Journal of the Florida House of Representatives

Journal

of the

Florida

House of Representatives

Special

Session

June 19 through June 20, 1989

of the
Seventy-fourth House
since Statehood in 1845

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

"B"

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 thisdistrict]
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

Number 1

SThe Journal FTHE

House of Representatives

SECOND SPECIAL SESSION-"B" of 1988-1990

Monday, June 19, 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
Monday, June 19, 1989.

The House was called to order by the Honorable Tom Gustafson,
Speaker at 2:00 p.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, on the 3rd day of June 1989, a Proclamation of the
Governor was issued convening a Special Session of the Legislature
commencing at 11:00 a.m., Saturday, June 3, 1989, and extending through
11:59 p.m., Saturday, June 3, 1989, and
WHEREAS, the Legislature, during the 1989 Regular Session, and the
1989 Special Session, has failed to fully address transportation needs for
the State of Florida by failing to authorize bonding which would allow the
implementation of the expanded Turnpike System approved by the 1988
Legislature, and
WHEREAS, it is in the best interests of the citizens of Florida for the
Legislature to address other pressing issues regarding the protection of
children from injuries and death as a result of a child's access to an
unlawfully placed firearm, and
WHEREAS, the certain pressing needs of the Florida School for the
Deaf and the Blind should be addressed by the Legislature without further
delay, 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 the 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 2:00 p.m.,
Monday, June 19, 1989, and extending through 11:59 p.m., Wednesday,
June 21, 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 bonding to implement necessary turnpike
projects.
2. Legislation providing for the protection of children from injuries
and death as a result of access to unlawfully placed firearms.
3. Legislation to address the needs of the Florida School for the Deaf
and the Blind.

IN TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of
Florida to be affixed to this Proclamation convening
the Legislature in Special Session at the Capitol, this
14th day of June, 1989.
BOB MARTINEZ
Governor

ATTEST:
JIM SMITH
Secretary of State

Prayer
The following prayer was offered by Representative C. F. Jones:
Our Father God, we praise Your Name. We thank You for the
opportunity of serving in the Legislature, to represent the people, and to
do that which is pleasing in Your sight. And in the midst of the storm and
turmoil, we listen for the still, small voice of our God, reassuring us and
guiding us. We seek that, Lord. Forgive us our shortcomings and be with
us now as we serve the people. For we ask it in the name of our Savior.
Amen.
The following Members were recorded present:

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

Canady
Carpenter
Clark
Clements
Cosgrove
Crady
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly

Figg
Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman

Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine

1

Jli,

.E

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke

Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples

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

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

Excused: Representative Martin, due to illness; Representative Young,
due to a previous commitment outside the country on official business for
the Florida International Education Commission; Representative Rush,
due to scheduled court hearings in his district; Representative Martinez,
due to a personal commitment outside the state; Representative Reaves,
due to eye surgery; Representative Logan, after 6:00 p.m., due to a prior
commitment in his district; Representative Renke, until 4:00 p.m., due to
court hearing in his district.
A quorum was present.

Pledge
The Members pledged allegiance to the Flag.

House Physician
The Speaker announced that Representatives Kelly and D. L. Jones were
serving as doctors of the day.

The Journal
The Journal of June 3, Special Session "A" was corrected and, as
corrected, was approved.

Introduction and Reference

By Representatives Jennings, Cosgrove, Healey, Long, Bloom, Lombard,
Gordon, Safley, Shelley, Smith, Hanson, Guber, Thomas, King, Glickman,
Rehm, Juri, Easterly, Gutman, M. Diaz-Balart-
HB 1-B-A bill to be entitled An act relating to weapons and firearms;
providing legislative intent; adding a new section to chapter 790, F.S.;
making it unlawful to place a firearm in a place accessible to a child;
providing legislative purpose; providing definitions; providing penalties;
providing an effective date.
-was read the first time by title and referred to the Committees on
Criminal Justice and Appropriations.

By Representative Campbell-
HB 3-B-A bill to be entitled An act relating to the Florida School for
the Deaf and the Blind; creating s. 242.335, F.S.; requiring personnel
screening and security background investigations; providing prerequisites
for initial and continuing employment; providing conditions for
disqualification or termination from employment; specifying conditions for
disqualification for employment in positions providing care to students;
providing a penalty; amending s. 415.51, F.S.; providing for access by the
"school to certain confidential Department of Health and Rehabilitative
Services records; providing for act to be read in pari material with acts
passed during the preceding regular or special session; providing an
effective date.
-was read the first time by title and referred to the Committees on
Education and Appropriations.

By Representative Campbell-

investigations for the Florida School for the Deaf and the Blind; providing
prerequisites for initial and continuing employment; providing conditions
for disqualification or termination from employment; specifying conditions
for disqualification for employment in positions providing care to students;
providing a penalty; amending s. 415.51, F.S.; providing for access by the
school to certain confidential Department of Health and Rehabilitative
Services records; repealing s. 240.345(3), F.S., which authorizes community
college boards of trustees to levy an ad valorem tax for capital outlay
purposes; amending s. 240.3031, F.S.; removing provisions which specify
the counties served by state community colleges; providing effective dates.
-was read the first time by title and referred to the Committees on
Education, Finance & Taxation and Appropriations.

By Representative Guber-
HB 7-B-A bill to be entitled An act relating to weapons and firearms;
amending s. 790.17, F.S.; providing definitions; prohibiting furnishing
loaded weapons or firearms to minors in certain circumstances; prohibiting
leaving weapons or firearms accessible to minors in certain circumstances;
providing criminal penalties; providing for the act to be read in pari
material with certain prior acts; providing an effective date.
-was read the first time by title and referred to the Committees on
Criminal Justice and Appropriations.

By Representative Rush-
HB 16-B-A bill to be entitled An act relating to culpable negligence;
creating the "David Berger Child Protection Act"; providing legislative
findings and intent; amending s. 784.05, F.S.; providing enhanced penalties
for culpable negligence in storing or leaving a loaded firearm within the
reach or easy access of a minor; providing for mitigating circumstances and
for applicability of provisions; creating s. 790.175, F.S.; requiring specified
warnings when firearms are sold or transferred; providing a penalty;
providing an effective date.
-was read the first time by title and referred to the Committees on
Criminal Justice and Appropriations.

By Representative Patchett-
HB 18-B-A bill to be entitled An act relating to the turnpike system;
amending s. 338.221, F.S.; revising and providing 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 local 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 transportation plan;
amending s. 338.227, F.S.; approving 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 directing the department to perform economic feasibility
studies of certain projects; providing for approval of certain projects;
providing for phasing the issuance of bonds for certain projects; providing
for a request for proposals by the Governor and Cabinet for the selection
of underwriters to underwrite the turnpike bonds; amending s. 338.231,
F.S.; providing for setting toll rates; providing conditions pursuant to
which the department is no longer required to pay the debt service and
operating and maintenance costs of the Sawgrass Expressway; amending
s. 338.234, F.S.; authorizing the sale of lottery tickets along the turnpike
system; 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 resolution of bond finance
decisions by the Administration Commission; providing for act to be read
in pari material with certain prior acts; providing an effective date.

HB 4-B-A bill to be entitled An act relating to education; creating s. -was read the first time by title and referred to the Committees on
242.335, F.S.; requiring personnel screening and security background Highway Safety & Construction, Finance & Taxation and Appropriations.

2

June 19, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Recessed
On motion by Rep. Lippman, the House stood in informal recess at 2:15
p.m. to reconvene upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 4:32 p.m.
A quorum was present.

Introduction and Reference

By Representative Irvine-
HB 9-B-A bill to be entitled An act relating to criminal penalties;
amending s. 228.091, F.S.; increasing the penalties for trespass upon
grounds or facilities of public schools; amending s. 230.23, F.S.; providing
for school boards to add specified notice of possible criminal penalties to
codes of student conduct; amending s. 39.03, F.S.; requiring notification of
the district school superintendent or his designee of the arrest of a student
under certain circumstances; providing an exemption from public records
requirements; providing for future review and repeal; providing for
removal of information from school records; amending s. 790.01, F.S.;
providing for increased penalties for carrying concealed weapons or
firearms upon grounds or facilities of public and nonpublic schools;
amending s. 790.10, F.S.; adding destructive devices to weapons which may
not be improperly exhibited; providing for unlawful possession and
discharge of weapons and firearms on school property and at school
functions; providing a definition; providing exceptions; providing
penalties, including a mandatory minimum term of imprisonment for
unlawful possession or unlawful discharge in certain circumstances;
amending s. 790.06, F.S., to conform; providing for the act to be read in pari
material with certain prior acts; providing an effective date.
-was read the first time by title and referred to the Committees on
Criminal Justice and Appropriations.

By Representative Tobiassen-
HB 10-B-A bill to be entitled An act relating to education; amending
s. 232.26, F.S.; requiring the suspension and expulsion of any public school
student in grade 6 or above who has unauthorized possession of a firearm
or weapon while on certain public school property or in attendance at a
school function; prescribing procedures for expulsion; prescribing the
duration of the expulsion; authorizing alternative educational programs for
such students; providing conditions for reentry; amending s. 240.133, F.S.;
requiring the expulsion of any state university or community college
student who has unauthorized possession of a firearm or weapon while on
certain state university or community college property; prescribing the
duration of the expulsion; providing for act to be read in pari material with
certain prior acts; providing an effective date.
-was read the first time by title and referred to the Committees on
Education and Appropriations.

By Representative Langton-
HB 14-B-A bill to be entitled An act relating to weapons and firearms;
requiring the Department of Education in conjunction with the
Department of Law Enforcement and the Game and Fresh Water Fish
Commission to develop educational packages demonstrating the dangers
of unsupervised access to firearms by children; providing for interagency
cooperation; providing rulemaking authority; providing an appropriation;
providing for the act to be read in pari material with certain prior acts;
providing an effective date.
-was read the first time by title and referred to the Committees on
Education and Appropriations.

By Representative Rush--
HB 15-B-A bill to be entitled An act relating to weapons and firearms;
providing a short title; requiring the collection of a surcharge on the sale
of firearms and ammunition; requiring delivery and posting of warnings;
providing for a receipt; creating the Firearm Safety Education Trust Fund
within the Department of Law Enforcement and providing for deposits and

administration; providing for public education; providing criminal
penalties; providing an effective date.

-was read the first time by title and referred to the Committees on
Criminal Justice, Finance & Taxation and Appropriations.
Rep. C. F. Jones moved that HB 5-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
vote was:
Yeas-109

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Canady
Clark
Clements
Cosgrove
Crady
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Nays-1

Frankel
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.

Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Reddick

Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Safley
Sanderson
Sansom
Saunders
Simon
Simone
Sindler
Smith
Stone
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Johnson, R. C.
The motion was agreed to by the required Constitutional two-thirds vote
and-

By Representatives C. F. Jones, Gordon-
HB 5-B-A bill to be entitled An act relating to health care; providing
legislative findings and intent; requiring the Health Care Cost
Containment Board to conduct a study of public-sector purchasing of
health care coverage; requiring a report; requiring the Health Care Cost
Containment Board to convene a statewide conference of public-sector
health care purchasers; requiring the Health Care Cost Containment Board
to contract with the State University System to conduct the conference;
establishing the Florida Task Force on Private Sector Health Care
Responsibility; requiring reports and recommendations; providing for
membership, duties, powers, and compensation; providing for subpoenas,
audits, and investigations; providing confidentiality; requiring cooperation
of state agencies; establishing the Florida Task Force on Government
Financed Health Care; providing for policy recommendations; providing
for resource groups for the task force; providing for membership; providing
for staff; providing for per diem and travel expenses; providing
appropriations; providing for the act to be read in pari material with certain
prior acts; providing an effective date.
-was read the first time by title and referred to the Committees on
Health Care, Finance & Taxation and Appropriations.
Rep. Gordon moved that HB 12-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
vote was:
Yeas-109

The Chair
Abrams
Albright
Arnall

Arnold
Ascherl
Bainter
Banjanin

Bloom
Boyd
Bronson
Brown

Burke
Canady
Carpenter
Clark

June 19, 1989

3

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Cosgrove
Crady
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Nays-2
Clements

Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Lawson
Lewis
Liberti

Johnson, R. C.

Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Reddick
Rehm
Renke
Ritchie
Roberts
Rojas

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

The motion was agreed to by the required Constitutional two-thirds vote
and-

By Representatives Kelly, Lippman, Trammell, Gordon-
HB 12-B-A bill to be entitled An act relating to health care; providing
legislative findings and intent with respect to rural hospitals; amending s.
381.706, F.S.; exempting certain rural hospital programs from certificate-
of-need requirements; exempting rural hospitals and emergency care
hospitals from certificate-of-need application fees; amending s. 395.002,
F.S.; defining "emergency care hospital"; amending s. 154.205, F.S.;
amending the definition of health facility; providing for licensure;
providing for participation in Medicaid and other programs and services;
providing an exemption from certificate-of-need requirements; providing
for rules; providing for a feasibility study for developing certain
postsecondary allied health training and scholarship programs; providing
for a rural hospital impact statement; amending s. 395.102, F.S.; clarifying
the definition of "rural hospital"; including specified health personnel in
a loan forgiveness program; providing for an alternative use of funds if
federal matching funds are available; amending s. 400.602, F.S.,
authorizing the transfer of a hospice to certain entities; amending s.
407.002, F.S.; clarifying the definition of "rural hospital"; establishing the
Center for Health Technologies to be located at and administered by a
statutory teaching hospital in Dade County; establishing objectives of the
center; providing for the administration of the center; requiring reports;
authorizing the administrator of the center to accept certain funds;
amending s. 395.041, F.S.; relating to internal risk management programs;
increasing the time period for filing reports of certain incidents; amending
s. 381.703, F.S.; modifying the list of facilities subject to assessment;
modifying the facility fee assessment methodology; providing rulemaking
authority for the Department of Health and Rehabilitative Services;
amending s. 381.708, F.S.; increasing the maximum fee on certificate-of-
need applications; providing an appropriation; providing effective dates.
-was read the first time by title and referred to the Committees on
Health Care, Finance & Taxation and Appropriations.
Rep. Jamerson moved that HB 11-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call.
Without objection, further consideration of the motion to admit HB
11-B was temporarily deferred.
Rep. Peeples moved that HB 8-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
vote was:
Yeas-101

The Chair
Abrams
Albright
Arnold
Ascherl
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Canady
Clark
Cosgrove
Crady
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Friedman
Frishe
Geller
Nays-11
Arnall
Bainter
Carpenter

Glickman
Goode
Gordon
Graber
Grindle
Guber
Gutman
Hafner
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.
Jones, C. F.
Jones, D. L.
Juri
Kelly

Clements
Crotty
Dantzler

Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Rehm
Renke
Ritchie
Roberts

Graham
Hanson
Holzendorf

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

Johnson, R. C.
King

The motion was agreed to by the required Constitutional two-thirds vote
and-

By Representative Peeples-
HB 8-B-A bill to be entitled An act relating to transportation;
amending s. 120.53, F.S.; revising a provision of the Administrative
Procedure Act with respect to agency notice of a decision on bids to allow
notification by express delivery service; amending s. 337.11, F.S.; revising
provisions relating to contracting with the Department of Transportation;
providing for bid solicitation notices with respect to certain contracts;
revising language with respect to protests, bids, and recordkeeping;
amending s. 337.16, F.S.; providing an exception to the requirement of
disqualification of delinquent contractors; correcting a cross reference;
amending s. 337.175, F.S.; revising language with respect to retainage;
providing an effective date.
-was read the first time by title and referred to the Committees on
Highway Safety & Construction and Appropriations.
Rep. Silver moved that HB 6-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
vote was:
Yeas-109

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Canady
Clark
Clements
Cosgrove

Crady
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode

Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Huenink

Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan

4

June 19, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard

Ostrau
Patchett
Peeples
Press
Renke
Ritchie
Roberts
Rojas
Rudd
Safley
Sanderson

Sansom
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Stone
Thomas
Tobiassen

Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Nays-3
Carpenter Holzendorf Johnson, R. C.
Votes after roll call:
Nays to Yeas-Holzendorf
The motion was agreed to by the required Constitutional two-thirds vote
and-

By Representative Silver-
HB 6-B-A bill to be entitled An act relating to stolen property;
amending ch. 538, F.S.; creating Part I, Second-Hand Dealers, consisting
of ss. 538.03, 538.04, 538.05, 538.06, 538.07, 538.08, 538.09, 538.11, 538.15,
538.16, and 538.17, F.S.; and creating Part II, Secondary Metals Recyclers,
consisting of ss. 538.18, 538.19, 538.20, 538.21, 538.22, 538.23, 538.24,
538.25, and 538.26, F.S.; providing definitions; providing recordkeeping
requirements, verification requirements, and criminal penalties; providing
for inspection of records and premises; mandating holding periods in
certain circumstances; providing penalties; providing pleading for return
of stolen property and providing procedure; providing for registration of
second-hand dealers and secondary metals recyclers with the Department
of Revenue; providing fees and establishing the Second-Hand Dealer and
Secondary Metals Recycler Clearing Trust Fund; providing for
fingerprinting; providing for a fine for violations and for denial,
suspension, or revocation of registration; providing powers and duties of
department; providing for rules; prohibiting certain acts and practices;
providing for disposal of property held by pawnbrokers and requiring
notice; authorizing local regulation; amending s. 680.104, F.S.; providing
for precedence over the Uniform Commercial Code; repealing ss. 538.01,
538.011, 538.012, 538.014, 538.016, 538.018, 538.019, 538.02, and 538.021,
F.S., relating to precious metals dealers, junk dealers, scrap-metal
processors, and foundries; repealing ss. 715.04, 715.041, 715.0415, and
715.042, F.S., relating to pawnbrokers; providing for the act to be read in
pari material with certain prior acts; providing an effective date.
-was read the first time by title and referred to the Committees on
Criminal Justice and Appropriations.

Messages from the Senate

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

By Senators Beard and Kiser-

in ss. 338.22-338.244, F.S.; amending s. 338.222, F.S.; authorizing the
Department of Transportation to contract with local 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 transportation plan;
amending s. 338.227, F.S.; approving 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 directing the department to perform economic feasibility
studies of certain projects; providing for approval of certain projects;
providing for phasing the issuance of bonds for certain projects; providing
for a request for proposals by the Governor and Cabinet for the selection
of underwriters to underwrite the turnpike bonds; amending s. 338.231,
F.S.; providing for setting toll rates; providing conditions pursuant to
which the department is no longer required to pay the debt service and
operating and maintenance costs of the Sawgrass Expressway; amending
s. 338.234, F.S.; authorizing the sale of lottery tickets along the turnpike
system; 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 resolution of bond finance
decisions by the Administration Commission; providing for act to be read
in pari material with certain prior acts; providing an effective date.
-was read the first time by title and referred to the Committees on
Highway Safety & Construction, Finance & Taxation and Appropriations.
Rep. Renke moved that a bill relating to developments of regional impact
as passed in CS/HBs 1460 & 1273 of 1989 Regular Session be admitted for
introduction, the Speaker having ruled the measure was outside the
purview of the Call, which was agreed to by the required Constitutional
two-thirds vote. Introduction of the bill was temporarily deferred.

Waiver of Rule 6 for Committee Meetings and Bills
On motion by Rep. Peeples, Chairman, without objection, the rules were
waived and the Committee on Highway Safety & Construction was given
permission to meet at 5:15 p.m. today to consider HBs 18-B, 8-B and SB
3-B.

Announcement
Rep. Lippman announced the following meetings, to be held tomorrow:
Criminal Justice, 8:00 a.m., Health Care, 8:30 a.m., and Education, 8:30
a.m.
Rep. Lippman moved that the House, after receiving Reports, stand in
recess for the purpose of holding committee meetings and conducting other
House business to reconvene at 10:30 a.m. tomorrow. The motion was
agreed to.

Recessed

SB 3-B-A bill to be entitled an act relating to the turnpike system; The House recessed at 4:57 p.m. to reconvene at 10:30 a.m. Tuesday,
amending s. 338.221, F.S.; revising and providing definitions of terms used June 20.

5

June 19, 1989

"The JournalOFTHE

House of Representatives

SECOND SPECIAL SESSION-"B" of 1988-1990

Tuesday, June 20, 1989

Number 2

The House was called to order by the Speaker at 10:30 a.m.

Prayer
The following prayer was offered by Representative Cosgrove:
Lord, this is the day that You have made, let us be grateful. Help us to
remember that which unites us for Florida, rather than that which may
divide us for whatever reason or purpose. For truly our responsibility is to
do Your will on Earth as we ask for courage to change the things that we
must, serenity to accept the things we cannot change and wisdom to know
the difference. Amen.
The following Members were recorded present:

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Carpenter
Clark
Clements
Cosgrove
Crady
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg

Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings

Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press

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

Excused: Representative Martin, due to illness; Representative Young,
due to a previous commitment outside the country on official business for
the Florida International Education Commission; Representative
Martinez, due to personal commitment outside the state; Representative
Reaves, due to eye surgery.
A quorum was present.

Pledge
The Members pledged allegiance to the Flag.

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

The Journal
The Journal of June 19, was corrected and, as corrected, was approved.

Change of Party Affiliation
A communication was received from Representative Canady advising of
his change of party affiliation on June 8, 1989 from Democrat to
Republican.

Introduction and Reference
Rep. Ascherl moved that HB 20-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
vote was:
Yeas-63

The Chair
Abrams
Arnold
Ascherl
Banjanin
Bloom
Boyd
Burke
Clark
Cosgrove
Crady
Davis
Diaz-Balart, L.
Diaz-Balart, M.
Easterly
Flagg
Nays-45
Albright
Arnall
Bainter
Bronson
Brown
Campbell
Carpenter
Clements
Crotty

Frankel
Friedman
Geller
Goode
Gordon
Guber
Gutman
Hafner
Hargrett
Harris
Hawkins
Healey
Hill
Ireland
Irvine
Jennings

Dantzler
Drage
Figg
Frishe
Graber
Graham
Grindle
Hanson
Harden

Jones, C. F.
Juri
Langton
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Long
Mackenzie
Mims
Morse
Nergard
Ostrau
Press

Hoffmann
Holland
Holzendorf
Huenink
Jamerson
Johnson, B. L.
Johnson, R. C.
Jones, D. L.
King

Reddick
Ritchie
Rojas
Rudd
Rush
Saunders
Simon
Sindler
Smith
Tobin
Troxler
Valdes
Wallace
Wetherell
Wise

Mackey
McEwan
Messersmith
Mitchell
Mortham
Patchett
Peeples
Rehm
Renke

6

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

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Roberts
Safley
Sansom

Simone
Stone

Thomas
Tobiassen

Trammell
Webster

Votes after roll call:
Yeas-Silver, Deutsch
The motion was not agreed to by the required Constitutional two-thirds
vote and HB 20-B was not admitted for introduction. Subsequently, on
motion by Rep. McEwan, the House reconsidered the vote by which the
motion to admit HB 20-B for introduction failed of adoption. The question
recurred on the motion to admit. The vote was:
Yeas-93

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Cosgrove
Crady
Davis
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Nays-20
Carpenter
Clements
Crotty
Dantzler
Deutsch

Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Guber
Gutman
Hafner
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jennings

Graham
Grindle
Hanson
Jamerson
Johnson, B. L.

Jones, C. F.
Jones, D. L.
Juri
Langton
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Morse
Mortham
Nergard
Ostrau
Patchett
Press
Reddick
Rehm

Johnson, R. C.
King
Lawson
Mitchell
Renke

Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Saunders
Silver
Simon
Sindler
Smith
Thomas
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Sansom
Shelley
Simone
Stone
Tobiassen

The motion was agreed to by the required Constitutional two-thirds vote
and-

By Representative Ascherl-
HB 20-B-A bill to be entitled An act relatirig to jurors; authorizing the
Supreme Court to establish a pilot program for the selection of jurors from
lists of licensed drivers in addition to registered electors; providing for
reports to the Legislature; providing duties of the Department of Highway
Safety and Motor Vehicles; amending s. 25.241, F.S.; providing additional
filing fees; amending s. 28.241, F.S.; providing an additional service charge;
providing for a surcharge; amending s. 35.22, F.S.; increasing certain filing
fees; amending s. 40.24, F.S.; increasing mileage fees and the pay of jurors;
amending s. 40.31, F.S.; authorizing the State Courts Administrator rather
than the Comptroller to apportion appropriations for the expenses of
jurors and witnesses under certain circumstances; amending s. 40.32, F.S.;
revising language with respect to the disbursal of money by the clerk of the
court; amending s. 40.34, F.S.; including reference to the State Courts
Administrator with respect to certain payrolls of the clerk of the court;
amending s. 92.142, F.S.; providing an increase in witness pay and mileage
allowance for witnesses; amending s. 905.37, F.S.; to conform to the act;
creating s. 318.23, F.S.; authorizing clerks of the court to impose a service
charge for traffic infraction transactions occurring at branch offices;
providing appropriations; repealing s. 40.29, F.S.; relating to the duty of the
clerk to estimate the amount of pay of jurors and witnesses and to make
requisition; repealing s. 40.30, F.S.; relating to the requirements that
certain requisitions must be endorsed by the Comptroller and
countersigned by the Governor; repealing s. 40.33, F.S.; relating to

deficiencies with respect to requisition for compensation of jurors and
witnesses; providing effective dates.
-was read the first time by title and referred to the Committee on Rules
& Calendar.

By Representatives C. F. Jones, Renke, Long-
HB 21-B-A bill to be entitled An act relating to developments of
regional impact; amending s. 380.06, F.S.; modifying conditions for
preliminary development agreements; providing for consistency with the
State Comprehensive Plan for certain developments; modifying provision
relating to credits against local impact fees; modifying provisions relating
to proposed changes which create a substantial deviation from an approved
development; authorizing regional planning agencies to collect fees for the
conduct of development-of-regional-impact and Florida Quality
Development review; providing for uniform criteria for and limitations on
fees; providing an exemption; authorizing the state land planning agency
to establish a local government process relating to the abandonment of a
development of regional impact by a developer; amending s. 380.061, F.S.;
modifying procedure for review and issuance of development orders under
the Florida Quality Developments program; providing for appeal of
development orders; amending s. 380.0651, F.S.; modifying an exemption
from development-of-regional-impact review for certain port facilities;
amending s. 944.095, F.S.; providing an exemption for the siting of state
correctional facilities; providing an effective date.
-was read the first time by title and referred to the Committee on Rules
& Calendar.
Rep. Jamerson renewed his motion of June 19, that HB 11-B be
admitted for introduction, the Speaker having ruled the measure was
outside the purview of the Call. The vote was:
Yeas-98

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Canady
Cosgrove
Crady
Davis
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Frankel
Friedman
Nays-11
Campbell
Carpenter
Clements

Frishe
Geller
Goode
Gordon
Graber
Grah,.m
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.
Jones, C. F.

Crotty
Dantzler
Grindle

Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Patchett
Peeples
Press
Reddick

Huenink
Johnson, R. C.
Sansom

Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Saunders
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Stone
Tobiassen

Votes after roll call:
Yeas-Deutsch
The motion was agreed to by the required Constitutional two-thirds vote
and-

By Representative Jamerson-
HB 11-B-A bill to be entitled An act relating to the correctional
system; amending s. 119.07, F.S.; exempting from public inspection records

June 20, 1989

7

JOURNAL OF THE HOUSE OF REPRESENTATIVES

of a medical review committee created by the Department of Corrections
or the Correctional Medical Authority; providing for review of such
exemption pursuant to the Open Government Sunset Review Act;
amending s. 216.136, F.S.; revising duties of the Criminal Justice
Estimating Conference relating to forecasts of prison admissions;
amending s. 941.45, F.S.; providing for delineation of the Interstate
Agreement on Detainers by articles rather than subsections; amending s.
944.023, F.S.; requiring the department to develop a comprehensive
correctional master plan; providing for the plan to be updated and
submitted to the Governor and Legislature; specifying purposes and
contents of the plan; amending s. 944.277, F.S.; limiting the group of
inmates who may be released into the provisional release supervision
program; requiring conditional release supervision to be substituted for
provisional release supervision under certain circumstances; amending s.
944.28, F.S.; authorizing forfeiture of gain-time upon revocation of
provisional release, probation, or community control; amending s. 944.291,
F.S.; providing for inmates who are released by reason of provisional
credits to be under the supervision and control of the department;
amending s. 945.602, F.S.; increasing the number of members on the
governing board of the State of Florida Correctional Medical Authority;
revising qualification for members of the authority; deleting obsolete
provisions; providing for staggered terms of the members added to the
authority; requiring the authority to report to the Governor its
recommendation concerning the establishment of a nonprofit corporation
to lease and manage correctional medical services for the department;
amending s. 947.005, F.S.; defining the term "provisional release date" for
purposes of ch. 947, F.S.; amending s. 947.1405, F.S.; providing additional
requirements for inmates released under the conditional release program;
amending s. 948.06, F.S.; authorizing the forfeiture of gain-time upon
revocation of probation or community control; repealing s. 944.096(1), F.S.,
relating to the inmate-to-population ratio used to plan future capital
outlay of the department; repealing s. 945.603(15), F.S., relating to a
reporting requirement of the State of Florida Correctional Medical
Authority; reenacting s. 20.32, F.S.; continuing the Parole Commission;
repealing ss. 33 and 34, chapter 83-131, Laws of Florida, as amended,
relating to the termination of the Parole Commission and its powers and
duties; providing for future repeal of s. 20.32, F.S., and ch. 947, F.S.,
relating to the Parole Commission, and providing for review of said
provisions in advance of repeal; providing for act to be read in pari material
with certain prior acts; providing for retroactive application; providing
effective dates.

Sindler
Smith
Thomas
Nays-9
Carpenter
Crotty
Dantzler

Tobin
Trammell
Troxler

Glickman
Huenink

Valdes
Wallace
Webster

Johnson, R. C.
Sansom

Wetherell
Wise

Stone
Tobiassen

Votes after roll call:
Yeas-Sanderson
The motion was agreed to by the required Constitutional two-thirds vote
and-

By Representatives Wetherell, Ostrau, Messersmith-
HB 22-B-A bill to be entitled An act relating to contributions;
amending s. 106.011, F.S.; modifying the definition of "political
committee"; amending s. 4 of Committee Substitute for Senate Bill 132,
1989 Regular Session; delaying the effective date of a provision relating to
certain statements of contributions to elected public officers; providing an
effective date.
-was read the first time by title and referred to the Committee on Rules
& Calendar.

Announcements
Rep. Lippman announced a meeting of the Rules Committee
immediately following informal recess today.

Motions Relating to Committee References
On point of order by Rep. Mackenzie, Chairman, that they do not affect
taxation, the following bills were removed from the Committee on Finance
& Taxation and remain referred to the Committee on Appropriations: HBs
4-B, 5-B and 12-B.
On motion by Rep. Wetherell, Chairman, without objection, under Rule
8.9, CS/HB 1-B, HBs 4-B, 5-B, CS/HB 6-B, CS/HB 8-B and HB 12-B were
withdrawn from the Committee on Appropriations and placed in the
Committee on Rules & Calendar.

Recessed

The House stood in informal recess at 11:11 a.m. to reconvene upon call
-was read the first time by title and referred to the Committee on Rules of the Speaker.
& Calendar.

Rep. Wetherell moved that HB 22-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
vote was:
Yeas-103

Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Clements
Cosgrove
Crady
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly

Figg
Flagg
Frankel
Friedman
Frishe
Geller
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland

Holzendorf
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith

Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Reddick
Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Saunders
Shelley
Silver
Simon
Simone

Reconvened
The House was called to order by Representative Crady at 11:30 a.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
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed SB 4-B and requests the
concurrence of the House.
Joe Brown, Secretary

By Senators Scott and McPherson-
SB 4-B-A bill to be entitled An act relating to the Port Everglades
District and the Port Everglades Authority in Broward County; amending
subsection 4 of section 2 of part III of ch. 59-1157, Laws of Florida, as
amended and appearing in section 1 of Senate Bill 1524 (1989); requiring
the Port Authority's comprehensive plan and land development
regulations to be consistent with and adopted pursuant to the Local
Government Comprehensive Planning and Land Development Regulation
Act; specifying when the plan must be submitted to the Department of
Community Affairs; providing that the comprehensive plan is in lieu of a
certain comprehensive master plan; requiring the plan to be consistent
with the countywide Broward County Land Use Plan and the Broward
County Local Comprehensive Plan; providing an effective date.

8

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Proof of publication of the required notice was attached.

Graham

Rep. Tobin moved that SB 4-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The Abstai from Voting

vote was:
Yeas-101
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Campbell
Canady
Clark
Clements
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Frankel
Friedman
Frishe
Geller
Nays-7
Carpenter
Crotty

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

Dantzler
Johnson, R. C.

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

King
Stone

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

Tobiassen

The motion was agreed to by the required Constitutional two-thirds
vote, and the bill was read the first time by title. On motions by Rep.
Mackenzie, the rules were waived by two-thirds vote and SB 4-B was read
the second time by title and the third time by title. On passage, the vote
was:
Yeas-108

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

Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Grindle
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.

Johnson, R. C.
Jones, C. F.
Juri
Kelly
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Reddick

Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Jones, D. L. King

Stone

I abstain from voting on SB 4-B due to my law firm's legal relationship
with Port Everglades. I will abstain from voting on this bill to avoid any
appearance or actual conflict of interest.
Speaker Tom Gustafson
District 94
Votes after roll call:
Yeas-Deutsch
So the bill passed and was immediately certified to the Senate.

The Honorable Tom Gustafson, Speaker
I am directed to inform the House of Representatives that the Senate has
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed SB 5-B and requests the
concurrence of the House.
Joe Brown, Secretary

By Senator Kirkpatrick-
SB 5-B-A bill to be entitled An act relating to Gilchrist County;
repealing chapters 71-649, 72-550, and 82-296, Laws of Florida; abolishing
the Gilchrist County Medical Board; providing for the transfer of the
personal property, assets, and liabilities of the board to the Trenton
Medical Center, Inc.; providing an effective date.
Proof of publication of the required notice was attached.
Rep. Boyd moved that SB 5-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
vote was:
Yeas-108

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Clements
Cosgrove
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Frankel
Nays-5
Carpenter
Crotty

Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.

King

Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press

Stone

Reddick
Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Tobiassen

Votes after roll call:
Yeas to Nays-R. C. Johnson
The motion was agreed to by the required Constitutional two-thirds
vote, and the bill was read the first time by title. On motions by Rep. Boyd,
the rules were waived by two-thirds vote and SB 5-B was read the second
time by title and the third time by title. On passage, the vote was:

June 20, 1989

9

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Yeas-112
The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Carpenter
Clark
Clements
Cosgrove
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Nays-2
King

Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
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.
Jones, D. L.
Juri
Kelly
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press

Reddick
Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Stone

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

The Honorable Tom Gustafson, Speaker
I am directed to inform the House of Representatives that the Senate has
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed SB 6-B and requests the
concurrence of the House.
Joe Brown, Secretary

By Senators Dudley and Woodson-Howard-
SB 6-B-A bill to be entitled An act relating to Lee County; providing
for liens in favor of any nonprofit corporation operating a charitable
hospital, as defined, in said county upon causes of action, suits, claims,
counterclaims, and demands accruing to patients therein, or their legal
representatives, and upon amounts due or payable under hospital
insurance or the like, and upon judgments, settlements, and settlement
agreements, related to illness or injuries to such patients, for all reasonable
charges for hospital care, treatment, and maintenance necessitated by such
illness or injuries, and upon amounts due under hospitalization, public
liability, and other indemnity policies; providing for method of perfecting
and enforcing such liens; providing for recovery of costs, attorney's fees,
and expenses; requiring claims for liens to be recorded; providing for fees
for recording; providing for method of satisfaction of such liens; providing
that a release or satisfaction is not valid as against such a lien unless the
lienholder joins therein or executes a release; providing that acceptance of
a release or satisfaction of any cause of action, suit, claim, counterclaim,
demand, or judgment, or any settlement in absence of release or
satisfaction of lien, prima facie constitutes impairment of such lien; giving
the lienholder a right of action at law for damages on account of such
impairment; providing for recovery from one accepting a release or
satisfaction or making settlement; exempting from provisions of this act
matters within the purview of the Worker's Compensation Law of this
state; providing an effective date.
Proof of publication of the required notice was attached.
Rep. Arnold moved that SB 6-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
vote was:

Yeas-104
The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Clark
Clements
Cosgrove
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Nays-9
Carpenter
Crotty
Dantzler

Frankel
Friedman
Frishe
Geller
Glickman
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jennings
Johnson, B. L.

Goode
Johnson, R. C.

Jones, C. F.
Jones, D. L.
Juri
Kelly
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press

King
Sansom

Reddick
Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Stone
Tobiassen

The motion was agreed to by the required Constitutional two-thirds
vote, and the bill was read the first time by title. On motions by Rep.
Arnold, the rules were waived by two-thirds vote and SB 6-B was read the
second time by title and the third time by title. On passage, the vote was:
Yeas-111

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Carpenter
Clark
Clements
Cosgrove
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Nays-3
King

Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings

Sansom

Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press

Reddick
Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Stone

So the bill passed and was immediately certified to the Senate.
THE SPEAKER IN THE CHAIR

10

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Recessed
On motion by Rep. Lippman the House recessed at 11:47 a.m. to
reconvene at 12:30 p.m. or upon call of Speaker.

Reconvened
The House was called to order by the Speaker at 1:02 p.m. A quorum was
present.

Report of the Committee on Rules & Calendar

The Honorable Tom Gustafson June 20, 1989
Speaker, House of Representatives
Sir:
Your Committee on Rules & Calendar herewith submits as the Special
and Continuing Order Calendar under Rule 8.16 beginning Tuesday, June
20, 1989, consideration of the following bills. Consideration of the House
Bills on Special Order shall include the Senate companion measures on the
House Calendar.
CS/HB 1-B-Firearms/Accessible to Child
HB 4-B-Deaf-Blind School/Community Colleges
HB 5-B-Health Care
CS/HB 6-B-Stolen Property/Records/Penalties
HB 22-B-Contributions
HB 11-B-Correctional System
HB 12-B-Health Care/Rural Hospitals
HB 21-B-Developments of Regional Impact
A quorum of the Committee was present in person, and a majority of
those present agreed to the above Report.
Respectfully submitted,
Fred Lippman, Chairman
On motion by Rep. Lippman, the above report was adopted.

Special and Continuing Orders

By the Committee on Criminal Justice and Representatives Jennings,
Silver, Cosgrove, Healey, Long, Bloom, Lombard, Gordon, Safley, Shelley,
Smith, Hanson, Guber, Thomas, King, Glickman, Rehm, Juri, Easterly,
Gutman, M. Diaz-Balart, L. Diaz-Balart, Graber, Hill, Simone, Hafner,
Huenink, Morse, Clark-
CS/HB 1-B-A bill to be entitled An act relating to firearms; providing
legislative findings and intent; requiring persons to keep firearms in a
locked container, another reasonably secure manner, or secured with a
trigger lock under certain circumstances; providing criminal penalties;
amending s. 784.05, F.S.; providing enhanced penalties for culpable
negligence in storing or leaving a loaded firearm within the reach or easy
access of a minor; creating s. 790.175, F.S.; requiring specified warnings
when firearms are sold or transferred; providing a penalty; providing
additional penalties for crimes involving firearms; prescribing a condition
on sales of firearms; providing penalties; defining the term "minor" for
purposes of this act; requiring elementary and secondary schools to offer
courses on gun safety; providing for act to be read in pari material with
certain prior acts; providing an effective date.
-was read the first time by title. On motion by Rep. Silver, the rules
were waived by two-thirds vote and the bill was read the second time by
title.
Representative Glickman offered the following amendment:
Amendment 1-On page 2, lines 15 and 16, strike all of said lines and
insert: premise under his control, a firearm as defined in s. 790.001,
Florida Statutes, which is either loaded or unloaded and accompanied by
its ammunition, and who knows or reasonably should

Davis
Deutsch
Figg
Friedman
Glickman
Gordon
Graber
Nays-76
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Boyd
Bronson
Campbell
Carpenter
Clements
Crady
Crotty
Dantzler
Diaz-Balart, M.
Drage
Easterly
Flagg
Frishe

Representative Silver offered the following amendment:
Amendment 2-On page 2, line 14, beginning with the comma after
"leaves" through the word "law" on line 20, strike all of said language and
insert: a loaded firearm in any location where the person knows or
reasonably should know that an unsupervised minor could gain access
Rep. Silver moved the adoption of the amendment, which failed of
adoption.
Representative Silver offered the following amendment:
Amendment 3-On page 4, lines 12-31, and page 5, lines 1-4, strike all
of said lines and insert: 790.175 Transfer or sale of firearms; required
warnings; penalties.-
(1) Any licensed firearms dealer who sells firearms must
conspicuously post at each purchase counter the following warning in
block letters not less than 1 inch in height:
"IT IS UNLAWFUL, AND PUNISHABLE BY
IMPRISONMENT AND FINE, TO STORE
OR LEAVE A FIREARM IN ANY
PLACE WITHIN THE REACH OR
EASY ACCESS OF A MINOR."
(2) Any licensed firearms dealer knowingly violating a requirement to
provide warning under this section commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
Rep. Silver moved the adoption of the amendment, which was adopted.
Representatives Silver and Arnall offered the following amendment:
Amendment 4-On page 5, line 9, insert: Section 6. Section 790.055,
Florida Statutes, is created to read:
790.055 Trigger-locking device must be offered for firearms sales;
penalties.-
(1) As used in this section:
(a) "Licensed firearms dealer" means a person licensed under federal
law to sell firearms.

(b) "Trigger-locking device" means a padlock, key lock, combination
Rep. Glickman moved the adoption of the amendment, which failed of lock, or similar locking device which, when the device is locked on, around,
adoption. The vote was: or in the firearm, renders the firearm incapable of firing.

Clark
Cosgrove

(c) "Law enforcement agency" means an agency of the state or a
political subdivision thereof or of the United States if the primary
responsibility of the agency is the prevention and detection of crime or

Guber
Hafner
Healey
Holzendorf
Jamerson
Langton
Lawson

Geller
Goode
Graham
Grindle
Gutman
Hanson
Harden
Hargrett
Harris
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.

Lewis
Lippman
Logan
Mackenzie
Ostrau
Press
Safley

Jones, D. L.
Juri
Kelly
King
Liberti
Locke
Lombard
Long
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Patchett
Rehm
Renke

Silver
Simon
Tobin
Wallace

Ritchie
Roberts
Rojas
Sanderson
Sansom
Saunders
Shelley
Simone
Sindler
Smith
Stone
Thomas
Tobiassen
Trammell
Troxler
Valdes
Webster
Wetherell
Wise

Yeas-33
The Chair
Abrams

11

Bloom
Brown

Burke
Canady

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

the enforcement of the penal, traffic, or highway laws of this state and if
its agents and officers are empowered by law -to conduct criminal
investigations and to make arrests.
(2) A licensed firearms dealer shall not sell a firearm as defined in s.
790.001(6) unless a trigger-locking device is offered for sale with the
firearm.
(3) This section shall not apply to firearms sales:
(a) To licensed firearms dealers for bona fide resale in the ordinary
course of business; or
(b) To law enforcement agencies.
(4) A licensed firearms dealer who violates this section commits a
misdemeanor of the second degree, punishable as provided in s. 775.082
or s. 775.083. (renumber subsequent sections)
Rep. Silver moved the adoption of the amendment, which failed of
adoption.
Representatives Burke and Mackenzie offered the following
amendment:
Amendment 5-On page 3, line 25, before the period insert:, and shall
participate in a gun education program as mandated by the state
attorney of the circuit in which the injury or death occurred
Rep. Burke moved the adoption of the amendment, which was adopted.
Representatives Locke and Kelly offered the following amendment:
Amendment 6-On page 3, line 5, after the period insert: (3) When
any minor child is accidentally shot and killed by another family member
no arrest shall be made pursuant to this section prior to 7 days after the
date of the funeral of the deceased minor. With respect to any parent or
guardian of any deceased minor the investigating officers shall file all
findings and evidence with the state attorney's office with respect to
violations of this section. The state attorney shall evaluate such evidence
and shall take such action as he or she deems appropriate under the
circumstances and may file an information complaint against the
appropriate parties.
Rep. Locke moved the adoption of the amendment.
During consideration thereof, without objection, further consideration of
the amendment was temporarily deferred.
Subsequently, Representatives Drage, Locke and Kelly offered the
following substitute amendment:
Substitute Amendment 6-On page 3, line 5, after the period insert:
(3) When any minor child is accidentally shot or killed by another
family member no arrest shall be made pursuant to this section prior to
7 days after the date of the shooting. With respect to any parent or
guardian of any deceased minor the investigating officers shall file all
findings and evidence with the state attorney's office with respect to
violations of this section. The state attorney shall evaluate such evidence
and shall take such action as he or she deems appropriate under the
circumstances and may file an information complaint against the
appropriate parties.
Rep. Drage moved the adoption of the substitute amendment, which was
adopted.
Representative Mims offered the following amendment:
Amendment 7-On page 5, line 16, strike "16" and insert: 8
Rep. Mims moved the adoption of the amendment, which failed of
adoption.
Representative Irvine offered the following amendment:

2. Does not have legitimate business on the campus or any other
authorization, license, or invitation to enter or remain upon school
property; or
3. Is not a parent, guardian, or person who has legal custody of a
student enrolled at such school; or
(b)l. Is a student currently under suspension or expulsion; or
2. Is an employee who is not required by his employment by such school
to be on the campus or any other facility owned, operated, or controlled by
the governing board of such school and who has no lawful purpose to be
on such premises;
and who enters or remains upon the campus or any other facility owned
by any such school commits a trespass upon the grounds of a public school
facility and commits is-guilty ef a misdemeanor of the first seeend degree,
punishable as provided in s. 775.0823 or s. 775.083, or-s. 775.084.
(2) Any person who:
(a)l. Is not a student, officer, or employee of a public school;
2. Does not have legitimate business on the campus or any other
authorization, license, or invitation to enter or remain upon school
property; or
3. Is not a parent, guardian, or person who has legal custody of a
student enrolled at such school; or
(b)l. Is a student currently under suspension or expulsion; or
2. Is an employee who is not required by his employment by the school
to be on the campus or any other facility owned, operated, or controlled by
the governing board of such school and who has no lawful purpose to be
on such premises;
and who enters or remains upon the campus or other facility of such school
after the chief administrative officer of such school, or any employee
thereof designated by him to maintain order on such campus or facility, has
directed such person to leave such campus or facility or not to enter upon
the same, commits is-guilty--f the offense of trespass upon the grounds of
a public school facility and commits is-guilty-of a felony misdemeanor of
the third first degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
Section 2. Paragraph (d) of subsection (6) of section 230.23, Florida
Statutes, 1988 Supplement, is amended to read:
230.23 Powers and duties of school board.-The school board, acting
as a board, shall exercise all powers and perform all duties listed below:
(6) CHILD WELFARE.-Provide for the proper accounting for all
children of school age, for the attendance and control of pupils at school,
and for proper attention to health, safety, and other matters relating to the
welfare of children in the following fields, as prescribed in chapter 232.
(d) Code of student conduct.-Adopt and distribute to all teachers,
school personnel, students, and parents or guardians, at the beginning of
every school year, a code of student conduct which is developed in
consultation with teachers, school personnel, students, and parents or
guardians. The code shall be based on the rules governing student conduct
and discipline adopted by the school board and be made available in the
student handbook or similar publication. The code shall include, but not
be limited to:
1. Consistent policies and specific grounds for disciplinary action,
including any disciplinary action that may be imposed for the possession
or use of alcohol on school property or while attending a school function
or for the illegal use, sale, or possession of controlled substances as defined
in chapter 893.

Amendment 8-On page 1, line 25, insert: Section 1. Subsections (1) 2. Procedures to be followed for acts requiring discipline, including
and (2) of section 228.091, Florida Statutes, are amended to read: corporal punishment

228.091 Trespass upon grounds or facilities of public schools; penalties;
arrest.-
(1) Any person who:
(a)l. Is not a student, officer, or employee of a public school;

3. An explanation of the responsibilities and rights of students with
regard to attendance, respect for persons and property, knowledge and
observation of rules of conduct, the right to learn, free speech and student
publications, assembly, privacy, and participation in school programs and
activities.

12

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

4. Notice that illegal use, possession, or sale of controlled substances,
as defined in chapter 893, or weapons or firearms by any student while such
student is upon school property or in attendance at a school function is
grounds for suspension, expulsion, or imposition of other disciplinary
action by the school, and may also result in criminal penalties being
imposed.
Section 3. Paragraph (b) of subsection (1) of section 39.03, Florida
Statutes, is amended to read:
39.03 Taking a child into custody; detention.-
(1) A child may be taken into custody:
(b) For a delinquent act or violation of law, pursuant to Florida law
pertaining to arrest. If such arrest is for a delinquent act or violation of
law which involves a crime of violence or a crime in which a deadly weapon
was used, the arresting authority shall immediately notify the district
school superintendent, or his designee, of the school district with
educational jurisdiction of the child. Except to the extent necessary to
protect the health, safety, and welfare of other students, faculty, or staff,
the information obtained by the superintendent of schools pursuant to
this section may be released only to appropriate school personnel or as
otherwise provided by law. In order to protect the rights of the child and
his parents or other persons responsible for the child's welfare, all
information in the possession of the superintendent or other employees
of the school district concerning reports of such violations of law involving
a crime of violence or a crime in which a deadly weapon was used shall
be confidential and exempt from the provisions of s. 119.07(1), and shall
not be disclosed except as specifically authorized by this paragraph. This
exemption is subject to the Open Government Sunset Review Act in
accordance with s. 119.14. Information provided by an arresting authority
pursuant to this paragraph shall not be placed in the student's
permanent record and shall be removed from all school records no later
than 9 months after the date of the arrest.
Section 4. Section 790.01, Florida Statutes, is amended to read:
790.01 Carrying concealed weapons.-
(1) Whoever carries shall carry a concealed weapon or electric weapon
or device on or about his person commits shall be guilty ef a misdemeanor
of the first degree, punishable as provided in s. 775.082 or, s. 775.083,-eo
. -775.084; provided, however, that if such weapon is carried on the
grounds or facilities of any public or nonpublic school, penalties shall be
as provided in s. 790.10(2).
(2) Whoever carries shall-earry a concealed firearm on or about his
person without a permit pursuant to s. 790.06 commits shall be guilty of
a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084; provided, however, that if such firearm is carried on the
grounds or facilities of any public or nonpublic school, penalties shall be
as provided in s. 790.10(2).

(3) Nothing in this oc
in ss. 790.05 and 790.06.

,,tion shall rlato to por-sons liconsod as set forth

Section 5. Section 790.10, Florida Statutes, is amended to read:
790.10 Improper exhibition of dangerous weapons or firearms, or
possession or discharge at school; penalties.-
(1) A If any person who exhibits having or carrying any dirk, sword,
sword cane, firearm, electric weapon or device, destructive device, or other
weapon shall, in the presence of one or more persons, exhibit the same in
a rude, careless, angry, or threatening manner, not in necessary self-
defense, the person so offending shall be guilty of commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 ori s. 775.083,-e
s. 77-5.084.
(2)(a) A person who is not a permitholding registered student,
employee, or faculty member of an elementary or secondary school,
college, or university possessing a weapon solely for defensive purposes
as provided in s. 790.06(12) shall not possess any firearm, electric weapon
or device, destructive device, or other weapon on the property of any
school; provided, however, that a person may carry a firearm:
1. In a case to a firearms program or class which has been approved in
advance by the principal or chief administrative officer of the school as
a program or class to which firearms could be carried;

2. In a case to a vocational school having a firearms training range; or
3. In a vehicle pursuant to s. 790.25(5).
For purposes of this subsection, "school" means any preschool,
elementary school, middle school, junior high school, secondary school,
vocational school, or postsecondary school, whether public or nonpublic.
(b) A person who possesses any electric weapon or device, destructive
device, or other weapon in violation of this subsection commits a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(c) A person who possesses any firearm in violation of this subsection
commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084 and shall be sentenced to a mandatory minimum
term of 3 calendar years. A person convicted under this paragraph shall
not be eligible for parole, gain-time under s. 944.275, or provisional credits
under s. 944.277 prior to serving the prescribed mandatory minimum
sentence. It shall be an affirmative defense that a person has not
knowingly and willfully violated this subsection.
(d) Except as to discharge under paragraph (e), this subsection shall
not apply to a concealed firearm carried by a person licensed under s.
790.06, with respect to which penalties shall be as provided in s.
790.06(12).
(e) Unless discharged for lawful defense of oneself or another, or for a
lawful purpose, a person who discharges any weapon or firearm while in
violation of this subsection commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 and shall be
sentenced to a mandatory minimum term of 3 calendar years. A person
convicted under this paragraph shall not be eligible for parole, gain-time
under s. 944.275, or provisional credits under s. 944.277 prior to serving
the prescribed mandatory minimum sentence.
(3) This section does not apply to any law enforcement officer as
defined in s. 943.10(1), (2), (3), (4), (6), (7), (8), (9), or (14).
Section 6. Subsection (12) of section 790.06, Florida Statutes, 1988
Supplement, is amended to read:
790.06 License to carry concealed weapon or firearm.-
(12) No license issued pursuant to this section shall authorize any
person to carry a concealed weapon or firearm into any place of nuisance
as defined in s. 823.05; any police, sheriff, or highway patrol station; any
detention facility, prison, or jail; any courthouse; any courtroom, except
that nothing in this section would preclude a judge from carrying a
concealed weapon or determining who will carry a concealed weapon in his
courtroom; any polling place; any meeting of the governing body of a
county, municipality, or special district; any meeting of the Legislature or
a committee thereof; any school, college, or professional athletic event not
related to firearms; any portion of an establishment licensed to dispense
alcoholic beverages for consumption on the premises, which portion of the
establishment is primarily devoted to such purpose; any elementary or
secondary school facility or; any college or university facility unless the
licensee is a registered student, employee, or faculty member of such
elementary or secondary school or college or university and the weapon is
a stun gun or nonlethal electric weapon or device designed solely for
defensive purposes and the weapon does not fire a dart or projectile; inside
the passenger terminal and sterile area of any airport, provided that no
person shall be prohibited from carrying any legal firearm into the
terminal, which firearm is encased for shipment for purposes of checking
such firearm as baggage to be lawfully transported on any aircraft; or any
place where the carrying of firearms is prohibited by federal law. Any
person who willfully violates any provision of this subsection commits shall
be guilty of a misdemeanor of the second degree, punishable as provided
in s. 775.082 or s. 775.083, unless such violation involves the unlawful
discharge of a weapon or firearm on school property as prohibited by s.
790.10(2)(e), in which case the person shall be punished as provided
therein.
Section 7. 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 or the June 3,1989, Special Session of the Florida Legislature and
which are not indicated herein, and full effect shall be given to each, if

13

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

that is possible. If provisions of this act are in direct conflict with
amendments enacted at the 1989 Regular Session or the June 3, 1989,
Special Session of the Legislature, the provisions of this act shall control.
(renumber subsequent sections)
Rep. Irvine moved the adoption of the amendment, which was adopted.
Representative Irvine offered the following title amendment:
Amendment 9-On page 1, line 2, after the semicolon insert: amending
s. 228.091, F.S.; increasing the penalties for trespass upon grounds or
facilities of public schools; amending s. 230.23, F.S.; providing for school
boards to add specified notice of possible criminal penalties to codes of
student conduct; amending s. 39.03, F.S.; requiring notification of the
district school superintendent or his designee of the arrest of a student
under certain circumstances; providing an exemption from public records
requirements; providing for future review and repeal; providing for
removal of information from school records; amending s. 790.01, F.S.;
providing for increased penalties for carrying concealed weapons or
firearms upon grounds or facilities of public and nonpublic schools;
amending s. 790.10, F.S.; adding destructive devices to weapons which may
not be improperly exhibited; providing for unlawful possession and
discharge of weapons and firearms on school property and at school
functions; providing a definition; providing exceptions; providing
penalties, including a mandatory minimum term of imprisonment for
unlawful possession or unlawful discharge in certain circumstances;
amending s. 790.06, F.S., to conform; providing for the act to be read in pari
material with certain prior acts;
Rep. Irvine moved the adoption of the amendment, which was adopted.
Representatives Locke and Kelly offered the following title amendment:
Amendment 10-On page 1, line 7, after "penalties;" insert: providing
procedures with respect to investigations and arrests;
Rep. Locke moved the adoption of the amendment, which was adopted.
On motion by Rep. Silver, the rules were waived by two-thirds vote and
CS/HB 1-B, as amended, was read the third time by title.
On motion by Rep. Locke, the rules were waived and debate was limited
to five minutes per side.
The question recurred on the passage of CS/HB 1-B. The vote was:
Yeas-71

The Chair
Abrams
Bloom
Campbell
Canady
Clark
Cosgrove
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Frankel
Friedman
Frishe
Nays-42
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Boyd
Bronson
Brown

Glickman
Gordon
Graber
Guber
Gutman
Hafner
Hanson
Hargrett
Harris
Healey
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine
Jamerson
Jennings

Burke
Carpenter
Clements
Crotty
Dantzler
Geller
Goode
Graham
Grindle

Jones, D. L.
Juri
King
Lewis
Liberti
Lippman
Logan
Lombard
Long
Mackenzie
Messersmith
Morse
Mortham
Nergard
Ostrau
Peeples
Press
Reddick

Harden
Hawkins
Holzendorf
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Kelly
Langton
Lawson

Rehm
Renke
Rojas
Safley
Sansom
Saunders
Shelley
Silver
Simon
Simone
Smith
Thomas
Tobin
Troxler
Valdes
Wallace
Wetherell

Locke
Mackey
McEwan
Mims
Mitchell
Ritchie
Roberts
Rudd
Sanderson

Sindler
Stone

Tobiassen
Trammell

Webster

Wise

Votes after roll call:
Yeas-Rush
Nays to Yeas-Clements
Due to a malfunction of the voting machine, the roll call vote was
adjusted to reflect the vote of Rep. Juri.
So the bill passed, as amended, and was immediately certified to the
Senate after engrossment.

HB 4-B-A bill to be entitled An act relating to education; creating s.
242.335, F.S.; requiring personnel screening and security background
investigations for the Florida School for the Deaf and the Blind; providing
prerequisites for initial and continuing employment; providing conditions
for disqualification or termination from employment; specifying conditions
for disqualification for employment in positions providing care to students;
providing a penalty; amending s. 415.51, F.S.; providing for access by the
school to certain confidential Department of Health and Rehabilitative
Services records; repealing s. 240.345(3), F.S., which authorizes community
college boards of trustees to levy an ad valorem tax for capital outlay
purposes; amending s. 240.3031, F.S.; removing provisions which specify
the counties served by state community colleges; providing effective dates.
-was read the second time by title.
The Committee on Education offered the following amendment:
Amendment 1-On page 1, line 24, through page 7, line 26, strike all
said lines and insert: Section 1. Section 242.335, Florida Statutes, is
created to read:
242.335 Personnel screening; Florida School for the Deaf and the
Blind.-
(1) The Board of Trustees of the Florida School for the Deaf and the
Blind shall, because of the special trust or responsibility of employees of
the school, require all employees and applicants for employment to
undergo personnel screening and security background investigations as
a condition of employment and continued employment. For the purposes
of this section, personnel screening and security background
investigations shall include, but not be limited to, employment history
checks, checks of references, local criminal records checks through local
law enforcement agencies, fingerprinting, statewide criminal records
checks through the Department of Law Enforcement, federal criminal
records checks through the Federal Bureau of Investigation, and abuse
registry clearance. The cost of a personnel screening and security
background investigation for an employee of the school shall be paid by
the school. The cost of such a screening and investigation for an applicant
for employment shall be paid by the applicant.
(2) As a prerequisite for initial and continuing employment at the
Florida School for the Deaf and the Blind:
(a) The applicant or employee shall submit to the Florida School for
the Deaf and the Blind a complete set of fingerprints taken by an
authorized law enforcement agency or an employee of the Florida School
for the Deaf and the Blind who is trained to take fingerprints. The Florida
School for the Deaf and the Blind shall submit the fingerprints to the
Department of Law Enforcement for state processing and the Federal
Bureau of Investigation for federal processing.
(b)l. The applicant or employee shall attest to the minimum
standards for good moral character as contained in paragraph (a) of
subsection (3) of this section under penalty of perjury.
2. New personnel shall be on a probationary status pending a
determination of compliance with such minimum standards for good
moral character. This paragraph is in addition to any probationary status
provided for by Florida law or Florida School for the Deaf and the Blind
rules or collective bargaining contracts.
(c) The Florida School for the Deaf and the Blind shall review the
record of the applicant or employee with respect to the crimes contained
in subsection (3) and shall notify the applicant or employee of its
findings. When disposition information is missing on a criminal record,
it shall be the responsibility of the applicant or employee, upon request

14

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

of the Florida School for the Deaf and the Blind, to obtain and supply
within 30 days the missing disposition information to the Florida School
for the Deaf and the Blind. Failure to supply missing information within
30 days or to show reasonable efforts to obtain such information shall
result in automatic disqualification of an applicant and automatic
termination of an employee.
(d) After an initial personnel screening and security background
investigation, written notification shall be given to the affected employee
within a reasonable time prior to any subsequent screening and
investigation.
(3)(a) An employee or applicant for a position in a program providing
care to enrolled students may be terminated from or disqualified for
employment in any such position by reason of:
1. Having been found guilty of, regardless of adjudication, or having
entered a plea of nolo contender or guilty to, any offense prohibited
under any of the following provisions of the Florida Statutes or under any
similar statute of another jurisdiction:
a. Section 782.04, relating to murder.
b. Section 782.07, relating to manslaughter.
c. Section 782.071, relating to vehicular homicide.
d. Section 782.09, relating to killing of an unborn child by injury to
the mother.
e. Section 784.011, relating to assault, if the victim of the offense was
a minor.
f. Section 784.021, relating to aggravated assault.
g. Section 784.03, relating to battery, if the victim of the offense was
a minor.
h. Section 784.045, relating to aggravated battery.
i. Section 787.01, relating to kidnapping.
j. Section 787.02, relating to false imprisonment.
k. Section 787.04, relating to removing minors from the state or
concealing minors contrary to court order.
1. Section 794.011, relating to sexual battery.
m. Section 794.041, relating to prohibited acts of persons in familial
or custodial authority.
n. Chapter 796, relating to prostitution.
o. Section 798.02, relating to lewd and lascivious behavior.
p. Chapter 800, relating to lewdness and indecent exposure.
q. Section 806.01, relating to arson.
r. Section 812.13, relating to robbery.
s. Section 826.04, relating to incest.
t. Section 827.03, relating to aggravated child abuse.
u. Section 827.04, relating to child abuse.
v. Section 827.05, relating to negligent treatment of children.
w. Section 827.071, relating to sexual performance by a child.
x. Section 827.09, relating to abuse, neglect, or exploitation of aged or
disabled persons.
y. Chapter 847, relating to obscene literature.
z. Chapter 893, relating to drug abuse prevention and control, only if
the offense was a felony or if any other person involved in the offense was
a minor.
aa. Section 817.563, relating to fraudulent sale of controlled
substances, only if the offense was a felony;
2. Having had a finding of delinquency or having entered a plea of
nolo contender or a plea amounting to an admission of guilt to a petition

alleging delinquency pursuant to part II of chapter 39, or similar statutes
of other jurisdictions, for any of the acts set forth in subparagraph 1.,
regardless of adjudication or disposition. For the purposes of this

subparagraph, such a finding or plea has the same effect as a finding of
guilt;
3. Having been judicially determined to have committed abuse or
neglect against a child as defined in s. 39.01(2) and (37);
4. Having a confirmed report of abuse, neglect, or exploitation as
defined in s. 415.102(5) or abuse or neglect as defined in s. 415.503(5)
which has been uncontested or upheld pursuant to the procedures
provided in s. 415.103 or s. 415.504; or
5. Having committed an act which constitutes domestic violence as
defined in s. 741.30.
(b)l. The Florida School for the Deaf and the Blind may grant to any
employer or applicant for a position in a program providing care to
enrolled students an exemption from disqualification for the following:
a. Felonies cited in paragraph (a) of subsection (3) of this section or
prohibited under similar statutes of other jurisdictions, committed more
than 3 years previously.
b. Misdemeanors prohibited under this subsection or under similar
statutes of another jurisdiction;
c. Offenses which were a felony when committed but are now a
misdemeanor;
d. Findings of delinquency as specified in this subsection;
e. Judicial determinations of abuse or neglect under chapter 39;
f. Confirmed reports of abuse, neglect, or exploitation under chapter
415 which have been uncontested or have been upheld pursuant to the
procedures provided in s. 415.103 or s. 415.504; or
g. Commissions of domestic violence.
2. In order to grant an exemption to a person, the Florida School for
the Deaf and the Blind must have clear and convincing evidence to
support a reasonable belief that the person is of such good character as
to justify an exemption. In considering the request for such an exemption,
the school shall conduct, if requested by the applicant or employee, an
informal hearing at which the applicant or employee or his representative
may present evidence of good moral character and rehabilitation. The
person shall bear the burden of setting forth sufficient evidence of
rehabilitation, including, but not limited to, the circumstances
surrounding the incident, the time period that has elapsed since the
incident, the nature of the harm occasioned to the victim, and the history
of the person since the incident, or such other circumstances that shall
indicate that the person will not present a danger to the safety or well-
being of children. The decision of the Florida School for the Deaf and the
Blind regarding an exemption may be contested through the hearing
procedures set forth in chapter 120.
(c) The disqualification or termination from employment shall not be
removed for any person found guilty of, regardless of adjudication, or
having entered a plea of nolo contender or guilty to, any felony covered
by this subsection solely by reason of any pardon, executive clemency, or
restoration of civil rights.
(4) It is a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083, for any person willfully, knowingly, or
intentionally to:
(a) Fail, by false statement, misrepresentation, impersonation, or
other fraudulent means, to disclose in any application for voluntary or
paid employment a material fact used in making a determination as to
such person's qualifications for a position of special trust.
(b) Use records information for purposes other than screening for
employment or release records information to persons for purposes other
than screening for employment. Such information is exempt from the
provisions of s. 119.07(1). This exemption is subject to the Open
Government Sunset Review Act in accordance with s. 119.14.

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

June 20, 1989

15

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The Committee on Education offered the following title amendment:
Amendment 2-On page 1, lines 1-12, strike all said lines and insert:
A bill to be entitled An act relating to education; creating s. 242.335, F.S.;
requiring personnel screening and security background investigations for
the Florida School for the Deaf and the Blind; providing for payment of
certain costs; providing prerequisites for initial and continuing
employment; providing conditions for disqualification or termination from
employment; providing an exemption; providing for an informal hearing;
providing a penalty; amending s. 415.51, F.S.; providing
Rep. Friedman moved the adoption of the amendment, which was
adopted.
The Committee on Education offered the following amendment:
Amendment 3-On page 5, line 17, strike "employer" and insert:
employee
Rep. Friedman moved the adoption of the amendment, which was
adopted.
On motion by Rep. Campbell, the rules were waived by two-thirds vote
and HB 4-B, as amended, was read the third time by title. On passage, the
vote was:
Yeas-112

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

Figg
Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Gutman
Hafner
Hanson
Harden
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.

Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press

Reddick
Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Safley
Sanderson
Sansom
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Stone
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Nays-None
Due to a malfunction of the voting machine, the roll call vote was
adjusted to reflect the vote of Rep. Juri.
So the bill passed, as amended, and was immediately certified to the
Senate after engrossment.

HB 5-B was taken up. On motion by Rep. C. F. Jones, the rules were
waived and the following Senate Message was read:

The Honorable Tom Gustafson, Speaker
I am directed to inform the House of Representatives that the Senate has
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed, as amended, SB 11-B and
requests the concurrence of the House.
Joe Brown, Secretary

By Senator Malchon-
SB 11-B-A bill to be entitled An act relating to health care; providing
legislative findings and intent; requiring the Health Care Cost
Containment Board to conduct a study of public-sector purchasing of
health care coverage; requiring a report; requiring the Health Care Cost
Containment Board to convene a statewide conference of public-sector
health care purchasers; requiring the Health Care Cost Containment Board
to contract with the State University System to conduct the conference;
establishing the Florida Task Force on Private Sector Health Care
Responsibility; requiring reports and recommendations; providing for
membership, duties, powers, and compensation; providing confidentiality;
requiring cooperation of state agencies; establishing the Florida Task Force
on Government Financed Health Care; providing for policy
recommendations; providing for resource groups for the task force;
providing for membership; providing for staff; providing for per diem and
travel expenses; providing appropriations; providing for the act to be read
in pari material with certain prior acts; providing an effective date.
Rep. C. F. Jones moved that SB 11-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
motion was agreed to by the required Constitutional two-thirds vote and
SB 11-B was read the first time by title.
On motion by Rep. C. F. Jones, SB 11-B, a similar or companion
measure, was substituted for HB 5-B. Under the rule, the House bill was
laid on the table.
On motions by Rep. Jones, the rules were waived by two-thirds vote and
SB 11-B was read the second time by title and the third time by title. On
passage, the vote was:
Yeas-111

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Carpenter
Clark
Clements
Cosgrove
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Nays-2
Sansom

Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings

Stone

Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples

Press
Reddick
Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Safley
Sanderson
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Due to a malfunction of the voting machine, the roll call vote was
adjusted to reflect the vote of Rep. Juri.
So the bill passed and was immediately certified to the Senate.

CS/HB 6-B, by the Committee on Criminal Justice and Representative
Silver, was taken up. On motion by Rep. Silver, the rules were waived and
the following Senate Message was read:

16

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The Honorable Tom Gustafson, Speaker
I am directed to inform the House of Representatives that the Senate has
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed SB 16-B and requests the
concurrence of the House.

Trammell
Troxler
Nays-4

Valdes
Wallace

Johnson, R. C. Mackey

Webster
Wetherell

Sansom

Wise

Stone

Joe Brown, Secretary Votes after roll call:
Yeas-RushJoe Brown, Secretary
Yeas-Rush

By Senator Beard-
SB 16-B-A bill to be entitled An act relating to stolen property;
amending ch. 538, F.S.; creating Part I, Second-Hand Dealers, consisting
of ss. 538.03, 538.04, 538.05, 538.06, 538.07, 538.08, 538.09, 538.11, 538.15,
538.16, and 538.17, F.S.; and creating Part II, Secondary Metals Recyclers,
consisting of ss. 538.18, 538.19, 538.20, 538.21, 538.22, 538.23, 538.24,
538.25, and 538.26, F.S.; providing definitions; providing recordkeeping
requirements, verification requirements, and criminal penalties; providing
for inspection of records and premises; mandating holding periods in
certain circumstances; providing penalties; providing pleading for return
of stolen property and providing procedure; providing for registration of
second-hand dealers and secondary metals recyclers with the Department
of Revenue; providing fees and establishing the Second-Hand Dealer and
Secondary Metals Recycler Clearing Trust Fund; providing for
fingerprinting; providing for a fine for violations and for denial,
suspension, or revocation of registration; providing powers and duties of
department; providing for rules; prohibiting certain acts and practices;
providing for disposal of property held by pawnbrokers and requiring
notice; authorizing local regulation; amending s. 680.104, F.S.; providing
for precedence over the Uniform Commercial Code; repealing ss. 538.01,
538.011, 538.012, 538.014, 538.016, 538.018, 538.019, 538.02, and 538.021,
F.S., relating to precious metals dealers, junk dealers, scrap-metal
processors, and foundries; repealing ss. 715.04, 715.041, 715.0415, and
715.042, F.S., relating to pawnbrokers; providing for the act to be read in
pari material with certain prior acts; providing an effective date.
Rep. Silver moved that SB 16-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
motion was agreed to by the required Constitutional two-thirds vote and
SB 16-B was read the first time by title.
On motion by Rep. Silver, SB 16-B, a similar or companion measure, was
substituted for CS/HB 6-B. Under the rule, the House bill was laid on the
table.
On motions by Rep. Silver, the rules were waived by two-thirds vote and
SB 16-B was read the second time by title and the third time by title. On
passage, the vote was:
Yeas-107

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Carpenter
Clark
Cosgrove
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage

Easterly
Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink

Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
McEwan
Messersmith
Mims
Mitchell
Morse

Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Reddick
Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Safley
Sanderson
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobiassen
Tobin

Due to a malfunction of the voting machine, the roll call vote was
adjusted to reflect the vote of Rep. Juri.
So the bill passed and was immediately certified to the Senate.

HB 22-B-A bill to be entitled An act relating to contributions;
amending s. 106.011, F.S.; modifying the definition of "political
committee"; amending s. 4 of Committee Substitute for Senate Bill 132,
1989 Regular Session; delaying the effective date of a provision relating to
certain statements of contributions to elected public officers; providing an
effective date.
-was read the second time by title. On motion by Rep. Messersmith, the
rules were waived by two-thirds vote and the bill was read the third time
by title. On passage, the vote was:
Yeas-109

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Carpenter
Clark
Clements
Cosgrove
Crady
Crotty
Dantzler
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Nays-3
Glickman

Flagg
Frankel
Friedman
Frishe
Geller
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson, B. L.

Sansom

Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Press
Reddick

Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Safley
Sanderson
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Stone

Votes after roll call:
Yeas-Davis
Due to a malfunction of the voting machine, the roll call vote was
adjusted to reflect the vote of Rep. Juri.
So the bill passed and was immediately certified to the Senate.

Statement of Legislative Intent on HB 22-B
On motion by Rep. Ascherl, the rules were waived and the following
statement by Rep. Ostrau was ordered spread upon the Journal, in order
to establish legislative intent:
Section 2 of SB 351 (1989 Regular Session) amends Section 106.011(1),
Florida Statutes, which defines the term, "political committee." This
definition has always contained a clear exemption for corporations from
having to register as a political committee if the corporation makes

June 20, 1989

17

JOURNAL OF THE HOUSE OF REPRESENTATIVES

contributions to a candidate or committee. However, the existing provision
was ambiguous as to whether this exemption also applies when a
corporation contributes to a political party.
One reading-the one which both political parties have followed for
years-is that corporations need not register as political committees in
order to donate to a party. Another reading, though, is that they must, in
fact, register.
It is important that an agency or court construing the statute understand
that our intent in enacting Section 2 of SB 351 was to clarify existing law
that corporations do not become political committees merely by reason of
contributing to political parties. Otherwise, the amendment may be
construed as a change in the law with the potential result that literally
hundreds of corporations must go back and make a one-time retroactive
registration for past contributions to parties-a result that we never
intended.
I trust that this clarification will be illuminating to those who are
responsible for determining legislative intent.
REPRESENTATIVE LOCKE IN THE CHAIR
HB 11-B was taken up. On motion by Rep. Jamerson, the rules were
waived and the following Senate Message was read:

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

By Senator Plummer-
SB 12-B-A bill to be entitled An act relating to the correctional
system; amending s. 119.07, F.S.; exempting from public inspection records
of a medical review committee created by the Department of Corrections
or the Correctional Medical Authority; providing for review of such
exemption pursuant to the Open Government Sunset Review Act;
amending s. 216.136, F.S.; revising duties of the Criminal Justice
Estimating Conference relating to forecasts of prison admissions;
amending s. 941.45, F.S.; providing for delineation of the Interstate
Agreement on Detainers by articles rather than subsections; amending s.
944.023, F.S.; requiring the department to develop a comprehensive
correctional master plan; providing for the plan to be updated and
submitted to the Governor and Legislature; specifying purposes and
contents of the plan; amending s. 944.277, F.S.; limiting the group of
inmates who may be released into the provisional release supervision
program; requiring conditional release supervision to be substituted for
provisional release supervision under certain circumstances; amending s.
944.28, F.S.; authorizing forfeiture of gain-time upon revocation of
provisional release, probation, or community control; amending s. 944.291,
F.S.; providing for inmates who are released by reason of provisional
credits to be under the supervision and control of the department;
amending s. 945.602, F.S.; increasing the number of members on the
governing board of the State of Florida Correctional Medical Authority;
revising qualification for members of the authority; deleting obsolete
provisions; providing for staggered terms of the members added to the
authority; requiring the authority to report to the Governor its
recommendation concerning the establishment of a nonprofit corporation
to lease and manage correctional medical services for the department;
amending s. 947.005, F.S.; defining the term "provisional release date" for
purposes of ch. 947, F.S.; amending s. 947.1405, F.S.; providing additional
requirements for inmates released under the conditional release program;
amending s. 948.06, F.S.; authorizing the forfeiture of gain-time upon
revocation of probation or community control; repealing s. 944.096(1), F.S.,
relating to the inmate-to-population ratio used to plan future capital
outlay of the department; repealing s. 945.603(15), F.S., relating to a
reporting requirement of the State of Florida Correctional Medical
Authority; reenacting s. 20.32, F.S.; continuing the Parole Commission;
repealing ss. 33 and 34, chapter 83-131, Laws of Florida, as amended,

relating to the termination of the Parole Commission and its powers and
duties; repealing s. 20.32, F.S., and ch. 947, F.S., relating to the Parole

Commission at distance dates; providing for review of said provisions in
advance of repeal; providing for act to be read in pari material with certain
prior acts; providing for retroactive application; providing effective dates.
Rep. Jamerson moved that SB 12-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
motion was agreed to by the required Constitutional two-thirds vote and
SB 12-B was read the first time by title.
On motion by Rep. Jamerson, SB 12-B, a similar or companion measure,
was substituted for HB 11-B. Under the rule, the House bill was laid on
the table.
On motions by Rep. Jamerson, the rules were waived by two-thirds vote
and SB 12-B was read the second time by title and the third time by title.
On passage, the vote was:
Yeas-111

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Carpenter
Clark
Clements
Cosgrove
Crady
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Nays-2
Sansom

Figg
Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson

Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples

Press
Reddick
Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Safley
Sanderson
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Stone

Votes after roll call:
Yeas-Rush
Due to a malfunction of the voting machine, the roll call vote was
adjusted to reflect the vote of Rep. Juri.
So the bill passed and was immediately certified to the Senate.

HB 12-B was taken up. On motion by Rep. Kelly, the rules were waived
and the following Senate Message was read:

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

By Senators Grizzle and Thurman-
SB 8-B-A bill to be entitled An act relating to health care; providing
legislative findings and intent with respect to rural hospitals; amending s.
381.706, F.S.; exempting certain rural hospital programs from certificate-
of-need requirements; exempting rural hospitals and emergency care
hospitals from certificate-of-need application fees; amending s. 395.002,

18

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

F.S.; defining "emergency care hospital"; amending s. 154.205, F.S.;
amending the definition of health facility; providing for licensure;
providing for participation in Medicaid and other programs and services;
providing an exemption from certificate-of-need requirements; providing
for rules; providing for a feasibility study for developing certain
postsecondary allied health training and scholarship programs; providing
for a rural hospital impact statement; amending s. 395.102, F.S.; clarifying
the definition of "rural hospital"; including specified health personnel in
a loan forgiveness program; providing for an alternative use of funds if
federal matching funds are available; amending s. 400.602, F.S.,
authorizing the transfer of a hospice to certain entities; amending s.
407.002, F.S.; clarifying the definition of "rural hospital"; establishing the
Center for Health Technologies to be located at and administered by a
statutory teaching hospital in Dade County; establishing objectives of the
center; providing for the administration of the center; requiring reports;
authorizing the administrator of the center to accept certain funds;
amending s. 395.041, F.S.; relating to internal risk management programs;
increasing the time period for filing reports of certain incidents; amending
s. 381.703, F.S.; modifying the list of facilities subject to assessment;
modifying the facility fee assessment methodology; providing rulemaking
authority for the Department of Health and Rehabilitative Services;
amending s. 381.708, F.S.; increasing the maximum fee on certificate-of-
need applications; providing an appropriation; providing effective dates.
Rep. Kelly moved that SB 8-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
motion was agreed to by the required Constitutional two-thirds vote and
SB 8-B was read the first time by title.
On motion by Rep. Kelly, SB 8-B, a similar or companion measure, was
substituted for HB 12-B. Under the rule, the House bill was laid on the
table.
On motions by Rep. Kelly, the rules were waived by two-thirds vote and
SB 8-B was read the second time by title and the third time by title. On
passage, the vote was:
Yeas-108

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Carpenter
Clark
Cosgrove
Crady
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Nays-4
King

Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine

Roberts

Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
Langton
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett

Sansom

Peeples
Press
Reddick
Rehm
Renke
Ritchie
Rojas
Rudd
Safley
Sanderson
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Stone

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

HB 21-B-A bill to be entitled An act relating to developments of
regional impact; amending s. 380.06, F.S.; modifying conditions for
preliminary development agreements; providing for consistency with the

State Comprehensive Plan for certain developments; modifying provision
relating to credits against local impact fees; modifying provisions relating
to proposed changes which create a substantial deviation from an approved
development; authorizing regional planning agencies to collect fees for the
conduct of development-of-regional-impact and Florida Quality
Development review; providing for uniform criteria for and limitations on
fees; providing an exemption; authorizing the state land planning agency
to establish a local government process relating to the abandonment of a
development of regional impact by a developer; amending s. 380.061, F.S.;
modifying procedure for review and issuance of development orders under
the Florida Quality Developments program; providing for appeal of
development orders; amending s. 380.0651, F.S.; modifying an exemption
from development-of-regional-impact review for certain port facilities;
amending s. 944.095, F.S.; providing an exemption for the siting of state
correctional facilities; providing an effective date.
-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 18, lines 11-26, strike all of said lines and
insert: c. The wet or dry storage or mooring of fewer than 300 watercraft
used exclusively for sport, pleasure, or commercial fishing with all
necessary approvals pursuant to chapters 253, 373, and 403 and located
outside Outstanding Florida Waters and Class II waters.
In addition to the foregoing, the Department of Natural Resources must
determine in writing that the marina is located so that it will not
adversely impact Outstanding Florida Waters or Class II waters and will
not contribute boat traffic in a manner that will have an adverse impact
on an area known to be, or likely to be, frequented by manatees. The
Department of Natural Resources determination shall constitute final
agency action pursuant to chapter 120. in-an-area
Rep. Jones moved the adoption of the amendment, which was adopted.
On motion by Rep. C. F. Jones, the rules were waived by two-thirds vote
and HB 21-B, as amended, was read the third time by title. On passage,
the vote was:
Yeas-107

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Carpenter
Clark
Clements
Cosgrove
Crady
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Nays-5
Glickman
Goode

Figg
Flagg
Frankel
Friedman
Frishe
Geller
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings

Roberts

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

Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples

Sansom

Press
Reddick
Rehm
Renke
Ritchie
Rojas
Rudd
Safley
Sanderson
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Stone

and was immediately certified to the

19

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Messages from the Senate

The Honorable Tom Gustafson, Speaker
I am directed to inform the House of Representatives that the Senate has
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed as amended SB 13-B and
requests the concurrence of the House.
Joe Brown, Secretary

By Senator McPherson-
SB 13-B-A bill to be entitled An act relating to hunting, fishing, and
trapping; amending s. 372.71, F.S.; providing for noncriminal fines and
penalties for violations for the taking of wildlife or freshwater fish without
a license or stamp; providing for criminal penalties upon failure to pay the
civil penalty within a specified time or to appear before the court;
amending CS for CS for SBs 9, 1, and 248, as enacted by the 1989
Legislature; providing an additional saltwater fishing license fee; providing
an effective date.

Rep. Rudd moved that SB 13-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
motion was agreed to by the required Constitutional two-thirds vote and
SB 13-B was read the first time by title.
On motion by Rep. Rudd, the rules were waived by two-thirds vote and
the bill was read the second time by title.
Representative Rudd offered the following amendment:
Amendment 1-On page 2, lines 15-31; page 3, lines 1-31; page 4, lines
1-31; page 5, lines 1-31; page 6, lines 1-31; page 7, lines 1-31; and page 8,
lines 1-10, strike all of said lines (renumber subsequent section)
Rep. Rudd moved the adoption of the amendment.
During consideration thereof, without objection, further consideration of
SB 13-B with pending amendment was temporarily deferred.
THE SPEAKER IN THE CHAIR
Subsequently, without objection, the amendment was withdrawn.
Representatives R. C. Johnson, Mitchell, B. L. Johnson and Harden
offered the following amendment:
Amendment 2-On page 5, line 9, after the period insert: (h) Any
person fishing from a structure licensed pursuant to subparagraph (2)
(b)3.
Rep. R. C. Johnson moved the adoption of the amendment, which was
adopted.

Yeas-55
The Chair
Abrams
Arnold
Ascherl
Banjanin
Brown
Burke
Canady
Clark
Cosgrove
Crady
Dantzler
Davis
Deutsch
Nays-46
Arnall
Bainter
Bloom
Boyd
Bronson
Campbell
Carpenter
Crotty
Drage
Flagg
Frishe
Graham

Diaz-Balart, L.
Easterly
Figg
Friedman
Geller
Glickman
Goode
Gordon
Graber
Guber
Hafner
Harden
Hargrett
Harris

Hanson
Hawkins
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine
Jennings
Johnson, B. L.
Jones, D. L.
Kelly

Healey
Holzendorf
Jamerson
Johnson, R. C.
Jones, C. F.
Langton
Lawson
Locke
Logan
Long
Mackenzie
Mims
Morse
Peeples

King
Lewis
Liberti
Lippman
Lombard
Mackey
McEwan
Messersmith
Mitchell
Mortham
Patchett
Press

Reddick
Ritchie
Roberts
Sansom
Saunders
Silver
Simon
Sindler
Smith
Stone
Tobiassen
Tobin
Wetherell

Rehm
Renke
Rudd
Safley
Shelley
Simone
Thomas
Troxler
Webster
Wise

Votes after roll call:
Yeas-Juri
Representative Lawson offered the following title amendment:
Amendment 6-On page 1, line 12, after the semicolon insert:
providing an appropriation;
Rep. Lawson moved the adoption of the amendment, which was adopted
without objection.
On motion by Rep. Gordon, the House reconsidered the vote by which
Amendment 5 was adopted. The question recurred on the adoption of the
amendment, which failed of adoption.
On further motion by Rep. Gordon, the House reconsidered the vote by
which Amendment 6 was adopted. The question recurred on the adoption
of the amendment, which failed of adoption.

Representatives R. C. Johnson, B. L. Johnson, Mitchell and Harden On motion by Rep. Rudd, the rules were waived by two-thirds vote and
offered the following amendment: SB 13-B, as amended, was read the third time by title. On passage, the vote

Amendment 3-On page 4, lines 12 and 13, strike all of said lines and
insert: attempting to take marine fish therefrom, $500 per year. Owners,
operators, or custodians who elect to purchase such license must have the
license available for inspection at all times.
Rep. R. C. Johnson moved the adoption of the amendment, which was
adopted.
Representatives R. C. Johnson, B. L. Johnson, Mitchell and Harden
offered the following title amendment:
Amendment 4-On page 1, line 12, after the semicolon insert:
providing an exemption;
Rep. R. C. Johnson moved the adoption of the amendment, which was
adopted without objection.
Representative Lawson offered the following amendment:
Amendment 5-On page 8, line 10, after the period insert: Section 4.
There is hereby appropriated the sum of $300,000 to the Department of
Natural Resources from the Marine Resources Conservation Fund for the
oyster relaying program in Franklin County for fiscal year 1989-1990.
(renumber subsequent section)
Rep. Lawson moved the adoption of the amendment, which was adopted.
The vote was:

was:
Yeas-107
The Chair
Abrams
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Carpenter
Clements
Cosgrove
Crady
Crotty
Dantzler
Davis

Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Figg
Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden

Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson

Lewis
Liberti
Lippman
Locke
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Peeples
Press
Reddick
Rehm

20

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Renke
Ritchie
Rojas
Rudd
Safley
Sanderson
Nays-6
Goode
Irvine

Saunders
Shelley
Silver
Simon
Simone
Sindler

Patchett
Roberts

Smith
Thomas
Tobiassen
Tobin
Trammell
Troxler

Sansom

Valdes
Wallace
Webster
Wetherell
Wise

Stone

So the bill passed, as amended, and was immediately certified to the
Senate after engrossment.
REPRESENTATIVE LOCKE IN THE CHAIR

The Honorable Tom Gustafson, Speaker
I am directed to inform the House of Representatives that the Senate has
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed SB 9-B and requests the
concurrence of the House.
Joe Brown, Secretary

By Senator Kirkpatrick-
SB 9-B-A bill to be entitled An act relating to insurance; repealing s.
22 of C.S. for S.B. 845; abrogating the repeal of s. 627.331(4), F.S., which
requires the filing of certain underwriting rules for private passenger
automobile insurance and homeowners' insurance; providing an effective
date.

Rep. Deutsch moved that SB 9-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
motion was agreed to by the required Constitutional two-thirds vote and
SB 9-B was read the first time by title.
On motions by Rep. Deutsch, the rules were waived by two-thirds vote
and SB 9-B was read the second time by title and the third time by title.
On passage, the vote was:
Yeas-108

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Carpenter
Clark
Clements
Cosgrove
Crady
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Nays-3

Easterly
Figg
Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine

Holzendorf Sansom

Jamerson
Jennings
Johnson, B. L.
Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Morse
Mortham
Nergard
Ostrau
Patchett

Press
Reddick
Rehm
Renke
Ritchie
Roberts
Rojas
Rudd
Safley
Sanderson
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Stone

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

The Honorable Tom Gustafson, Speaker

I am directed to inform the House of Representatives that the Senate has
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed, as amended, SB 10-B and
requests the concurrence of the House.
Joe Brown, Secretary

By Senator Forman-
SB 10-B-A bill to be entitled An act relating to the tax on sales, use,
and other transactions; amending s. 212.03, F.S.; limiting to certain
facilities the exemption from the transient rentals tax for an entire facility;
providing for act to be read in pari material with certain prior acts;
amending s. 212.055, F. S.; providing for interlocal agreements; providing
an effective date.

Rep. Mackenzie moved that SB 10-B be admitted for introduction, the
Speaker having ruled the measure was outside the purview of the Call. The
motion was agreed to by the required Constitutional two-thirds vote and
SB 10-B was read the first time by title.
On motion by Rep. Mackenzie, the rules were waived by two-thirds vote
and the bill was read the second time by title.
Representative Mackenzie offered the following amendment:
Amendment 1-On page 2, line 12, through page 3, line 4, strike all of
said lines and insert:
Section 3. (1) Notwithstanding any provision of s. 212.055(2)(c),
Florida Statutes, the proceeds of the surtax levied under s. 212.055(2),
Florida Statutes, may be distributed pursuant to an interlocal agreement
entered into prior to June 30, 1989, between the county governing
authority, the school district in the county, and the municipalities
representing the majority of the county's municipal population in which
agreement a portion of such proceeds are shared with the school district.
(2) This section shall take effect upon becoming a law.
Section 4. Except as otherwise provided, this act shall take effect
October 1, 1989.
Rep. Mackenzie moved the adoption of the amendment, which was
adopted.
Representative Mackenzie offered the following title amendment:
Amendment 2-On page 1, lines 7-9, strike all of said lines and insert:
material with certain prior act; providing for interlocal agreements for local
governments levying the local option sales surtax; providing an effective
date.
Rep. Mackenzie moved the adoption of the amendment, which was
adopted.
Representative Mackenzie offered the following amendment:
Amendment 3-On page 1, line 12, insert:
Section 1. (1) Paragraph (d) of subsection (2) of section 206.9825,
Florida Statutes, 1988 Supplement, is amended to read:
206.9825 Aviation fuel tax.-
(2)(a) Notwithstanding the tax rate established in subsection (1), any
air carrier making the election pursuant to s. 212.0598 shall be subject to
a tax rate of 8 percent of the retail sales price of its purchases of each gallon
of aviation fuel. However, in no event shall the tax on aviation fuel
pursuant to this subsection be lower than 4.4 cents per gallon. The tax
levied pursuant to this subsection shall qualify for the special
apportionment formula for air carriers as provided in s. 212.0598.
(b) Any air carrier making the election pursuant to s. 212.0598 shall not
be entitled to the refund provided in s. 206.9855.
(c) Any person who is licensed by the department as an aviation fuel
dealer and who has an inventory of aviation fuel on which the tax provided
in subsection (1) has been paid and upon which he has collected the tax
imposed under this subsection may apply to the department for a refund
of the tax imposed under subsection (1) pursuant to s. 212.67.
(d) This subsection shall expire and be void on July 1, 1990 1989. This

repeal shall not be construed to relieve any person from the obligation to
remit the tax imposed by this subsection or to report as required under s.
206.9865.

21

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

(2) This section shall take effect July 1,1989, or upon this act becoming
a law, whichever occurs later. If this act becomes a law after July 1, 1989,
this section shall operate retroactively to July 1, 1989.
Section 2. Subsection (2) of section 212.0598, Florida Statutes, 1988
Supplement, is amended to read:
212.0598 Special provisions; air carriers.-
(2) The basis of the tax shall be the ratio of Florida mileage to total
mileage as determined pursuant to part IV of chapter 214 and this section.
The ratio shall be determined at the close of the carrier's preceding fiscal
year, except that the ratio in any carrier's fiscal year shall not change by
more than 10 percent over the carrier's previous fiscal year. The ratio shall
be applied each month to the carrier's total systemwide gross purchases of
tangible personal property and services otherwise taxable in Florida.
Section 3. 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 or the June 3, 1989, Special 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 or the June 3, 1989,
Special Session of the Legislature, the provisions of this act shall control.
(renumber)
Rep. Mackenzie moved the adoption of the amendment, which was
adopted.
Representative Mackenzie offered the following title amendment:
Amendment 4-On page 1, line 3, after "transactions;" insert:
amending s. 206.9825, F.S.; extending the repeal date for provisions which
authorize certain air carriers to pay an aviation fuel tax at a specified rate
on the retail price of such fuel; providing for retroactive effect; amending
s. 212.0598, F.S., which provides special provisions for application of sales
tax to purchases by certain air carriers; providing a limitation on the ratio
used to determine such application;
Rep. Mackenzie moved the adoption of the amendment, which was
adopted.
Representative Bloom offered the following amendment:
Amendment 5-On page 3, line 2, after the period insert: Section 4.
Section 213.28, Florida Statutes, is created to read:
213.28 Contracts with private auditors.-
(1) It is the intent of the Legislature that the Department of Revenue
be allowed to enter into contracts with certified public accountants to
audit taxpayer accounts on an "as-needed" basis. It is further the intent
of the Legislature that contracts not be used to supplant existing
departmental staff or as an alternative to hiring staff when that would
be more efficient.
(2) The Department of Revenue may contract with certified public
accountants to conduct an audit of any person who is subject to a Florida
revenue law. Those taxes administered under chapters 199, 206, 220, 221,
and 336 and part II of chapter 212 shall be excluded from such contracts,
unless the department and the Internal Revenue Service mutually agree
to include them on a case-by-case basis.
(3) Contracts in excess of $25,000 or in which hourly rates
substantially exceed the department's costs per hour must be approved
by the head of the department. Contracts under this section shall be
interpreted under Florida law and any action for resolution of any
dispute related to any such contract shall be brought under Florida law.
Contracts may contain such other terms and conditions as the
department deems appropriate under the circumstances.
(4) Certified public accountants entering into such contracts must be
in good standing under the laws of the state in which they are licensed
and in which the work is performed. They shall be bound by the same
confidentiality requirements and subject to the same penalties as the
department under s. 213.053. No return, return information, or
documentation obtained from the Internal Revenue Service under an

information-sharing agreement shall be divulged or disclosed in any
manner by an officer or employee of the department or any certified

public accountant under a contract authorized by this section, unless the
department and the Internal Revenue Service mutually agree to such
disclosure. Notwithstanding the provisions of ss. 192.105 and 213.053(2),
any officer or employee of the department or certified public accountant
under contract who willfully violates the provisions of this subsection
commits a felony of the third degree, punishable as provided in s. 775.082
or s. 775.083. This exemption is subject to the Open Government Sunset
Review Act in accordance with s. 119.14. (renumber subsequent sections)
Rep. Bloom moved the adoption of the amendment, which was adopted.
Representative Bloom offered the following title amendment:
Amendment 6-On page 1, line 9, after the semicolon insert: creating
s. 213.28, F.S.; providing legislative intent; authorizing the Department of
Revenue to contract with certified public accountants to audit persons
subject to specified revenue laws; requiring approval of the head of the
department for certain contracts; providing requirements with respect to
such contracts and certified public accountants; providing for application
of confidentiality requirements and related penalties; providing for
confidentiality of certain information obtained from the Internal Revenue
Service; providing a penalty; providing for future review and repeal;
Rep. Bloom moved the adoption of the amendment, which was adopted.
On motion by Rep. Mackenzie, the rules were waived by two-thirds vote
and SB 10-B, as amended, was read the third time by title. On passage, the
vote was:
Yeas-105

The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Bronson
Brown
Burke
Campbell
Canady
Carpenter
Clark
Cosgrove
Crady
Crotty
Dantzler
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Drage
Easterly
Nays-6
Goode
Irvine

Flagg
Frankel
Friedman
Frishe
Geller
Glickman
Gordon
Graber
Graham
Grindle
Guber
Hafner
Hanson
Harden
Hargrett
Harris
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Jamerson
Jennings
Johnson, B. L.

Morse
Roberts

Votes after roll call:
Yeas-Gutman
So the bill passed, as amended,
Senate after engrossment.

Johnson, R. C.
Jones, C. F.
Jones, D. L.
Juri
Kelly
King
Langton
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Long
Mackenzie
Mackey
McEwan
Messersmith
Mims
Mitchell
Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Reddick

Sansom

Rehm
Renke
Ritchie
Rojas
Rudd
Safley
Sanderson
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise

Stone

and was immediately certified to the

Messages from the Senate

The Honorable Tom Gustafson, Speaker
I am directed to inform the House of Representatives that the Senate has
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed CS/HB 1-B, with amendments,
and requests the concurrence of the House.
Joe Brown, Secretary

22

June 20, 1989

JOURNAL OF THE HOUSE]

CS/HB 1-B-A bill to be entitled An act relating to firearms; amending
s. 228.091, F.S.; increasing the penalties for trespass upon grounds or
facilities of public schools; amending s. 230.23, F.S.; providing for school
boards to add specified notice of possible criminal penalties to codes of
student conduct; amending s. 39.03, F.S.; requiring notification of the
district school superintendent or his designee of the arrest of a student
under certain circumstances; providing an exemption from public records
requirements; providing for future review and repeal; providing for
removal of information from school records; amending s. 790.01, F.S.;
providing for increased penalties for carrying concealed weapons or
firearms upon grounds or facilities of public and nonpublic schools;
amending s. 790.10, F.S.; adding destructive devices to weapons which may
not be improperly exhibited; providing for unlawful possession and
discharge of weapons and firearms on school property and at school
functions; providing a definition; providing exceptions; providing
penalties, including a mandatory minimum term of imprisonment for
unlawful possession or unlawful discharge in certain circumstances;
amending s. 790.06, F.S., to conform; providing for the act to be read in pari
material with certain prior acts; providing legislative findings and intent;
requiring persons to keep firearms in a locked container, another
reasonably secure manner, or secured with a trigger lock under certain
circumstances; providing criminal penalties; providing procedures with
respect to investigations and arrests; amending s. 784.05, F.S.; providing
enhanced penalties for culpable negligence in storing or leaving a loaded
firearm within the reach or easy access of a minor; creating s. 790.175, F.S.;
requiring specified warnings when firearms are sold or transferred;
providing a penalty; providing additional penalties for crimes involving
firearms; prescribing a condition on sales of firearms; providing penalties;
defining the term "minor" for purposes of this act; requiring elementary
and secondary schools to offer courses on gun safety; providing for act to
be read in pari material with certain prior acts; providing an effective date.

Senate Amendment 1-Strike everything after the enacting clause
and insert:
Section 1. Legislative findings and intent.-
(1) The Legislature finds that a tragically large number of Florida
children have been accidentally killed or seriously injured by negligently
stored firearms, that placing firearms within the reach or easy access of
children is irresponsible, encourages such accidents, and should be
prohibited, and that legislative action is necessary to protect the safety of
our children.
(2) It is the intent of the Legislature that adult citizens of the state
retain their right to keep and bear firearms for hunting and sporting
activities and for defense of self, family, home, and business and as
collectibles. Nothing in this act shall be construed to reduce or limit any
existing right to purchase and own firearms, or to provide authority to any
state or local agency to infringe upon the privacy of any family, home, or
business, except by lawful warrant.
Section 2. (1) A person who stores or leaves, on a premise under his
control, a loaded firearm, as defined in section 790.001, Florida Statutes,
and who knows or reasonably should know that a minor is likely to gain
access to the firearm without the lawful permission of the minor's parent
or the person having charge of the minor or without the supervision
required by law shall keep the firearm in a securely locked box or container
or in a location which a reasonable person would believe to be secure or
shall secure it with a trigger lock, except when he is carrying the firearm
on his body or within such close proximity thereto that he can retrieve and
use it as easily and quickly as if he carried it on his body.
(2) It is a misdemeanor of the second degree, punishable as provided
in section 775.082 or section 775.083, Florida Statutes, if a person violates
subsection (1) by failing to store or leave a firearm in the required manner
and as a result thereof a minor gains access to the firearm, without the
lawful permission of the minor's parent or the person having charge of the
minor, and possesses or exhibits it, without the supervision required by
law:
(a) In a public place; or

June 20, 1989

the age of 16.
Section 8. This act shall take effect October 1, 1989.

(b) In a rude, careless, angry, or threatening manner in violation of Senate Amendment 2-In title, strike everything before the enacting
section 790.10, Florida Statutes. clause and insert:

E OF REPRESENTATIVES 23

This subsection does not apply if the minor obtains the firearm as a result
of an unlawful entry by any person.
Section 3. Section 784.05, Florida Statutes, is amended to read:
784.05 Culpable negligence.-
(1) Whoever, through culpable negligence, exposes another person to
personal injury commits shall-be guily- of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or1 s. 775.083, or- s.775.084.
(2) Whoever, through culpable negligence, inflicts actual personal
injury on another commits shall bo guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or, s. 775.083, or *. 775.084.
(3) Whoever violates subsection (1) by storing or leaving a loaded
firearm within the reach or easy access of a minor commits, if the minor
obtains the firearm and uses it to inflict injury or death upon himself or
any other person, a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084. However, this subsection does not
apply:
(a) If the firearm was stored or left in a securely locked box or
container or in a location which a reasonable person would have believed
to be secure, or was securely locked with a trigger lock;
(b) If the minor obtains the firearm as a result of an unlawful entry
by any person;
(c) To injuries resulting from target or sport shooting accidents or
hunting accidents; or
(d) To members of the Armed Forces, National Guard, or State
Militia, or to police or other law enforcement officers, with respect to
firearm possession by a minor which occurs during or incidental to the
performance of their official duties.
Section 4. Section 790.175, Florida Statutes, is created to read:
790.175 Transfer or sale of firearms; required warnings; penalties.-
(1) Upon the retail commercial sale or retail transfer of any firearm, the
seller or transferor shall deliver a written warning to the purchaser or
transferee, which warning states, in block letters not less than one-fourth
inch in height:
"IT IS UNLAWFUL, AND PUNISHABLE
BY IMPRISONMENT AND FINE, FOR ANY
ADULT TO STORE OR LEAVE A FIREARM
IN ANY PLACE WITHIN THE REACH
OR EASY ACCESS OF A MINOR."
(2) Any retail or wholesale store, shop, or sales outlet which sells
firearms must conspicuously post at each purchase counter the following
warning in block letters not less than 1 inch in height:
"IT IS UNLAWFUL TO STORE
OR LEAVE A FIREARM IN ANY
PLACE WITHIN THE REACH OR
EASY ACCESS OF A MINOR."
(3) Any person or business knowingly violating a requirement to
provide warning under this section commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
Section 5. The Department of Education shall develop a gun safety
program for public education and shall submit the plan to the Legislature
by March 1, 1990, together with proposed implementing legislation.
Section 6. If any law which is amended by this act was also amended
by a law enacted at the 1989 Regular Session of the Legislature or at the
special session held on June 3, 1989, all 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 7. As used in this act the term "minor" means any person under

JOURNAL OF THE HOUSE OF REPRESENTATIVES

A bill to be entitled An act relating to firearms; providing legislative
findings and intent; requiring persons to keep firearms in a locked
container, another reasonably secure manner, or secured with a trigger lock
under certain circumstances; providing criminal penalties; amending s.
784.05, F.S.; providing enhanced penalties for culpable negligence in
storing or leaving a loaded firearm within the reach or easy access of a
minor; creating s. 790.175, F.S.; requiring specified warnings when firearms
are sold or transferred; providing a penalty; providing additional penalties
for crimes involving firearms; prescribing a condition on sales of firearms;
providing penalties; defining the term "minor" for purposes of this act;
requiring elementary and secondary schools to offer courses on gun safety;
providing for act to be read in pari material with certain prior acts;
providing an effective date.
Representative Glickman offered the following amendment to the
Senate amendment:
House Amendment 1 to Senate Amendment 1-On page 1, lines
21 and 25, before the word "right" insert: constitutional
Rep. Glickman moved the adoption of the amendment to the
amendment. On motion by Rep. Renke, the amendment to the amendment
was laid on the table.
Rep. Jennings moved that the House concur in the Senate amendments,
which was not agreed to.
On motions by Rep. Liberti, the House refused to concur in the Senate
amendments.
The action, together with the bill and amendments thereto, was
immediately certified to the Senate.

Recessed
On motion by Rep. Lippman, the House stood in informal recess at 4:36
p.m. to reconvene upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 5:58 p.m. A quorum was
present.

The Chair
Bloom
Burke
Campbell
Canady
Clements
Cosgrove
Crady
Crotty
Davis
Deutsch
Diaz-Balart, L.
Diaz-Balart, M.
Easterly
Figg
Flagg
Frankel
Friedman
Nays-39
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Boyd
Bronson
Brown
Carpenter

Frishe
Glickman
Gordon
Graber
Guber
Gutman
Hafner
Hanson
Hargrett
Harris
Healey
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine
Jamerson

Dantzler
Geller
Goode
Graham
Grindle
Harden
Hawkins
Holzendorf
Johnson, B. L.
Johnson, R. C.

Jennings
Jones, D. L.
Juri
King
Lewis
Lippman
Logan
Lombard
Long
Mackenzie
Messersmith
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press

Jones, C. F.
Kelly
Langton
Lawson
Locke
Mackey
McEwan
Mims
Mitchell
Ritchie

Reddick
Rehm
Renke
Rojas
Safley
Sansom
Saunders
Shelley
Silver
Simon
Simone
Smith
Thomas
Tobin
Troxler
Valdes
Wetherell

Roberts
Rudd
Sanderson
Sindler
Stone
Tobiassen
Trammell
Webster
Wise

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

The Honorable Tom Gustafson, Speaker

Messages from the Senate am directed to inform the House of Representatives that the Senate has
Messages from the Senate passed HB 4-B.
passed HB 4-B.
The Honorable Tom Gustafson, Speaker Joe Brown, Secretary
I am directed to inform the House of Representatives that the Senate has T H T a
passed SB 18-B and requests the concurrence of the House. The Honorable Tom Gustafson, Speaker

Joe Brown, Secretary

By Senator Grant and others-
SB 18-B-A bill to be entitled An act relating to firearms; providing
legislative findings and intent; requiring persons to keep firearms in a
locked container, another reasonably secure manner, or secured with a
trigger lock under certain circumstances; providing criminal penalties;
amending s. 784.05, F.S.; providing enhanced penalties for culpable
negligence in storing or leaving a loaded firearm within the reach or easy
access of a minor; providing procedures with respect to investigations and
arrests; creating s. 790.175, F.S.; requiring specified warnings when
firearms are sold or transferred; providing a penalty; providing additional
penalties for crimes involving firearms; prescribing a condition on sales of
firearms; providing penalties; defining the term "minor" for purposes of
this act; requiring elementary and secondary schools to offer courses on gun
safety; providing for act to be read in pari material with certain prior acts;
providing an effective date.
-was read the first time by title. On motion by Rep. Jennings, the rules
were waived by two-thirds vote and the bill was read the second time by
title.
On motion by Representatives Jennings and Silver, the rules were
waived by two-thirds vote and SB 18-B was read the third time by title.
On passage, the vote was:
Yeas-71

I am directed to inform the House of Representatives that the Senate has
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed HBs 21-B and 22-B.
Joe Brown, Secretary

The above bills were ordered enrolled.

The Honorable Tom Gustafson, Speaker
I am directed to inform the House of Representatives that the Senate has
concurred in House amendments and passed, as amended, SBs 10-B and
13-B.
Joe Brown, Secretary

Introduction and Reference
First Reading by Publication

By Representative Hawkins-
HB 2-B-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 certain persons to provide
notice with respect thereto; providing an effective date.

June 20, 1989

24

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Filed.

By Representatives Cosgrove, Patchett-
HB 13-B-A bill to be entitled An act relating to the tax on sales, use,
and other transactions; amending s. 212.03, F.S.; limiting to certain
facilities the exemption from the transient rentals tax for an entire facility;
providing an effective date.
Filed.

By Representative Rush-
HB 17-B-A bill to be entitled An act relating to road or turnpike
construction contracting; providing legislative intent; prohibiting certain
candidates for public office from receiving or soliciting funds from certain
persons involved in road or turnpike construction; providing a list of
persons who are prohibited from contributing to certain candidates;
providing penalties; providing an effective date.
Filed.

By Representative Rudd-
HB 19-B-A bill to be entitled An act relating to hunting, fishing, and
trapping; amending s. 372.71, F.S.; providing for noncriminal fines and
penalties for violations relating to the taking of wildlife or freshwater fish
without a license; providing for criminal penalties upon failure to pay a fine
or failure to appear before the court; providing an effective date.
Filed.

By Representative Lawson-
HB 23-B-A bill to be entitled An act relating to Apalachicola Bay;
providing appropriations to fund oyster relaying, transplanting, and shell
planting in the Apalachicola Bay; providing appropriations to fund a study
of the freshwater needs of the Apalachicola Bay; providing an effective
date.
Filed.

First Reading of Committee Substitutes by Publication

By the Committee on Criminal Justice and Representative Silver-
CS/HB 6-B-A bill to be entitled An act relating to stolen property;
amending ch. 538, F.S.; creating Part I, Second-Hand Dealers, consisting
of ss. 538.03, 538.04, 538.05, 538.06, 538.07, 538.08, 538.09, 538.11, 538.15,
538.16, and 538.17, F.S.; and creating Part II, Secondary Metals Recyclers,
consisting of ss. 538.18, 538.19, 538.20, 538.21, 538.22, 538.23, 538.24,
538.25, and 538.26, F.S.; providing definitions; providing recordkeeping
requirements, verification requirements, and criminal penalties; providing
for inspection of records and premises; mandating holding periods in
certain circumstances; providing penalties; providing pleading for return
of stolen property and providing procedure; providing for registration of
second-hand dealers and secondary metals recyclers with the Department
of Revenue; providing fees and establishing the Second-Hand Dealer and
Secondary Metals Recycler Clearing Trust Fund; providing for
fingerprinting; providing for a fine for violations and for denial,
suspension, or revocation of registration; providing powers and duties of
department; providing for rules; prohibiting certain acts and practices;
providing for disposal of property held by pawnbrokers and requiring
notice; authorizing local regulation; amending s. 680.104, F.S.; providing
for precedence over the Uniform Commercial Code; repealing ss. 538.01,
538.011, 538.012, 538.014, 538.016, 538.018, 538.019, 538.02, and 538.021,
F.S., relating to precious metals dealers, junk dealers, scrap-metal
processors, and foundries; repealing ss. 715.04, 715.041, 715.0415, and
715.042, F.S., relating to pawnbrokers; providing for the act to be read in
pari material with certain prior acts; providing an effective date.

By the Committee on Highway Safety & Construction and
Representative Peeples--
CS/HB 8-B-A bill to be entitled An act relating to contracts

administration; amending s. 120.53, F.S.; revising a provision of the
Administrative Procedure Act with respect to agency notice of a decision
on bids to allow notification by express delivery service; amending s.

337.11, F.S.; revising provisions relating to contracting with the
Department of Transportation; providing for bid solicitation notices with
respect to certain contracts; revising language with respect to protests,
bids, and recordkeeping; amending s. 337.16, F.S.; providing an exception
to the requirement of disqualification of delinquent contractors; correcting
a cross reference; amending s. 337.175, F.S.; revising language with respect
to retainage; providing an effective date.

By the Committee on Criminal Justice and Representatives Irvine,
Burke-
CS/HB 9-B-A bill to be entitled An act relating to criminal penalties;
amending s. 228.091, F.S.; increasing the penalties for trespass upon
grounds or facilities of public schools; amending s. 230.23, F.S.; providing
for school boards to add specified notice of possible criminal penalties to
codes of student conduct; amending s. 39.03, F.S.; requiring notification of
the district school superintendent or his designee of the arrest of a student
under certain circumstances; providing an exemption from public records
requirements; providing for future review and repeal; providing for
removal of information from school records; amending s. 790.01, F.S.;
providing for increased penalties for carrying concealed weapons or
firearms upon grounds or facilities of public and nonpublic schools;
amending s. 790.10, F.S.; adding destructive devices to weapons which may
not be improperly exhibited; providing for unlawful possession and
discharge of weapons and firearms on school property and at school
functions; providing a definition; providing exceptions; providing
penalties, including a mandatory minimum term of imprisonment for
unlawful possession or unlawful discharge in certain circumstances;
amending s. 790.06, F.S., to conform; creating s. 768.075, F.S.; providing
civil immunity to owners of interests in real property, and their agents,
with respect to death of or injury or damage to trespassers in certain
circumstances; providing for the act to be read in pari material with certain
prior acts; providing effective dates.

Recorded Votes
Representative Langton:
Yea-Motion to admit HB 12-B for introduction

Co-sponsors
HB 1-B-Rush

Reports of Standing Committees
The Committee on Rules & Calendar recommends the following pass:
HB 21-B, with 1 amendment
HB 22-B
The above bills were placed on the Calendar.
The Committee on Education recommends the following pass:
HB 3-B, with 3 amendments
The above bill was referred to the Committee on
Appropriations.
The Committee on Criminal Justice recommends committee substitutes
for the following:
HB 6-B
HB 1-B
HB 9-B
The Committee on Highway Safety & Construction recommends a
committee substitute for the following:
HB 8-B
The above committee substitutes were referred to the
Committee on Appropriations and, under the rule, HBs 6-B, 1-B,
9-B and 8-B were laid on the table.
The Committee on Education recommends the following pass:
HB 4-B, with 3 amendments

The Committee on Health Care recommends the following pass:
HB 5-B, with 3 amendments
HB 12-B, with 3 amendments

25

June 20, 1989

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The above bills were referred to the Committee on Finance &
Taxation.

The Committee on Education recommends the following not pass:
HB 10-B
HB 14-B

Enrolling Reports
HBs 4-B, 21-B and 22-B have been enrolled, signed by the required
Constitutional Officers and presented to the Governor on June 22, 1989.
John B. Phelps, Clerk

Communications

The Committee on Highway Safety & Construction recommends the
SCommunication was received from the Governor's Office advising that
following not pass: he had filed in the Office of the Secretary of State the following measures,
SB 3-B which he approved:

The above bills were laid on the table under the rule.

A rli nr-n-mn m -

July 6: HB 4-B.
July 7: HB 21-B.

LuAJV.P .AZR IL -and he had filed the following measure, which became law without his
On motion by Rep. Lippman, the House adjourned at 6:04 p.m. sine die. signature:
July 8: HB 22-B.

CHAMBER ACTION ON BILLS
TUESDAY, JUNE 20, 1989

HB 1-B-Placed in Rules & Calendar CS read first and second
times Amendments adopted Read third time CS passed
as amended 71-42 Refused to concur, requested Senate to
recede
HB 4-B-Placed in Rules & Calendar Read second time
Amendments adopted Read third time Passed as
amended 112-0
HB 5-B-Placed in Rules & Calendar Iden./Sim. Senate Bill
substituted Laid on Table under Rule,
Iden./Sim./Compare Bill passed, refer to SB 11-B
HB 6-B-Placed in Rules & Calendar Iden./Sim. Senate Bill
substituted Laid on Table under Rule,
Iden./Sim./Compare Bill passed, refer to SB 16-B
HB 8-B-Placed in Rules & Calendar
HB 11-B-Introduction allowed Iden./Sim. Senate Bill substituted
Laid on Table under Rule, Iden./Sim./Compare Bill
passed, refer to SB 12-B
HB 12-B-Placed in Rules & Calendar Iden./Sim. Senate Bill
substituted Laid on Table under Rule,
Iden./Sim./Compare Bill passed, refer to SB 8-B
HB 20-B-Introduction refused Reconsidered Introduction allowed
HB 21-B-Read second time Amendment adopted Read third time
Passed as amended 107-5

HB 22-B-Introduction allowed Read second time Read third time
Passed 109-3
SB 8-B-Introduction allowed Substituted for HB 12-B Read
second time Read third time Passed 108-4
SB 9-B-Introduction allowed Read second time Read third time
Passed 108-3
SB 10-B-Introduction allowed Read second time Amendments
adopted Read third time Passed as amended 105-6
SB 11-B-Introduction allowed Substituted for HB 5-B Read
second time Read third time Passed 111-2
SB 12-B-Introduction allowed Substituted for HB 11-B Read
second time Read third time Passed 111-2
SB 13-B-Introduction allowed Read second time Amendments
adopted Amendments reconsidered, failed Read third
time Passed as amended 107-6
SB 16-B-Introduction allowed Substituted for CS/HB 6-B Read
second time Read third time Passed 107-4
SB 18-B-Read second time Read third time Passed 71-39
The following local bills were passed: SB's 4-B, 5-B, and 6-B.
[Source: Legislative Information Division]

CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1 through 26,
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 19 through June 20,
1989. Additionally, there has been included a record of the transmittal of
Acts and actions taken by the Governor subsequent to the sine die
adjournment of the Special Session.

Clerk of the House
Tallahassee, Florida
June 22, 1989

26

June 20, 1989

11

INDEX

to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Special Session "B"

June 19-20, 1989

CONTENTS

Page
B ill Sponsors in "B Session ............................................................................................................................................. 28
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 ..................................................... 36

27

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Bill Sponsors in "B" Session

[Source: Information Division, Joint Legislative Management Committee]

ASCHERL, JACK-30th District
Sponsored: 20-B
BLOOM, ELAINE-104th District
Sponsored: 1-B
BURKE, JAMES C.-107th District
Co-sponsored: 9-B
CAMPBELL, ROY-22nd District
Sponsored: 3-B, 4-B
CLARK, BILL-91st District
Co-sponsored: 1-B
COSGROVE, JOHN F.-119th District
Sponsored: 1-B, 13-B
DIAZ-BALART, LINCOLN-110th District
Co-sponsored: 1-B
DIAZ-BALART, MARIO-115th District
Co-sponsored: 1-B
EASTERLY, TOM-118th District
Co-sponsored: 1-B
GLICKMAN, RONALD CARL-66th District
Co-sponsored: 1-B
GORDON, ELAINE-102nd District
Sponsored: 1-B, 5-B, 12-B
GRABER, BEN-89th District
Co-sponsored: 1-B
GUBER, SUSAN-117th District
Sponsored: 7-B
Co-sponsored: 1-B
GUTMAN, ALBERTO-105th District
Co-sponsored: 1-B
HAFNER, LARS A.-54th District
Co-sponsored: 1-B
HANSON, CAROL G.-87th District
Co-sponsored: 1-B
HAWKINS, MARY ELLEN-75th District
Sponsored: 2-B
HEALEY, EDWARD J.-84th District
Sponsored: 1-B
HILL, JAMES C., JR.-80th District
Co-sponsored: 1-B
HUENINK, JEFFREY C.-58th District
Co-sponsored: 1-B
IRVINE, FRANCES L.-21st District
Sponsored: 9-B
JAMERSON, DOUGLAS L.-55th District
Sponsored: 11-B
JENNINGS, HARRY-69th District
Sponsored: 1-B
JONES, C. FRED-42nd District
Sponsored: 5-B, 21-B
JURI, NILO--llth District
Co-sponsored: 1-B
KELLY, EVERETT A.-46th District
Sponsored: 12-B

KING, JAMES E., JR.-18th District
Co-sponsored: 1-B
LANGTON, MICHAEL E.-15th District
Sponsored: 14-B
LAWSON, ALFRED J., JR.-9th District
Sponsored: 23-B
LIPPMAN, FREDERICK-97th District
Sponsored: 12-B
LOMBARD, JAMES M.-70th District
Sponsored: 1-B
LONG, JOHN-48th District
Sponsored: 1-B, 21-B
MACKEY, JOSEPH R., JR.-12th District
Co-sponsored: 12-B
MESSERSMITH, FRANK S.-85th District
Sponsored: 22-B
MORSE, LUIS C.-113th District
Co-sponsored: 1-B
OSTRAU, NORMAN-96th District
Sponsored: 22-B
PATCHETT, R. DALE-78th District
Sponsored: 18-B
Co-sponsored: 13-B
PEEPLES, VERNON-72nd District
Sponsored: 8-B
REHM, GERALD S.-51st District
Co-sponsored: 1-B
RENKE, JOHN K., II-49th District
Sponsored: 21-B
RUDD, HURLEY W.-lOth District
Sponsored: 19-B
RUSH, BRIAN P.-59th District
Sponsored: 15-B, 16-B, 17-B
Co-sponsored: 1-B
SAFLEY, R. Z.-50th District
Co-sponsored: 1-B
SHELLEY, ROBERT J.-92nd District
Co-sponsored: 1-B
SILVER, RONALD A.-100th District
Sponsored: 1-B, 6-B
SIMONE, PEGGY-68th District
Co-sponsored: 1-B
SMITH, CHARLES R.-47th District
Co-sponsored: 1-B
THOMAS, DAVID L.-71st District
Co-sponsored: 1-B
TOBIASSEN, THOMAS J.-lst District
Sponsored: 10-B
TRAMMELL, ROBERT DEWITT-8th District
Sponsored: 12-B
WETHERELL, T. K.-29th District
Sponsored: 22-B

CRIMINAL JUSTICE
Committee Substitutes: 1-B, 6-B, 9-B

HIGHWAY SAFETY & CONSTRUCTION
Committee Substitutes: 8-B

28

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Miscellaneous Subjects

Pages Subject

BILLS
HB 22-B, legislative intent ............................................................. 17-18
EXCUSED ABSENCES .................................. .............................. 2, 6
MEMBERS
Canady, Charles T.; change of party affiliation ..................................6..
PRAYERS ...................... 1

PROCLAMAT IO N

RULES
W aiver of Rule 6............................................... ............................... 5
VOTING
Abstain .............................. .... .................. ...............................

INDEX

Subject

29

Pages

...........
,

1

p %

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-

ACCOUNTANTS
Delinquent tax audits, contract with Revenue Department; confiden-
tiality requirements, S10-B

ADVERTISING
Transportation contracts, $250,000 or less; bid advertisement in coun-
ty where work is located, H8-B

APALACHICOLA, CITY OF
Apalachicola Bay
Freshwater needs assessment study by Northwest Florida Water
Management District, H23-B

APPOINTMENTS
Governor
Correctional Medical Authority, nine members in lieu of five,
S12-B, H11-B
Government-Financed Health Care Task Force, S11-B, H5-B
Private Sector Health Care Responsibility Task Force, S11-B,
H5-B
Legislature
Government-Financed Health Care Task Force, S11-B, H5-B
Private Sector Health Care Responsibility Task Force, S11-B,
H5-B

APPROPRIATIONS
Apalachicola Bay Conservation, H23-B
Calhoun County, funding for acute care hospital services to residents
and surrounding rural areas, S8-B, H12-B
Corrections Department
Salaries; second training academy site; drug detection and treat-
ment services expenses; educational services work camps, H20-B
Environmental Regulation Department
Northwest Florida Water Management District re funding of fresh-
water needs of Apalachicola Bay, H23-B
Government-Financed Health Care Task Force, S11-B, H5-B
Governor
Private Sector Health Care Responsibility Task Force, S11-B,
H5-B
Health Care Cost Containment Board
Health care public-sector purchasers statewide conference study
and expenses, S11-B, H5-B
State Courts Administrator
Jurors and witnesses, expenses, H20-B
Supreme Court
Justices; judges of District Courts of Appeal, circuit courts, and
county courts; salary increases, H20-B

ARRESTS
Family member shooting child accidentally, arrest restricted for sev-
en-day period, S18-B

-B-

BIDS
Transportation projects; prerequisites for protesting bid solicitation
and protesting contract awards or rejections, H8-B

BONDS
Turnpike projects, revenue bond issuance, S3-B, H18-B

BONDS (Cont.)
Turnpikes, bonding; solicitation of funds from corporations or busi-
ness entities involved in bonding process prohibited, H17-B

BREVARD COUNTY
Canaveral National Seashore Park; preservation of historic and wide-
ly known name of "Canaveral" supported, S14-B

BROWARD COUNTY
Port Everglades District Port Jurisdictional Area; comprehensive
plan and land development regulations, consistency, S4-B

-C-

CALHOUN COUNTY
Acute care hospital services, residents and surrounding rural areas;
feasibility study, reports; local funding options, S8-B, H12-B

CERTIFICATES OF NEED
Hospice, home health services and swing beds, rural hospitals; certain
exemptions, S8-B, H12-B
Rural hospital programs, application fees; emergency care hospital
defined; Medicaid participation; impact statement, S8-B, H12-B

CIVIL PROCEDURE
Fees; additional $5.00 per case paid by plaintiff, funding court costs,
H20-B
Fees; trial and appellate proceedings, filing service charges increased,
H20-B
Trial and appellate proceedings, filing service charges increased,
H20-B

CLERKS OF COURTS
Appeals or petitions filed with Supreme Court; $250 filing fees for all
cases docketed, H20-B
Trial and appellate proceedings, filing service charges increased,
H20-B

COMMUNITY COLLEGES
Students
Firearm or other weapon, unauthorized possession; suspension and
expulsion, S15-B, H10-B
Weapons and firearms, unauthorized possession; expulsion criteria,
S15-B, H10-B
Tax districts, 0.5 ad valorem tax levy authorized by S 1388, 1989
Regular Session; law repealed, S7-B, H4-B

COMPREHENSIVE PLANNING
Correctional facilities, siting of additional; criteria and procedures su-
persede and are in lieu of review and approval, H21-B
Development allowed under preliminary development agreement; rule
adoption by regional planning agencies; fee collection, H21-B
Development of regional impact, outside of Areas of Critical State
Concern; State Comprehensive Plan, consistency, H21-B
Local Governments
Preliminary development agreement, thresholds for levels of devel-
opment, H21-B
Preliminary development agreement, thresholds for levels of develop-
ment, H21-B
Quality Development applications, regional planning council's review,
comment and recommendations, H21-B
Wildlife or vegetation, additional mitigation of adverse developments
of regional impact; requirements limited, H21-B

30

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

CONTRACTS
Bid solicitations and contract awards; prerequisites for protesting,
provision; bond forfeiture for frivolous action, H8-B

CORRECTIONS, DEPARTMENT OF
Comprehensive correctional master plan, development; additional
bedspace funding, requirement, S12-B, H11-B
Control Release Authority, uniform criteria re number and type of in-
mates being released into community under control release,
S12-B, H11-B
Correctional Medical Authority; increases members, revises restric-
tions, requirements, report re lease or manage medical services,
S12-B, H11-B
Criminal Justice Estimating Conference, duties; forecasts prison ad-
mission by offense categories, S12-B, H11-B
Interstate Agreement on Detainers, created; delineated by articles
rather than subsections, S12-B, H11-B
Prisoners
Control Release Authority, uniform criteria re number and type of
inmates being released into community under control release,
S12-B, H11-B
Gain-time
Provisional Release
Supervision, extending length; provisional release date, defini-
tion, S12-B, H11-B
Provisional credits, eligibility requirements revised re specified hei-
nous crimes, S12-B, H11-B

COURTS
Court costs; additional $5.00 per case paid by plaintiff in civil cases,
H20-B
Interstate Agreement on Detainers, created; delineated by articles
rather than subsections, S12-B, H11-B
Trial and appellate proceedings, filing service charges increased,
H20-B

CRIMINAL PROCEDURE
Interstate Agreement on Detainers, created; delineated by articles
rather than subsections, S12-B, H11-B
Rules of Criminal Procedure
Rule 3.701; offenses, admissions by specified categories; forecasts re
state planning and budgeting system, S12-B, H11-B
Trial and appellate proceedings, filing service charges increased,
H20-B

-D-

DADE COUNTY
Health Technologies Center, established and administered by statu-
tory teaching hospital; development and growth of health sciences,
S8-B, H12-B

DEAF AND THE BLIND, FLORIDA SCHOOL FOR
Personnel screening, security background investigations, fingerprint-
ing, S2-B, H3-B, H4-B

DISABLED PERSONS
Parking
Entitlement parking permit, unexpired; continuance for one year
beyond present expiration date on presentation, S17-B
International wheelchair user symbol, issuance; including certified
severely physically disabled and permanent mobility problems,
S17-B
Out-of-state persons; parking reciprocity, S17-B
Taglet provision deleted; placard displayed on dashboard or rear-
view mirror, S17-B

DISCLOSURE
Public Officers and Employees
Elections, political committees; contributions by corporations, clari-
fied, H22-B

DISTRICT COURTS OF APPEAL
Appeals, filing fees $250 for each case docketed, H20-B

Trial and appellate proceedings, filing service charges increased,
H20-B

EDUCATION
Allied health care training programs, study conducted by Department
of Education, S8-B, H12-B
Firearm safety education packages, development for different age
groups from entering school-aged children through parents, H14-B
Firearm safety education program, elementary and secondary stu-
dents; development; report and implementing legislation, Sl-B,
S18-B, CS/H1-B
Health Technologies Center (Dade County), established at statutory
teaching hospital; development and growth of health sciences,
S8-B, H12-B
Students
Firearm safety education packages, development for different age
groups from entering school-aged children through parents,
H14-B
Firearm safety education program, elementary and secondary stu-
dents; development; report and implementing legislation, S1-B,
S18-B, CS/H1-B
Weapons and Firearms
Firearm or other weapon, unauthorized possession; suspension
and expulsion, S15-B, H10-B
Grade 6 or above; suspension; notice to superintendent with his-
tory of student's actions; expel recommendation, S15-B,
H10-B

ELECTIONS
Candidates
Campaign Financing
Contributions
Political committee redefined; effective date clarified, H22-B
Turnpikes, bonding; solicitation of funds from corporations or busi-
ness entities involved in bonding process prohibited, H17-B
Political Committees
Corporate contributions; political committees definition clarified,
H22-B

EMERGENCY MEDICAL SERVICES
Emergency care hospital, inpatient care of ill or injured persons need-
ing care for period of 96 hours, or respite, skilled nursing, S8-B,
H12-B
Physicians' assistants, certified nurse midwives, nurse practitioners
and nurses in rural areas; number increased; funding, S8-B,
H12-B

ENVIRONMENTAL REGULATION, DEPARTMENT OF
Central Florida Beltway Mitigation, adverse environmental effects;
mitigation through acquisition of lands and restoration, S3-B,
H18-B

ETHICS, CODE OF
Public Officers and Employees
Contributions, political committee redefined; statements, filing; ef-
fective date clarified, H22-B
Turnpikes, bonding; solicitation of funds from corporations or busi-
ness entities involved in bonding process prohibited, H17-B

-F-

FAMILIES
Firearm safety education packages, development for different age
groups from entering school-aged children through parents, H14-B

FINGERPRINTING
Deaf and the Blind, Florida School for; personnel screening, security
background checks, S2-B, H3-B, H4-B
Secondary metals recyclers, S16-B, H6-B

FISHING
Licenses
Freshwater fish, taking without license; noncriminal fines and pen-
alties for violations, S13-B, H19-B
Taking fish without license; noncriminal fines and penalties,
S13-B, H19-B

FRANKLIN COUNTY
Apalachicola Bay
Freshwater needs assessment study by Northwest Florida Water
Management District, H23-B

31

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

GAME AND FRESH WATER FISH COMMISSION
Firearm safety education packages, development for different age
groups from entering school-aged children through parents, H14-B
Freshwater fish and wildlife, taking without license; noncriminal fines
and penalties for violations, S13-B, H19-B
Hunting and freshwater fishing, taking without license; noncriminal
fines and penalties for violations, S13-B, H19-B

GILCHRIST COUNTY
Medical Board abolished and transferred to Trenton Medical Center,
S5-B

GOVERNOR
Reports
Calhoun County Acute Care Hospital feasibility study, S8-B,
H12-B
Correctional Medical Authority
Medical services for inmates by nonprofit corporation, S12-B,
H11-B
Corrections Department
Comprehensive correctional master plan, S12-B, H11-B
Government-Financed Health Care Task Force, S11-B, H5-B
Health Care Cost Containment Board
Public-sector purchasers statewide conference conclusions and
recommendations, S11-B, H5-B
Health care, joint ventures; study, S11-B, H5-B
Health Technologies Center (Dade County), SS-B, H12-B
Private Sector Health Care Responsibility Task Force
Health care service payment responsibility, S11-B, H5-B

GROWTH MANAGEMENT
Correctional facilities, siting of additional; criteria and procedures su-
persede and are in lieu of review and approval, H21-B
Development allowed under preliminary development agreement; rule
adoption by regional planning agencies; fee collection, H21-B
Developments of regional impact outside of Areas of Critical State
Concern, consistent with State Comprehensive Plan, H21-B
Preliminary development agreement, thresholds for levels of develop-
ment, H21-B
Quality Development applications, regional planning council's review,
comment and recommendations; submission, H21-B
Wildlife or vegetation, additional mitigation of adverse developments
of regional impact; requirements limited, H21-B

-H-

HEALTH CARE
Government-Financed Health Care Task Force, created; federal, state
and local health care delivery; evaluation and assessment, S11-B,
H5-B
Health Technologies Center (Dade County), established at statutory
teaching hospital; development and growth of health sciences,
S8-B, H12-B
Joint ventures on health care, study impact; requirements, appoint-
ment of panel, reports, S11-B, H5-B

HEALTH CARE COST CONTAINMENT BOARD
Health care coverage, public-sector purchasing study and report,
S11-B, H5-B
Joint ventures on health care, study impact; appointment of panel,
Sll-B, H5-B

HOSPITALS
Allied health training programs and scholarship programs, rural post-
secondary education, S8-B, H12-B
Emergency care hospital, inpatient care of ill or injured persons need-
ing care for period of 96 hours, or respite, skilled nursing, S8-B,
H12-B
Health Technologies Center (Dade County), established at statutory
teaching hospital; development and growth of health sciences,
S8-B, H12-B
Physicians assistants, certified nurse midwives, nurse practitioners
and nurses in rural areas; number increased, S8-B, H12-B
Rural health care system, swing beds proportion exempt from certifi-
cate of need process, S8-B, H12-B

HOSPITALS (Cont.)
Rural hospitals, impact statements; specified health personnel, inclu-
sion in loan forgiveness program, S8-B, H12-B
Rural postsecondary allied health training programs and scholarship
programs; feasibility study, S8-B, H12-B

HUNTING
Licenses
Wildlife, taking without stamp; noncriminal infractions, S13-B,
H19-B

-I-

IMMUNITY
Trespassers; death, injury, or damage to trespassers; owner civil lia-
bility immunity; circumstances, S1-B, H1-B, H9-B
Trespassers, gross negligence or willful and wanton misconduct on in-
terested parties or agents causing death; exception, Sl-B, H1-B,
H9-B

IMPACT
Correctional facilities, siting of additional; criteria and procedures su-
persede and are in lieu of review and approval, H21-B
Developments of Regional Impact
Authorization, preliminary agreements, substantial deviations, vest-
ed rights, abandonment, H21-B
Development allowed under preliminary development agreement;
rule adoption, regional planning agencies; fee collection, H21-B
Outside of Areas of Critical State Concern, consistent with State
Comprehensive Plan, H21-B
Preliminary development agreement, thresholds for levels of devel-
opment, H21-B
Wildlife or vegetation, additional mitigation of adverse develop-
ments of regional impact; requirements limited, H21-B
Health care, study impact of joint ventures; requirements, appoint-
ment of panel, reports, Sll1-B, H5-B
Port facilities, development-of-regional-impact review; certain exemp-
tions modified, H21-B
Quality Development applications, regional planning council's review,
comment and recommendations submitted in 50 days, H21-B

INSURANCE
Homeowners' insurance, underwriting rules; repeal abrogated, S9-B
Motor Vehicles
Underwriting rules, private passenger and homeowners' insurance;
repeal abrogated, S9-B
State Group Insurance Program
Health care coverage, public-sector purchasing study and report,
S11-B, H5-B

-J-

JUDGES AND JUSTICES
Supreme Court
Salaries and benefits, H20-B

JURORS
Attendance, graduated fee scale beginning 10/1/89-10/1/92, H20-B
Driver license selection; list furnished by Highway Safety and Motor
Vehicles Department, H20-B
Jury selection, pilot program; Supreme Court re selection of jurors
from lists of licensed drivers and registered electors, H20-B
Traveling expenses and compensation; increased, H20-B

-L-

LAW ENFORCEMENT, DEPARTMENT OF
Firearm safety education packages, development for different age
groups from entering school-aged children through parents, H14-B

LEE COUNTY
Charity hospitals, operated by nonprofit corporation; liens; recovery,
S6-B

LEGISLATURE
Intergovernmental Relations Advisory Council

Health care coverage, public sector; study re provision, money
spending and types, S11-B, H5-B

32

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

LEGISLATURE (Cont.)
Reports
Calhoun County Acute Care Hospital feasibility study, S8-B,
H12-B
Corrections Department
Comprehensive correctional master plan, S12-B, H11-B
Education Department
Firearm safety education program, elementary and secondary
students; development, report and implementing legislation,
S1-B, S18-B, CS/H1-B
Rural postsecondary allied health training programs and scholar-
ship program feasibility study, S8-B, H12-B
Government-Financed Health Care Task Force, S11-B, H5-B
Health and Rehabilitative Services Department
Rural hospital clinical laboratory tests and radiological proce-
dures, study of level and types, S8-B, H12-B
Health Care Cost Containment Board
Public-sector purchasers statewide conference conclusions and
recommendations, S11-B, H5-B
Health care, joint ventures; study, S11-B, H5-B
Health Technologies Center (Dade County), S8-B, H12-B
Private Sector Health Care Responsibility Task Force
Health care service payment responsibility, S11-B, H5-B
Professional Regulation Department
Rural hospital respiratory care licensure standards, study of
types and level of tests, S8-B, H12-B
Supreme Court
Jury selection, pilot program, H20-B
1989 Regular Session Bills Affected by Special Session B
Aviation fuel, retail price; tax payment period extended to 1990 (H
1804), S10-B
Community college districts, 0.5 tax levy authorized; law repeal (S
1388), S7-B, H4-B
Comprehensive correctional master plan, development; additional
bedspace funding, requirement (S 335, H 300, H 820), S12-B,
H11-B
Correctional Medical Authority; increase members; certain restric-
tions revised (S 337, H 300, H 391), S12-B, H11-B
Deaf and the Blind, Florida School for; personnel screening, securi-
ty background checks (S1001, H 474), S2-B, H3-B, H4-B
Delinquent tax audits, contract with Revenue Department; confi-
dentiality requirements, penalties (S 754, H 625), S10-B
Developments of regional impact; authorization, preliminary agree-
ments, deviations, vested rights, abandonment (S 838, H 1460),
H21-B
Firearm accessibility, children (H 29), Sl-B, S18-B, H1-B, H7-B,
H15-B, H16-B
Health care public-sector purchasers statewide conference study
and expenses (S 485, H 684, H 952), S11-B, H5-B
Jury selection, pilot program; use of licensed drivers and registered
electors, Supreme Court duties (S 1141, H 8, H 237), H20-B
Saltwater fishing licenses, structures; inspection availability (S 9),
S13-B, H19-B
Secondhand dealers, secondary metals recyclers, consignment
shops; regulation (H 964, S 615), S16-B, H6-B
Students, unauthorized possession or firearm or other weapon; sus-
pension and expulsion (S115, S 749, H 1624), S15-B, H10-B
Taking game or fish without license; noncriminal infractions (S
804, H 975), S13-B, H19-B
Transient rentals tax, collection; exemptions provisions revised (S
267, S 1178, H1199), S10-B, H13-B
Transportation projects; prerequisites for protesting bid solicitation
and protesting contract awards or rejections (S 198), H8-B
Trespass on grounds or facilities of public schools (H 723, S 1182),
Sl-B, H1-B, H9-B
Turnpike projects, revenue bond issuance (S 1275), S3-B, H18-B
Weapons at schools, discharging or possession prohibited (H56,
H667, S948), S1-B, H1-B, H9-B

LOCAL GOVERNMENTS
Control Release Authority, uniform criteria re number and type of in-
mates being released into community under control release,
S12-B, H11-B
Infrastructure
Surtax
Infrastructure surtax, interlocal agreement adopted prior to

6/30/89 between local governments and school district, opera-
tive, S10-B

LOCAL GOVERNMENTS (Cont.)
Quality Development applications, regional planning council's review,
comment and recommendations submitted in 50 days, H21-B
Transportation
Contracts, $250,000 or less; bid advertisement in county where
work is located, H8-B
Wildlife or vegetation, additional mitigation of adverse developments
of regional impact; requirements limited, H21-B

-M-

MIDWIFERY
Nurse practitioners, nurses, and certified nurse midwives in rural ar-
eas; number increased; funding, S8-B, H12-B

MINORS
Firearm accessibility; unlawful act; misdemeanor or felony penalty,
circumstances, Sl-B, S18-B, Hl-B, H7-B
Firearm safety education packages, development for different age
groups from entering school-aged children through parents, H14-B
Juvenile Delinquency
Offender arrested for delinquent act, crime of violence or crime in-
volving deadly weapon, public records exemption, H9-B

MOTOR FUEL, SPECIAL FUEL AND OTHER POLLUTANTS
TAX
Aviation fuel, retail price; tax payment period extended to 1990,
S10-B

MOTOR VEHICLES
Licenses and Registrations
Disabled veterans; residency requirements deleted, S17-B
Press license plates, provisions deleted from personalized prestige
license plate section; application, issuance and design, S17-B

-N-

NONPROFIT CORPORATIONS
Correctional Medical Authority, operation; services, quality, S12-B,
H11-B

NURSES AND NURSING
Nurse practitioners, nurses, and certified nurse midwives in rural ar-
eas; number increased; funding, S8-B, H12-B
Physicians' assistants, certified nurse midwives, nurse practitioners
and nurses in rural areas; number increased; funding, S8-B,
H12-B

-0-

OPEN GOVERNMENT SUNSET REVIEW
Juvenile offender, arrested for delinquent act, crime of violence or
crime involving deadly weapon; public records exemption, H9-B
Medical review committee records created by Corrections Depart-
ment or Corrections Medical Authority, S12-B, H11-B

-P-

PARKING
Disabled Persons
Entitlement parking permit, unexpired; continuance for one year
beyond present expiration date on presentation, S17-B
International wheelchair user symbol, issuance; including certified
severely physically disabled and permanent mobility problems,
S17-B
Out-of-state persons; parking reciprocity, S17-B
Taglet provision deleted; placard displayed on dashboard or rear-
view mirror, S17-B
Wheelchair users; identification card, issuance, S17-B

PAROLE AND PROBATION
Commission
Sunset exemption, S12-B, Hll-B
Control Release Authority, uniform criteria re number and type of in-

mates being released into community under control release,
S12-B, H11-B

33

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

PAWNBROKERS
Property pawned, no payment; subject to sale or disposal, informa-
tion printed on pawn ticket, S16-B, H6-B

PENAL AND CORRECTIONAL INSTITUTIONS
Comprehensive correctional master plan, development; additional
bedspace funding; Correction Department duties, S12-B, H11-B
Criminal Justice Estimating Conference, duties; forecasts prison ad-
mission by offense categories, S12-B, H11-B
Interstate Agreement on Detainers, created; delineated by articles
rather than subsections, S12-B, H11-B
Prisoners
Control Release Authority, uniform criteria re number and type of
inmates being released into community under control release,
S12-B, H11-B
Gain-time
Provisional Release
Supervision, extending length; provisional release date, defini-
tion, S12-B, H11-B
Population overcrowding, provisional credits revised; restricting in-
mate release re specified heinous crimes, S12-B, H11-B

PHYSICIANS AND SURGEONS
Physician Assistants
Rural areas; number increased; funding, S8-B, H12-B

POPULAR NAMES
Central Florida Beltway Mitigation, S3-B, H18-B
Consignment Shops Regulation, S16-B, H6-B
David Berger Child Protection Act, H16-B
Firearm Safety and Prevention Act, H15-B
Interstate Agreement on Detainers, S12-B, H11-B
Second-Hand Dealers Regulation, S16-B, H6-B
Secondary Metals Recyclers, S16-B, H6-B

PORTS AND HARBORS
Port facilities, development-of-regional-impact review; certain exemp-
tions modified, H21-B

PRIVATE PROPERTY
Trespassers; death, injury or damages; civil liability immunity to
owners or agents, S1-B, H1-B, H9-B

PUBLIC RECORDS
Exemptions
Medical review committee records created by Corrections Depart-
ment or Corrections Medical Authority, S12-B, H11-B

-R-

RESOLUTIONS
Canaveral National Seashore Park; preservation of historic and wide-
ly known name of "Canaveral" supported, S14-B

REVENUE, DEPARTMENT OF
Second-hand dealers and secondary metals recyclers, rulemaking au-
thority, S16-B, H6-B
Second-hand dealers, pawnbrokers; records, books and accounts;
rules, adoption, S16-B, H6-B
Taxes, delinquent; contract with certified public accountant to audit;
confidentiality requirements, penalties, S10-B

ROADS AND BRIDGES
Delinquent contractors, bidding exceptions, H8-B
Transportation contracts, $250,000 or less; bid advertisement in coun-
ty where work is located, H8-B
Transportation projects; prerequisites for protesting bid solicitation
and protesting contract awards or rejections, H8-B
Turnpikes
Central Florida Beltway Mitigation, adverse environmental effects;
mitigation through acquisition of lands and restoration, S3-B,
H18-B
Concessions; lottery ticket-selling included in allowed sales and ser-
vices, S3-B, H18-B

Five-year plan; specified projects named; financing and refinancing,
S3-B, H18-B

ROADS AND BRIDGES (Cont.)
Turnpikes (Cont.)
Permitting and approval of projects, including environmental miti-
gation measures; inclusion in costs, S3-B, H18-B
Right-of-way acquisition, design or construction; contracts with lo-
cal governments, S3-B, H18-B

-S-

SALES TAX
Air carriers, tax ratio; determination, S10-B
Discretionary Tax
Infrastructure surtax, interlocal agreement adopted prior to 6/30/89
between local governments and school district operative, S10-B
Exemptions
Transient rentals tax, collection; exemptions provisions revised,
S10-B, H13-B
Transient rentals tax, collection; exemptions provisions revised,
S10-B, H13-B

SALTWATER FISHING
Licenses
Structures fixed to land and fee paid directly or indirectly to own-
er, operator, or custodian; $500 per year and on premises, S13-B

SCHOOLS
Firearm safety education program, elementary and secondary stu-
dents; development; report and implementing legislation, S1-B,
S18-B, CS/H1-B
Public school grounds or facilities; criminal penalties increased re
weapon carrying upon grounds or facilities, Sl-B, H1-B, H9-B
School Boards
Trespass or carrying concealed weapons upon public school
grounds or facilities; criminal penalties, codes of student con-
duct, Sl-B, H1-B, H9-B
Students
Firearm safety education packages, development for different age
groups from entering school-aged children through parents,
H14-B
Firearm safety education program, elementary and secondary stu-
dents; development; report and implementing legislation, Sl-B,
S18-B, CS/H1-B
Weapons and Firearms
Firearm or other weapon, unauthorized possession; suspension
and expulsion, S15-B, H10-B
Grade 6 or above; suspension; notice to superintendent with his-
tory of student's actions; expel recommendation, S15-B,
H10-B

SECONDHAND DEALERS
Consignment shops, regulation generally, S16-B, H6-B
Precious metals, swap lot, meet or flea market, consignment shop;
certain exemptions re garage sales, S16-B, H6-B
Regulation; recordkeeping requirements, inspection of records; hold-
ing periods; fines; stolen property, return, S16-B, H6-B
Secondary metals recyclers, regulation, S16-B, H6-B

SPECIAL DISTRICTS
Community college districts, 0.5 tax levy authorized by S 1388, 1989
Regular Session; law repealed, S7-B, H4-B

STATE UNIVERSITIES
Health Technologies Center (Dade County), established at statutory
teaching hospital; development and growth of health sciences,
S8-B, H12-B
Public-sector purchasing of health care coverage statewide confer-
ence, S11-B, H5-B
Students
Weapons and firearms, unauthorized possession; expulsion criteria,
S15-B, H10-B

SUPREME COURT
Appeals, filing fees $250 for each case docketed, H20-B

Jurors; pilot program re selection lists to include licensed drivers and
registered electors, H20-B

I

34

INDEX

JOURNAL OF THE HOUSE OF REPRESENTATIVES

TAXATION
Ad Valorem Tax
Community college districts, 0.5 tax levy authorized by S 1388,
1989 Regular Session; law repealed, S7-B, H4-B
Fractional-year assessment roll; return filing; notices by local gov-
ernments and lending institutions, H2-B
Community college districts, 0.5 tax levy authorized by S 1388, 1989
Regular Session; law repealed, S2-B, H3-B
Local government infrastructure surtax; interlocal agreements adopt-
ed prior to 6/30/89 sharing with school district, operative, S10-B
Property Appraisers
Fractional-year assessment roll, annual preparation, publication
and approval; valuation method, H2-B

TRANSPORTATION
Bid solicitations and contract awards; prerequisites for protesting,
provision; bond forfeiture for frivolous action, H8-B
Contracts
$250,000 or less; bid advertisement in county where work is located,
H8-B
Construction contracts, retainage of portion of amount due contrac-
tor for work completed until final completion and acceptance,
H8-B
Delinquent contractors, bidding exceptions, H8-B
Turnpikes
Bonding; solicitation of funds from corporations or business enti-
ties involved in bonding process prohibited, H17-B
Central Florida Beltway Mitigation, adverse environmental effects;
mitigation through acquisition of lands and restoration, S3-B,
H18-B
Concessions; lottery ticket-selling included in allowed sales and ser-
vices, S3-B, H18-B
Five-year plan; specified projects named; financing and refinancing,
S3-B, H18-B
Permitting and approval of projects, including environmental miti-
gation measures; inclusion in costs, S3-B, H18-B
Right-of-way acquisition, design or construction; contracts with lo-
cal governments, S3-B, H18-B

TRESPASS
Death, injury or damage to trespasser; civil liability immunity to
owners or agents, S1-B, H1-B, H9-B
Public school grounds or facilities; criminal penalties increased re
weapon carrying upon grounds or facilities, S1-B, H1-B, H9-B
Trespassers, gross negligence or willful and wanton misconduct on in-
terested parties or agents causing death; immunity exception,
Sl-B, H1-B, H9-B

TRUST FUNDS
Apalachicola Bay Conservation, H23-B
Second-Hand Dealer and Secondary Metals Recycler Clearing,
S16-B, H6-B

-W-

WATER CONSERVATION
Developments of regional impact; authorization, preliminary agree-
ments, substantial deviations, vested rights, abandonment, H21-B

WATER MANAGEMENT DISTRICTS
Central Florida Beltway Mitigation; land acquisition by affected dis-
tricts, S3-B, H18-B
Northwest Florida Water Management District
Apalachicola Bay, assessment of freshwater needs; funding from
Environmental Regulation Department, H23-B

WEAPONS AND FIREARMS
Child accessibility; unlawful act; misdemeanor or felony penalty, cir-
cumstances, Sl-B, S18-B, H1-B, H7-B
Children accidentally shot by another family member, arrest restrict-
ed for seven-day period, S18-B
Education program on safety, elementary and secondary students; de-
velopment; report and implementing legislation, Sl-B, S18-B,
CS/H1-B
Legislative findings and intent re negligently stored firearms and
rights of adults to keep firearms for recreation and defense, Sl-B,
S18-B, H1-B
Loaded firearms or weapons, furnishing to minors prohibited; penal-
ties, H7-B
Public school grounds or facilities; concealed weapons, carrying pro-
hibited; mandatory minimum prison term, Sl-B, H1-B, H9-B
Sales; 5 percent surcharge for firearms or ammunition, H15-B
Schools, discharging or possession prohibited, Sl-B, H1-B, H9-B
Students; firearm or other weapon, unauthorized possession; suspen-
sion and expulsion, S15-B, H10-B
Transfer or sale of firearms; written warnings to purchaser or trans-
feree re accessibility to minors, S1-B, S18-B, CS/H1-B, H15-B,
H16-B

WITNESSES
Attendance, graduated fee scale beginning 10/1/89-10/1/92, H20-B
Compensation and traveling expenses; increased, H20-B

35

INDEX

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
DHC-Died in House committee (no action by committee)
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

Schools/Weapons/Criminal Penalties (Jennings) 2, 8, 11-13
14, 22-24, 25 DM/CSP-SB 18-B
Ad Val Tax/Fractional-Yr. Assessment (Hawkins) 24-25
ID
Fla. School for Deaf & Blind (Campbell) 2, 25
DHC/CSP-HB 4-B
Deaf-Blind School/Community Colleges (Campbell) 2, 8, 11,
14-15, 16, 24, 25, 26 CH 89-535
Health Care (C.F. Jones) 3, 8, 11, 16, 25
LTH/CSP-SB 11-B
Stolen Property/Records/Penalties (Silver) 4-5, 8, 11, 16-17,
25 LTH/CSP-SB 16-B, CS/CS/HB 964
Weapons & Firearms/Minors (Guber) 2
DHC/CSP-SB 18-B
Contracts Administration (Peeples) 4, 5, 8, 25 DCH
Schools/Weapons/Criminal Penalties (Irvine) 3, 25 DHC
Weapons/Schools, Univ. & Colleges (Tobiassen) 3, 26
UHC/LTH
Correctional System (Jamerson) 4, 7-8, 11, 18
LTH/CSP-HB 9-A, SB 12-B, CS/CS/HB 300
Health Care/Facilities (Kelly) 3-4, 8, 11, 18-19, 25
LTH/CSP-SB 8-B, CS/SB 347, CS/CS/SB 128,
CS/CS/CS/HB 950

HB
13-B Transient Rentals Tax/Exemption (Cosgrove) 25
ID/CSP-CS/SB 1178, SB 10-B
14-B Weapons & Firearms/Educ./Children (Langton) 3, 26
UHC/LTH
15-B Firearm Safety & Prevention Act (Rush) 3
DHC/CSP-SB 18-B
16-B Firearms/Accessible to Minors (Rush) 2
DHC/CSP-SB 18-B
17-B Candidates/Funds Solicitation (Rush) 25 ID
18-B Turnpike System (Patchett) 2, 5
DHC/CSP-CS/CS/HB 1317
19-B Hunting, Fishing & Trapping (Rudd) 25 ID/CSP-SB 13-B
20-B Jurors & Witnesses (Ascherl) 6-7 DHC/CSP-CS/SB 1141
21-B Developments of Regional Impact (C.F. Jones) 7, 11, 19, 24,
25, 26 CH 89-536
22-B Elected Public Officer/Contributions (Wetherell) 8, 11, 17,
18, 24, 25, 26 CH 89-537
23-B Apalachicola Bay (Lawson) 25 ID

Turnpike System (Beard) 5, 26 CSP-CS/CS/HB 1317
Port Everglades District & Authority (McPherson) 8, 9
CH 89-538
Gilchrist County Medical Board (Kirkpatrick) 9, 10
CH 89-539
Lee Co./Charitable Hospital Liens (Dudley) 10 CH 89-540
Health Care/Facilities (Grizzle) 18, 19 CH 89-527
Automobile/Homeowner's Insurance (Kirkpatrick) 21
CH 89-528

SB

10-B
11-B
12-B
13-B

16-B
18-B

Taxation (Forman) 21, 22, 24 CH 89-529
Health Care (Malchon) 16 CH 89-530
Correctional System (Plummer) 18 CH 89-531
Hunting, Fishing & Trapping (McPherson) 20-21, 24
CH 89-532
Stolen Property/Records/Penalties (Beard) 17 CH 89-533
Firearms/Minors/Schools/Gun Safety (Grant) 24
CH 89-534

HB

1-B

2-B

3-B

4-B

5-B

6-B

7-B

8-B
9-B
10-B

11-B

12-B

SB

3-B
4-B

5-B

6-B
8-B
9-B

36

INDEX

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