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Title: Journal of the Florida House of Representatives
Physical Description: v. : ; 31 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: State of Florida
Place of Publication: Tallahassee
Creation Date: October 10, 1989
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 Related Items
Preceded by: Journal of the House of Representatives of the session of ...

Table of Contents
    Title Page
        Page i
    Members of the House of Representatives
        Page ii
        Page iii
        Page iv
    October 1989
        Tuesday, October 10
            Page 1
            Page 2
            Page 3
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
            Page 9
            Page 10
            Page 11
        Wednesday, October 11
            Page 12
            Page 13
    Index
        Contents
            Page 14
        Bill Sponsors in "C" Session
            Page 15
            Page 16
        Miscellaneous Subjects
            Page 17
        Vetoed Bills for 1989 Regular Session
            Page 18
        Subject Index of House and Senate Bills, Resolutions, and Memorials
            Page 19
            Page 20
            Page 21
            Page 22
        Numerical Index of House Bills, Resolutions and Memorials with Subject, Sponsor, and Disposition
            Page 23
Full Text




Journal

of the


Florida
House of Representatives



Special Session "C"
October 10 through October 11, 1989


of the
Seventy-fourth House
since Statehood in 1845



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








MEMBERS OF THE HOUSE OF REPRESENTATIVES
[Democrats in Roman (72); Republicans in Italic (48)]



District
1. Part of Escambia
Thomas J. "Tom" Tobiassen, Cantonment
2. Part of Escambia
Buzz Ritchie, Pensacola
3. Parts of Escambia, Santa Rosa
Tom Banjanin, Pensacola
4. Parts of Okaloosa, Santa Rosa [an uninhabited
portion of Escambia lies within this district]
Bolley L. "Bo" Johnson, Milton
5. Parts of Okaloosa, Walton
Robert T. Harden, Shalimar
6. Part of Bay
Ronald Clyde "Ron" Johnson, Panama City
7. Holmes, Washington and parts of Bay, Jack-
son, Walton
Sam Mitchell, Vernon
8. Calhoun, Gadsden, Gulf and parts of Bay,
Franklin, Jackson
Robert DeWitt "Rob" Trammell, Marianna
9. Liberty and parts of Franklin, Leon, Wakulla
Alfred J. "Al" Lawson, Jr., Tallahassee
10. Part of Leon
Hurley W. Rudd, Tallahassee
11. Dixie, Gilchrist, Jefferson, Lafayette, Levy,
Taylor and parts of Citrus, Marion, Wakulla
F. Allen Boyd, Jr., Monticello
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
18. Part of Duval
James E. "Jim" King, Jacksonville
19. Parts of Duval, St. Johns
Joseph Arnall, Atlantic Beach



District
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
(Deceased February 16, 1990)
Kelley R. Smith, Palatka
(Elected April 17, 1990)
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
38. Part of Orange
Bruce McEwan, Orlando









District
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
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
60. Part of Hillsborough
Mary Figg, Lutz



61. Parts of Hillsborough, Pasco
Carl Carpenter, Jr., Plant City



District
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
82. Part of Palm Beach
Ray Liberti, West Palm Beach



83. Part of Palm Beach
Lois J. Frankel, West Palm Beach








District
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
102. Part of Dade
Elaine Gordon, North Miami
103. Part of Dade
Michael Friedman, Surfside



District
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
(Resigned August 29, 1989)
Miguel A. De Grandy, Miami
(Elected August 29, 1989)
111. Part of Dade
Nilo Juri, Hialeah
(Resigned November 7, 1989)
Rodolfo Garcia, Jr., Hialeah
(Elected November 7, 1989)
112. Part of Dade
Carlos L. Valdes, Miami Springs
113. Part of Dade
Luis C. Morse, Miami
114. Part of Dade
Bruce Hoffmann, South Miami
115. Part of Dade
Mario Diaz-Balart, Miami
116. Part of Dade
Art Simon, Miami
117. Part of Dade
Susan Guber, Miami
118. Part of Dade
Tom Easterly, Miami
119. Part of Dade
John F. Cosgrove, Miami
120. Monroe and part of Dade
Ron Saunders, Key West



OFFICERS OF THE HOUSE OF REPRESENTATIVES



Speaker-Tom Gustafson
Speaker pro tempore-Sam Mitchell



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



















"The JournalOF THE


House of Representatives


THIRD SPECIAL SESSION-"C" of 1988-1990



Number 1



Tuesday, October 10, 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
Tuesday, October 10, 1989.



The House was called to order by the Honorable Tom Gustafson,
Speaker, at 1:00 p.m.
The following proclamation and amended proclamation were read:

PROCLAMATION

State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE AND
THE HOUSE OF REPRESENTATIVES:
WHEREAS, the United States Supreme Court in the recent case of
Webster v. Reproductive Health Services has recognized the compelling
interest of the states in protecting the rights of the unborn, and
WHEREAS, the Legislature of the State of Florida should have the
opportunity to address what actions by the state will assure that the rights
of the unborn are protected, undistracted by other compelling state
interests, 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 item 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 is convened in Special
Session commencing at 1:00 p.m., Tuesday, October 10, 1989, and
extending through 11:59 p.m., Friday, October 13, 1989.
Section 2.
That the Legislature of the State of Florida is convened for the sole and
exclusive purpose of considering the following matter: to expand the degree
of protection by law afforded to unborn children and their parents in the
State.



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
25th day of July, 1989.
BOB MARTINEZ
Governor



ATTEST:
JIM SMITH
Secretary of State



PROCLAMATION

State of Florida
Executive Department
Tallahassee
(Amendment to Proclamation dated July 25, 1989)
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE AND
THE HOUSE OF REPRESENTATIVES:
WHEREAS, on the 25th day of July, 1989, a Proclamation of the
Governor was issued convening a Special Session of the Florida Legislature
commencing at 1:00 p.m., Tuesday, October 10, 1989, and extending
through 11:59 p.m., Friday, October 13, 1989; and
WHEREAS, it is in the best interest of the citizens of the State of Florida
to amend the Proclamation of July 25, 1989, in order to expand the call of
the Special Session so that the Legislature may consider the additional
matters 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 two (2) of the Proclamation of the Governor dated July 25, 1989,
is hereby amended to read:
Section 2.
That the Legislature of the State of Florida is convened for the sole and
exclusive purpose of considering the following matters:
(a) Legislation expanding the degree of protection afforded to unborn
children and their parents in the State;
(b) Legislation appropriating $414,269 and 15 positions to fully fund the
Governor's 1989-90 fiscal year budget recommendation for the Department
of Health and Rehabilitative Services (hereinafter referred to as the
"department"), for program investigators who receive and investigate
reports of children who have been or are suspected of being abused or
neglected;
(c) Legislation appropriating $2,785,785 and 111 positions to fully fund
the Governor's 1989-90 fiscal year budget recommendation for the
department for protective service counselors who provide in-home services
to families which require agency intervention;
(d) Legislation appropriating $262,500 to fully fund the Governor's 1989-
90 fiscal year budget recommendation for the department for the Families
in Need of Services Program which provides initial intake for families with
a child alleged or suspected of being a runaway, truant, or beyond parental
control; and
(e) Legislation appropriating $983,274 and 36 positions for the 1989-90
fiscal year for the department for counselors responsible for supervising
children in foster care.



1



_ _














JOURNAL OF THE HOUSE OF REPRESENTATIVES



(f) Legislation revising Chapters 39, 63, 409, and 415 of the Florida
Statutes, which includes the following:
(1) A requirement that the circuit court expedite the resolution of
placement issues in cases involving children two years of age or under when
the child has been removed from the family.
(2) A requirement that before allowing a child to remain in or be
returned to a potentially abusive environment, the court shall make a
specific finding of fact that it is in the best interest of the child to remain
in or return to the home and that the reasons for removal have been
remedied to the extent that the child would not be in danger of further
abuse.
(3) A provision that the department shall be represented by legal counsel
at any proceeding in which the petition alleges dependency.
(4) A requirement that prior to reunification of the child with the family,
the department shall provide the court with a risk assessment which clearly
states the initial risks which existed, how those risks have been resolved,
and the potential benefits and dangers of reunification.
(5) A provision that the state attorney is a party in all dependency
proceedings in which there is a related criminal proceeding and shall
receive reasonable notice and pertinent information and be given an
opportunity to be heard at all other dependency proceedings, whether
contested or non-contested.
(6) A requirement that the department inform the court of the
involvement of the Child Protection Team and provide the court with a
complete report of its recommendations at any dependency proceeding.
(7) A provision that the guardian ad litem shall be appointed at the
earliest possible time, shall review all disposition recommendations and
changes in placement, and must be present at all critical stages of the
dependency proceeding or submit to the court a written report with
recommendations.
(8) A requirement that the department shall provide the court with any
conflicting opinions and recommendations from professionals or agencies
which provide services to the family and suggest any ways to resolve these
conflicts, and that the court shall consider this information before
reuniting the child with the family.
(9) A provision that before a child is placed with a relative, the
department shall conduct a study of the home to assure that the relative
is of good moral character and is safely able to care for the child.
(10) A requirement that the termination of parental rights of a physically
or sexually abused child or the sibling of such a child is permitted under
extraordinary circumstances without the prerequisite of a performance
agreement.
(11) A provision that foster parents shall be given priority consideration
as adoptive parents of children in their care who become available for
adoption.
Except as amended by this Proclamation, the Proclamation of the
Governor dated July 25, 1989, is ratified and reaffirmed.



IN TESTIMONY WHEREOF, I have hereunto set
my hand and caused the Great Seal of the State of
Florida to be affixed to this proclamation at the
Capitol, this 30th of August, 1989.
BOB MARTINEZ
Governor



ATTEST:
JIM SMITH
Secretary of State

Prayer
The following prayer was offered by Representative Kelly:
Our Heavenly Father, today is a momentous occasion in the history of
our great state-because we are here to debate one of the most profound
issues ever to face this great body. In these words of prayer I will not dwell
on the merits of either side, because You, above all we mortals, are most
knowing.



If there is a time when this legislative body needs Your divine wisdom
and guiding hand, it is now. This is one of the greatest deliberative bodies
in this nation. Every Member here today has helped to make it so and to
preserve its history. We know You will continue to make it work through
these times.
America is watching us today and I know You are sitting with each of
us as we do Your Will. You know we love and appreciate Your Presence.
Your Will will be done. In Your Divine Name. 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
De Grandy
Deutsch
Diaz-Balart
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
Martin
Martinez
McEwan
Mims
Mitchell
Morse
Mortham
Nergard
Ostrau
Patchett
Peeples
Press
Reaves
Reddick



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



Excused: Representative Messersmith, due to a commitment as National
Chairman of the American Legislative Exchange Council.
A quorum was present.

Pledge
The Members pledged allegiance to the Flag.

House Physicians
The Speaker announced that Representatives Thomas, Campbell and
D. L. Jones were serving as Doctors of the Day. Also serving in the Clinic
was Dr. Robert K. Casey, Gainesville.

The Journal
The Journal of June 20, 1989, Special Session "B", was corrected and, as
corrected, was approved.

Resignation of Representative L. Diaz-Balart and Election of
Representative De Grandy
The Department of State notified the Clerk of the House that Rep.
Miguel A. De Grandy had been elected on August 29, 1989 in a special
general election as a Member from the 110th District, replacing Rep.
Lincoln Diaz-Balart who resigned effective August 29, 1989. Rep.
De Grandy was administered the oath of office in the Chamber on
September 11, 1989.
The Speaker welcomed Representative De Grandy as a new Member of
the House.



/9



2



October 10, 1989









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Changes in Committee Assignments
The Speaker advised that he had created the following select
subcommittee and task force:
Select Subcommittee on Examinations of the Committee on Regulatory
Reform-Representatives Rudd (Chairman), Grindle and Langton.
Task Force on Teenage Pregnancy of the Committee on Health Care-
Representatives Frankel (Chairman), Albright, Campbell, Dantzler,
Gordon and Kelly.
The Speaker also advised that he had made the following changes in
assignments:
Subcommittee on Criminal Justice of the Committee on
Appropriations-Rep. Martinez, Chairman.
Rules & Calendar-Rep. Rudd.
Select Committee on Strategic Budget Planning-Rep. Saunders,
replacing Rep. Simon, who resigned.
Legislative Task Force on AIDS of the Committee on Health Care-Rep.
Flagg, Chairman.
Subcommittee on Health Practices-Rep. Flagg.



applicability; creating s. 390.34, F.S.; requiring physician determination
and findings as to viability in certain circumstances; creating s. 390.35, F.S.;
prohibiting nontherapeutic abortion of a viable unborn child; creating ss.
390.36, 390.37, and 390.38, F.S.; prohibiting use of public funds, public
facilities, or public employees for performing or assisting abortions not
necessary to save the life of the mother; creating s. 390.39, F.S.; providing
penalties; amending s. 390.011, F.S.; modifying definitions; providing an
effective date.
-was read the first time by title and referred to the Committees on
Health & Rehabilitative Services, Appropriations and Rules & Calendar.

By Representatives Guber, Reddick, Clark, Reaves-
HB 5-C-A bill to be entitled An act relating to termination of
pregnancies; amending s. 390.001, F.S.; providing legislative findings and
intent to protect the constitutional privacy right of women to reproductive
choice outside the limited sphere of the state's legitimate interest in
safeguarding the health of pregnant women and preserving the life of viable
unborn children; providing an effective date.
-was read the first time by title and referred to the Committees on
Health & Rehabilitative Services, Appropriations and Rules & Calendar.



Subcommittee on Health Financing of the Committee on Health Care- By Representatives Mims, Grindle, Cosgrove, Diaz-Balart, Tobiassen,
Rep. Frankel, Chairman. Crotty, Lawson-



Rep. Flagg was removed as Chairman and member of the Subcommittee
on Health Financing. Rep. Frankel was removed as a member of the
Subcommittee on Health Practices and as Chairman of the Legislative
Task Force on AIDS.
The Speaker also advised that the Subcommittee on Banking &
Commerce of the Committee on Commerce would now be named the
Subcommittee on Banking & Securities and the Subcommittee on
Workers' Compensation of the Committee on Commerce would now be
named the Subcommittee on General Commerce.

Recognition of Representative Martin
The Speaker recognized the return of Representative Sid Martin, who
had been ill, and the Members welcomed him with a standing ovation.

Introduction and Reference

By Representatives Goode, Reddick-
HM 1-C-A memorial to the Congress of the United States, urging
Congress to support an amendment to the Constitution of the United
States to guarantee the right of states to prohibit the desecration of the
flag.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representatives Wetherell, Ritchie, Campbell, Sindler, Langton,
Bronson, Reddick, Sansom-
HM 2-C-A memorial to the Congress of the United States, urging
Congress to propose an amendment to the Constitution of the United
States relating to desecration of the flag.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Banjanin-
HM 3-C-A memorial to the Congress of the United States, urging
Congress to propose an amendment to the Constitution of the United
States relating to desecration of the flag.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Banjanin-
HB 4-C-A bill to be entitled An act relating to abortion; creating s.
390.31, F.S.; providing legislative findings and intent; creating s. 390.32,
F.S.; providing definitions; creating s. 390.33, F.S.; providing for



HB 6-C-A bill to be entitled An act relating to children; amending s.
39.402, F.S.; modifying procedures for placement of a child in a shelter;
amending s. 39.404, F.S.; providing additional requirements for which a
petition alleging dependency must be filed; amending s. 39.408, F.S.;
requiring the inclusion of additional information in the predisposition
study for a disposition hearing in dependency cases; amending s. 39.41,
F.S.; modifying the court's powers of disposition; requiring the court to
consider certain conditions before a child is returned home; amending s.
39.453, F.S.; requiring additional information in judicial review of foster
care cases; placing certain restrictions on the court's power to return a child
home; amending s. 39.464, F.S.; providing additional circumstances under
which the state may petition for termination of parental rights; amending
s. 415.51, F.S.; providing for release of confidential information upon the
death of a child from abuse or neglect; providing an effective date.
-was read the first time by title and referred to the Committees on
Health & Rehabilitative Services, Appropriations and Rules & Calendar.

By Representatives Mims, Grindle, Cosgrove, Diaz-Balart, Tobiassen,
Crotty, Lawson-
HB 7-C-A bill to be entitled An act relating to the Guardian Ad Litem
Program; providing an appropriation to the state court system; providing
an effective date.
-was read the first time by title and referred to the Committees on
Appropriations and Rules & Calendar.

HB 8-C-Withdrawn

By Representative Glickman-
HB 9-C-A bill to be entitled An act relating to a straw ballot
referendum relating to abortion; proposing a certain question to the voters
of Florida and placing said question before the voters in a special election
to be held on March 13, 1990; providing an appropriation; providing an
effective date.
-was read the first time by title and referred to the Committees on
Health & Rehabilitative Services, Appropriations and Rules & Calendar.

By Representatives Langton, Clements, Boyd-
HB 10-C-A bill to be entitled An act relating to a straw ballot;
providing for questions relating to abortion to be submitted to the electors
at the November 1990 election; providing an effective date.
-was read the first time by title and referred to the Committees on
Health & Rehabilitative Services, Appropriations and Rules & Calendar.



October 10, 1989



3










JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representative Long-
HB 11-C-A bill to be entitled An act relating to educational finance;
amending s. 212.055, F.S., and creating s. 236.76, F.S.; providing for
distribution of the local government infrastructure surtax to school
districts; providing for expenditure of proceeds; providing a definition;
providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Campbell-
HB 12-C-A bill to be entitled An act relating to health care; providing
appropriations to the Department of Health and Rehabilitative Services
for the area health education centers, the Regional Perinatal Intensive
Care Centers Program, and the shared county and state health care
program for low-income persons; authorizing the department to advance
certain funds; requiring a report; providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Geller-
HB 13-C-A bill to be entitled An act relating to the State
Comprehensive Health Association Act; amending s. 20, ch. 89-167, Laws
of Florida; delaying the review and repeal of the act; extending the time
period for the issuance of certain policies and contracts; providing an
effective date.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Rush-



for notice of judicial review hearings to be given to the state attorney;
providing that the state attorney must be provided a copy of the social
services study and investigation report; providing conforming language
relating to predisposition studies; amending s. 39.464, F.S.; modifying
procedures for termination of parental rights; amending s. 63.022, F.S.;
expanding legislative intent on adoption; amending s. 409.165, F.S.;
specifying conditions for placement of a child with a relative; amending s.
415.502, F.S.; providing conforming language with respect to legislative
intent relating to comprehensive protective services for abused or
neglected children; amending s. 415.5055, F.S.; providing that the
department shall inform the court of the recommendations of child
protection teams in dependency proceedings; providing that the records
and reports of child protection teams are confidential; providing
exceptions; amending s. 415.508, F.S.; requiring participation by the
guardian ad litem in dependency proceedings; amending s. 415.51, F.S.;
limiting access to records in cases of child abuse or neglect; creating s.
415.5135, F.S.; providing for continuing education in the area of child abuse
and neglect; providing an effective date.
-was read the first time by title and referred to the Committees on
Health & Rehabilitative Services, Appropriations and Rules & Calendar.

By Representatives Irvine, Harden-
HB 17-C-A bill to be entitled An act relating to the termination of
pregnancies; amending s. 390.001, F.S.; prohibiting a termination of
pregnancy after viability; providing an exception; amending the standard
of medical care required if a termination of pregnancy is performed during
viability; requiring viability testing in certain circumstances; providing for
nonapplicability of criminal penalties to women undergoing termination of
pregnancy; providing an effective date.



R -A tio c in t N id Lit Al -was read the first time by title and referred to the Committees on
HR 14-C-A resolution commending the Northside Little League All- Health & Rehabilitative Services, Appropriations and Rules & Calendar.



Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Sansom-
HB 15-C-A bill to be entitled An act relating to youthful offenders;
amending s. 958.04, F.S.; providing for certain notification and
consultation regarding basic training program placement and extending
the time period for the sentencing court to notify the department;
providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representatives Hill, Mortham, Grindle, Thomas, Jennings,
Messersmith, Patchett, Albright-
HB 16-C-A bill to be entitled An act relating to juveniles; amending
s. 39.40, F.S.; requiring courts to expedite placement of a child in certain
dependency proceedings; amending s. 39.402, F.S.; prescribing priority of
the Department of Health and Rehabilitative Services in dependency
proceedings; providing legislative intent; requiring courts to make a
specific finding of fact that it is in the best interest of a child to be at home
under certain circumstances; providing that between the detention hearing
and the adjudicatory hearing the court shall decide if a child is to remain
in a shelter; requiring the state attorney to provide the court with certain
information; amending s. 39.404, F.S.; providing for notice of dependency
hearings to be given to the state attorney; providing that the department
be represented by an attorney at dependency proceedings; requiring the
state attorney to be present at dependency proceedings in which there is
a related criminal proceeding; amending s. 39.408, F.S.; requiring
reasonable notice to all interested persons of hearings for dependency
cases; prescribing documentation to be provided in a predisposition study;
providing for furnishing a copy of a predisposition study to the state
attorney; amending s. 39.41, F.S.; providing conforming language;
requiring the court to review and consider the predisposition study prior
to ordering the disposition of a case in which the court has adjudicated a
child to be dependent; requiring all parties to provide the court with
information in their possession relating to the proceeding; amending s.
39.453, F.S.; revising procedure for judicial review of placement; providing



By Representatives Frishe, Harden-
HB 18-C-A bill to be entitled An act relating to termination of
pregnancies; amending s. 390.001, F.S.; providing a limitation on the
requirement of notice to the husband; providing an effective date.
-was read the first time by title and referred to the Committees on
Health & Rehabilitative Services, Appropriations and Rules & Calendar.

By Representatives Canady, Harden-
HB 19-C-A bill to be entitled An act relating to adoption; creating s.
63.167, F.S.; requiring the establishment of a state adoption information
center and providing the functions thereof; providing rulemaking
authority; providing an appropriation; providing an effective date.
-was read the first time by title and referred to the Committees on
Health & Rehabilitative Services, Appropriations and Rules & Calendar.

By Representatives Hill, Harden, Healey-
HB 20-C-A bill to be entitled An act relating to abortion; creating s.
286.27, F.S.; prohibiting the use of public funds, public employees, or
public facilities in performing or assisting abortions, except in certain
circumstances; providing definitions; providing an effective date.
-was read the first time by title and referred to the Committees on
Health & Rehabilitative Services, Appropriations and Rules & Calendar.

By Representatives Irvine, Harden-
HB 21-C-A bill to be entitled An act relating to termination of
pregnancy; amending s. 390.002, F.S.; adding facility and physician
recordkeeping requirements; requiring certain pathological examinations;
requiring facility and physician reporting and annual statistical reports by
the Department of Health and Rehabilitative Services; providing for
implementation in conjunction with certain vital statistics provisions;
providing rulemaking authority; providing penalties; providing an effective
date.
-was read the first time by title and referred to the Committees on
Health & Rehabilitative Services, Appropriations and Rules & Calendar.



4



October 10, 1989













HB 22-C-A bill to be entitled An act relating to child abuse; amending
s. 92.53, F.S.; providing that the judge shall preside at a videotaping of
testimony of a sexual abuse or child abuse case except under certain
circumstances; providing criteria for the victim to testify outside of the
presence of the defendant; amending s. 92.54, F.S.; revising language with
respect to the use of closed circuit television in proceedings involving
sexual offenses against victims under the age of 16 to provide criteria for
testimony outside the presence of the defendant; amending s. 775.15, F.S.;
increasing the age limitation with respect to time limitations for certain
offenses; amending s. 794.022, F.S.; revising language with respect to the
rules of evidence with respect to certain crimes against children; amending
s. 960.02, F.S.; including reference to problems suffered by children as a
result of sexual abuse in the declaration of policy and legislative intent
under the Florida Crimes Compensation Act; amending s. 960.03, F.S.;
redefining the terms "crime" and "victim" to include reference to children;
amending s. 960.07, F.S.; providing a time period for the filing of a claim
with respect to certain acts committed against children; amending s.
960.13, F.S.; including reference to children with respect to awards under
the act; providing an effective date.
-was read the first time by title and referred to the Committees on
Judiciary, Appropriations and Rules & Calendar.

By Representative Hoffmann-
HR 23-C-A resolution commending the fourth annual Red Ribbon
Campaign.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Burke-
HB 24-C-A bill to be entitled An act relating to guardianship;
amending s. 112, ch. 89-96, Laws of Florida; delaying the operation of the
act, which revises the Florida Guardianship Law; providing legislative
intent; providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Huenink-
HB 25-C-A bill to be entitled An act relating to the Department of
Health and Rehabilitative Services; creating s. 402.355, F.S.; providing that
certain employees of the department are immune from civil and criminal
liability for actions taken within the scope of their employment; requiring
compliance with departmental rules and policies; requiring certification of
compliance; providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Arnall-
HB 26-C-A bill to be entitled An act relating to emergency
management; creating s. 252.365, F.S.; prohibiting the sale of supplies,
services, provisions, or equipment by vendors during emergencies at
excessive prices; providing a penalty; providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representatives Kelly, Canady, Arnold, Banjanin, Harden, Healey-
HB 27-C-A bill to be entitled An act relating to termination of
pregnancy; creating s. 458.3245, F.S.; providing for informed choice as to
abortion; requiring the provision of certain information; requiring certain
informed consent statements; imposing a waiting period; creating s.
383.075, F.S.; requiring the dissemination of certain printed materials
relating to pregnancy and abortion, including adoption information, free
of charge; providing for review and repeal; providing an appropriation;
providing an effective date.
-was read the first time by title and referred to the Committees on



Regulatory Reform, Appropriations and Rules & Calendar.



October 10, 1989

By Representative Roberts-



penalty, inspection, and injunction; providing for review and repeal;
providing an effective date.



By Representatives Webster, Troxler-
HB 28-C-A bill to be entitled An act relating to insurance; creating s.
766.1045, F.S.; requiring each facility licensed to perform termination of
pregnancy to maintain a specified amount of medical malpractice liability
insurance coverage; requiring annual submission of proof of coverage to the
Department of Health and Rehabilitative Services; providing an effective
date.
-was read the first time by title and referred to the Committees on
Health Care, Appropriations and Rules & Calendar.

By Representatives Webster, Arnold, Banjanin, Harden-
HB 29-C-A bill to be entitled An act relating to termination of
pregnancies; amending s. 395.002, F.S.; eliminating the exemption of
abortion clinics from "ambulatory surgical center" status; providing a
definition; reenacting ss. 627.6056, 627.6616, and 627.912(1), F.S., relating
to individual and group health insurance coverage for ambulatory surgical
center service and professional liability claims reporting, to incorporate
said amendment in references thereto; amending s. 395.005, F.S.; providing
for standards and rules for abortion clinics; amending s. 390.012, F.S.;
deleting rulemaking authority to regulate abortion clinics in a manner
inconsistent with the regulation of ambulatory surgical centers; repealing
ss. 390.013, 390.014, 390.015, 390.016, 390.017, 390.018, 390.019, and
390.021, F.S., relating to abortion clinic rules, licenses, license application,
license expiration and renewal, license suspension or revocation,
administrative penalty, inspection, and injunction; providing existing
abortion clinics a reasonable time for compliance; providing an effective
date.
-was read the first time by title and referred to the Committees on
Health Care, Appropriations and Rules & Calendar.

By Representative Banjanin-
HJR 30-C-A joint resolution proposing an amendment to Section 23
of Article I of the State Constitution relating to the right of privacy.
-was read the first time by title and referred to the Committees on
Health & Rehabilitative Services, Appropriations and Rules & Calendar.

By Representative Canady-
HB 31-C-A bill to be entitled An act relating to public records;
amending s. 119.07, F.S.; providing procedure and conditions for court-
ordered public access to certain confidential records in cases of child abuse,
neglect, or abandonment; authorizing the court to direct redaction of
records of the Department of Health and Rehabilitative Services, under
certain circumstances; providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Diaz-Balart-
HB 32-C-A bill to be entitled An act relating to abortion clinics;
creating s. 395.0025, F.S.; providing legislative findings; amending s.
395.002, F.S.; eliminating the exemption of abortion clinics from
"ambulatory surgical center" status; providing a definition; creating s.
395.0026, F.S.; providing additional requirements for specialty ambulatory
surgical centers, relating to compliance with building and safety codes,
operational integrity, and qualifications of administrators; providing for
denial, revocation, or suspension of licenses in certain circumstances;
providing for a fine; amending s. 395.003, F.S.; providing for issuance of
specialty ambulatory surgical center licenses; amending s. 395.005, F.S.;
providing for standards and rules for abortion clinics; amending s. 390.012,
F.S.; deleting rulemaking authority to regulate abortion clinics in a manner
inconsistent with the regulation of ambulatory surgical centers; amending
ss. 627.912, 627.6056, and 627.6616, F.S., to add specialty ambulatory
surgical centers to provisions relating to professional liability claims
reporting and individual and group health insurance coverage; repealing ss.
390.013, 390.014, 390.015, 390.016, 390.017, 390.018, 390.019, and 390.021,
F.S., relating to abortion clinic rules, licenses, license application, license
expiration and renewal, license suspension or revocation, administrative



JOURNAL OF THE HOUSE OF REPRESENTATIVES



5









JOURNAL OF THE HOUSE OF REPRESENTATIVES



-was read the first time by title and referred to the Committees on
Health Care, Appropriations and Rules & Calendar.

By Representative Liberti-
HB 33-C-A bill to be entitled An act relating to State Minimum
Building Codes; repealing s. 553.73(15), F.S., which exempts certain one or
two family dwellings from specification standards developed to determine
compliance with section 1205 of the Standard Building Code, and from
engineering design criteria of said section, except under certain
circumstances; providing an effective date.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representatives Webster, Irvine, Hanson, Arnold, Banjanin, Harden,
Hill, Sindler, Canady, Ireland, Patchett, Juri, Diaz-Balart, De Grandy,
Frishe, Lombard, McEwan, Lewis, Thomas, Crotty, Drage, Kelly-
HB 34-C-A bill to be entitled An act relating to termination of
pregnancies; creating the "Abortion Clinic Licensure Act"; creating s.
390.101, F.S.; providing a short title; creating s. 390.102, F.S.; providing
definitions; creating s. 390.103, F.S.; prohibiting operation, use, or
advertisement of unlicensed abortion facilities; creating s. 390.104, F.S.;
providing for abortion clinic licensure, including license and renewal
applications and fees; providing for a trust fund; creating s. 390.105, F.S.;
providing for administration of abortion clinics; requiring a governing body
and providing duties thereof; providing requirements with respect to
clinical staff and personnel; creating s. 390.106, F.S.; providing facility and
equipment requirements; creating s. 390.107, F.S.; requiring the
establishment and enforcement of minimum standards; creating s. 390.108,
F.S.; providing specified limitations on an abortion clinic's use of
laboratory and surgical services and administration of analgesia,
anesthesia, and pharmaceuticals; creating s. 390.109, F.S.; requiring
transferal to hospitals in certain circumstances and providing for transfer
and transportation procedures; creating s. 390.111, F.S.; providing for
content, availability, confidentiality, and audit of clinical records; creating
s. 390.112, F.S.; requiring certain inspections, investigations, and reporting
to regulatory boards; creating s. 390.113, F.S.; providing for inspection
reports and public availability thereof; creating s. 390.114, F.S.; providing
administrative penalties, including fines; providing for emergency orders
and moratoriums on admissions in certain circumstances; creating s.
390.115, F.S.; prohibiting unlicensed abortion clinics and providing
criminal penalties; creating s. 390.116, F.S.; authorizing enforcement by
injunction or other process; providing rulemaking authority; amending ss.
390.001 and 390.002, F.S., to conform; repealing ss. 390.011, 390.012,
390.013, 390.014, 390.015, 390.016, 390.017, 390.018, 390.019, and 390.021,
F.S., relating to definitions, powers of the department, effective date of
rules, licenses, license application, license expiration and renewal, license
suspension or revocation, administrative penalty, inspections and
investigations, and injunction; providing for review and repeal; providing
an effective date.
-was read the first time by title and referred to the Committees on
Health Care, Appropriations and Rules & Calendar.

Communications
Vetoed Bills
The following veto messages were received:



The Honorable Tom Gustafson
Speaker, House of Representatives



October 3, 1989



Dear Mr. Speaker:
In compliance with the provisions of Article III, Section 8(b) of the State
Constitution, I am transmitting to you for consideration of the House the
following 1989 vetoed bills, Regular Session. The Governor's objections are
attached thereto:
CS/CS/HB 300 Relating to the correctional system
CS/HBs 356 & 1449 Relating to criminal penalties
CS/HBs 387 & 1255 Relating to public transit
CS/HBs 494 & 1084 Relating to life-prolonging procedures



CS/HB 629 Relating to unemployment compensation
CS/CS/HB 823 Relating to education
CS/CS/HB 855 Relating to insurance
HB 912 Relating to public food services establishments
CS/CS/CS/HB 950 Relating to health care
CS/CS/HB 964 Relating to stolen property
CS/HB 1119 Relating to airports
HB 1672 Relating to Santa Rosa County
CS/HB 1737 Relating to neighborhood improvement districts
Sincerely,
JIM SMITH
Secretary of State



June 28, 1989



Honorable Jim Smith
Secretary of State



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for Committee Substitute for House Bill
300, enacted by the Eleventh Legislature of Florida under the Florida
Constitution, 1968 Revision, during the Regular Session of 1989, and
entitled:
An act relating to the correctional system; creating s. 951.28, F.S.;
authorizing counties to seek reimbursement from county prisoners for
certain expenses; requiring the sheriff to provide the county with
certain information; requiring cooperation by the prisoner;
authorizing investigations; authorizing civil actions by the county;
providing venue; providing for use of reimbursements; limiting the
group of inmates who may be released into the provisional release
supervision program; requiring mandatory substitution of conditional
release supervision for provisional release supervision in certain
circumstances; amending s. 944.17, F.S.; expanding provisions relating
to documents required upon commitment or transfer into the state
correctional system; amending s. 944.485, F.S.; providing for disclosure
of income and assets; providing for exemptions from disclosure;
providing for court determination of ability to pay and indigency;
providing for withholding of incentive gain-time under s. 944.275 F.S.,
in certain circumstances providing for collection of moneys by the
Department of Corrections; 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 the supervision of prisoners released by reason of provisional
credits; amending s. 947.005, F.S.; providing a definition of
"provisional release date"; amending s. 947.1405, F.S.; modifying
provisions relating to conditional release supervision; amending s.
948.06, F.S.; authorizing forfeiture of gain-time upon revocation of
probation or community control; expanding the role of the Crime
Prevention and Law Enforcement Study Commission; amending
chapter 83-131, Laws of Florida; deferring future review and repeal of
the Parole Commission; authorizing the Department of Corrections to
develop rules and procedures and employ personnel; amending s.
944.485, F.S.; providing for the disclosure of inmate's income and
assets; providing for exemptions from disclosure; providing for court
determination of ability to pay and indigency; providing for
withholding of incentive gain-time under s. 944.275, in certain
circumstances; providing for collection of moneys by the Department
of Corrections; providing effective dates.
While I concur fully with the substantive goals expressed in this
legislation, a series of defects in the title to the legislation create
impediments to actually implementing these laws. The Legislature during
its Special Session on June 19 and the 20th, 1989, recognized these defects
and corrected and repassed this legislation in the form of Senate Bill 12B
of that Special Session.
For these reasons, I am withholding my approval of Committee
Substitute for Committee Substitute for House Bill 300, Regular Session



6



October 10, 1989









JOURNAL OF THE HOUSE OF REPRESENTATIVES



of the Legislature, commencing on April 4, 1989, and do hereby veto the
same.
Sincerely,
BOB MARTINEZ
Governor
Honorable Jim Smith July 3, 1989
Secretary of State
Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for House Bills 356 and 1449, enacted by
the Eleventh Legislature of Florida under the Florida Constitution, 1968
Revision, during the Regular Session of 1989, and entitled:
An act relating to criminal penalties; amending s. 775.082, F.S.;
authorizing imposition of a sentence of life imprisonment without the
possibility of parole for a capital felony when the death penalty is not
imposed or is held unconstitutional; requiring that persons sentenced
to life imprisonment for noncapital felonies serve 25 years before
becoming parole eligible; amending s. 775.15, F.S., to conform;
amending s. 921.141, F.S.; authorizing imposition of a sentence of life
imprisonment without the possibility of parole for capital felonies and
requiring imposition of such sentence when, upon review, the
judgment of conviction is upheld but the death sentence is overturned;
providing effective dates.
This bill would establish a third penalty option of life without possibility
of parole for persons convicted of capital felonies, in addition to the
existing penalties of (1) life with a 25 year mandatory minimum before
becoming eligible for parole, and (2) a sentence of death imposed pursuant
to s. 921.141 F.S. This bill also provides that persons convicted of felonies
other than capital felonies and who receive life sentences, shall be eligible
for parole after serving 25 years.
I am extremely concerned about the effect this bill would have upon the
application of capital punishment in Florida. The bill fails to contain any
criteria for the sentencing authority to apply in deciding which of the three
sentencing options to impose. There are no guidelines for the capital jury
and sentencing judge to follow to distinguish between imposition of a
sentence of life without possibility of parole, and death; or between a
sentence of life without possibility of parole, and life with a 25 year
mandatory minimum. As a result, this bill fails to supply any guided
discretion in the sentencing scheme as required by Proffitt vs. Florida, 429
U.S. 242 (1976) and its progeny.
For these reasons, I am withholding my approval of Committee
Substitute for House Bills 356 and 1449, Regular Session of the
Legislature, commencing on April 4, 1989, and do hereby veto the same.
Sincerely,
BOB MARTINEZ
Governor



July 5, 1989



Honorable Jim Smith
Secretary of State



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for House Bills 387 and 1255, enacted by
the Eleventh Legislature of Florida under the Florida Constitution, 1968
Revision, during the Regular Session of 1989, and entitled:
An act relating to public transit; amending s. 339.135, F.S.; providing
for allocation of public transit block grant funds; amending s. 339.175,
F.S.; revising language with respect to transportation planning
organizations; relating to membership on the M.P.O.; amending s.
341.031, F.S.; revising definitions for purposes of the Florida Public
Transit Act; amending s. 341.041, F.S.; requiring the Department of
Transportation to develop and administer state measures concerning
public transit systems and including productivity in such measures;
revising the measures for certain responsibilities of the department



relating to operation of transit systems; amending s. 341.051, F.S.;
requiring the department to develop and implement a capital
investment policy; creating s. 341.052, F.S.; establishing a public
transit block grant program; providing uses for which block grant
funds may be expended; providing limitations on use of funds;
providing for distribution of funds; providing for review of the
distribution of funds by the Coordinating Council on the
Transportation Disadvantaged and for recommendations to legislative
transportation committees; creating s. 341.071, F.S.; requiring eligible
public transit providers to establish productivity and performance
measures; requiring certain reports and publication with respect
thereto; amending s. 119.07, F.S.; correcting a reference; amending s.
212.69, F.S.; revising provisions relating to use of proceeds of the tax
on the sale of fuels for public transit and rail projects; correcting a
reference; providing an effective date.
The purpose of this bill is to create a public transit block grant program
and is a concept supported by the Florida Transportation Commission.
The concepts of this legislation have merit, but I am concerned because the
planning and implementation of an effective mass transit program in urban
areas is a key element to proper growth management. This legislation fails
to tie the development of such programs to the use of urban service areas
or a similar concept and does not contain consistency requirements with
Florida's Growth Management Act.
For these reasons, I am withholding my approval of Committee
Substitute for House Bills 387 and 1255, Regular Session of the
Legislature, commencing on April 4, 1989, and do hereby veto the same.
Sincerely,
BOB MARTINEZ
Governor



July 3, 1989



Honorable Jim Smith
Secretary of State



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for House Bills 494 and 1084, enacted by
the Eleventh Legislature of Florida under the Florida Constitution, 1968
Revision, during the Regular Session of 1989, and entitled:
An act relating to life-prolonging procedures; amending s. 765.03, F.S.;
revising the definition of the term "life-prolonging procedure" as used
in ss. 765.01-765.15, F.S., the Life-Prolonging Procedure Act of
Florida, which act provides a procedure for permitting life-prolonging
procedures to be withheld or withdrawn from a patient in a terminal
condition under certain circumstances; amending s. 765.05, F.S.;
revising the suggested form of declaration; creating s. 765.075, F.S.;
requiring certain determinations and documentation to be made by
certain physicians before nutrition or hydration may be withheld or
withdrawn; creating s. 765.17, F.S.; providing for recognition of
declarations executed in other states; providing an effective date.
This legislation deals with the same subject and issues that have recently
appeared in an opinion of the Second District Court of Appeals-In re:
Guardianship of Estelle M. Browning, Incompetent, 14 F.L.W. 956 (April
21, 1989). It has also been the subject of a large volume of mail and
telephone communications to my office.
I, like each of the individuals who have contacted my office and the
Second District Court of Appeals, am concerned about the complexity of
the human condition in the circumstances covered by the legislation, and
the medical, ethical, social and technological advances which relate to this
subject. It is an issue which must be evaluated within a cluster of competing
interests. At the root of the decision making process, it is the opinion of the
Second District Court of Appeals that one finds the constitutional right of
privacy which is guaranteed by Florida's Constitution. The Court has
concluded that its decision in this matter expressly construes a provision
of the State Constitution, and that it involves issues of great public
importance. The decision and the question of a patient's right of self-
determination to forego sustenance provided artificially by a nasogastric
tube has been certified to the Supreme Court of Florida.



7



October 10, 1989










8 JOURNAL OF THE HOUSE

I am concerned that the Legislature has prematurely entered this arena
without the complete constitutional guidance from the State Supreme
Court on this most complex issue and upon the fundamental issue of each
individual's constitutional right to privacy as guaranteed by Florida's
Constitution in Article I, Section 23.
For these reasons, I am withholding my approval of Committee
Substitute for House Bills 494 and 1084, Regular Session of the
Legislature, commencing on April 4, 1989, and do hereby veto the same.
Sincerely,
BOB MARTINEZ
Governor
Honorable Jim Smith June 27, 1989
Secretary of State
Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for House Bill 629, enacted by the
Eleventh Legislature of Florida under the Florida Constitution, 1968
Revision, during the Regular Session of 1989, and entitled:
An act relating to unemployment compensation; amending s. 443.111,
F.S.; changing the maximum weekly benefit amount; providing
application; providing an effective date.
The legislation establishes an automatic formula for the maximum
weekly benefit amount of unemployment compensation. I am concerned
because the increase in benefits for unemployed compensation currently
undergoes a policy review by the Legislature which allows a wide variety
of factors to be considered before an increase or other change is made to
the benefits.
Legislative policy makers have demonstrated their ability to address this
issue as the need arises by changing the cap four times since 1980 in
response to changing needs and circumstances within Florida.
For these reasons, I am withholding my approval of Committee
Substitute for House Bill 629, Regular Session of the Legislature,
commencing on April 4, 1989, and do hereby veto the same.
Sincerely,
BOB MARTINEZ
Governor
Honorable Jim Smith July 5, 1989
Secretary of State
Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for Committee Substitute for House Bill
823, enacted by the Eleventh Legislature of Florida under the Florida
Constitution, 1968 Revision, during the Regular Session of 1989, and
entitled:
An act relating to education; amending s. 228.041, F.S.; including
developmental research schools within the definition of public schools;
creating s. 228.053, F.S.; creating the "Sidney Martin Developmental
Research School Act"; establishing developmental research schools;
providing mission; providing admission criteria; providing for fees;
providing for supplemental support organizations; providing for
personnel; creating an advisory board; providing duties; providing for
funding; creating a Developmental Research School Educational
Facility Trust Fund and a Developmental Research School Trust
Fund, and providing purposes thereof; providing a formula for capital
outlay and operating funding; authorizing additional funds for
upgrading, renovating, and remodeling science laboratories; providing
for developmental research schools to be designated as teacher



education centers for inservice training; providing for the use of funds
from the Developmental Research School Trust Fund for inservice
activities; providing for implementation; providing for audits; creating
s. 230.015, F.S.; designating developmental research schools as special
school districts; providing accountability to the Department of



OF REPRESENTATIVES October 10, 1989

Education; amending s. 236.0817, F.S., relating to funding for
developmental research schools; creating the Joint Developmental
Research School Planning, Articulation, and Evaluation Committee;
providing for review and repeal; providing an effective date.



I am concerned with this legislation because laboratory schools vary in
their admissions policies and mission statements. They exist for the
purpose of developing and testing educational innovations through
selective admissions policies chosen demographically to resemble the
state's public school population. In this unique capacity, they are currently
funded in the State University System's budget and do not receive funding
from the Florida Education Finance Program, but do participate in
selected public school categorical programs. I am concerned that by
reorganizing the funding mechanism and mandating that these laboratory
schools become part of the FEFP that inconsistencies between the special
mission of laboratory schools may be frustrated or partially eliminated
under this new structure.
For these reasons, I am withholding my approval of Committee
Substitute for Committee Substitute for House Bill 823, Regular Session
of the Legislature, commencing on April 4, 1989, and do hereby veto the
same.
Sincerely,
BOB MARTINEZ
Governor



July 3, 1989



Honorable Jim Smith
Secretary of State



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for Committee Substitute for House Bill
855, enacted by the Eleventh Legislature of Florida under the Florida
Constitution, 1968 Revision, during the Regular Session of 1989, and
entitled:
An act relating to insurance; creating s. 11.402, F.S.; providing
legislative intent; renumbering and amending ss. 350.061, 350.0611,
350.0612, 350.0613, and 350.0614, F.S.; directing the Legislative
Auditing Committee to appoint a Public Counsel to represent the
general public before the Department of Insurance and the Florida
Public Service Commission; providing for powers and duties;
providing that the Legislative Auditing Committee may authorize the
Public Counsel to employ certain assistants; providing for the location
of the Office of the Public Counsel; creating a Public Counsel Trust
Fund; amending s. 624.523, F.S.; relating to the Insurance
Commissioner's Regulatory Trust Fund; providing for funding of the
Office of the Public Counsel; amending s. 624.319, F.S.; granting the
Public Counsel access to examination and investigation reports
pertaining to health and motor vehicle insurance; providing an
exemption from public records requirements with respect to such
reports; providing for future review and repeal; requiring a report;
amending ss. 112.3145, 407.54 and 427.503, F.S. to conform; providing
an effective date.
The objective of the Legislature in establishing a public counsel is to
create an advocate for the consumer in insurance rate-making cases. This
is a worthy goal with good intentions, and I endorse the concept of a
consumer advocate in such circumstances for the protection of the public
and the individual consumers.
I am concerned that there are two unintended consequences of this
legislation, however, which may cause several million dollars of lost savings
to the consumers of Florida.. This is based on an initial concern that the
staffing patterns may not provide the expertise and experience in
insurance matters to make the public counsel an effective advocate for
consumers, particularly in the early stages of the legislation.
Additionally, I am concerned because the legislation fails to address the
procedures for rate increases by not taking into account the new role of a
public counsel at the time of the initial filings for an increase. Currently,
when a rate increase is submitted to the Department of Insurance, a
company begins to collect the new premium rate. The insurance



E









JOURNAL OF THE HOUSI



commissioner may act immediately when such rate increases are filed.
There is no restriction on the time when this intervention by the
Commissioner may occur.
Under the new law, an initial delay of up to 60 days results while the
public counsel makes a determination of whether or not to intervene in the
rate case. The delay may extend for longer periods of time while
preparation for the hearing is undertaken. During this period, neither the
Department nor the public counsel is authorized to order a retrospective
rate decrease. During the delay, the company is permitted to collect the
increased rate and is not required to refund the rates to the consumer
which are collected during this period of delay.
In the last calendar year, the Department, unrestricted by the delays
imposed by this legislation, adjusted increases downward based upon their
independent determination with an estimated savings of more than $18
million in the area of automobile insurance alone. With the inability of the
Department and the public counsel to continue this practice, the
consumers could lose as much as 2/3rds of these savings. I am confident
that the Legislature did not intend to create the possibility for these kinds
of results.
I am also concerned because a virtually identical version of this public
counsel law was previously enacted by the Legislature for Worker's
Compensation Insurance. The Legislature permitted the public counsel
law to sunset because it apparently was ineffective and was unable to
achieve the desired results.
During my review of the Appropriations Act, I decided not to veto the
funding provided by the Legislature for the Office of Public Counsel
because I believe the objectives to be both appropriate and well-intended.
Further, the Speaker of the House and the President of the Senate have
already determined that there will be a Special Session of the Legislature
in October of 1989. This provides an opportunity for the Legislature to
readdress the concept of a consumer advocate for the Department of
Insurance and to correct the deficiencies that are found in this legislation.
It is my intention to expand the purposes of the October Special Session
to include this subject matter, and to support the position of a consumer
advocate in matters relating to insurance rate-making that is free of the
problems which exist in this proposal.
For these reasons, I am withholding my approval of Committee
Substitute for Committee Substitute for House Bill 855, Regular Session
of the Legislature, commencing on April 4, 1989, and do hereby veto the
same.
Sincerely,
BOB MARTINEZ
Governor
Honorable Jim Smith June 27, 1989
Secretary of State
Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, House Bill 912, enacted by the Eleventh Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular Session
of 1989, and entitled:
An act relating to public food services establishments; amending s.
509.013, F.S.; revising an exclusion from the definition of such
establishments for certain nonprofit organizations; creating an
exclusion from the definition of such establishments; amending s.
509.232, F.S.; providing that carnivals and similar events operated by
such organizations are exempt from certain temporary food service
regulations; providing an effective date.
I am concerned that exempting not-for-profit organizations from
temporary food service regulations would considerably weaken the
Department of Health and Rehabilitative Service's efforts in preventing
foodborne illnesses. There is potential that an increased risk to the public
will result from this exemption. Many functions to which this would apply



are carried out in temporary facilities which are more susceptible to food
contamination and other such events take place in open and unprotected



October 10, 1989



Honorable Jim Smith
Secretary of State



June 27, 1989



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for Committee Substitute for
Committee Substitute for House Bill 950, enacted by the Eleventh
Legislature of Florida under the Florida Constitution, 1968 Revision,
during the Regular Session of 1989, and 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;
providing an exception to the appropriations act with respect to
pharmacies and the prescription drug program; 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; amending s. 154.209, F.S.; authorizing health
facilities authorities to incur indebtedness for accounts receivable
cash-flow pools; providing an appropriation; providing effective dates.
This bill contains a number of provisions intended to ease the financial
instability of many rural hospitals in Florida, and directs the Department
of Education to study the feasibility of developing training programs for
the purpose of cross-training allied health personnel for employment in
rural health care facilities. Further, the bill would establish a center for
health technology to be located at and administered by a statutory
teaching hospital in Dade County. I have no objections to any of the
aforementioned provisions. I have concerns, however, with the language
that amends the Appropriations Conference Committee report as signed
by the Senate and House Conferees and adopted by the 1989 Legislature
during its Regular Session.
The language in the subject amendment to this bill would dramatically
change the prescription drug program in such a way that the cost to the
State would be $3.9 million for eleven months of program operation in
budget year 1989-1990, or $4.3 million, annualized. During its Special
Session on June 19 and 20 of this year, the Legislature also recognized this
concern and reenacted the provisions of this bill relating to rural hospitals
while eliminating the objectionable amendment.



E OF REPRESENTATIVES 9

areas such as athletic fields, flea markets, parking lots, river walks and
fairgrounds. These conditions are conducive to the transmission of dirt,
dust, debris and vermin to food.
For these reasons, I am withholding my approval of House Bill 912,
Regular Session of the Legislature, commencing on April 4, 1989, and do
hereby veto the same.
Sincerely,
BOB MARTINEZ
Governor










JOURNAL OF THE HOUSE OF REPRESENTATIVES



For these reasons, I am withholding my approval of Committee
Substitute for Committee Substitute for Committee Substitute for House
Bill 950, Regular Session of the Legislature, commencing on April 4, 1989,
and do hereby veto the same.
Sincerely,
BOB MARTINEZ
Governor



Honorable Jim Smith
Secretary of State



June 27, 1989



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for Committee Substitute for House Bill
964, enacted by the Eleventh Legislature of Florida under the Florida
Constitution, 1968 Revision, during the Regular Session of 1989, and
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 Commerical 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, scrapmetal processors, and
foundries; repealing ss. 715.04, 715.041, 715.0415, and 715.042, F.S.,
relating to pawnbrokers; providing an effective date.
The foundation for this legislation is good and its intentions and goals
are worthy. I am concerned, however, that certain legitimate businesses as
well as the consumer are adversely affected because of technical problems
relating to certain collectible items such as coins, baseball cards, and other
such items. The Legislature has recognized these technical deficiencies in
the legislation and has reenacted a corrected version of the legislation
during the Special Session on June 19 and 20 of this year.
For these reasons, I am withholding my approval of Committee
Substitute for Committee Substitute for House Bill 964, Regular Session
of the Legislature, commencing on April 4, 1989, and do hereby veto the
same.
Sincerely,
BOB MARTINEZ
Governor



"Honorable Jim Smith
Secretary of State



June 27, 1989



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, CS/HB 1119, enacted by the Eleventh Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular Session
of 1989, and entitled:
An act relating to airports, amending s. 332.004, F.S.; providing
definitions; amending s. 332.006, F.S.; providing for separate



identification of development projects and discretionary capacity
improvement projects in the statewide aviation system plan;
permitting expenditure of funds on road and rail transportation
systems which are on airport property; amending s. 332.007, F.S.;
providing funding priority for specified airport development projects;
authorizing expenditure of funds for projects which provide for
construction of an automatic weather observation station; authorizing
retroactive reimbursement for the nonfederal share of certain land
acquisition projects; authorizing participation by the Department of
Transportation in the capital cost of eligible public airport and
aviation discretionary capacity improvement projects; authorizing
expenditure of funds for projects which provide public rail transit
access; limiting the amount of discretionary capacity improvement
project funds that a single airport may receive; allowing the
department to transfer funds for discretionary capacity improvement
projects within the discretionary capacity improvements program;
setting the rate of participation by the department in the costs of
eligible discretionary capacity improvement projects; including land
acquisition projects; amending s. 332.01, F.S.; revising the definition
of "airport" to include access to airport facilities; amending s. 334.046,
F.S.; revising department program objectives to include meeting
capacity needs of the airport and aviation system; amending s. 339.08,
F.S.; authorizing the use of moneys in the State Transportation Trust
Fund to pay for aviation projects; amending s. 333.01, F.S.; providing
definitions; amending s. 333.02, F.S.; providing for regulation of land
uses in the vicinity of airports; amending s. 333.03, F.S.; providing for
adoption of zoning regulations for runway clear zones and airport land
use compatibility; creating s. 333.031, F.S.; providing for a study
commission; amending s. 333.05, F.S.; providing for adoption of zoning
regulations in runway clear zones; amending s. 333.06, F.S.; providing
for zoning requirements; amending s. 333.07, F.S.; providing for
variance requirements; providing an effective date.
CS/HB 1119 would establish an aviation discretionary capacity
improvement program designed to enhance international capacity at
certain eligible airports in Florida by providing funds in excess of the
amounts raised from aviation fuel taxes. For an airport to be eligible under
the bill, it would need to, among other things, be in a county scheduled for
service by an interregional high-speed ground transportation service.
The concept of enhancing the international capacity of our major
airports is a worthwhile goal, but it can appropriately be addressed under
the current statutes for airport funding. Furthermore, while I agree that
the statewide high-speed rail system should be encouraged, I believe that
providing a special capacity enhancement program only for airports in
those counties scheduled to be part of such a system is inappropriate.
For these reasons, I am withholding my approval of CS/HB 1119,
Regular Session of the Legislature, commencing on April 4, 1989, and do
hereby veto the same.
Sincerely,
BOB MARTINEZ
Governor



Honorable Jim Smith
Secretary of State



June 27, 1989



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, House Bill 1672, enacted by the Eleventh Legislature of Florida
under the Florida Constitution, 1968 Revision, during the Regular Session
of 1989, and entitled:
An act relating to Santa Rosa County; amending chapter 82-377, Laws
of Florida, relating to the Midway Fire Protection and Rescue Service
District; changing the name of the district to the Midway Fire
Protection District; revising certain definitions; revising the statement
of purposes for which the district is formed; providing that a
commissioner shall hold office until his successor is elected and
qualified; providing for filling vacancies in office of commissioners by
appointment by the board until vacancy is filled by election; deleting
requirement that a commissioner become a member of the board of



10



October 10, 1989









JOURNAL OF THE HOUSE OF REPRESENTATIVES 11



directors of the Midway Volunteer Fire Department of Santa Rosa
County, Inc.; amending provisions relating to tax rolls and
assessments; deleting provision relating to Midway Volunteer Fire
Department's rights and privileges and requirement that chapter 82-
377, Laws of Florida, be construed as a method for procurement of
funds for the Midway Volunteer Fire Department; restating provisions
concerning the authority of the board of commissioners; authorizing
board to appoint a fire marshal; authorizing board to acquire property
for the district after appropriate investigation and input from Santa
Rosa County planning department; board of county commissioners,
and Midway Volunteer Fire Department of Santa Rosa County, Inc.,
and others; authorizing board to enter into contracts to carry out
purposes of district; authorizing board to make alternate
arrangements for providing fire protection and rescue services if the
Midway Volunteer Fire Department of Santa Rosa County, Inc., is
dissolved or unable to provide them; providing immunity from claims
equal to that of other agencies and subdivisions of the state; providing
for the defense of claims and payment of judgment for district officers
and employees acting within scope of their duties and without bad
faith, malice, or willful disregard of rights; providing an effective date.
This local bill provides for a revision of the charter for the Midway Fire
Protection District. I have concerns with the proposed charter revision
wherein the Board of the District has the power and authority to purchase
equipment without competitive bids and further has the authority to
destroy certain books and records of the District in a manner which may
be inconsistent with the provisions of Section 119.041, Florida Statutes,
and Section 257.36, Florida Statutes.
For these reasons, I am withholding my approval of Committee
Substitute for House Bill 1672, Regular Session of the Legislature,
commencing on April 4, 1989, and do hereby veto the same.
Sincerely,
BOB MARTINEZ
Governor
Honorable Jim Smith July 3, 1989
Secretary of State
Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for House Bill 1737, enacted by the
Eleventh Legislature of Florida under the Florida Constitution, 1968
Revision, during the Regular Session of 1989, and entitled:
An act relating to neighborhood improvement districts; amending s.
163.503, F.S.; providing that, for purposes of the "Safe Neighborhoods
Act," "department" shall mean the Department of Legal Affairs;
amending s. 163.504, F.S.; providing that safe neighborhood
improvement districts shall be eligible for technical assistance grants
from the Department of Legal Affairs; amending ss. 163.506, 163.508,
and 163.511, F.S.; authorizing local government neighborhood
improvement districts, property owners' association neighborhood
improvement districts, and special neighborhood improvement
districts to receive technical assistance grants from the department;
requiring notification of the establishment of such districts; creating
s. 163.5055, F.S.; requiring neighborhood improvement districts to
register with both the Department of Community Affairs and the
Department of Legal Affairs; requiring notification of dissolution of
a district; creating s. 163.512, F.S.; authorizing the creation of
community redevelopment neighborhood improvement districts;
authorizing use of the community redevelopment trust fund to
implement safe neighborhood plans; providing duties of the advisory



council; providing for dissolution of the districts; amending s. 163.513,
F.S.; providing that districts may not restrict access to or lawful use
of public facilities; amending s. 163.514, F.S.; authorizing
neighborhood improvement districts to make and collect special
assessments; amending s. 163.517, F.S.; revising the number and
amount of planning grants provided under the Safe Neighborhoods
Trust Fund; requiring audit after expiration of a district's contract;
creating s. 163.5175, F.S.; providing for awards of technical assistance
grants under certain conditions and criteria; repealing s. 163.518, F.S.,
relating to the crime prevention through environmental design
program; amending s. 163.519, F.S.; changing administrative duties
from the Department of Community Affairs to the Department of
Legal Affairs and adding duties, including certain reporting duties;
creating s. 163.5201, F.S., providing for evaluation of the safe
neighborhoods program; amending s. 163.521, F.S., relating to overlap
with enterprise zones; requiring completion of a plan prior to
expenditure of funds; requiring that capital improvement funding
requests be related to crime prevention through environmental design;
creating s. 163.5215, F.S.; providing for effect of the Safe
Neighborhoods Act on existing laws; amending s. 163.522, F.S.;
encouraging the creation of neighborhood improvement districts
within community redevelopment areas; transferring the Safe
Neighborhoods Trust Fund from the Department of Community
Affairs to the Department of Legal Affairs, and transferring certain
positions and funding; providing an effective date.
I have concerns with the main purpose of this legislation which is to
transfer the "Safe Neighborhoods" program from the Department of
Community Affairs to the Department of Legal Affairs. Within the
structure of Florida's executive branch, the Department of Community
Affairs would appear to be the most appropriate agency to administer to
this program and the planning process which is inherent with it.
For these reasons, I am withholding my approval of Committee
Substitute for House Bill 1737, Regular Session of the Legislature,
commencing on April 4, 1989, and do hereby veto the same.
Sincerely,
BOB MARTINEZ
Governor
-and vetoed bills CS/CS/HB 300, CS/HBs 356 & 1449, CS/HBs 387 &
1255, CS/HBs 494 & 1084, CS/HB 629, CS/CS/HB 823, CS/CS/HB 855,
HB 912, CS/CS/CS/HB 950, CS/CS/HB 964, CS/HB 1119, HB 1672,
CS/HB 1737 (1989 Regular Session), together with the Governor's
objections thereto, were referred to the Committee on Rules & Calendar.

Motions Relating to Committee References
On motion by Rep. Guber, without objection, HB 5-C was withdrawn
from further consideration of the House.
On motion by Rep. Diaz-Balart, without objection, HB 32-C was
withdrawn from further consideration of the House.

Waiver of Rule 6 for Committee Meetings and Bills
On motion by Rep. Gordon, Chairman, without objection, the rules were
waived and the Committee on Health Care was given permission to meet
today at 3:30 p.m. in the Chamber.

Recessed
On motion by Rep. Lippman, the House recessed at 1:41 p.m. for the
purpose of holding committee meetings and conducting other House
business, to reconvene upon call of the Speaker.



October 10, 1989


















"The JournalOF THE


House of Representatives


THIRD SPECIAL SESSION-"C" of 1988-1990



The House was called to order by the Speaker at 3:55 p.m.

Prayer
The following prayer was offered by Representative Reddick:
Our Lord and Savior and Messiah of Israel, we, Your children, today
invoke Thy blessings and guidance and ask Your help as we have in ages
past. We ask Your help, 0 Lord and Savior, to help us address the
monumental problems that we face in this, Your House of Representatives,
for the people of this great state. Lord, we ask Your wisdom and guidance
as we sometimes bear upon each other too hard for the good that You would
have us do. We all realize that the good that You would have us do for Your
people in this state and in this country must be accompanied by good will
for all of us.
We ask You, Lord, to help us move away from the things that
compartmentalize us, that divide us, that somehow keep us apart. Have us
ever reminded that we are all Your children and that if we are to create a
better world for other children that, as You said in Isaiah, we must come
and reason together. We understand, 0 Lord, that prayers-no matter how
long or how short-will not get us to the Promised Land where You would
have us go. Therefore we ask You, again, to help us in the spirit of
moderation, in the spirit of all that Your teaching has meant to us, that we
somehow gather today representing the hearts, the thoughts, the wishes
and the prayers of all of us in Your state, that we somehow are able to call
upon Your lessons of antiquity and call upon the love that resounds and
rebounds in each of us and come together to move away the labels that
separate us, move away the philosophy that separates us, move away from
all the divisiveness that keeps us apart.
Let us move forward and continue to be Leadership from Your people,
for Your people, in this great state. Help us, Lord, to achieve what You
would have us achieve for Your children, for Your people. All these prayers,
all of the hopes of all of us that have prayed so long and for all of the people
that continue to pray so long, help us, Lord. Help us become what You
would have us become-not any time before that-but with that. All of
these, we thank You, in Thy Name, 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
De Grandy
Deutsch
Diaz-Balart
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
Martin
Martinez
McEwan
Messersmith
Mims
Mitchell
Morse
Mortham



Nergard
Ostrau
Patchett
Peeples
Press
Reaves
Reddick
Rehm
Renke
Ritchie
Roberts
Rojas



Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Shelley
Silver
Simon
Simone
Sindler
Smith



Stone
Thomas
Tobiassen
Tobin
Trammell
Troxler
Valdes
Wallace
Webster
Wetherell
Wise
Young



A quorum was present.

Pledge
The Members pledged allegiance to the Flag.

House Physicians
The Speaker announced that Representatives D. L. Jones, Campbell and
Thomas were serving as Doctors of the Day. Also serving in the Clinic was
Dr. William T. Kepper, Tallahassee.

The Journal
The Journal of October 10 was corrected and, as corrected, was
approved.

Introduction and Reference

By Representative Bloom-
HR 35-C-A resolution relating to the siting of a prison in downtown
Miami.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.
By Representatives Lewis, Sansom, Hanson, Simone, Patchett,
McEwan, Hill, Frankel, Press, Healey, Liberti, Messersmith-
HR 36-C-A resolution urging Amtrak to provide train cars for the
Palm Beach County schoolchildren's safety patrol trip to Washington, D.C.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

By Representative Bloom--
HR 37-C-A resolution commending the New World Symphony
Orchestra in Dade County.
Placed in the Committee on Rules & Calendar, the Speaker having ruled
the measure was outside the purview of the Call.

Adjournment
Rep. Lippman moved that the House adjourn sine die.
Rep. Crady moved that, after remarks by the Speaker, the House
adjourn sine die. The substitute motion was agreed to and, following brief
remarks by the Speaker, the House adjourned at 4:03 p.m. sine die.



12



Number 2



Wednesday, October 11, 1989



_ __



__ __









JOURNAL OF THE HOUSE OF REPRESENTATIVES



CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1 through
12, 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 from October 10, 1989
through October 11, 1989.



Tallahassee, Florida
October 11, 1989



October 11, 1989



13








INDEX


to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Special Session "C"

October 10 October 11, 1989



CONTENTS

Page
Bill Sponsors in "C" Session ................................................................. 15
Miscellaneous Subjects ................................................................... 17
Vetoed Bills for 1989 Regular Session ........................................................ 18
Subject Index of House and Senate Bills, Resolutions and Memorials ................................. 19
Numerical Index of House Bills, Resolutions and Memorials with Subject, Sponsor and Disposition .......... 23



14









INDEXJOURNAL OF THE HOUSE OF REPRESENTATIVES15



Bill Sponsors in "C" Session

[Source: Information Division, Joint Legislative Management Committee]



ALBRIGHT, GEORGE-25th District
Co-sponsored: 16-C
ARNALL, JOSEPH-19th District
Sponsored: 26-C
ARNOLD, J. KEITH-73rd District
Sponsored: 27-C, 29-C, 34-C
BANJANIN, TOM-3rd District
Sponsored: 3-C, 4-C, 30-C, 34-C
Co-sponsored: 27-C, 29-C
BLOOM, ELAINE-104th District
Sponsored: 35-C, 37-C
BOYD, F. ALLEN, JR.-llth District
Co-sponsored: 10-C
BRONSON, IRLO, JR.-77th District
Co-sponsored: 2-C
BURKE, JAMES C.-107th District
Sponsored: 24-C
CAMPBELL, ROY E.-22nd District
Sponsored: 12-C
Co-sponsored: 2-C
CANADY, CHARLES T.-44th District
Sponsored: 19-C, 27-C, 31-C
Co-sponsored: 34-C
CLARK, BILL-91st District
Co-sponsored: 5-C
CLEMENTS, S. L., JR.-62nd District
Co-sponsored: 10-C
COSGROVE, JOHN F.-119th District
Co-sponsored: 6-C, 7-C
CROTTY, RICHARD-37th District
Co-sponsored: 6-C, 7-C, 34-C
DE GRAND, MIGUEL A.-110th District
Co-sponsored: 34-C
DIAZ-BALART, MARIO-115th District
Sponsored: 32-C
Co-sponsored: 6-C, 7-C, 34-C, 35-C
DRAGE, THOMAS B., JR.-36th District
Co-sponsored: 34-C



FRANKEL, LOIS J.-83rd District
Co-sponsored: 36-C
FRISHE, JIM-57th District
Sponsored: 18-C
Co-sponsored: 34-C
GELLER, STEVEN A.-98th District
Sponsored: 13-C
GLICKMAN, RONALD CARL-66th District
Sponsored: 9-C
GOODE, HARRY C., JR.-33rd District
Sponsored: 1-C
GRINDLE, ARTHUR E.-35th District
Sponsored: 16-C
Co-sponsored: 6-C, 7-C
GUBER, SUSAN-117th District
Sponsored: 5-C, 35-C
GUTMAN, ALBERTO-105th District
Sponsored: 35-C
HANSON, CAROL G.-87th District
Sponsored: 34-C
Co-sponsored: 36-C
HARDEN, ROBERT T.-5th District
Sponsored: 17-C, 18-C, 19-C, 20-C, 21-C
Co-sponsored: 27-C, 29-C, 34-C
HEALEY, EDWARD J.-84th District
Co-sponsored: 20-C, 27-C, 36-C
HILL, JAMES C., JR.-80th District
Sponsored: 16-C, 20-C
Co-sponsored: 34-C, 36-C
HOFFMANN, J. BRUCE-114th District
Sponsored: 23-C
HUENINK, JEFFREY C.-58th District
Sponsored: 25-C
IRELAND, TIMOTHY F.-74th District
Co-sponsored: 34-C
IRVINE, FRANCES L.-21st District
Sponsored: 17-C, 21-C, 34-C
JENNINGS, HARRY-69th District
Co-sponsored: 16-C
JURI, NILO-lllth District
Co-sponsored: 34-C












16JOURNAL OF THE HOUSE OF REPRESENTATIVESINDEX



KELLY, EVERETT A.-46th District
Sponsored: 27-C
Co-sponsored: 34-C
LANGTON, MICHAEL E.-15th District
Sponsored: 10-C
Co-sponsored: 2-C
LAWSON, ALFRED J., JR.-9th District
Co-sponsored: 6-C, 7-C
LEWIS, MARIAN V.-81st District
Sponsored: 36-C
Co-sponsored: 34-C
LIBERTI, RAY-82nd District
Sponsored: 33-C
Co-sponsored: 36-C
LOMBARD, JAMES M.-70th District
Co-sponsored: 34-C
LONG, JOHN-48th District
Sponsored: 11-C
McEWAN, BRUCE-38th District
Co-sponsored: 34-C, 36-C
MESSERSMITH, FRANK-85th District
Co-sponsored: 16-C, 36-C
MIMS, THOMAS-45th District
Sponsored: 6-C, 7-C
MORTHAM, SANDRA BARRINGER-52nd District
Sponsored: 16-C
PATCHETT, R. DALE-78th District
Co-sponsored: 16-C, 34-C, 36-C
PRESS, STEVE-86th District
Co-sponsored: 36-C



REAVES, JEFFERSON, SR.-106th District
Co-sponsored: 5-C
REDDICK, ALZO J.-40th District
Co-sponsored: 1-C, 2-C, 5-C
RITCHIE, BUZZ-2nd District
Co-sponsored: 2-C
ROBERTS, CHARLIE-31st District
Sponsored: 22-C
Co-sponsored: 1-C
RUSH, BRIAN-59th District
Sponsored: 14-C
SANSOM, DIXIE NEWTON-32nd District
Sponsored: 15-C
Co-sponsored: 2-C, 36-C
SIMONE, PEGGY-68th District
Co-sponsored: 36-C
SINDLER, ROBERT B.-39th District
Co-sponsored: 2-C, 34-C
THOMAS, DAVID L.-71st District
Sponsored: 16-C
Co-sponsored: 34-C
TOBIASSEN, THOMAS J.-lst District
Co-sponsored: 6-C, 7-C
TROXLER, DAVID W.-20th District
Sponsored: 28-C
WEBSTER, DANIEL-41st District
Sponsored: 28-C, 29-C, 34-C
WETHERELL, T. K.-29th District
Sponsored: 2-C













INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES 17

Miscellaneous Subjects



Subject Pages


COMMITTEES
Standing and Select, changes in assignment....................................3


MEMBERS
De Grandy, Miguel A.; election of ....................................................... 2
Diaz-Balart, Lincoln; resignation of .................................................... 2
Excused absences................................................................................... 2
Martin, Sidney; return welcomed ........................................................ 3

PRAYERS ....................................................... ...........................2, 12

PROCLAMATIONS .............................................................................1-2

RULES

Waiver of Rule 6 for committee meetings..............................................11









































18 JOURNAL OF THE HOUSE OF REPRESENTATIVES INDEX


Vetoed Bills
Dates shown are dates when Governor vetoed bills and sent these directly to Secretary of State for subsequent
transmittal to house of origin. Where no disposition shown, veto message was not taken up by House.
Date
No. Subject Sponsor and Page Numbers Vetoed Disposition

1989 Regular Session Vetoed House Bills
CS/CS/HB 300
Corrections .................................................................. Committees on Rules & Calendar, Corrections,
Glickman and others 6 .....................................6/28/89 Died in committee
CS/HBs 356 & 1449
Capital felonies, penalties...................................................... Committee on Criminal Justice, Smith
and others 6-7 .......................................................7/03/89 Died in committee
CS/HBs 387 & 1255
Public transit systems, D.O.T.................................................. Committee on Public Transportation,
Hargrett and others 7 ............................................7/05/89 Died in committee
CS/HBs 494 & 1084
Life-prolonging procedures....................................................... Committee on Health Care, Tobin
and others 7 ............................................................7/03/89 Died in committee
CS/HB 629
Unemployment compensation, weekly benefit .................... Committee on Employment & Management
Relations, Clark and others 7-8 .........................6/27/89 Died in committee
CS/CS/HB 823
Sidney Martin Developmental Research School............... Committees on Rules & Calendar, Appropriations,
Lawson and others 8 ..............................................7/05/89 Died in committee
CS/CS/HB 855
Insurance, public counsel....................................................... Committees on Appropriations,
Insurance, Deutsch and others 8-9 ......................7/03/89 Died in committee
HB 912
Food service regulations, exemptions.................................... Smith and others 9 ....................................................6/27/89 Died in committee
CS/CS/CS/HB 950
Health care, rural hospitals................................................... Committees on Rules & Calendar,
Appropriations, Health Care, Kelly 9 ................6/27/89 Died in committee
CS/CS/HB 964
Stolen property, records, penalties.......................................... Committees on Appropriations, Criminal Justice,
Silver and others 9-10 ...........................................6/27/89 Died in committee
CS/HB 1119
Airports, development projects, zoning .................................. Committee on Public Transportation,
Hargrett and others 10 ..........................................6/27/89 Died in committee
HB 1672
Santa Rosa County ............................ ......... ....... B. L. Johnson 10 ...............................................6/27/89 Died in committee
CS/HB 1737
Safe Neighborhoods Act.............................................. .... Committees on Rules & Calendar,
Small Business & Economic Development,
Logan and others 11 .............................................7/03/89 Died in committee
1989 Regular Session Vetoed Senate Bills
SB 180
Relief, Gerard and Denise K. Clearwater.............................. Weinstein................................ ........ ..........................7/03/89
CS/SB 191
Liens, recording satisfaction of ................................... Committee on Judiciary-Civil, Casas...........................6/27/89
CS/SB 1164
Ad valorem tax, personal property.......................................... Committee on Finance, Taxation and Claims,
Thurman........................... ...6/27/89
CS/SB 1355
Underground Utility Safety Act ........................................... Committee on Economic, Professional and
Utility Regulation, Thurman................................. 6/22/89
CS/SB 1413
Cholesterol Screening Act.................................................... Committee on Health Care, Kirkpatrick
and others.............. ................... 7/03/89
SB 1495
Broward County ........................................ McPherson. ............................. 6/27/89
SB 1500
General Appropriations specific appropriation vetoes... Committee on Appropriations..................................... 6/29/89
SB 1533
Broward County ........................... ........ ............... McPherson...................................... ............................. 6/27/89
SB 1540
Monroe County........................................... Plummer ........................................ 7/05/89









INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES 19




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-

ABORTION
Clinics
$2,000,000 medical malpractice liability insurance required; proof
submitted to Health and Rehabilitative Services Department,
H28-C
Administration, staff, facilities and equipment requirements, stand-
ards, records, enforcement, inspection, pharmaceuticals, review,
S11-C, H34-C
Licensure; requirements, S3-C, S11-C, H34-C
Specialty ambulatory surgical center licensure provisions, inclusion,
S13-C, H29-C, H32-C
Counseling services provided during 7-day waiting period, S4-C
Fetal remains, disposal, S11-C, S13-C, H5-C, H29-C, H32-C, H34-C
Information printed re pregnancy, childbirth, dependent child, or
adoption in English, Spanish, and Vietnamese; HRS dissemina-
tion, H27-C
Informed Choice, H27-C
Nontherapeutic abortion of viable unborn child; use of public funds,
public facilities, and public employees; prohibited, S9-C, H4-C,
H20-C
Notification to husband, limitation requirements, H18-C
Pathological tests, examination of abortion tissue, S3-C, H21-C
Patient's name, reason for abortion, name of physician performing;
filing with Health and Rehabilitative Services Department, S3-C,
H21-C
Physician, additional physician required re termination during viabil-
ity, S10-C, H17-C
Physician, display of license; requirement, S3-C
Pro Choice, H5-C
Public funds, public facilities, and public employees, use of in nonth-
erapeutic abortion; prohibited, S9-C, H4-C, H20-C
Rape, incest, or when mother or child at risk of mental or physical
harm; proposed constitutional amendment re funding, Sl-C
Records, reports, statistical information; requirements of certain per-
sons, S3-C, H21-C
Right of privacy, specifically excludes abortion, H30-C
Right to Life, S9-C, S10-C, H4-C, H17-C, H20-C
Specialty ambulatory surgical center, licensure; requirements, S13-C,
H29-C, H32-C
Straw ballot referendum re abortion, 11/6/90, H10-C
Straw ballot referendum re abortion, 3/13/90, H9-C
Viability, determination, S10-C, H17-C
Waiting period, 24-hour, H27-C
Waiting period, 7-day; exceptions; counseling services provided, S4-C

ABUSE
Child Abuse
Guardian Ad Litem See: GUARDIANS AND WARDS
Judiciary, state attorneys, medical examiners, and HRS Depart-
ment employees; continuing education, S12-C, H16-C
Protection Teams Investigations
Reports and records, confidential; exemptions, S12-C, H16-C
Reports re investigations, court-ordered public access; procedure,
conditions, H31-C
Reports and records, release of confidential information if abuse or
neglect results in death of a child, S7-C, H6-C, H31-C
Sexual offenses involving minors; changing age 16 to age 18 before
time limitations begin to run, H22-C
Victims of sexual abuse, eligibility for awards; circumstances,
H22-C
Videotaping testimony or use of closed circuit television, victim or
witness testify outside presence of defendant; criteria, H22-C



AD VALOREM TAX See: TAXATION

ADOPTION
Adoption information center, established; increase public knowledge,
promote services; funding, S8-C, H19-C
Sibling groups, maintain when possible, S12-C, H16-C
Toll-free telephone number established for adoption information and
referral services, S8-C, H19-C, H27-C

AMBULATORY SURGICAL CENTERS
Abortion See: ABORTION
Specialty ambulatory surgical center; professional liability claims, in-
dividual and group health insurance plans, H32-C
Specialty ambulatory surgical centers; restricted range of services, de-
fined age or gender group, H29-C, H32-C

APPOINTMENTS
Governor
Dependency-Related Issues Task Force, S5-C
Legislature
Dependency-Related Issues Task Force, S5-C

APPROPRIATIONS
Guardian Ad Litem Program, S6-C, H7-C
Health and Rehabilitative Services Department
Abortion, informed choice, H27-C
Adoption information center, S8-C, H19-C
Area health education centers, training programs re physicians and
other health professionals for underserved geographic areas,
H12-C
Challenge Project (area health education center) in Dade County,
H12-C
Indigent health care, shared county and state programs, H12-C
Regional Perinatal Intensive Care Centers Program, H12-C
State Department
Straw ballot referendum re abortion, H9-C
University of South Florida
Florida Mental Health Institute, provide staff and resource support
to Dependency-Related Issues Task Force, S5-C

-B-

BUILDINGS AND BUILDING CODES
State Minimum Building Codes
Wind resistance; provisions exempting one or two family dwellings
from certain standards and engineering design; repealed, H33-C

-C-

CHILD ABUSE See: ABUSE

CHILD CUSTODY
Alternative care, placement with relative; circumstances, S12-C,
H16-C

CHILDREN See: MINORS

CIVIL PROCEDURE
Guardian Ad Litem See: GUARDIANS AND WARDS
Minors; placement in shelters, petition alleging dependency, disposi-
tion hearing, court returning child home, S7-C, S12-C, H6-C,
H16-C










20 JOURNAL OF THE HOUSE OF REPRESENTATIVES INDEX



COMMENDATIONS See: RESOLUTIONS

CONFIDENTIAL OR PRIVILEGED INFORMATION
Abortions, statistical information, H21-C
Child Abuse or Neglect
Child protection team investigations, S12-C, H16-C
Death of child resulting; records and reports released to public,
S7-C, H6-C, H31-C
Investigations, court-ordered public access; procedure, conditions,
H31-C

CONSTITUTIONAL AMENDMENTS
Ad Valorem Tax
Counties levy up to 2 mills for purposes re welfare of certain chil-
dren and pregnant women, Sl-C
Right of privacy, specifically excludes abortion, H30-C

CONSUMER PROTECTION
Vendors selling supplies or services in excess of 110 percent normal
retail value, prohibited; penalties, H26-C

CORRECTIONS, DEPARTMENT OF
Youthful Offenders See: YOUTHFUL OFFENDERS

COURTS
Minors, order and direct specific placement or treatment of child
committed to Health and Rehabilitative Services Department,
S2-C
Minors; placement in shelters, petition alleging dependency, disposi-
tion hearing, returning child to home, S7-C, S12-C, H6-C, H16-C
Videotaping or closed circuit television, criteria re child abuse or sex-
ual abuse victim testifying outside presence of defendant, H22-C

CRIMES COMPENSATION See: VICTIMS OF CRIMES

CRIMINAL PROCEDURES
Limitation of Actions See: LIMITATION OF ACTIONS
Videotaping or closed circuit television, criteria re child abuse or sex-
ual abuse victim testifying outside presence of defendant, H22-C

-D-

DADE COUNTY
Challenge Project (area health education center), funding, H12-C

DISCRETIONARY TAX See: SALES TAX

-E-

ELECTIONS
Referendum
Abortion, straw ballot; 11/6/90, H10-C
Abortion, straw ballot; 3/13/90, H9-C

EMERGENCY MANAGEMENT
Vendors selling supplies or services in excess of 110 percent normal
retail value, prohibited; penalties, H26-C

-F-

FAMILIES
Abortion See: ABORTION
Adoption See: ADOPTION
Parental rights, termination; petition, S7-C, S12-C, H6-C, H16-C

FLAGS
U.S. Flag, urges Congress to propose amendment re desecration of
flag, H1-C, H2-C, H3-C

FRAUDULENT PRACTICES
Vendors selling supplies or services in excess of 110 percent normal
retail value, prohibited; penalties, H26-C



GOVERNOR
Reports
Dependency-Related Issues Task Force, S5-C

GUARDIANS AND WARDS
Guardian Ad Litem
Ancillary action to protect an abused child, authorizing, S2-C
Appointment, duties re abused or neglected children, S12-C, H16-C
Dependency-Related Issues Task Force, recommendations to Gov-
ernor re role and authority of guardians ad litem, S5-C
Volunteers, program expansion or enhancement; funding, S6-C,
H7-C
Law revision, ch. 89-96, Laws of Florida; effective date delay until
10-1-90, H24-C

-H-

HEALTH AND REHABILITATIVE SERVICES, DEPARTMENT
OF
Abortion See: ABORTION
Adoption See: ADOPTION
Area health education centers, training programs re physicians and
health professionals for underserved geographic areas; funding,
H12-C
Caseworkers; immunity from liability, H25-C
Challenge Project (area health education center) in Dade County,
funding, H12-C
Child Abuse See: ABUSE
Indigent health care, shared county and state programs; funding,
H12-C
Liability immunity for caseworkers, H25-C
Regional Perinatal Intensive Care Centers Program, funding, H12-C

HEALTH CARE
Abortion See: ABORTION
Indigent health care, shared county and state programs; funding,
H12-C
Infant; Neonatal and Perinatal Intensive Care Units See: HOSPI-
TALS

HOSPITALS
Abortion See: ABORTION
Neonatal and Perinatal Intensive Care Units
Regional Perinatal Intensive Care Centers Program, funding,
H12-C

HOUSING
State Minimum Building Codes See: BUILDINGS AND BUILDING
CODES

-I-
IMMUNITY
Health and Rehabilitative Services Department
Caseworkers; liability immunity, H25-C

INDIGENTS
Health care, shared county and state programs; funding, H12-C

INFANT HEALTH CARE
Perinatal and Neonatal Care See: HOSPITALS

INSURANCE
Comprehensive Health Association
Sunset review and repeal of ss. 627.648-627.6498, F.S., H13-C
Medical Malpractice See: MALPRACTICE
Professional Liability Insurance
Specialty ambulatory surgical center, H32-C
Specialty ambulatory surgical centers included in individual and
group health insurance plans, H32-C








INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES 21 21



LEGISLATIVE REVIEW
Sunset Bills
Abortion clinics, regulations, S11-C, H34-C
Comprehensive Health Association Act, H13-C
Hospitals, specialty ambulatory surgical centers; abortion regula-
tions, H32-C
Medical practice, abortion regulations, H27-C

LEGISLATURE
Reports
Health and Rehabilitative Services Department
Abortions, statistical information, H21-C

LIMITATION OF ACTIONS
Sexual offenses involving minors; changing age 16 to age 18 before
time limitations begin to run, H22-C

LOCAL GOVERNMENTS
Infrastructure Surtax
Interlocal agreement; proceeds distributed to school districts, use of
proceeds, H11-C

-M-

MALPRACTICE
Medical Malpractice
Abortion clinics, $2,000,000 medical malpractice liability insurance
required; proof submitted to HRS, H28-C

MEMORIALS
Flag, U.S.; urges Congress to propose amendment re desecration of
flag, Hl-C, H2-C, H3-C

MIAMI, CITY OF
Prison siting, abutting New World School of the Arts; urges U.S. Bu-
reau of Prisons to search for alternative location, H35-C

MINORS
Abuse See: ABUSE
Adoption See: ADOPTION
Child Custody See: CHILD CUSTODY
Dependency
Courts, order and direct specific placement or treatment of child
committed to Health and Rehabilitative Services Department,
S2-C
Dependency-Related Issues Task Force, recommendations and pro-
posed legislation re dependency system, S5-C
Placement in shelters, petition alleging dependency, disposition
hearing, court returning child home, S7-C, S12-C, H6-C, H16-C
Parental rights, termination; petition. S7-C, S12-C, H6-C, H16-C
Victims of crimes; eligibility for awards, circumstances, H22-C
Youthful Offenders See: YOUTHFUL OFFENDERS

MOTOR VEHICLES
Licenses and Registrations
Ambulances, license tax increase, S9-C
School buses, license tax increase, S9-C

MUSIC OR IMAGE RECORDINGS
Videotaping or closed circuit television, testimony re child abuse or
sexual abuse; criteria, H22-C

-0-

OPEN GOVERNMENT SUNSET REVIEW
Child protection team investigations, public records exemption,
S12-C, H16-C

-P-

PENAL AND CORRECTIONAL INSTITUTIONS
Miami, prison site abutting New World School of the Arts; urges U.S.
Bureau of Prisons to search for alternative location, H35-C



PHYSICIANS AND SURGEONS
Abortion See: ABORTION

POPULAR NAMES
Abortion See also: ABORTION
Abortion (Pro Choice), H5-C
Abortion (Right to Life), S9-C, S10-C, H4-C, H17-C, H20-C
Abortion Clinic Licensure Act, S11-C, H34-C
Child Protection, S2-C, S7-C, S12-C, H6-C, H16-C
Dependency-Related Issues Task Force, S5-C
Emergency Vendors Ceiling Price, H26-C
Guardianship Law Revision, Effective Date Delay, H24-C
Informed Choice, H27-C
Red Ribbon Campaign, October 22-29, 1989, H23-C
Red Ribbon Day, October 25, 1989, H23-C
Safe Abortion Act, S3-C

PROPERTY TAX See: Ad Valorem Tax under TAXATION

PUBLIC RECORDS
Abuse or neglect resulting in death of child; confidential information
released to public, S7-C, H6-C, H31-C
Exemptions
Child abuse, neglect, or abandonment investigations; court-ordered
public access; procedure, conditions, H31-C
Child protection team investigations, exemptions, S12-C, H16-C

-R-

RESOLUTIONS
Joint Resolutions See: CONSTITUTIONAL AMENDMENTS
New World Symphony Orchestra, Dade County; commendation,
H37-C
Northside Little League All-Stars of Tampa, commendation, H14-C
Palm Beach County school safety patrol; urges Amtrak to provide
transportation to Washington, D.C., H36-C
Prison siting (Miami), abutting New World School of the Arts; urges
U.S. Bureau of Prisons to search for alternative location, H35-C
Red Ribbon Campaign, October 22-29, 1989; public awareness, "My
Choice--Drug Free", H23-C

RETAILERS
Emergencies, state; vendors selling supplies or services in excess of
110 percent normal retail value, prohibited; penalties, H26-C

-S-

SALES TAX
Discretionary Tax
Infrastructure surtax, interlocal agreement; proceeds distributed to
school districts, use of proceeds, H11-C

SCHOOLS
Infrastructure Surtax
Interlocal agreement, proceeds distributed to school districts; use of
proceeds, Hll-C

SEX OFFENSES
Videotaping testimony or use of closed circuit television, victim or
witness testify outside presence of defendant; criteria, H22-C

SUNSET BILLS See: LEGISLATIVE REVIEW

-T-

TAXATION
Ad Valorem Tax
Counties levy up to 2 mills; re welfare of certain children and preg-
nant women; proposed constitutional amendment, Sl-C
Sales Tax See: SALES TAX

TELEPHONES



Toll-free telephone numbers established for adoption information
and referral services, S8-C, H19-C, H27-C









22 JOURNAL OF THE HOUSE OF REPRESENTATIVES INDEX

-V-

VICTIMS OF CRIMES
Award eligibility expanded to included children; circumstances,
H22-C

VIDEO TAPES See: MUSIC OR IMAGE RECORDINGS

VITAL STATISTICS
Abortions, deaths and fetal deaths, H21-C



VOLUNTEERS See: SPECIFIC ENTITY

-Y-

YOUTHFUL OFFENDERS
Basic training program, placement; certain persons notified and con-
sulted; time period for notification extended, H15-C







INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES 23



House Bills, Resolutions and Memorials
by Number, Subject, Sponsor and Disposition

To obtain the number of a bill, see the subject matter index preceding this index.

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



Abbreviations:
DHC-Died in House committee (no action by committee)
HB-House Bill
HJR-House Joint Resolution
HM-House Memorial

HR-House Resolution
ID-Introduction deferred
WH-Withdrawn from House



HM
1-C American Flag/Protection by States (Goode) 3 ID
2-C American Flag/Protection by U.S. (Wetherell) 3 ID
3-C American Flag/Protection by Congress (Banjanin) 3 ID
HB
4-C Abortion (Banjanin) 3 DHC
5-C Abortion/Women's Choice (Guber) 3, 11 WH
6-C Child Protection (Mims) 3 DHC
7-C Guardian Ad Litem Program (Mims) 3 DHC
8-C Withdrawn
9-C Abortion/Straw Ballot Referendum (Glickman) 3 DHC
10-C Abortion/Straw Ballot (Langton) 3 DHC
11-C Local Govt. Surtax/School Districts (Long) 4 ID
12-C Health Care/Area Centers (Campbell) 4 ID
13-C State Comp. Health Assoc. Act (Geller) 4 ID
HR
14-C Northside Little League/Tampa (Rush) 4 ID
HB
15-C Youthful Offender Program Placement (Sansom) 4 ID
16-C Children/Dependency Proceedings (Hill) 4 DHC
17-C Abortion/After Viability (Irvine) 4 DHC
18-C Abortion/Husband's Notification (Frishe) 4 DHC
19-C Adoption/State Information Center (Canady) 4 DHC
20-C Abortion/Public Funding (Hill) 4 DHC

HB
21-C Abortion/Recordkeeping Requirements (Irvine) 4 DHC
22-C Child Abuse Offenses (Roberts) 5 DHC
HR
23-C Red Ribbon Campaign (Hoffmann) 5 ID
HB
24-C Guardianship (Burke) 5 ID
25-C Social Worker/Immunity (Huenink) 5 ID
26-C Emergency Retail Sales (Arnall) 5 ID
27-C Abortion/Informed Choice (Kelly) 5 DHC
28-C Abortion/Medical Malpractice Ins. (Webster) 5 DHC
29-C Abortion Clinics/Regulation (Webster) 5 DHC
HJR
30-C Right to Privacy/Abortion Excluded (Banjanin) 5 DHC
HB
31-C Child Abuse/Public Records (Canady) 5 ID
32-C Abortion Clinics/Regulation (M. Diaz-Balart) 5, 11
33-C Building Codes/Exemptions (Liberti) 6 ID
34-C Abortion Clinic Licensure Act (Webster) 6 DHC
HR

35-C Federal Prison Siting/Miami (Bloom) 12 ID
36-C Palm Beach Co. Schoolchildren/Amtrak (Lewis) 12 ID
37-C New World Symphony Orchestra (Bloom) 12 ID