County;
2. N.W. 106th Street Interchange in Dade County;
3. State Road 50 Interchange in Lake County;
4. N.W. 120th Street Interchange in Dade County;
5. Boynton Beach Boulevard Interchange in Palm Beach County;
6. N.W. 41st Street Interchange in Dade County;
7. N. W. 45th Street Interchange in Palm Beach County;
8. Palmer Expressway; a 5-mile limited access expressway in St. Lucie
County extending from Glades Cut-Off Road to U.S. 1;
9. The Polk County Parkway; a 26 mile four and six lane limited
access expressway in Polk County extending from the intersection of 1-4
Ind Clark Road near the Hillsborough County Line through Lakeland
tear Drainfield Road eastward to U.S. 98 and then east and northward
o near Polk City to intersect with 1-4 near Mount Olive Road;
10. Southern Connector; a limited access expressway extending 24
rLiles from 1-4 south of Orlando to the Bee Line Expressway east of
)rlando;
11. Northwest Hillsborough Expressway; a 15.2 mile limited access
oll facility extending north from the Courtney Campbell Causeway near
he Tampa International Airport to Dale Mabry Highway (SR 597) just
worth of Van Dyke Road;
12. Seminole County Expressway; a 4-lane limited access expressway
extending 12 miles from SR 426 near the Orange/Seminole County line
r east Orlando to U.S. 17-92;
13. Western Beltway; a limited access expressway extending 55 miles
rom 1-4 near Sanford to 1-4 near Disney World; and
14. Branan Field/Chaffee Road Facility; a two-lane limited access
xpressway extending north from SR 21 in Clay County to 103rd Street
a western Duval County.
(2) By October 1, 1989, the Department of Transportation shall
perform an economic feasibility study of each of the projects listed in s.
'38.227(3)(e)1.-14. in accordance with s. 338.221(8). In the event an
economic feasibility study of a project is performed by a consultant for
he Department of Transportation, the consultant shall not have
previously performed an economic feasibility study of the same project.
"he completion of said feasibility studies shall be the priority of the
urnpike and the appropriate district offices in which the projects listed
ri s. 338.227(3)(e) are located.
(3) In the event the Administration Commission determines that the
ending capacity and revenue of the turnpike system are greater than the
total cost of improvements to the system and the additional economically
easible revenue projects in s. 338.227(3)(e) and non-revenue projects
Listed in s. 338.227(3)(e), then the Legislature shall make a determination
s to the issuance of bonds to fund projects based upon prioritization as
sted in s. 338.227(3)(e)1.-14. so that the projects shall be funded in
umerical order as the projects are listed in s. 338.227(3)(e)1.-14. No
onds shall be issued without the specific authorization of the
legislature.
Rep. Bloom moved the adoption of the amendment to the amendment.
On motion by Rep. Stone, the rules were waived and debate was limited
3 two minutes per side on the amendments and the bill.



The question recurred on the adoption of Amendment 6 to Amendment
,which failed of adoption.



Representative Rush offered the following amendment to the
amendment:
Amendment 7 to Amendment 1-On page 9, line 16, after "Road;"
insert: provided however, that there shall be no tolls collected on that
portion of the Northwest Hillsborough Expressway which replaces the
existing freeway known as Eisenhower Boulevard, unless there exists other
free access on to and off of that same portion of the Expressway.
Rep. Rush moved the adoption of the amendment to the amendment.
During consideration thereof, without objection, the amendment was
withdrawn.
On motion by Rep. Rush, without objection, the rules were waived and
the following question and answer were spread upon the Journal:
Rep. Rush: Is it the intent of the Legislature to achieve what I have put
in my amendment as part of the bill?
Rep. Peeples: Yes, Mr. Rush, that is absolutely correct. There is no
intent to bond any additional road as, officially, part of the turnpike. As
a matter of fact, I don't believe it's legally possible to do it anyway.
The question recurred on the adoption of Amendment 1, as amended,
which was adopted.
Without objection, further consideration of SB 1-A was temporarily
deferred.

Recessed
On motion by Rep. Wetherell, the House stood in informal recess at 8:34
p.m. to reconvene upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 8:58 p.m.
A quorum was present.

Messages from the Senate

The Honorable Tom Gustafson, Speaker
I am directed to inform the House of Representatives that the Senate has
refused to concur in House amendments to SB 2-A.
Joe Brown, Secretary

SB 2-A-A bill to be entitled An act relating to growth management;
creating s. 163.3179, F.S.; providing for urban service areas in local
government comprehensive plans; requiring the state land planning agency
to establish guidelines for such areas by rule; providing criteria; providing
intent with respect thereto; amending s. 163.3161, F.S.; providing
legislative intent with respect to the Local Government Comprehensive
Planning and Land Development Regulation Act; amending s. 163.3164,
F.S.; redefining "development"; amending s. 163.3167, F.S.; revising
provisions relating to sanctions against local governments that fail to
submit a proposed comprehensive plan by the date required; amending s.
163.3171, F.S.; providing that the state land planning agency may waive or
modify requirements for comprehensive plans or plan amendments, except
concurrency, for certain municipalities, and providing requirements with
respect thereto; amending s. 163.3174, F.S.; providing duties of the local
planning agencies regarding comprehensive plan amendments; amending
s. 163.3177, F.S., relating to required and optional elements of
comprehensive plans; revising requirements relating to coordination of
plans; revising requirements relating to the capital improvements element,
mass transit element, and parking element; providing requirements for a
transportation system element; providing requirements for a plan element
for infill development and redevelopment; amending s. 163.3184, F.S.,
relating to the process for adoption of comprehensive plans and
amendments thereto; revising requirements and time periods relating to
intergovernmental review, local government review of comments and
adoption of plan or amendments and transmittal to specified agencies,
imposition of sanctions, review by the state and regional planning agencies,
and hearings regarding determination of compliance; providing procedures



and duties of the Administration Commission, the local government, and
the state land planning agency when a recommended order is to find a plan



25



June 3, 1989









JOURNAL OF THE HOUSE OF REPRESENTATIVES



in compliance or not in compliance; authorizing compliance agreements
between the state land planning agency and local governments and
providing requirements regarding remedial actions and plan amendments;
providing effect on administrative proceedings; amending s. 163.3187, F.S.;
revising requirements relating to comprehensive plan amendments that
may be approved without regard to limits on the frequency of such
amendments; providing for an annual report; providing that amendments
required by a compliance agreement may be approved without regard to
such limits; amending s. 163.3191, F.S.; providing a time period for
evaluation of initial comprehensive plans; amending s. 163.3202, F.S.;
changing the time for adoption of land development regulations; providing
additional requirements relating to land development regulations; making
retroactive the application of deadlines for adopting local land
development regulations and continuing certain pending actions; creating
s. 163.3216, F.S.; authorizing local governments to adopt sector plans as
amendments to comprehensive plans; providing requirements for
preparation, adoption, and amendment thereof; providing for fees;
providing for contents; providing for review; providing for rules; providing
for appeals; authorizing the state land planning agency to carry out sector
planning demonstration projects; requiring a report; providing for repeal;
creating s. 186.009, F.S.; providing for legislative review of the state
comprehensive plan; requiring the Executive Office of the Governor to
report to the Legislature and prepare a Strategic Growth Management
Implementation Plan; providing for adoption of the plan by rule; providing
requirements for the plan; providing for consistency of certain state agency
rules and expenditures; creating s. 339.178, F.S.; requiring the Department
of Transportation to adopt rules establishing financially feasible level-of-
service standards for roads on the State Highway System; providing
requirements for such rules; providing for notice and public hearings;
providing procedures for challenging rules establishing or modifying such
level-of-service standards; requiring the Florida Transportation
Commission to study the classification of roads on the State Highway
System; requiring a report; creating s. 163.709, F.S.; directing the Advisory
Council on Intergovernmental Relations to conduct an annual assessment
of local government funding and publish an index of average taxpayer
burden in each local jurisdiction; amending s. 335.182, F.S.; requiring
permits for connections to roads on the State Highway System from both
the Department of Transportation and any other permitting authority;
amending s. 335.1825, F.S.; revising requirements relating to such permits;
providing for permit conditions; providing for denial by the department
under certain conditions and for related local government action; providing
for expiration; providing for closing of unpermitted connections; repealing
s. 335.185, F.S., relating to permit conditions and expiration; amending s.
335.187, F.S., to conform; amending s. 335.188, F.S.; revising criteria for
assignment of a road segment to a specific access category; amending s.
335.189, F.S.; providing procedures and requirements for the department
to grant access permitting authority to certain other governmental entities;
providing conditions under which the department may invalidate a permit
issued by such entity; creating s. 163.3203, F.S.; creating the Florida Impact
Fee Law; providing for the assessment and payment of impact fees;
providing requirements with respect thereto; requiring governmental
entities to provide certain impact fee credits; creating s. 192.039, F.S.;
providing for property and structures or improvements to real property
that are substantially completed prior to January 1 of the current year to
be listed on a fractional-year assessment roll by the property appraiser and
assessed a prorated ad valorem tax; providing notice requirements;
providing for certain exemptions; amending s. 193.052, F.S.; providing for
filing returns for taxes on such property; requiring local governments and
lending institutions to give notice of provisions relating to the filing of
returns for property listed on a fractional-year assessment roll; amending
s. 212.055, F.S.; providing for the levy of a discretionary sales surtax
pursuant to an extraordinary vote of the county governing authority or
pursuant to referendum; providing notice requirements; authorizing
certain municipalities to levy a local government surtax pursuant to
referendum; amending s. 212.67, F.S.; renaming the Voted Gas Tax Trust
Fund as the County Gas Tax Trust Fund; amending s. 336.021, F.S.;
authorizing counties to impose a gas tax on fuel for county transportation
purposes pursuant to ordinance rather than referendum; providing for act
to be read in pari material with acts passed during the regular session;
providing effective dates.



(House amendments attached to original bill and shown on pages 7-18,
House Journal)



On motions by Rep. Wetherell, the House refused to recede from House
amendments to SB 2-A and again requested the Senate to concur therein.
The vote was:
Yeas-102



The Chair
Abrams
Albright
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Campbell
Canady
Carpenter
Clark
Clements
Cosgrove
Crotty
Dantzler
Davis
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Frankel
Nays-4
Goode



Friedman
Frishe
Geller
Glickman
Gordon
Graham
Grindle
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Ireland
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri



Irvine



The action, together with the
immediately certified to the Senate



Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Lombard
Long
Mackenzie
Mackey
Martinez
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Reaves
Rehm
Renke



Ritchie
Rojas
Rudd
Rush
Safley
Sansom
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Wallace
Webster
Wetherell
Wise
Young



Locke Roberts
bill and amendments thereto, was



Recessed
On motion by Rep. Lippman, the House recessed at 9:04 p.m. to
reconvene at 10:00 p.m. or upon call of the Speaker.

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

Messages from the Senate

The Honorable Tom Gustafson, Speaker
I am directed to inform the House of Representatives that the Senate has
passed HB 9-A.
Joe Brown, Secretary

The above bill was ordered enrolled.

Recorded Votes
Representative C. F. Jones:
Yea-SB 5-A

Reports of Standing Committees
The Committee on Rules & Calendar recommends the following pass:
HB 9-A
SB 1-A, with 1 amendment
SB 2-A, with 2 amendments
SB 4-A
SB 5-A, with 2 amendments



26



June 3, 1989









JOURNAL OF THE HOUSE OF REPRESENTATIVES



The above bills were placed on the Calendar.



Enrolling Reports



The Committee on Rules & Calendar recommends the following not HB 9-A has been enrolled, signed by the required Constitutional Officers
ass: and presented to the Governor on June 13, 1989.



SB 3-A
The above bill was laid on the table under the rule.



John B. Phelps, Clerk



Communications
ournmentCommunication was received from the Governor's Office advising that
On motion by Rep. Lippman, the House adjourned at 11:02 p.m. sine die. he had filed in the Office of the Secretary of State HB 9-A, which he
approved on June 28, 1989.



CHAMBER ACTION ON BILLS
SATURDAY, JUNE 3, 1989

HB 9-A-Read second time Amendment adopted Read third time
Passed as amended 100-3
SB 1-A-Read second time Amendment adopted
SB 2-A-Read second time Amendment adopted Read third time
Amendment adopted Passed as amended 72-36 Refused
to recede
SB 4-A-Read second time Read third time Passed 102-4
SB 5-A-Read second time Read third time Passed 96-11
[Source: Legislative Information Division]



CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1 through 27,
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-fourth House since Statehood
in 1845, convened under the Constitution, held June 3, 1989. Additionally,
there has been included a record of the transmittal of Acts and action taken
by the Governor subsequent to the sine die adjournment of the Special
Session.




Clerk of the House
Tallahassee, Florida
June 13, 1989



27



)I



June 3, 1989










INDEX


to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Special Session "A"

June 3,1989


















CONTENTS

Page
B ill Sponsors in "A Session .............................................................................................................................................. 29
M miscellaneous Subjects ...................................................................................................................................................... 29
Subject Index of House and Senate Bills, Resolutions and Memorials ....................................................................... 30
Bills, Resolutions and Memorials by Number, Subject, Sponsor and Disposition ..................................................... 34



28









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Bill Sponsors in "A" Session

[Source: Information Division, Joint Legislative Management Committee]

CANADY, CHARLES T.-44th District MCEWAN, BRUCE-38th District
Sponsored: 1-A Sponsored: 1-A, 3-A
CLEMENTS, S. L., JR.-62nd District PATCHETT, R. DALE-78th District
Sponsored: 3-A Sponsored: 1-A
DIAZ-BALART, LINCOLN-110th District
Sponsored: 1-A, 8-A REHM, GERALD S.-51st District
GLICKMAN, RONALD CARL-66th District Sponsored: 9-A
Sponsored: 2-A RENKE, JOHN K., II-49th District
HAFNER, LARS A.-54th District Sponsored: 1-A
Sponsored: 6-A
Sponsored: 6-A ROJAS, LUIS E.-109th District
HAWKINS, MARY ELLEN-75th District Sponsored: 9-A
Sponsored: 7-A
SILVER, RONALD A.-100th District
HOLLAND, J.J., JR.-67th DistrictSILVER, RONALD A. th District
Sponsored: 9-A Sponsored: 1-A
JAMERSON, DOUGLAS L.-55th District VALDES, CARLOS L.-ll2th District
Sponsored: 9-A Sponsored: 4-A, 5-A

















Miscellaneous Subjects



Subject Pages Subject Pages

BILLS PRA YER ............................................................. ............................... 1
SB 1-A, legislative intent of Amendment 7 to Amendment 1...........25AAT..... .....................
EXCUSED ABSENCES ....................................................... ............. ......2



INDEX



29









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-

ADVISORY COUNCIL ON INTERGOVERNMENTAL RELA-
TIONS
Local government funding analysis; development and submission to
Legislature, S2-A

APPOINTMENTS
Legislature
Special Correctional District Task Force, S6-A, H9-A

APPROPRIATIONS
Local Government Half-cent Sales Tax Clearing Trust Fund, revising
amount of annual funds appropriated from General Revenue
Fund, S2-A
Parole Commission
Early release program, implementation funding, S6-A, H9-A

ATTORNEYS AT LAW
Fees
Eminent domain proceedings, limitations on amount awarded; re-
duced by court, circumstances, S3-A

-B-

BICYCLES
Bicycle trails, pedestrian ways, exercise trails, riding facilities and
other recreational traffic, S2-A

BONDS
Infrastructure surtax, local governments; ordinance adoption in lieu
of referendum; proceeds used re retiring bond indebtedness, S2-A
Turnpike projects, revenue bond issuance, Sl-A

-C-

CAREER SERVICE
Correctional Education School Authority, exemption, S6-A, H9-A

COMMUNITY AFFAIRS, DEPARTMENT OF
Comprehensive plans, consistent with comprehensive regional plans;
local government determination, S2-A
Local government funding analysis; development and submission to
Legislature, S2-A

COMPREHENSIVE PLANNING
Adoption of plan and amendments; provisions revised, S2-A
Capital improvements, traffic circulation, mass-transit and parking
elements, requirements revised, S2-A
Content and format requirements, waive or modify; written agree-
ments, S2-A
Local Governments
Automatic extension of date for submission on request; adopt or
amend, additional time, S2-A
Developments, consistency with comprehensive plan; determina-
tion, S2-A
Incompletion; sanctions by Administrative Commission, S2-A
Land development regulations, adoption time extended, S2-A
Moratorium on development; permitting development, transporta-
tion projects; road degradation, prohibition, S2-A
Transportation, level of service proposed for state roads by local
governments, S2-A



COMPREHENSIVE PLANNING (Cont.)
Moratorium on development; permitting development, transportation
projects; road degradation, prohibition, S2-A
Optional and required elements; provisions revised, S2-A
Sector plans, adoption as amendments to comprehensive plans; prep-
aration and contents; annual reports and review, S2-A
Urban service areas, undeveloped land; promotion of mixed-use ur-
ban development; rules, S2-A

CONTRACTS
Private vendors for operation and maintenance of correctional facili-
ties; supervision of inmates, S6-A, H9-A

CORRECTIONAL OFFICERS
Private correctional institutions, firearm carrying, certification, use of
force and nondeadly force, S6-A, H9-A
Private vendors of correctional institutions; certification at expense of
vendor, S6-A, H9-A

CORRECTIONS, DEPARTMENT OF
Control Release Authority, uniform criteria re number and type of in-
mates being released into community under control release, S6-A,
H9-A
Correctional Education School Authority
Career service exemption, S6-A, H9-A
Prisoners
Control Release Authority, uniform criteria re number and type of
inmates being released into community under control release,
S6-A, H9-A
Controlled release, eligibility criteria, S6-A, H9-A
Early release credits, forfeiture; certain exemptions, S6-A, H9-A
Electronic monitoring of probationers or community control re-
leasees, 24 hours a day; state and county contracts, S6-A, H9-A
Gain-time
Drug sales, 1,000 feet of schools; convictees ineligible for
gain-time, S4-A, H5-A
Reimbursement of cost to state, S6-A, H9-A
Private vendors contract to construct, lease, or operate a private cor-
rectional facility; qualifications, standards, rules, S6-A, H9-A
Restitution and processing fees, collection and disbursement duties;
certain funds deposited Court-Ordered Payment Trust Fund,
S6-A, H9-A
Special Correctional District Task Force, created, S6-A, H9-A

COURTS
Restitution and processing fees, collection and disbursement by Cor-
rections Department; fund deposit criteria, S6-A, H9-A

CRIMES AND PENALTIES
Drugs
Drug-related offenses within 1,000 feet of school; minimum impris-
onment 3 years and no parole or statutory gain-time, S4-A,
H5-A
Manufactured unlawfully; person operating or in charge of facili-
ties; life imprisonment without parole, H4-A

CRIMES COMPENSATION
Award eligibility expanded, H2-A
Claims, filing time up to 5 years in lieu of 2 years, H2-A, H6-A
Elderly or disabled victims, related to or residing same household as
offender; award restriction; guidelines re priorities, H6-A
Hit-and-run accidents, victims; award eligibility, H8-A
Hit-and-run victims; minors sexually abused without discernible
physical effect; domestic violence victims; award eligibility, H2-A



30



INDEX










JOURNAL OF THE HOUSE OF REPRESENTATIVES



DRIVER LICENSES
Suspension or Revocation
Driving under influence; law officer's authority to arrest and issue
seven-day license for business purposes, S5-A, H1-A
Informal and formal review proceedings; reinstatement of license,
fee increased; breath, blood or urine tests refusal deleted, S5-A,
H1-A
Juvenile criminal traffic offense, driver license suspension until
compliance with court directives, S7-A, H3-A

DRIVING UNDER INFLUENCE
License Suspension or Revocation
Arrest by law officer, driver license suspended with seven-day tem-
porary permit for business purposes only, S5-A, H1-A
Informal and formal review proceedings; reinstatement of license,
fee increased; breath, blood or urine tests refusal deleted, S5-A,
Hi-A

DRUGS
Drug-related offenses within 1,000 feet of school; minimum imprison-
ment 3 years and no parole or statutory gain-time, S4-A, H5-A
Manufactured unlawfully; first conviction 15 years, second conviction
life imprisonment for person operating facilities, H4-A
Manufactured unlawfully; person operating or in charge of facilities;
life imprisonment without parole, H4-A

-E-

EDUCATION
Correctional Education School Authority, career service exemption,
S6-A, H9-A

EMINENT DOMAIN
Attorney fees; proceedings, limitations on amount awarded; court to
reduce amount awarded, circumstances, S3-A

ENVIRONMENTAL REGULATION, DEPARTMENT OF
Central Florida Beltway Mitigation, adverse environmental effects;
mitigation through acquisition of lands and restoration, Sl-A

-G-

GOVERNOR
Moratorium on development; permitting development determined by
Transportation Department to be degrading to roads prohibited,
S2-A
Reports
Transportation Commission
State Highway System functional classification of roads, S2-A

GROWTH MANAGEMENT
Public transit plan, inclusion of clear and precise statement of short
and long-term objectives; land use and parking policies, S2-A
Strategic Growth Management Implementation Plan, preparation and
submission to Speaker of House and President of Senate, S2-A
Urban service areas, undeveloped land; established in comprehensive
plans; promotion of mixed-use urban development; rules, S2-A



IMPACT
Capital improvements, traffic circulation, mass-transit and parking
elements, requirements revised, S2-A
Developments of Regional Impact
Development orders and permits; local government's reliance on
Transportation Department's 5-year plan, S2-A
Developments, local government determination re consistency with
comprehensive plan, S2-A
Impact Fee Law, created, S2-A
Public transit plan, inclusion of clear and precise statement of short
and long-term objectives; land use and parking policies, S2-A
Strategic Growth Management Implementation Plan, preparation and
submission to Speaker of House and President of Senate, S2-A



LEGISLATURE
Intergovernmental Relations Advisory Council
Local government funding; average taxpayer burden; transportation
improvement funding; analysis, S2-A
Joint Legislative Management Committee
Special Correctional District Task Force, created, S6-A, H9-A
Reports
Advisory Council on Intergovernmental Relations
Local government funding analysis, S2-A
Community Affairs Department
Local government funding analysis, S2-A
Strategic Growth Management Implementation Plan, S2-A
Transportation Commission; state highway system functional clas-
sification of roads, S2-A
Urban service areas administrative rules; review, reject, modify,
S2-A
1989 Regular Session Bills Affected by Special Session B
Turnpike projects, revenue bond issuance (S 1275), Sl-A

LOCAL GOVERNMENTS
Bicycle and pedestrian ways and accommodation of other recreational
traffic such as exercise trails and riding facilities, S2-A
Control Release Authority, uniform criteria re number and type of in-
mates being released into community under control release, S6-A,
H9-A
Infrastructure
Surtax
Ordinance adoption in lieu of referendum; proceeds, distribution;
use re planning, development and bond retirement, S2-A
Moratorium on development; permitting development determined to
be degrading to roads; prohibited, S2-A
Multimodal coordination of transportation to ports, airports and re-
lated facilities; local government provision of future needs, S2-A
Public transit plan, inclusion of clear and precise statement of short
and long-term objectives; land use and parking policies, S2-A
Transportation
Level of service proposed for state roads by local governments;
Transportation Department approval, S2-A
Urban service areas, undeveloped land; established in comprehensive
plans; promotion of mixed-use urban development; rules, S2-A

-M-

MINORS
Juvenile Delinquency
Criminal traffic offense, detained juvenile detention center for
specified period, S7-A, H3-A
Criminal traffic offense, driver license suspension until compliance
with court directives, S7-A, H3-A

MOTOR FUEL, SPECIAL FUEL AND OTHER POLLUTANTS
TAX
Gas Tax
Additional county tax, optional re ordinance enacted by majority
vote, S2-A
Seven cent local option gas tax, seventh cent expended for public
transit capital projects, operations, and maintenance, S2-A

-0-

OPEN GOVERNMENT SUNSET REVIEW
Eminent domain; condemning authority's income tax returns, state-
ments and operating books and records; certain exemptions, S3-A

-P-

PAROLE AND PROBATION
Control Release Authority, uniform criteria re number and type of in-
mates being released into community under control release, S6-A,
H9-A
Drugs manufactured unlawfully; first conviction 15 years without pa-
role, second conviction life imprisonment without parole, H4-A
Drugs manufactured unlawfully; person operating or in charge of fa-
cilities; life imprisonment without parole, H4-A



31



INDEX









JOURNAL OF THE HOUSE OF REPRESENTATIVES



PAROLE AND PROBATION (Cont.)
Electronic monitoring of probationers or community control releases,
24 hours a day; state and county contracts, S6-A, H9-A

PENAL AND CORRECTIONAL INSTITUTIONS
Correctional Education School Authority
Career service exemption, S6-A, H9-A
Correctional Facilities
Private correctional facilities, Corrections Department required to
solicit proposals from private vendors; state indemnification,
S6-A, H9-A
Prisoners
Control Release Authority, uniform criteria re number and type of
inmates being released into community under control release,
S6-A, H9-A
Controlled release, eligibility criteria, S6-A, H9-A
Early release credits, forfeiture; certain exemptions, S6-A, H9-A
Electronic monitoring of probationers or community control re-
leasees, 24 hours a day; state and county contracts, S6-A, H9-A
Gain-time
Drug sales, 1,000 feet of schools; convictees ineligible for
gain-time, S4-A, H5-A
Reimbursement of cost to state, S6-A, H9-A
Private correctional facilities, Corrections Department required to so-
licit proposals from private vendors; state indemnification, S6-A,
H9-A
Private vendors contract to construct, lease, or operate a private cor-
rectional facility; qualifications, standards, rules, S6-A, H9-A
Special Correctional District Task Force, created, S6-A, H9-A

POLICE OFFICERS
Electronic monitoring of probationers or community control releases,
24 hours a day; state and county contracts, S6-A, H9-A

POPULAR NAMES
Administrative License Suspensions (DUI), S5-A, H1-A
Central Florida Beltway Mitigation, Sl-A
Comprehensive Planning Revision, S2-A
Growth Management, S2-A
Impact Fee Law, S2-A
Prisoner Electronic Monitoring, S6-A, H9-A
Private Operation of Correctional Facilities, S6-A, H9-A
Special Correctional District Task Force, S6-A, H9-A

-R-

ROADS AND BRIDGES
Turnpikes
Central Florida Beltway Mitigation, adverse environmental effects;
mitigation through acquisition of lands and restoration, Sl-A
Concessions; lottery ticket-selling included in allowed sales and ser-
vices, Sl-A
Five-year plan; specified projects named; financing and refinancing,
Sl-A
Permitting and approval of projects, including environmental miti-
gation measures; inclusion in costs, S1-A
Right-of-way acquisition, design or construction; contracts with lo-
cal governments, Sl-A

-S-

SALES TAX
Discretionary Tax
Infrastructure surtax, ordinance in lieu of referendum; proceeds use
re planning, development and bond retirement, S2-A

SCHOOLS
Drug abuse, certain offenses within 1,000 feet of school; minimum im-
prisonment 3 years and no parole or statutory gain-time, S4-A,
H5-A
Students
Drug abuse, certain offenses within 1,000 feet of school; minimum
imprisonment 3 years and no parole or statutory gain-time,
S4-A, H5-A

SENTENCING
Drug abuse, certain offenses within 1,000 feet of school; minimum im-



prisonment 3 years and no parole or statutory gain-time, S4-A,
H5-A



SENTENCING (Cont.)
Drugs manufactured unlawfully; first conviction 15 years, second con-
viction life imprisonment without parole, H4-A
Drugs manufactured unlawfully; person operating or in charge of fa-
cilities; life imprisonment without parole, H4-A

SHERIFFS
Electronic monitoring of probationers or community control releases,
24 hours a day; state and county contracts, S6-A, H9-A

SPECIAL DISTRICTS
Special Correctional District Task Force, created, S6-A, H9-A

-T-

TAXATION
Ad Valorem Tax
Fractional-year assessment roll; return filing; notices by local gov-
ernments and lending institutions, S2-A, H7-A
Local infrastructure surtax, ordinance adoption in lieu of referendum;
proceeds used re planning, development and bond retirement,
S2-A
Property Appraisers
Fractional-year assessment roll, annual preparation, publication
and approval; valuation method, S2-A, H7-A

TRAFFIC CONTROL
Accidents
Hit-and-run victims; crimes compensation award eligibility, H2-A,
H6-A, H8-A
Juvenile criminal traffic offense, detained juvenile detention center
for specified period, S7-A, H3-A
Juvenile criminal traffic offense, driver license suspension until com-
pliance with court directives, S7-A, H3-A

TRANSPORTATION
Bicycle and pedestrian ways and accommodation of other recreational
traffic such as exercise trails and riding facilities, S2-A
Comprehensive planning, certain requirements of department re level
of service proposed for state roads by local governments, S2-A
Moratorium on development, prohibits local governments from per-
mitting development which department determines degrading to
roads, S2-A
Multimodal coordination of transportation to ports, airports and re-
lated facilities; local government provision of future needs, S2-A
Public transit plan, inclusion of clear and precise statement of short
and long-term objectives; land use and parking policies, S2-A
Turnpikes
Central Florida Beltway Mitigation, adverse environmental effects;
mitigation through acquisition of lands and restoration, Sl-A
Concessions; lottery ticket-selling included in allowed sales and ser-
vices, Sl-A
Five-year plan; specified projects named; financing and refinancing,
Sl-A
Permitting and approval of projects, including environmental miti-
gation measures; inclusion in costs, Sl-A
Right-of-way acquisition, design or construction; contracts with lo-
cal governments, S1-A

TRUST FUNDS
Court-Ordered Payment, S6-A, H9-A
Local Government Half-cent Sales Tax Clearing, S2-A
Revenue Sharing Reserve; Municipalities, S2-A

-V-

VICTIMS OF CRIMES
Award eligibility expanded, H2-A
Children, aged persons and disabled victims of crime, prioritized;
guidelines established to determine amounts of awards, H6-A
Filing of claims for compensation, division may extend filing time to
5 years in lieu of 2 years, H2-A, H6-A
Hit-and-run accidents, included in definition of "crime" for purposes
of victim assistance, H8-A



Hit-and-run drivers; minors sexually abused without discernible
physical effect; domestic violence victims; award eligibility, H2-A



32



INDEX









INDEX



JOURNAL OF THE HOUSE OF REPRESENTATIVES



WATER MANAGEMENT DISTRICTS
Central Florida Beltway Mitigation; land acquisition by affected dis-
tricts, Sl-A



33








JOURNAL OF THE HOUSE OF REPRESENTATIVES



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 numbers in boldfaced print indicate location of roll call votes on disposition.



Abbreviations:
CH-Chapter number, as passed
CS-Committee Substitute
CSP-Companion or similar bill passed
DCH-Died on House Calendar
DM-Died in Messages



HB-House Bill
ID-Introduction deferred
LTH-Laid on table in House
SB-Senate Bill
UHC-Unfavorable report by House committee



HB HB
1-A Drivers' Licenses/Suspension (Canady) 2 ID/CSP-SB 5-A 6-A Crimes Compensation/Victims (Hafner) 2 ID
2-A Crime Victim Compensation (Glickman) 2 ID 7-A Ad Val Tax/Fractional Yr. Assessment (Hawkins) 2 ID
3-A Driver's Licenses (McEwan) 2 ID 8-A Crime Victim Assistance (L. Diaz-Balart) 2-3 ID
4-A Controlled Substances/Manufactured (Valdes) 2 ID 9-A Correctional System (Jamerson) 3, 5, 6, 26-27 CH 89-526
5-A Drug Abuse Prevention & Control (Valdes) 2
ID/CSP-SB 4-A



SB



1-A Turnpike System (Beard) 3, 6, 20-26
DCH/CSP-CS/CS/HB 1317
2-A Growth Management (Meek) 3-4, 6-17, 18, 25-26 DM
3-A Eminent Domain/Attorney's Fees (Beard) 3-4, 27
UHC/LTH



4-A Drug Abuse Prevention & Control (Langley) 3-4, 6, 18, 26
CH 89-524
5-A Drivers' Licenses (Langley) 3-6, 18-19, 20, 26 CH 89-525



SB



34



INDEX