Journal of the Florida House of Representatives

Journals

of the

Florida

House of Representatives

Organization Session
November 20, 1990
and

Special Session "A"
November 20, 1990

of the
Seventy-fifth House
since Statehood in 1845

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

Oi The JournalOF THE

House of Representatives

ORGANIZATION SESSION
Tuesday, November 20, 1990

Journal of the House of Representatives for the Organization Session of the Seventy-fifth House since Statehood in 1845,
convened under the Constitution, begun and held at the Capitol in the City of Tallahassee, in the State of Florida, on
Tuesday, November 20, 1990, being the day fixed by the Constitution for the purpose.

Under Rule 3.1, John B. Phelps, Clerk of the preceding session,
delegated the duties of temporary presiding officer to the Honorable Tom
Gustafson, retiring Speaker. Mr. Gustafson called the House to order at
10:00 a.m.
The following certified list of Members elected to the House of
Representatives was received:

State of Florida

Office of Secretary of State

I, JIM SMITH, Secretary of State of the State of Florida, do hereby
certify that the following Members of the House of Representatives were
elected at the General Election held on the Sixth day of November, A. D.,
1990, as shown by the election returns on file in this office:
HOUSE DISTRICT
NUMBER
1-Tom Tobiassen, Gonzalez
2-Buzz Ritchie, Pensacola
3-Tom Banjanin, Pensacola
4-Bolley "Bo" Johnson, Milton
5-Robert Harden, Fort Walton Beach
6-Scott Clemons, Panama City
7-Sam Mitchell, Vernon
8-Robert D. Trammell, Marianna
9-Alfred (Al) Lawson, Jr., Tallahassee
10-Hurley W. Rudd, Tallahassee
11-Allen Boyd, Monticello
12-J. R. (Randy) Mackey, Madison
13-George Crady, Yulee
14-Stephen R. Wise, Jacksonville
15-Mike Langton, Jacksonville
16-Betty S. Holzendorf, Jacksonville
17-Corrine Brown, Jacksonville
18-James E. "Jim" King, Jr., Jacksonville
19-Joe Arnall, Jacksonville Beach
20-Kathy Chinoy, Jacksonville
21-Chance Irvine, Orange Park
22-Kelley R. Smith, Palatka
23-Cynthia Moore Chestnut, Gainesville
24-David Flagg, Gainesville
25-George Albright, Ocala
26-Paul M. Hawkes, Crystal River
27-Stan Bainter, Eustis
28-Dick Graham, Ormond Beach
29-T. K. Wetherell, Daytona Beach
30-Jack Ascherl, New Smyrna Beach

31-Charlie Roberts, Titusville
32-Dixie Sansom, Satellite Beach
33-Harry C. Goode, Jr., Melbourne
34-Frank Stone, Casselberry
35-Art Grindle, Altamonte Springs
36-Bob Starks, Maitland
37-Tom Feeney, Orlando
38-Bruce McEwan, Orlando
39-Bob Sindler, Apopka
40-Alzo J. Reddick, Orlando
41-Daniel Webster, Orlando
42-C. Fred Jones, Auburndale
43-John Laurent, Bartow
44-Joe Viscusi, Lakeland
45-Tom Mims, Lakeland
46-Everett Kelly, Tavares
47-Charles R. "Chuck" Smith, Brooksville
48-John Long, Land O'Lakes
49-Philip Mishkin, Port Richey
50-R. Z. "Sandy" Safley, Clearwater
51-Patricia A. "Trish" Muscarella, Clearwater
52-Sandra Barringer Mortham, Largo
53-Dennis L. Jones, Treasure Island
54-Lars A. Hafner, St. Petersburg
55-Doug "Tim" Jamerson, St. Petersburg
56-Peter Rudy Wallace, St. Petersburg
57-Mary Brennan, Pinellas Park
58-Jeff C. Huenink, St. Petersburg
59-Brian Rush, Tampa
60-Mary Figg, Lutz
61-Carl L. Carpenter, Jr., Plant City
62-Chris Corr, Apollo Beach
63-James T. (Jim) Hargrett, Jr., Tampa
64-Jim Davis, Tampa
65-Elvin L. Martinez, Tampa
66-Ron Glickman, Tampa
67-J. J. "Toby" Holland, Palmetto
68-Peggy Simone, Bradenton
69-Harry Jennings, Sarasota
70-James M. Lombard, Osprey
71-David L. (Dave) Thomas, Venice
72-Vernon Peeples, Punta Gorda
73-J. Keith Arnold, Fort Myers
74-Tim Ireland, Cape Coral
75-Mary Ellen Hawkins, Naples
76-Bert J. Harris, Jr., Lake Placid
77-Irlo "Bud" Bronson, Kissimmee
78-Charles W. Sembler II, Sebastian
79-Ken Pruitt, Port St. Lucie

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JOURNAL OF THE HOUSE OF REPRESENTATIVES

80-James C. Hill, Jr., Hobe Sound
81-Marian V. Lewis, North Palm Beach
82-Ray Liberti, West Palm Beach
83-Lois J. Frankel, West Palm Beach
84-Ed Healey, West Palm Beach
85-Mark Foley, Lake Worth
86-Steve Press, Delray Beach
87-Carol G. Hanson, Boca Raton
88-Jack N. Tobin, Margate
89-Ben Graber, Coral Springs
90-Peter Deutsch, Plantation
91-Bill Clark, Lauderdale Lakes
92-John C. Rayson, Pompano Beach
93-Debby P. Sanderson, Fort Lauderdale
94-Tracy Stafford, Wilton Manors
95-Anne Mackenzie, Fort Lauderdale
96-Norman Ostrau, Plantation
97-Fred Lippman, Hollywood
98-Steven Geller, Hallandale
99-Walter C. (Walt) Young, Pembroke Pines
100-Ronald (Ron) A. Silver, North Miami Beach
101-Michael Abrams, Miami
102-Elaine Gordon, North Miami
103-Michael Friedman, Surfside
104-Elaine Bloom, Miami Beach
105-Alberto (Al) Gutman, Miami
106-Darryl Reaves, Miami
107-James (Jim) Burke, Miami
108-Willie Logan, Opa-Locka
109-Luis E. Rojas, Hialeah
110-Miguel A. De Grandy, Miami
ll1-Rodolfo "Rudy" Garcia, Jr., Hialeah
112-Carlos L. Valdes, Miami Springs
113-Luis C. Morse, Miami
114-Bruce Hoffmann, South Miami
115-Mario Diaz-Balart, Miami
116-Art Simon, Miami
117-Susan Guber, Miami
118-Daryl L. Jones, Miami
119-John F. Cosgrove, Miami
120-Ron Saunders, Key West
GIVEN under my hand and the Great Seal of the
State of Florida at Tallahassee, the Capitol, this
20th day of November, A. D., 1990.
JIM SMITH
Secretary of State

Prayer
The following remarks and prayer were offered by the Reverend Hal
Marchman, Central Baptist Church, Daytona Beach, upon invitation of
Representative Wetherell:
I am extremely happy to be here today because twelve years ago this
week, Dr. Jim White was doctor of the day and I was minister of the day
when Hyatt Brown was voted Speaker of the House, and we are delighted
to be here the second time. We don't think that's happened very often, and
we think we'll be too old to do it ten years from now so we just wanted to
announce this today.
Let us pray. Almighty God, we give thanks for the great State of Florida
and for the possibilities of what we can become. We thank You for those
who dream dreams and are willing to work toward fulfillment. We are
happy as we invoke Your blessings upon the new leaders of this body. Help
us to remember that with the victory goes responsibility. We pray for our
country and especially for our service people in the Persian Gulf. We ask
that this land may long be bright with freedom's holy light. Protect us by
Thy might, great God our King.

The following Members were recorded present:
The Chair Albright Arnold
Abrams Arnall Ascherl

Bainter
Banjanin

Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy
Clark
Clemons
Corr
Cosgrove
Crady
Davis
De Grandy
Deutsch
Diaz-Balart
Feeney
Figg
Flagg
Foley
Frankel
Friedman
Garcia
Glickman
Goode
Gordon

Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King

Langton
Laurent
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Long
Mackenzie
Mackey
Martinez
McEwan
Mims
Mishkin
Mitchell
Morse
Mortham
Muscarella
Ostrau
Peeples
Press
Pruitt
Rayson
Reaves
Reddick
Ritchie
Roberts

Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Sembler
Silver
Simon
Simone
Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Viscusi
Wallace
Webster
Wetherell
Wise
Young

Excused: Representative Geller.
A quorum was present.

Pledge
The Members pledged allegiance to the Flag, led by Kelli Mitchell, a
student at North Florida Christian School, whose father, Sergeant First
Class Joe Mitchell, Detachment Sergeant with the 160th Military Police
Battalion and an agent with FDLE, is serving in Operation Desert Shield
in Saudi Arabia, and the following representatives of veterans
organizations: Ray Daniels, State Department Commander, American
Legion; C. D. West, State Commander, Disabled American Veterans;
George Carter, Legislative Chairman, Disabled American Veterans; Jack
McGhee, President, Division 5, Air Force Sergeants Association; Verlin W.
Babb, State Department Commander, AMVETS; Ray McCollum,
Department Finance Officer, AMVETS; John Caple, Vice Commander of
Programs, AMVETS; Ms. Josephine Czonstka, President, Emerald Coast
Wave Unit #79 of Waves National; Stanley Czonstka, American Legion,
Post 221, Niceville; Rick Clevenger, Legislative Representative, Vietnam
Veterans of Florida; Larry Ward, Vice President, Vietnam Veterans of
America, Florida State Council; Dale W. Doss, North Area Vice President,
County Veteran Service Officers Association; Bob Fisher, State
Department Commander, American Ex-Prisoners of War; Charles H.
Cuthbertson, Florida State Legislative Coordinator, Non-Commissioned
Officers Association.

House Physician
The Speaker introduced Dr. Jim White of Ormond Beach, who was
serving in the Clinic today upon invitation of Representative T. K.
Wetherell.

Oath Taken By Members
The Members, in groups of six, went to the well where the Oath of Office
prescribed by the Constitution was administered by Chief Justice Leander
J. Shaw, Florida Supreme Court.

Presentation of Guests
The Speaker presented the following former Speakers of the House, who
were present in the Chamber: the Honorable Jon Mills, the Honorable
Terrell Sessums, the Honorable Donald Tucker, the Honorable Ralph
Turlington, the Honorable Richard Pettigrew, the Honorable Lee Moffitt,
the Honorable Ralph Haben and the Honorable James Harold Thompson.

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November 20, 1990

JOURNAL OF THE HOUSE]

Additionally, the Speaker presented the following former Members of the
House: the Honorable Sam Bell, the Honorable Sidney Martin, the
Honorable Chris Meffert, the Honorable Jefferson Reaves, the Honorable
Pat Bailey, the Honorable Pete Dunbar, the Honorable Tom Armstrong
and the Honorable J. Kermit Coble.

Election of the Speaker
The Chair announced the House would proceed to the election of
Officers and, for the purpose of nominations, motions would be seconded.
Nominations would now be received for Speaker of the House for a term
of two years beginning today.
Rep. Johnson nominated the Honorable T. K. Wetherell for Speaker.
Rep. Johnson: Mr. Speaker, honored guests and colleagues. We are at
the threshold of a new decade of leadership in our great State of Florida.
I am honored to have the opportunity today to nominate as Speaker of the
Florida House of Representatives my friend and colleague, Representative
Thomas Kent Wetherell.
T. K. Wetherell is a man of character and intelligence and principle.
Expert observers of state legislatures have noted that one of the most
critical factors in the legislative process is the stability and strength of
leadership. Ten years ago, T. K. was first elected to the Florida House of
Representatives, where he earned the Allen Morris Award for Most
Effective First-Term Member. You have seen him demonstrate that
effectiveness through a decade of leadership. Last year his colleagues
elected him Most Effective Member of the House. T. K. will provide this
Chamber with the leadership which will shape the 1990s and forge the
pathway into the twenty-first century.
T. K. cares about the problems and challenges of this state with a vision
for the future which is steeped in a respect for the traditions of the past.
He's a fifth-generation Floridian. He has enjoyed the steady hands of
loving parents who shaped his life. He will offer us the steady hand of
leadership to shape Florida's future.
Dr. T. K. Wetherell has prepared himself for this important
responsibility with both education and experience. We all know that he's
a true Seminole in mind and body. His three degrees from FSU have
sharpened his intellectual skills to analyze problems and build consensus
and solutions.
His football history has taught him to be a leader as well as a team player.
Even the recreational pursuits of T. K. have prepared him for leadership
in this state with its sensitive ecological environment. His hunting, fishing
and flying have given him a special appreciation for the environment and
an awareness of the need to treat it with respect.
T. K.'s designation remarks gave us valuable insight regarding his
personal convictions. He believes in the worth and dignity of every
Floridian regardless of race, creed, color, national origin or political party.
He believes in the open, ethical government and free elections. He believes
in a balanced budget. He believes that the government which governs least
generally governs best, and most importantly, he believes in God, in
America and in the Florida House of Representatives.
I was commissioned to offer a poem about our friend, T. K. Wetherell,
and with the assistance of Don Anchors, I have these words to share with
you at this time:
I nominate our Speaker and expect nothing in return.
If you believe that, you've got a lot to learn.
T. K. Wetherell is a man for all seasons.
He became our Speaker for all the wrong reasons.
Sam Bell, the Speaker-designate, ran into a Daytona disaster.
He was defeated by the voters and became Sam Bell Castor.
T. K.'s background was in sports, you know.
As a defensive back, he was small but slow.
There are numerous plaques on Doak Campbell field
Commemorating spots where T. K. nearly got killed.
I can't deny it, T. K. took some licks.
He was to football what Claude Kirk is to politics.

To show his gratitude, this former Seminole
Has made a new stadium his number one goal.

November 20, 1990

matter how boring committees are you ought to attend because you'll never
know what will happen. But I will say this, that was the last known sighting
of T. K. Wetherell at any committee meeting besides Appropriations. I can
just see him there now saying, "I'm bored to death. What am I going to do?"
Probably did the best thing of his life.

E OF REPRESENTATIVES 3

Because T. K. recognizes we are in a recession,
He is now prepared to make a major concession.
T. K. has agreed, or so I've been told,
The stadium can be trimmed in garnet instead of gold.
Few things are beyond T. K.'s reach.
He's built a modest mansion outside of Daytona Beach.
It's a little north of Daytona and about 200 miles west.
I've seen the first three floors, but I haven't seen the rest.
One room is stuffed with wildlife, another stuffed with birds,
Another has T. K.'s dictionary filled with four letter words.
Improving education is T. K.'s primary creed
And he's prepared to meet this most basic need
By passing legislation to allow him to succeed
Someone such as Bobby Bowden or Charlie Reed.
Above all else, T. K.'s loyalty to this House
Is illustrated by this episode told me by his spouse.
One night Virginia awoke with a terrible scream,
"T. K., a thief is in the house or did I dream?"
T. K. shouted back, and there's no doubt he meant it,
"Never, Ginger, never, no thief in the House but maybe in the Senate."
T. K., I know you can't wait for this poem to end
But let me just say in closing I've never had a better friend.
Rep. Saunders seconded the nomination of Rep. Wetherell for Speaker.
Rep. Saunders: Mr. Speaker, honored guests, fellow Members. It is my
privilege to second the nomination of T. K. Wetherell for Speaker of the
House. If anyone has ever deserved the title of, "A Man for the Times," it's
T. K. Wetherell.
Two years ago, when the times required the House to select a Speaker-
designate to help bring stability and leadership to the House, T. K. inspired
the trust and confidence of the Members and won one of the fastest races
in history. For the past two years, when the times required that the House
have an Appropriations Chairman who could bring all factions together
and build a consensus to pass the state budget, T. K. opened up the budget
process and helped create two budgets that passed by large margins. And
now, when times require the House select a Speaker with the vision and
the courage to protect the quality of life for all Floridians, T. K. is here to
provide the hard work, intelligence and leadership that is needed for these
times.
Ladies and gentlemen, we are very fortunate to have someone who will
not only meet the challenges of these times but who will be one of the
greatest Speakers of all time, T. K. Wetherell.
Rep. Abrams seconded the nomination of Rep. Wetherell for Speaker.
Rep. Abrams: You know, last night I was at T. K.'s house with two
thousand of his close personal friends and he asked me to second his
nomination. He didn't tell me that I would have to follow Bo's poem. I hate
you, Bo. It was too good.
I don't want to dwell too much on the size of T. K.'s house, but I want
you all to know that Ginger has given me permission to have my son's Bar
Mitzvah there three years from now, and you're all invited. So are you, for
that matter.
When I was elected to the Legislature eight years ago, the first of many
wonderful friendships I made outside of Dade County, the very first, was
Ginger Wetherell. We've been best friends since. And we've shared all the
joys and frustration that this process has to offer. So it's truly special for
me to second the nomination of the husband of Ginger Wetherell, T. K.
Wetherell.
Ginger told me a story I really didn't know last night, until last night,
and that was that T. K. proposed to her in a Transportation Committee
meeting. Sent a note on down to her, made it through Beverly Burnsed's
hands, and she sent a note back, and there's a moral to this story that no

JOURNAL OF THE HOUSE OF REPRESENTATIVES

We face enormous challenges in the next two years. The people of this
state are demanding changes in the way we govern and, under the
Speaker's leadership, we will act today. The country's economy is mired in
uncertainty and that is having a profound effect on our state's budget
jeopardizing recently enacted legislative initiatives. Our citizens are
insisting we re-think the way we deliver our services. They want an
educational system that keeps kids in schools and offers excellence in our
universities. They have compassion for the disenfranchised, but expect
community control and efficiency in the social services we deliver. And
they are right. As Winston Churchill once said, "The era of procrastination,
of half measures, of soothing and baffling expedience of delay is coming to
a close." T. K. understands this and has the character and values to lead
us through these challenging times. T. K. is a winner when we especially
need one. Selected as best freshman (in a rather small class, I might add;
I could have won it in the size of your class, T. K.), Majority Leader in the
second term, Chair of the Education Subcommittee on Appropriations,
and finally, Appropriations Chair the past two years, T. K. is ready to lead.
Working together with the new Governor and the first female President of
the Senate, T. K. will have the State of Florida ready for the twenty-first
century. He will accept no less. So it's with a sense of honor that this proud
alumnus of the University of Miami seconds the nomination of that
devoted Seminole from Volusia County, Thomas Kent Wetherell.
Rep. Lippman seconded the nomination of Rep. Wetherell for Speaker.
Rep. Lippman: For those of you who have not been through these
things before, I just want to let you know it's sort of a replay of the Ralph
Haben nomination of Lee Moffit. See, that didn't get very much of a laugh
now and it probably didn't get very much of a laugh before.
Honored guests, Mr. Justice, Speakers. We are a House of
Representatives with 120 Members, diverse, different gender, ethnic
backgrounds, color, religion and, yes, even philosophy. I think that it makes
it even more important that we choose our leaders very selectively, and we
choose the right kinds of people. I know that one of the things that my
friend of ten years, Thomas Kent Wetherell, has always tried to do and has
always exemplified to us is not just that the achievement of certain results
is important, but to get those results. And he's gotten those results in
Appropriations, in Education and Transportation, in the principles of open
government. We've seen those achievements and we know how important
they are. But what we expect out of our leaders is just a little bit more and
that's what we have in T. K. Wetherell, a little bit more.
In getting to some of those goals over the last ten years, I know I've sat
down with just about every Member of the House of Representatives,
whether you're a Republican or a Democrat, from North or South Florida,
and whether you're still here or just getting here, and we talked a little bit
about what we ought to do and the courage it takes when things get really
tight. The pressures start descending upon the people and they pick a focal
point. And I've seen T. K. Wetherell be that focal point. He observes this
process in a quiet, stoic manner. His motto, and I think we ought to all
remember it, because you are going to hear it a lot of times, "Let's do it right
or let's not do it at all." What that means to me is that he is a person who
doesn't just believe in the ends that he is trying to achieve. He believes in
the way you get there. And he believes that that's important. The example
that you set for other people in getting there is important. And so in the
next two years, when you see him face the problems of finance that we have
in this state, or the protection of the environment, or the health care
problems, or the tremendous population growth that we are continuing to
experience in our state, I want you to notice just one thing. I want you to
notice that the Florida House of Representatives will take the "do it right"
approach, because the person who will be at the helm will insist upon it.
Ladies and gentlemen, fellow colleagues, it is with great honor for me to
second the nomination of my close and very dear friend, T. K. Wetherell.
Rep. Hill nominated the Honorable James M. Lombard for Speaker.
Rep. Hill: Mr. Speaker, former Mr. Speakers, Mr. Justice Shaw,
colleagues, families, distinguished guests, ladies and gentlemen. It is my
high honor to place the name of my best friend in the Legislature,
Representative Jim Lombard of Sarasota County, in nomination for the
high office of Speaker of the Florida House of Representatives. I do this
despite the fact that my Confederate ancestors would be shocked to see this

Georgia boy nominate the son of a prominent New England family. And
they would be shocked to find us both to be Republican. I do this, also,
despite the fact I can't understand a word he says.

Seriously, Jim Lombard is uniquely qualified to assume the office of
Speaker. I first met him when he first walked through these doors in 1984,
when the voters of Sarasota County very wisely elected him to be their
Representative. His office was next to mine and, as he unpacked, I noticed
diplomas from Harvard and I noticed commissions assigning him to high
office in the United States Department of Education signed by President
Ronald Reagan and by Secretary Terrance Bell. I began to suspect that we
had a very special person in our freshman class. And I was right.
I also very quickly learned that Jim is an avid sports buff. His beloved
Celtics dominate his television set during basketball season. He even pulls
for the New England Patriots, and, Jim, I can sympathize; I'm an Atlanta
Falcons fan. But his real love is hockey. He played goalie until he could no
longer see the puck coming at him. He then was manager for the Harvard
Crimson team. Taking the blows as a goalie and binding the wounds of
hockey players seems to me to be outstanding qualifications for the job as
Speaker for the Florida House of Representatives.
Jim is a very successful businessman. As in every other field, he works
hard and he works efficiently. These qualities carry over to his legislative
work. He has been the lead Republican on the Regulated Industries
Committee for the past four years and his imprint is everywhere on the
work of that committee. His expertise in education, and especially higher
education, has been a benefit to all of us in this House and to all of the
people of the State of Florida. His love for nature and the environmental
quality of life so important to us all is also reflected in his hard work in this
area here in these Chambers. He understands the very delicate balance of
fairness in the appropriations process and understands that it is very
necessary to continue to monitor that process. He is committed to serious
budget reforms so that Floridians know that their tax dollars are well
spent, and he understands that until the voters are so assured they will be
very reluctant to support us with new sources of revenue.
Jim Lombard's greatest role is as husband and father. His lovely wife,
Susan, is going to have to share him even more now than she has before.
He will be working for all of us in this House and in this state. I know,
Susan, that your support of his efforts have made it possible for him to be
the great leader that he has become in this House and we are all grateful
to you.
Members, truly this is a man well qualified and well suited to take on the
leadership of this House. Mr. Speaker, I take great pride in placing the
name of Representative Jim Lombard in nomination for the office of
Speaker of the House.
Rep. Garcia seconded the nomination of Rep. Lombard for Speaker.
Rep. Garcia: Mr. Speaker, past Speakers, Members of the House and
guests. Today with great pride I would like to second the nomination of
Representative Jim Lombard for Speaker of the Florida House of
Representatives. Jim, I can only remember the first time I met you was in
1984 right after a primary. We were in a car on the way to your hotel. We
were dropping you off. It was Al Gutman and myself. And Jim at that
moment gave me an impression of leadership that I will never forget.
Because, Jim, you looked me in the eye and you patted Al on the shoulder
and said, "Guys, it'll be better when it's over," but then I heard that you
were a hockey player and that you tended goal for the hockey game. And
it was very incredible to understand a man with such great leadership, a
great family history, a great way to lead our state into the frontier where
it needs to be, and I was very proud to be a Member of the Florida House
of Representatives with Jim Lombard.
Throughout the years, Jim, you've always been there for all of us. You
have been a great mentor, a great historian, a great father, a great husband.
And, Jim, for these reasons and all the other reasons that are important
to all of us of the Florida House of Representatives and our future, I am
so very proud to second the nomination for you to be Speaker of the Florida
House of Representatives. Thank you.
Rep. Sansom seconded the nomination of Rep. Lombard for Speaker.
Rep. Sansom: This morning we are all venturing on to a road that will
take our state through the next decade and on into the twentieth century.
Each of us, by our decisions and our votes to change, or to not change, the

laws of Florida is weaving the pattern for the future, for the Florida of the
year 2000 and the next century. We all have our personal goals. But more
importantly, though, is our collective goal to, beginning this morning,

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November 20, 1990

JOURNAL OF THE HOUSE OF REPRESENTATIVES

weave those first fine threads that will anchor the design for Florida's
future.
Our first action is the selection of a Speaker. A person we can believe will
provide that special leadership necessary to establish a pattern of strength
for, and understanding of, Florida, our past, our present and our future.
There is one Member singularly qualified to give us that leadership. In
seconding the nomination of Jim Lombard as the next Speaker of the
Florida House of Representatives, I am seconding the nomination of the
person who has the insight of our state's history and our heritage, and who
has the foresight for our state's future to lead us firmly forward through
today and into tomorrow.
In 1923, Jim Lombard's grandfather invested in a business in Venice. In
1976, Jim took over that family business. In 1990, the Lombard family has
the oldest business in Sarasota County that has been continuously owned
by the same family. As an individual and as a Legislator, Jim Lombard
believes the most important axiom for each of us is to always keep our
word. Jim also believes that strength is gained from adversity.
From a legislative district that is 26 miles long but only 2 miles wide, Jim
represents Floridians who have great wealth and Floridians who have been
thrown into poverty by rising property assessments on their homes and
health care costs which race far beyond their income.
Jim Lombard believes that one person can accomplish something. In
Massachusetts, he was the Attorney General's Assistant for Political
Affairs. That Attorney General went on to become the first black
Republican ever elected to the U.S. Senate. Jim believes each of us has
something to contribute to Florida's future. Jim wanted me to run for
Congress this year. I told him I would rather be in the Florida House of
Representatives when he became our Speaker. I've always been proud to
call Jim Lombard a friend.
In seconding his nomination as our House Speaker, I urge each of you
to remember that thread, that leadership which, together with each of us,
will weave the fabric for Florida, for our citizens and for our environment
for the next century.
Rep. Webster seconded the nomination of Rep. Lombard for Speaker.
Rep. Webster: I'm honored today to second the nomination of James
M. Lombard for our nominee for Speaker.
I have always respected those who have attended and graduated from Ivy
League schools. Those people that go there are thought of as thinkers. Jim
Lombard is a thinker. He's also a dreamer. A thinker and a dreamer, those
qualities sometimes many believe are not possessed by conservatives. But
Jim is a true conservative. He whispered to me that he was a closet liberal
but I knew he was lying when I walked up here. You know what, Jim is more
than that, even. He's a leader. He's a proven leader. Because of the recent
elections, I think many of us believe we need a balance, a balance between
the Governor's Office and the Senate and this House. And we believe that
Jim could bring that balance. I offer to you the name James M. Lombard,
a thinker, a dreamer, a true conservative, a leader. He's just a few votes
short. Join me in supporting him for Speaker.
On motion by Rep. Arnold, seconded by Rep. Logan, nominations ceased
and Representatives Wetherell and Lombard were declared nominees for
Speaker. When the votes were cast for Speaker, the result was:
Wetherell-72

Abrams
Arnold
Ascherl
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy
Clark
Clemons
Cosgrove

Crady
Davis
Deutsch
Figg
Flagg
Frankel
Friedman
Glickman
Goode
Gordon
Graber
Guber
Hafner
Hargrett
Harris

Healey
Holzendorf
Jamerson
Johnson
Jones, C. F.
Jones, Daryl
Kelly
Langton
Lawson
Liberti
Lippman
Logan
Long
Mackenzie
Mackey

Martinez
Mims
Mishkin
Mitchell
Ostrau
Peeples
Press
Rayson
Reaves
Reddick
Ritchie
Roberts
Rudd
Rush
Saunders

Silver
Simon
Sindler

Smith, C.
Smith, K.
Stafford

Tobiassen
Tobin
Trammell

Viscusi
Wallace
Young

A vote was inadvertently recorded and the roll call was adjusted
accordingly.
Rep. Wetherell was recorded present.
Lombard-45

Albright
Arnall
Bainter
Banjanin
Corr
De Grandy
Diaz-Balart
Feeney
Foley
Garcia
Graham
Grindle

Gutman
Hanson
Harden
Hawkes
Hawkins
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine
Jennings

Jones, Dennis
King
Laurent
Lewis
McEwan
Morse
Mortham
Muscarella
Pruitt
Rojas
Safley
Sanderson

Sansom
Sembler
Simone
Starks
Stone
Thomas
Valdes
Webster
Wise

Rep. Lombard was recorded present.
Rep. Wetherell was declared the duly elected Speaker of the House for
a term of two years beginning today.
Rep. Lombard moved that a unanimous vote be cast for Rep. Wetherell,
which was agreed to. The vote was:
Wetherell-118

Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy
Clark
Clemons
Corr
Cosgrove
Crady
Davis
De Grandy
Deutsch
Diaz-Balart
Feeney
Figg
Flagg
Foley
Frankel

Friedman
Garcia
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson
Jones, C. F.
Jones, Daryl

Jones, Dennis
Kelly
King
Langton
Laurent
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Long
Mackenzie
Mackey
Martinez
McEwan
Mims
Mishkin
Mitchell
Morse
Mortham
Muscarella
Ostrau
Peeples
Press
Pruitt
Rayson
Reaves
Reddick
Ritchie

Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Sembler
Silver
Simon
Simone
Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Viscusi
Wallace
Webster
Wise
Young

Rep. Wetherell was recorded present.
On motion by Rep. Crady, seconded by Rep. Liberti, the Chair appointed
Representatives Carpenter, Mitchell, Ascherl, Gordon, Mackenzie,
K. Smith, Healey and Wallace as a committee to escort Rep. Wetherell and
his family to the rostrum.
Chief Justice Leander J. Shaw administered the Oath of Office to the
Speaker, using the Wetherell family Bible.
Rep. Ascherl presented the following family members: Rep. Wetherell's
parents, Mr. and Mrs. Tom J. Wetherell; his brother and his wife, Mr. and
Mrs. Bill Wetherell, and sons, Jimmy and Tyler. Rep. Ascherl then
presented the Speaker's wife, a former colleague of the House, Virginia
Wetherell, and their children, Kent, Page and Blakely.

November 20, 1990

5

6 JOURNAL OF THE HOUSE

Mr. Gustafson handed the gavel to Rep. Wetherell signifying his
authority as the new Speaker of the House of Representatives.

THE SPEAKER IN THE CHAIR
Speaker Wetherell: Thank you very much. I'm going to try and hold
my remarks for our organizational meeting in December, but there are a
couple of things that I would like to say very briefly. Our family is blessed
today, as you can well see. We're all here. We're in good health. We
appreciate your support. Thank you.
Mr. Lombard, I was going to mention that you do have an accent. That
can be taken care of-if you'll say your prayers every night, support the
Seminoles and vote Democratic, good things are bound to happen to you.
(laughter)
The committee escorted the Speaker's family back to their seats.

Election of the Speaker pro tempore
The Speaker announced that nominations would now be received for
Speaker pro tempore of the House of Representatives for a term of two
years beginning today.
Rep. C. Smith nominated the Honorable Everett A. Kelly for Speaker
pro tempore.
Rep. C. Smith: Mr. Speaker, Mr. Chief Justice, former Speakers,
friends and colleagues. This old curmudgeon is very pleased to have this
opportunity and this privilege and I wanted to say before I get into my
official duties, Representative Sembler, most of us would like to vote twice
but the rules don't allow that.
I'm particularly pleased and honored to have the opportunity to place
in nomination for the office of Speaker pro tempore-and if you don't
think a Sumter County boy don't have a lot of problems saying that, so
from this point on I'll just refer to it as pro tem. Is that all right?-my very
close and personal friend, Representative Everett Kelly. Bolley, I don't
know any poets. Wish I did because obviously he would be deserving of
similar accolades. Everett Kelly, this, as most of you know, it's his second
opportunity at this office. And I guess the nicest things that any of us can
really say about our colleagues who have been selected to places of
leadership is that we trust them, that they're our friend, that we know
they're fair, that we know they appreciate what this House stands for and
for the very important responsibility that each of us has in representing our
constituency.
We heard yesterday about Representative Kelly's tremendous abilities
as a fisherman and that's a hoax. Because, you see, he fishes with a cast net.
And if you're a real close friend, he'll let you tote the bucket. And I'm an
accomplished bucket toter. He's not really much of a conservationist,
'cause he'll throw as long as he catches a fish. But that degree of dedication
that he exemplifies as a fisherman, he will certainly do as our Speaker's
number one right-hand man. And, I suppose he will become our conduit
to the Speaker and I'm sure you will find him receptive to your needs, to
your desires, as long as they do not require the expenditure of public funds.
And then being a professional pharmacist, I perceive that what we are
embarking on probably will necessitate each of us needing his professional
services a great many times in the ensuing months and years because
obviously we have a difficult task ahead of us. I think as Members of the
Florida House each of us are particularly pleased to know that we are going
to have a Speaker and Speaker pro tem that we appreciate, that we
support, that we know will provide the kind of leadership that we are going
to give them today. And it's a particular personal pleasure for me to have
the opportunity to place in nomination my very best friend, Everett Kelly.
Rep. Martinez seconded the nomination of Rep. Kelly for Speaker pro
tempore.
Rep. Martinez: Mr. Speaker, Justice Shaw, former Members,
Members, honored guests. To be called upon to second or participate in
nominating our leadership is a tremendous honor. And it's a particular

honor for me to nominate my good friend Everett Kelly.
Everett came to the House in 1978 and there are some things about
Everett that some of us know and some of us don't. One, he was born in
Foley, Alabama, and when he left, it improved the quality of Foley. There
was another fellow that was born in Foley, Alabama, and is a football

]

here today, but I just want to make a couple of brief comments today.
Honesty, integrity, fairness and dedication are qualities that we all
admire in people, and Sandra has shown these qualities time after time as
a Member of this body since 1986. Sandy has lived in Largo for thirty-six
years and has given countless hours of community service to the people of

_ ___ _ ___ __ __I_

E OF REPRESENTATIVES November 20, 1990

player, T. K. His name was Ken Stabler. He played football with the
Raiders and Alabama. His nickname was Snake. Foley sent the snake to
the Raiders and we got the turkey. Everett is a hunter and a sportsman but
he's the only man I know who got skunked literally. Everett went to help
a dog out barking in the middle of the night, opened the door and a skunk
skunked him, really. He had to stay outdoors for about two weeks, burn his
clothes. Everett is one of those rare animals. He's a Gator-Nole or Nole-
Gator. He had his undergraduate work at Florida State in zoology with a
minor in botany and if you're ever around Everett for any length of time,
he'll look at a tree and he'll tell you that tree floated down the Apalachicola
in the flood of 1944, took root here. That's why we have around the
Apalachicola area trees that don't grow anywhere else in Florida. Then he'll
see a skunk and he'll say he don't want to talk about a skunk. But Everett
is more than that. Everett is a man of principles, quiet fellow. But whenever
Everett says something, it's important and we should all listen. Everett by
profession is a pharmacist. He knows how to mix the right words and the
right action to accomplish something. He also has another attribute. He
cares about humanity. Everett took on the thankless job, I might add, of
being the Chairman of the Corrections Committee. And it's a time of
turmoil and he took over that job several years ago and I happened to serve
on that committee with great pride and he said, "Let's make a difference."
And Everett did. Everett saw to it that our prison system was more than
just a warehouse. He was giving opportunities and it's going to pay off.
Everett, this state is going to thank you.
As a pharmacist, Everett mixes medicines together and forms
compounds and I think we have the right prescription here when you take
one T. K., add an Everett Kelly, and that's the prescription for success. It's
with a great deal of honor and pleasure that I second the nomination of
Everett Kelly as Speaker pro tempore of the House of Representatives.
Thank you so much.
Rep. Clark seconded the nomination of Rep. Kelly for Speaker pro
tempore.
Rep. Clark: Mr. Speaker, special guests, Members of the House. It is
with a great deal of pleasure and honor that I have the privilege of
nominating Mr. Everett Kelly as Speaker pro tempore for the Florida
House of Representatives for the years 1990-1992.
In 1982 when I first came to the Florida Legislature, I served on the
Regulatory Reform Committee with Representative Kelly. He's the first
Representative I know of that I listened to him talk about a bill and I
agreed to vote with him. But before he finished talking, I changed my mind
and voted against him. Occasionally he can feel very strongly about issues
and I have always, always listened to his comments and always respected
his opinions. He is a very knowledgeable person about the legislative
process. He is a very concerned individual about the environment. Not only
does he fish, but I have also been told that he is the stump knocker king.
For those of you that don't know what stump knockers are, those are fish
about the size of your two fingers and most people throw them back.
Apparently, he has a reputation of keeping everything that he catches.
However, he is here today and, Mr. Speaker, you have made a wise choice
in selecting Mr. Kelly to serve as your Speaker pro tem because he has been
loyal to this House and I'm sure he will be loyal to you. He has been a friend
of mine ever since I've been here and I'm glad to know that he will be in
Big Sam's office, I hope, so that I can find you when I need you. I want to
welcome you and I want to assure you that we will help in any way to make
your term a successful one. Thank you again.
Rep. Albright nominated the Honorable Sandra Barringer Mortham for
Speaker pro tempore.
Rep. Albright: This should only take about a half hour. Brand new Mr.
Speaker, ladies and gentlemen, colleagues, friends and neighbors. I have
the distinct honor of placing the name for nomination for Speaker pro tem
of Sandra Mortham for the 1990-1992 session. I went to Jim King yesterday
and got some ideas from him and some words of wisdom as only Jim can
give; and his parting words were, "Well, you do a good job but I know you're
going to be scared to death up there." And, Jim, I'm scared to death to be

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Pinellas County. She is the 1990-91 Chairperson for the Pinellas County
Delegation. The qualities that a Speaker pro ter needs to have to serve
effectively are dedication to hard work and knowledge of the issues, and
we all know that Sandy holds those very much dear. Brand new Mr.
Speaker, Sandra Mortham epitomizes what we all know to be true, that a
woman's place is in the House, this House, to lead Florida in the
Legislature into the 1990's. Thank you very much.
Rep. Hanson seconded the nomination of Rep. Mortham for Speaker pro
tempore.
Rep. Hanson: Long walk; unfortunately, some things never change. Mr.
Speaker, Mr. Chief Justice, colleagues, friends, Romans, countrymen.
Wrong speech. Well, I was going to do a rap, that's right, 'cause Dr. Morris
thinks they're out of sight. But I've already done that. Then I thought a
poem or two, to tell the wonders of our Sandy true, but Bo Johnson beat
me to the punch. Then I thought, perhaps a song, but I knew Big Sam
would give me the gong and that would be most painful. Trust me. So I
simply decided I shall stay the course and tell you how very pleased I am
to second the nomination of Sandra Barringer Mortham for the position
of Speaker pro tem. I suspect the only negative flaw that I could find in
Sandy's character is that she is a Yankee, who hails from Erie,
Pennsylvania. Like Dennis Jones and I, her parents had the wise sense to
leave beautiful downtown Erie and head for fabulous Florida in 1953 when
Sandy was barely able to talk. There is no truth to the rumor her first words
were, "If elected, I shall serve." I am told, indeed, her first words were, "Ah
yes, a woman's place is in the House, the Senate, the Governor's Mansion
and the Oval Office."
Sandy was elected to the House in 1986 after serving as a Largo City
Commissioner and Vice Mayor. As a local elected official, she knows well
the importance of the need of cooperation and TLC between the locals and
state government, and she practices what she preaches. One of Sandy's
major accomplishments last year was her prime sponsorship of the
unfunded mandates constitutional amendment approved overwhelmingly
by the voters at the polls on November 6. It was a tribute to her stamina
and her reputation as one who does her homework that she managed to
take the positives and turn them into negatives. This is what has earned
her the unofficial title of Tallahassee's Steel Magnolia. Unlike the movie,
Sandy's story will have a happy ending. She will serve us well and she will
do us proud. I, too, take great pleasure and pride in seconding the
nomination of Sandra Barringer Mortham for the position of Speaker pro
ter. Thank you.
Rep. Hoffmann seconded the nomination of Rep. Mortham for Speaker
pro tempore.
Rep. Hoffmann: Mr. Speaker, Members of the House, honored guests.
It is my distinct honor to stand before you this morning and to second the
nomination of Sandra Mortham as Speaker pro ter of the Florida House.
In my brief two-year tenure in the Florida House, I have seen few people
who can excel Sandra Mortham in the areas of hard work, ability and
dedication. It has been my pleasure to have served with her in various
committees and to have seen her in action and to see that she is the type
of person that we would need and we desire to be the Speaker pro ter of
the Florida House. It is with great pleasure that I second the nomination
of Sandra Barringer Mortham as Speaker pro ter of the Florida House.
Thank you.
On motion by Representative Long, seconded by Representative Press,
nominations ceased and Representatives Kelly and Mortham were
declared the nominees for Speaker pro tempore. When the votes were cast
for Speaker pro tempore, the result was:
Kelly-71

The Chair
Abrams
Ascherl
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter

Chestnut
Chinoy
Clark
Clemons
Cosgrove
Crady
Davis
Deutsch
Figg
Flagg

Frankel
Friedman
Glickman
Goode
Gordon
Graber
Guber
Hafner
Hargrett
Harris

Healey
Holzendorf
Jamerson
Johnson
Jones, C. F.
Jones, Daryl
Langton
Lawson
Liberti
Lippman

Logan
Long
Mackenzie
Mackey
Martinez
Mims
Mishkin
Mitchell

Ostrau
Peeples
Press
Rayson
Reaves
Reddick
Ritchie
Roberts

Rudd
Rush
Saunders
Silver
Simon
Sindler
Smith, C.
Smith, K.

Stafford
Tobiassen
Tobin
Trammell
Viscusi
Wallace
Young

Rep. Kelly was recorded present.
Mortham-45

Albright
Arnall
Bainter
Banjanin
Corr
De Grandy
Diaz-Balart
Feeney
Foley
Garcia
Graham
Grindle

Gutman
Hanson
Harden
Hawkes
Hawkins
Hill
Hoffmann
Holland
Huenink
Ireland
Irvine
Jennings

Jones, Dennis
King
Laurent
Lewis
Lombard
McEwan
Morse
Muscarella
Pruitt
Rojas
Safley
Sanderson

Sansom
Sembler
Simone
Starks
Stone
Thomas
Valdes
Webster
Wise

Rep. Mortham was recorded present.
Rep. Kelly was declared the duly elected Speaker pro tempore for a term
of two years beginning today.
Rep. Mortham moved that a unanimous vote be cast for Rep. Kelly,
which was agreed to. The vote was:

Kelly-119
The Chair
Abrams
Albright
Arnall
Arnold
Ascherl
Bainter
Banjanin
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Carpenter
Chestnut
Chinoy
Clark
Clemons
Corr
Cosgrove
Crady
Davis
De Grandy
Deutsch
Diaz-Balart
Feeney
Figg
Flagg
Foley

Frankel
Friedman
Garcia
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson
Jones, C. F.

Jones, Daryl
Jones, Dennis
Kelly
King
Langton
Laurent
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Long
Mackenzie
Mackey
Martinez
McEwan
Mims
Mishkin
Mitchell
Morse
Mortham
Muscarella
Ostrau
Peeples
Press
Pruitt
Rayson
Reaves
Reddick

Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Sansom
Saunders
Sembler
Silver
Simon
Simone
Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Thomas
Tobiassen
Tobin
Trammell
Valdes
Viscusi
Wallace
Webster
Wise
Young

Rep. Kelly was declared unanimously elected Speaker pro tempore of the
Florida House of Representatives.
On motion by Rep. Burke, seconded by Rep. Figg, the Chair appointed
Representatives Tobiassen, Glickman, Rush, Goode, Reddick and Young
as a committee to escort Rep. Kelly and his family to the rostrum.
Chief Justice Leander J. Shaw administered the Oath of Office to the
Speaker pro tempore.

7

November 20, 1990

JOURNAL OF THE HOUSE OF REPRESENTATIVES November 20,1990

Rep. Kelly presented the following family members and friends: Mr.
Kelly's wife, Tara; his mother-in-law, Mrs. Couch; his wife's aunt and
uncle, Omajean and Bill Roop; his son and daughter-in-law, Steve and
Janet Kelly.
Rep. Kelly: You know, this is a great moment in history. Never before
have I run for, been appointed to, or have been elected to the Speaker pro
tem of the Florida House, and you're all here to share it with me. Aren't
you glad?
Let me first thank you, my colleagues, for affording me the opportunity
to serve and to be a part of this great family, the Florida House, and to
those that I represent back home, for their support and especially to my
staff back home, and here also, who have made me, helped to make me,
what I am today, and especially my friend and our new Speaker, T. K.
Wetherell.
You know I'm told, Members, that the T. K. stands for "The King."
We've got to remember that for the next two years. I'm just kidding, Mr.
Speaker. We're just having a little fun here. But, T. K., by choosing me for
this important post, you have forever imprinted upon my memories a very
special day. One that I will never forget and I want you to know that I love
you for it. I'll never forget you and Ginger. Y'all are just super people and
I look forward to serving with you.
Much has been said here today about where this state has been and
about where it's going. In spite of what you hear, ladies and gentlemen, and
what you read in the media, you have some of the finest people on earth
right here in this body who are representing you exceptionally well. These
people are bringing to Florida the very finest government that's found
anywhere in the world and I love 'em all and you should appreciate all of
them. They're super people. These people, plus the leadership in the
Governor's Office for the next coming four years, plus the leadership in the
Senate, and especially the leadership in this House under our able Speaker,
Mr. Wetherell, you are going to see Florida move forward. The time for
drifting is over. We need to make Florida what it is, the greatest place on
Earth. Thank you very much.
Speaker Wetherell: Representative Kelly, "Your Royal Highness"
will be fine in the future. (laughter)

Election of the Clerk
The Speaker announced that nominations would now be received for
Clerk of the House of Representatives for a term, under Rule 1.3, of two
years from this date.
Rep. Davis nominated Mr. John B. Phelps as Clerk.
Rep. Davis: Mr. Speaker, Mr. Chief Justice, ladies and gentlemen. It
is my privilege to place in the nomination as Clerk of the House the name
of John Phelps.
With vigor and distinction, John Phelps has served the Florida House
as Clerk for the last four years. Including his earlier work with House
committees, John has served the House for the last sixteen years.
As we've come to know John Phelps, we have all developed great respect
for the intensity of his commitment to preserving the integrity of the
legislative process. His sure counsel to our Speaker, Rules Chairman, and
every Member helps us to work in the House to the best of our abilities.
During the next two years, we'll have some very spirited debates on this
floor. As we contend, we can always rely upon John's fairness and
impartiality. Every Member has equal standing before John Phelps.
John's talents have been widely recognized outside the Florida House.
In 1992, he will be Chairman of the American Society of Legislative Clerks
and Secretaries, the highest honor his peers can bestow upon him. John has
also broadened his experience internationally. He has advised the
Guatemalan and Phillipine parliaments on procedure, and both countries
have honored him for his contribution.
While at the pinnacle of his profession, John serves the Florida House
with an abundance of modesty. When speaking of the Clerk's office, he
speaks only of his staff and praises them. Understandably, under his
leadership, his staff shares his intense devotion to the House. No better
example can be found than in the last days of the 1990 session, when John

and his staff stayed up four nights in a row, all the while performing their
duties in their usual first-rate fashion.

The House will be a better place because John Phelps is here to guide
us. Surely his tenure as our Clerk is just underway. Mr. Speaker, it is my
honor to place into nomination for Clerk of the House the name of John
B. Phelps.
Rep. King seconded the nomination of Mr. John B. Phelps as Clerk.
Rep. King: Mr. Speaker, honored and august guests, ladies and
gentlemen of the House, guests in the gallery. I am honored to have been
asked to offer the seconding nomination for a man we all admire, John
Phelps, for Clerk of the House. When discussing my intended speech with
John, his instructions were direct: "Keep it simple. Keep it short. Don't get
sloppy or maudlin." Those of you who know me in this Chamber will attest
to the fact that if I achieve any of those three mandates, it will be an all-
time first.
As my colleague, Representative Davis, has well described-John Phelps
has already proven just how good he is in the position he holds. What
Representative Davis didn't mention, but that I was able to learn, and this
is truth, is that John Phelps, after graduating from Florida Presbyterian
College, trained chimpanzees for NASA before America's first moon shot.
Is it any wonder, therefore, that John is so adept at dealing with this body
of unique personalities and enormous egos?
As one of only two constitutional officers-the other is the Speaker-the
Clerk's role is one that requires total nonpartisan reactions. John has most
assuredly proven time and again his ability to meet that most challenging
demand of his post. The accurate, descriptive words have already been said
about John, but like all gifted managers, you are only as good as the people
who serve with you. For that reason, I want to express, not only our
appreciation of John, but for his staff, which makes him, and us, look so
good. From the print shop, to House duplicating, to document distribution,
to the reading clerks, and to the staff at the podium during session, the
near-one-hundred people who work for the Clerk's office keep us on track
without ever showing partisan feelings or displaying inequitable behavior.
The staff is always professional in their dealings and, while the average
term of office for those of us who serve is but three terms, many in the
Clerk's office have exceeded thirty years of service to the public and to us.
So, finally, my fellow Members, as we cast our votes for John Phelps, let
us also do so for the unsung heroes of the Clerk's Office, the team behind
the man. Thank you.
On motion by Rep. Trammell, seconded by Rep. Graber, nominations
ceased and a unanimous vote was cast for John B. Phelps as Clerk of the
House.
John B. Phelps was declared the duly elected Clerk of the House for a
term of two years beginning today.
Mr. Phelps went to the rostrum, where Chief Justice Leander J. Shaw
administered the Oath of Office to him.
Remarks by Mr. Phelps
Thank you very much. Mr. Speaker, Mr. Chief Justice, Members of the
House, and friends, I will be brief; we have more work to do today.
The business of producing the legal record of this Chamber's proceedings
is extremely demanding. It requires exceptional attention to detail, a
mastery of legislative procedure and a thorough understanding of a
complex document processing technology.
Over the past two years, with the assistance of the Legislative Data
Center, an inexperienced but very dedicated staff devised and
implemented a new system for producing the Journal of the House of
Representatives. This system not only provides a more accurate product,
it saved the State almost six hundred thousand dollars during the 1989 and
1990 sessions and will continue to produce similar savings in future
legislative sessions. For this effort, your Clerk's office was honored with the
"Davis Productivity Award," from Florida TaxWatch.
In accepting your nomination, I do so in grateful recognition that it
represents, as well, a reaffirmation of the confidence in this able and loyal

staff. We, the staff and I, thank you for the great honor of continuing in
service to this House. Thank you.

8

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Designation of Sergeant at Arms
The Speaker announced the designation of Mr. Wayne Westmark as
Sergeant at Arms and requested the consent of the House. On motion by
Rep. Carpenter, seconded by Rep. Brown, the House consented to the
designation of Mr. Westmark as Sergeant at Arms. Mr. Westmark went to
the rostrum, where Chief Justice Leander J. Shaw administered the Oath
of Office to him. Sergeant Westmark expressed his appreciation to the
House.
Designation of Clerk Emeritus
The Chair announced the designation of Dr. Allen Morris as Clerk
Emeritus of the House.

Committee to the Governor
On motion by Rep. Flagg, seconded by Rep. Boyd, the Speaker
appointed Representatives C. F. Jones, Mortham, Deutsch, Frankel,
Simon, Bronson and Jamerson as a committee to inform the Governor that
the House was organized.

Committee to the Senate
On motion by Rep. Harris, seconded by Rep. Mims, the Speaker
appointed Representatives Langton, Dennis Jones, Hargrett, Peeples,
Sindler and Ostrau as a committee to inform the Senate that the House was
organized.

Presentation of New Members
The following new Members were presented to the House: the Honorable
Scott Clemons, District 6, Panama City, was presented by Rep. Mackey;
the Honorable Kathy Chinoy, District 20, Jacksonville, was presented by
Rep. Bloom; the Honorable Cynthia Chestnut, District 23, Gainesville, was
presented by Rep. Holzendorf; the Honorable Paul Hawkes, District 26,
Crystal River, was presented by Rep. Dennis Jones; the Honorable Bob
Starks, District 36, Maitland, was presented by Rep. Webster; the
Honorable Tom Feeney, District 37, Orlando, was presented by Rep.
Grindle; the Honorable John Laurent, District 43, Bartow, was presented
by Rep. Holland; the Honorable Joseph Viscusi, District 44, Lakeland, was
presented by Rep. Roberts; the Honorable Phil Mishkin, District 49, Port
Richey, was presented by Rep. Rudd; the Honorable Trish Muscarella,
District 51, Clearwater, was presented by Rep. Safley; the Honorable Mary
Brennan, District 57, Pinellas Park, was presented by Rep. Hafner; the
Honorable Chris Corr, District 62, Apollo Beach, was presented by Rep.
Huenipk; the Honorable Charlie Sembler, District 78, Sebastian, was
presented by Rep. Stone; the Honorable Ken Pruitt, District 79, Port St.
Lucie, was presented by Rep. Hill; the Honorable Mark Foley, District 85,
Lake Worth, was presented by Rep. Lewis; the Honorable John Rayson,
District 92, Pompano Beach, was presented by Rep. Guber; the Honorable
Tracy Stafford, District 94, Wilton Manors, was presented by Rep.
Friedman; the Honorable Darryl Reaves, District 106, Miami, was
presented by Rep. Lawson; the Honorable Daryl L. Jones, District 118,
Miami, was presented by Rep. Cosgrove.

Committee From the Senate
A committee from the Senate consisting of Senators Crotty, Dantzler,
Diaz-Balart, Grizzle, Meek, Walker and Weinstock was received and
announced that the Senate was organized.

Consideration of House Resolution

By Representative Johnson-
HR 1-Org.-A resolution amending the Rules of the House of
Representatives.
Be it Resolved by the House of Representatives of the State of Florida:
That the Rules of the House of Representatives adopted at the

Organization Session, November 20, 1990, are amended as follows:
(a) Rule 1.8 is amended to read:

1.8-Hours of Employment and Duties of Employees; Absence; Political
Activity
o .
Employees shall not engage in campaign activities during regular work
hours, except when on approved leave, and shall neither hold, nor be a
candidate for public office other than a political party executive
committee office while in the employ of the House of Representatives.
Employees of the House hall bo regulated concerning their political
activity purSuant to Section 110.233, F.S.
Rule 1.11 is amended to read:
1.11-Legislative Records
There shall be available for public inspection, whether maintained in
Tallahassee or in a district office, the papers and records developed and
received in the course of legislative business as follows:

(g) leave, classification, applications, pereennel and payroll records of
members and employees;

(j) all records which are required by these rules er-expresela w to be made
or retained.
Rule 2.1 is amended to read:
2.1-Calling the House to Order
The Speaker shall take the chair on every legislative day precisely at the
hour to which the House recessed adjourned at the last sitting,
immediately call the Members to order and proceed with the business of
the House as provided in Rule 8.2, on the appearance of a qurunm, au.e
prayer to be aid and thc Journal of the prcviouo procecdinga to bo
zorrected, and pr-zeed to other business.
Rule 2.4 is amended to read:
2.4-Speaker's Signature to Acts, Warrants, etc.; Decision of Questions
of Order Subject to Appeal; and Approval of Legal Proceedings
The Speaker shall sign all acts, joint resolutions, resolutions, memorials,
writs, vouchers for expenditures chargeable to the House or other papers
issued by the House. The Speaker shall decide all questions of order
subject to an appeal by any Member. The Speaker may require the
Member raising a point of order to cite the rule or other authority in
support of the question. Upon appeal, no Member (except the Member
making taking the appeal) shall speak more than once, save by permission
of the House. The Member making taking the appeal shall have the right
to speak five minutes in closing the debate.

Rule 2.7 is created to read:
2.7-Open Meetings
Subject to order and decorum, the Speaker shall provide reasonable
access to members of the public, including at least one representative
each of the print media and the radio and television news media, to any
meeting between the Speaker and either the Governor or the President
of the Senate, if such members of the public or press have requested
admission to the meeting and the meeting has been prearranged for the
purpose of agreeing, at such meeting, to take formal legislative action on
pending legislation or amendments at such meeting or at a subsequent
time. Such meetings shall be reasonably open to the public and shall be
governed by, and conducted in accordance with, the requirements of Rule
5.19, as if such meeting were a meeting between three or more legislators.
Rule 3.8 is amended to read:
3.8-Responsibility for Legal Form of Bills, etc.
The Clerk shall examine bills upon their tender for introduction to
determine whether superficially these meet the requirements of the
Constitution for the presence of the enacting or resolving clause or
provision in local bills, including local claim bills, for advertising or for

referendum; but beyond calling an apparent defect to the attention of the
sponsor, the obligation of the Clerk shall end and responsibility for legal
and constitutional correctness shall be that solely of the sponsor.

November 20, 1990

9

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Rule 3.9 is amended to read:
3.9-Keeps Indices
The Clerk shall retain, in addition to a numerical index of bills,-a
cumulativc index of bills by sponsor.
Rule 5.10 is amended to read:
5.10-Disclosure Disqualification
A Member of the House prior to taking any action or voting upon any
bill in which he knows or believes he or a member of his family, has a
personal, private or professional interest which inures to his special private
gain, or to that of a member of his family, or the special gain of any
principal by whom he or a member of his family is retained or employed,
shall disclose the nature of such his interest as a public record in a
memorandum filed with the Clerk of the House and published in the
Journal of the House, or if such member will be voting or abstaining from
voting in committee or subcommittee, he shall file a memorandum with
the committee secretary, who shall attach such memorandum to the
committee report. Upon disclosure, such Member may disqualify himself
from voting on a bill in which he has a conflict of interest pursuant to Rule
5.1. For the purpose of this Rule, family members shall include the
Member's spouse, his parents, and his children.
Rule 5.12 is amended to read:
5.12-Advisory Opinions
A Member of the House, when in doubt about the applicability and
interpretation of this Rule in a particular context, shall submit in writing
the facts of the situation to the Speaker, who shall refer the issue to a
committee designated by the Speaker to have responsibility for the ethical
conduct of Members with a request for an advisory opinion to establish the
standard of public duty. An advisory opinion shall be rendered by the
committee, all of said opinions to be numbered, dated, and published in
the Journal of the House. Said opinions shall not identify the Member of
the House seeking the opinion unless such Member so requests.
Rule 5.19 is created to read:
5.19-Open Meetings
Subject to order and decorum, each Member of the House shall provide
reasonable access to members of the public to any meeting between such
Member and two or more other Members of the House or of the Senate,
if such members of the public have requested admission and such meeting
has been prearranged for the purpose of agreeing to take formal
legislative action on pending legislation or amendments at such meeting
or at a subsequent time. No such meeting shall be conducted in the
Members' Lounge or at any location which is closed to all members of the
public. No such meeting shall be conducted at any location which the
Member knows to prohibit admission on the basis of race, religion, gender,
national origin, physical handicap, or similar classification.
Meetings conducted in the chamber of either the House or the Senate
while such body is in session shall be considered to be held at a location
providing reasonable access to, and to be reasonably open to, the public.
Where the number of persons must be limited because of space
considerations or otherwise for the maintenance of order or decorum, at
least one representative each of the print media, radio, and television
shall be included among the members of the public admitted, if such
persons have requested admission.
For the purpose of this Rule, Rule 2.7, and as used in Article III, Section
4 of the State Constitution, legislation shall be considered pending if filed
with the Clerk of the House and an amendment shall be considered
pending if it has been delivered to the secretary of a committee in which
the legislation is pending or to the Clerk of the House if the amendment
is to a bill which has been reported favorably by each committee of
reference and the term "formal legislative action" shall include any vote
of the House or Senate, or of a committee, or subcommittee on final
passage or on a motion other than a motion to adjourn or recess.
Rule 6.1 is amended to read:
6.1-Standing Committees

The Speaker shall, beginning with the Organization Session, appoint the
members of the following standing committees:

Agriculture
Appropriations
Children & Youth
Claims
Commerce
Community Affairs
Corrections
Criminal Justice
Education

Employee & Management Relations

Ethics & Elections
Finance & Taxation
Governmental Operations
Health & Rehabilitative Services
Health Care
Higher Edueation
Highway Safety & Construction
House Administration
Insurance
Judiciary
Natural Resources
Postsecondary Education
Public Schools
Public Transportation
Reapportionment
Regulated Industries
Regulated Services & Technology
Regulatory Reform
Rules & Calendar
Science, Industry & Tlcchnology
Small Busineos & Economic Development
Tourism, Hospitality & Economic Development
Transportation
Veterans & Military Affairs & Emergency Preparedness
Vocational/Technical Education
He shall give notice of such establishment and appointment in writing
to the Clerk of the House for publication in an the Interim Calendar and
the Session Journal.
Rule 6.4 is amended to read:
6.4-Number of Members; ex officio Members

The Speaker pro tempore or, when ae-his designated by the Speaker
replacement, the Majority Leader shall, ex officio, be an additional voting
member of each standing committee. However, for the purpose of quorum,
an ex officio member shall not be included in the membership of a
committee.
Rule 6.20 is amended to read:
6.20-Notices of Meetings Between Sessions
Before any committee holds a meeting for the purpose of considering a
profiled bill or proposed committee bill (PCB) during the period when the

November 20, 1990

10

JOURNAL OF THE HOUSI

Legislature is not in session, a notice of such meeting shall be filed with the
Clerk and the Sergeant at Arms no later than fourteen calendar days before
the Friday preceding the week of the meeting. The committee secretary
separately shall send copies of notice to the members of the committee, the
first named sponsor sponsors of the bill and to such other sponsors and
persons who have requested notice.
Rule 6.23 is amended to read:

November 20, 1990

6.23-Continuation of Recessed Meetings; Continuation on Same Day 6.40-Committee Substitutes

A committee may continue the consideration of properly noticed
legislation after the expiration of the time set for the meeting if a majority
of the committee members present agree to temporarily recess to continue
the meeting at a time and place certain on the same day.
Rule 6.25 is amended to read:
6.25-Open Meetings
All meetings of all committees shall be open to the public at all times,
subject always to the authority of the presiding officer to maintain order
and decorum, except that where necessary for the protection of a witness
and with the concurrence of the Speaker, a chairman may close a
committee meeting, or portion thereof, and the record of such meeting
shall not disclose the identity of the witness appearing before the
committee.
Rule 6.28 is amended to read:
6.28-Reference of Bills to Subcommittees
The chairman of a standing committee, upon receipt of a bill from the
Clerk of the House, shall either refer the bill to a subcommittee or agenda
the bill for a meeting of the standing committee. Reference to a
subcommittee shall institute "action" when the reference has beon
ratified or confirmed by vote of the parent committee.
In either event, the chairman shall concurrently notify the Clerk of the
House of the action on forms provided for that report.
Rule 6.29 is deleted as obsolete:
6.29-Deleted as Obsolete Request for Committee Consideration
Upon the written request f a sponsor (or, in the ease mm of a Snate bill o,

Rule 6.34 is amended to read:
6.34--Nature and Contents of Reports
It shall member) t the duty of co mmittees to report p n bills
bill, given fourteen calendar days after the bill has boen reccivcd by the

either favorably, favorably with committee amendment, favorably within
committee n Fsubs titute, or unfavorably, but never l without a time
recommendationwhi." A motion to lay a bill "on the table" shall be onstrued
as a motion to report td upn within e pending bill unfavorably.may be

iEach report by a committee shall set forth the identifying number of the
mmbi, and, i aubmendments are proposedation by the committee, the words "with

amendments" shall follow the identifying number. For the purpose of
documentati ron, committees shall retain copies of committee reports and
Rule 6.34 is amended to read:

6.34-amendments adopted, rejected, or withdrawn with the committee action
noted thereon. After the committees to report has een fills reed with the Cler
of their favorably, favorably withese Rules, he shall preserve the Commrably wittee
committee substitute, or unfavorably, but never "without

recommendation Record for the cA motion to lay avenient inspection by the table" shall be construeduring
the legislaa motion tove session and afterwards deliver it to the Secretary of State.nding bill unfavorably.

EachRule 6.35 is a committee shall set forth the identifying number of the
bill, and, if amendments are proposed by the committee, the words "with
amendments" shall follow the identifying number. For the purpose of
documentation, committees shall retain copies of committee reports and

Rule 6.35 is amended to read:

The sponsors) of the original bill(s) shall be shown by the committee
secretary as a co-sponsor of the substitute unless he notifies the committee
secretary in writing that he wishes to withdraw as a co-sponsor. If all
sponsors of the original bill request to withdraw as a co-sponsor, the
committee substitute shall not be delivered to or accepted by the Clerk
for introduction, unless another member consents to his designation as a
co-sponsor, and the original bill shall be reported "unfavorably" in
accordance with Rule 6.34.

Rule 6.42 is amended to read:
6.42-Committee Bills; Designation of Co-sponsors
A bill introduced by a committee shall be accompanied by a Committee
Information Record in the same manner as any other bill. A committee, in
reporting a committee bill, shall may designate a Member or Members as
co-sponsor(s) with the approval of said Member or Members. The bill will
be shown by the Clerk of the House as having been introduced by the
committee and the Member(s) so designated. If no Member consents to his
designation as a co-sponsor, the bill shall not be delivered to or accepted
by the Clerk for introduction.
Rule 6.45 is amended to read:
6.45-Temporary Presiding Officer
In the absence of the chairman of a subcommittee from a scheduled
meeting of the subcommittee, the chairman of the parent committee or
a member of the subcommittee designated by the chairman of the parent
committee shall serve the subcommittee shall designate one of its members
as the temporary presiding officer. The chairman of the parent committee
may delegate to the chairman of the subcommittee the authority to
appoint a member of the subcommittee as the temporary presiding
officer.
Rule 6.48 is amended to read:
6.48-Rules Binding on Subcommittees
Rules governing standing committees, as to notice of hearing, attendance
of subcommittee members, and requirements for the consideration of bills,
shall be binding upon subcommittees. Unless a bill shall have been referred
by the parent committee, either directly or through ratification of the
"reference by the chairman, the time requirements of Rule 6.29 shall apply
also in subcommittee.
Rule 6.57 is amended to read:
6.57-Conference Committee Membership; Procedures

(d) The chairman- or, in his absence, the vice chairman of any conference
committee shall give prior notice as soon as practicable of intention to
meet. A notice shall state the date, time and place of meeting and be posted
on the door of the committee managing the conference for the House at
least two hours prior to the time of the meeting.
Rule 6.62 is amended to read:
6.62-When Managers Are Unable to Agree
When any bill is referred to a conference committee is appointed in
reference to any bill and the House managers report inability to agree, no
action of the House taken prior to such appointment reference shall
preclude further action by the House as the House may determine.
Rule 6.63 is created to read:

9 OF REPRESENTATIVES 11

6.35-Where Delivered
Committee reports, either favorable or unfavorable, shall be delivered to
the Clerk of the House at a designated place in the office of the Clerk no
later than 12:00 noon 4:30 p.m of a legislative day. Reports delivered after
12:00 noon shall be considered delivered on the next legislative day. The
original bill(s) must accompany the report.
Rule 6.40 is amended to read:

12 JOURNAL OF THE HOUSE

6.63-Procedures for Claim Bills
(a) All claim bills referred to the Committee on Claims shall be assigned
to a House Special Master on Claims, who shall conduct a hearing in
accordance with the Rules of the House of Representatives.
(b) The Special Master shall provide notice of hearing at least ten (10)
days prior to hearing the claim bill.
(c) Discovery procedures shall be governed by the Florida Rules of Civil
Procedure.
(d) The Special Master shall administer an oath to all witnesses and
shall preserve a recording of the proceedings. A party requesting
transcription of the Special Master's hearing shall bear the costs thereof;
however, such recording shall not be transcribed for distribution to the
committee members except upon order of the Chairman of the Committee
on Claims.
(e) The Special Master shall prepare a final report, setting forth
findings of fact, conclusions of law, any collateral sources of recovery, and
the Special Master's recommendations based thereon, including a
reasonable claimant's attorney's fee, if appropriate.
(f) The final report of the Special Master shall be submitted to the
Committee on Claims.
(g) Any objections to the Special Master's final report shall be
submitted in writing to the-Committee on Claims prior to the committee
hearing.
(h) At the committee hearing, the parties or their attorneys may
present summaries and argument; however, no additional testimony or
other evidence will be considered, and stipulations entered into by the
parties will not be binding on the committee.
(i) The claimant, if represented by counsel, shall furnish the committee
with a verified statement of his fee arrangement including the actual
costs of perfecting the claim.
(j) Any claim currently in litigation shall be postponed for hearing
until such time as all other legal remedies have been exhausted, including
any appellate proceedings.
Rule 7.14 is amended to read:
7.14-Prefiled Bills; Reference; Notice; Proposed Committee Bills

(b)

Out of sosione roforoncos shall not b osubjoct to th rogqluiromonts of

Rule 6.29 relating t, tim eof consideration. Committees shall, after
consideration of profiled bills, report their actions promptly, in the manner
prescribed by Rule 6.34, except that the Committees on Appropriations
and on Finance & Taxation shall not be required to file any report during
the interim. Once received by the Clerk, a committee report on a profiled
bill shall not be subject to recall by the committee.
(c) Any profiled bill on which a committoo has not acted at the time of
the convening of the r .gular passion then shall bocomo oubjoct to tho
r uiromonts of Rule 6.29, th e time for consideration running from the day
of first-readtng
(c){d4 Before any committee holds a meeting for the purpose of
considering a profiled bill or proposed committee bill (PCB) during the
period when the Legislature is not in session, a notice of such meeting shall
be filed with the Clerk and the Sergeant at Arms no later than fourteen
calendar days before the Friday preceding the week of the meeting. The
committee secretary separately shall send copies of notice to the members
of the committee, the first named sponsor spensors of the bill and to such
other sponsors and persons who have requested notice. This notice shall
state the date, time and place of meeting, bill number, and sufficient title
for identification.

(d)(e) Prefiled bills shall, pursuant to the Constitution of Florida and the
Rules of the House, be given first reading either on the first day of a regular
session or as soon thereafter as possible. The Clerk shall publish in the
Journal the Speaker's reference of those bills.

I]

bills reenacting laws automatically repealed by law or statute, no
committee bill shall be accepted for filing by the Clerk of the House after
12:00 noon of the fourteenth day of session first Monday in February
unless accompanied by a certificate of urgent public need for introduction
signed by the committee chairman and approved by the Speaker.

E OF REPRESENTATIVES November 20, 1990

(e)(f) In the event a profiled bill had received reference to more than one
committee and less than all have considered the bill, the committee or
committees failing to report shall consider the bill during the regular
session.
(f)(g4 Notwithstanding the other sections of this Rule, any Member may,
no later than under the order of business of Motions Relating to Committee
References on the next legislative day following introduction of profiled
bills, move for reference to a different committee, which shall be decided
by a majority vote, or for withdrawal from any committee, which motion
shall be adopted by two-thirds vote.
(g){h All requirements for the referencing of bills to and the
consideration of bills by committees of the House shall be deemed to have
been met and discharged if the jurisdictional requirements of this Rule
have been complied with as to each of such bills.
Rule 7.16 is amended to read:
7.16-Fiscal Analysis of Bills Notes
All general bills affecting revenues, expenditures, or fiscal liability shall
be accompanied by a fiscal analysis note upon being reported favorably by
each committee, including the Committee on Appropriations or the
Committee on Finance & Taxation. Fiscal analyses notes shall state in
dollars the estimated increase or decrease in revenues or expenditures and
the present and future fiscal implications of the bill. A fiscal not shall
embrace the r. uirm. nts of Section' 11.075, F.S., relating to ` economic

A fiscal analysis Fiseal- nete shall be regarded as a memorandum of
factual information and may be included within the body of the bill
analysis which accompanies the bill, which analyses shall be their
eontents made available to Members through distribution in tho same
manner as printed bills. The A fiscal analysis portion of the bill analysis
note shall not express comment nor opinion relative to the merits of the
legislation proposed but should may point out technical or mechanical
defects.
Stf fr thCommittee on Appripriations or tho Committoe on Finance
& Taxation in cooperation with tho staff of tho Dcpartment of
Administration and of other appropriate agoncics, shall bo rosponsiblo for
preparing the fiscal not3. Insofar as practicable, the fiscal note shall bo
mad available to other committoos in instance of joint reference.
In the event of any bill of this nature being reported favorably by the
Committee on Appropriations or by the Committee on Finance & Taxation
without a fiscal analysis note having been prepared, it shall be the right
of any Member to raise a point of order on second reading and the Speaker
may, in his discretion, order return of the bill to the appropriate fiscal
committee.
A fiscal analysis note prepared for a House bill shall be presumed as
prepared also for its Senate companion.
Rule 7.17 is amended to read:
7.17-Filing Cut-off Dates
(a) No general bill or joint resolution originating in the House of
Representatives, except a general bill or joint resolution sponsored by a
standing committee, shall be given first reading unless filed with the Clerk
by 12:00 noon of the opening day of session of thc first Tusoday after tho
first Monday in March. N3 local bill shall bo givon first reading unloss filod
,,with tho Clrk by1 12:00 noon of tho firot day of tho regular ss. s ion. Befor
12:00 noon of tho occond Tucsday in January, thoro shall bo no limit on tho

(c) (4) Except for the general appropriations bill and matters properly
connected therewith, bills implementing the recommendations of
legislatively created study commissions, the judicial certification bill, and

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Rule 7.18 is amended to read:
7.18-Short Form Bills
A Member may introduce a short form bill, which suggests the need for
legislation in a specific field, in lieu of introducing a bill in general form
as required in Rule 7.2. Short form bills shall be introduced in an original
and seven si* copies prepared by the House Bill Drafting Service. Short
form bills shall be numbered in the same sequence as other items of
legislation and referred to appropriate committees by the Speaker. Such
bills shall not be subject to the same time limitations as other legislation
insofar as consideration by standing committees of the House is concerned.
A short form bill reported favorably by a standing committee shall be put
in final form and placed upon the Calendar only as a committee substitute.
The Member who introduced the short form bill shall be shown as a co-
sponsor of the substitute by the committee secretary unless the Member
notifies the secretary in writing that the Member wishes to withdraw as a
co-sponsor. If all sponsors of the short form bill request to withdraw as
a co-sponsor, the committee substitute shall not be delivered to or
accepted by the Clerk for introduction, unless another Member consents
to his designation as a co-sponsor, and the original short form bill shall
be reported "unfavorably" in accordance with Rule 6.34. Af provide4din
Rule 7.17, ohort form bills hall bo xompt from the ut off dato
roguircmcnto for the introduction of other bilkl.
Rule 8.2 is amended to read:
8.2-Daily Order of Business
The daily order of business shall be as follows:
1. Prayer
2. Roll Call
3. Pledge of Allegiance
4. Correction of the Journal
5. Communications
6. Messages from the Senate
7. Reports Report of standing committees
8. Reports Report of select committees
9. Bills and joint resolutions on third reading
10. Motions relating to committee references
11. Matters on reconsideration
12. Special Orders
13. Unfinished business
14. Bills and joint resolutions on second reading
15. House resolutions, concurrent resolutions and memorials on second
reading
16. Introduction and Reference

The order of business of Introduction and Reference of House bills and
other measures originating in tho Houso of Roprocontativoo may be
accomplished by publication in the Journal of their titles as prescribed by
Section 7 of Article III of the Constitution.

Rule 8.4 is amended to read:
8.4-Reference: Exception
All bills, whether House or Senate, shall be referred by the Speaker to
an appropriate committee except when the bill is being introduced by a
House committee whose jurisdiction embraces the subject of the bill or, if
a Senate bill, the House committee already has a companion bill on the
House Calendar. In such event, said bill shall be referred to the Calendar
or to the Committees on Appropriations or Finance & Taxation as provided
in Rule 8.8. If a bill is reported as a committee substitute which contains,
or with an amendment which contains, an issue which was not in the

original bill and such issue is within the jurisdiction of another
committee, the Speaker may refer the bill or committee substitute to the

other committee having jurisdiction over the additional subject and, if
given an additional reference, such bill or committee substitute shall be
considered by such committee prior to its consideration by the fiscal
committees. Reviser's bills received from the Senate shall be referred to the
Committee on Rules & Calendar.
Rule 8.6 is amended to read:
8.6-Reference of Local Bills
General bills of local application and those local bills which would
provide an exception to general law shall may be referred by the Speaker
to the committee having general jurisdiction over local bills and one other
substantive standing or select committee two standing or oselct
committees for procedural and substantive review.
Rule 8.7 is amended to read:
8.7-Reference to More Than One Committee
The Speaker shall not refer a bill to more than one standing committee,
other than the Committee on Rules & Calendar, notwithstanding the
provisions of Rule 8.3, unless directed otherwise by the House upon motion
adopted by majority vote or as required or authorized by Rules 8.4, 8.6, 8.8
or 8.9.
Rule 8.8 is amended to read:
8.8-Reference of Appropriations or Tax Measures
All bills carrying or affecting appropriations or mandating the
expenditure of funds by county or city governments shall, and except
claim bills may, shall be referred to the Committee on Appropriations, and
all bills affecting tax matters, whether state or local, shall be referred to
the Committee on Finance & Taxation. In addition such bills may be
referred to one other standing committee and, where appropriate, to the
committee having general jurisdiction over local bills, at the discretion of
the Speaker. The bill is referred to the standing committee previous to its
reference to the fiscal impact committees.

Rule 8.9 is amended to read:
8.9-Reference to Different Committee; Withdrawal from Committee

(b) The question of proper reference may be raised at any time by the
chairman of a committee claiming jurisdiction, and this shall be decided
by a majority vote of those voting.

Rule 8.16 is amended to read:
8.16-Special Order Calendar: Extended and Special Sessions

During any extended or special session, on Monday of each week there
shall be printed a Calendar of tho Houso Rules Committee setting forth a
list of the bills, by title, which have been approved by the committee of
final reference and placed in the Committee on Rules & Calendar as well
as those bills which, on the last day of the regular legislative session, were
removed from the Calendar and placed in the Committee on Rules &
Calendar, all in numerical order, and on each other legislative day a list
shall be provided to each Representative by the Clerk of the House
containing the numbers of all bills placed in the Committee on Rules &
Calendar.
Rule 11.1 is amended to read:
11.1-General Form; Manner of Consideration
Amendments shall be filed with the Clerk on forms supplied by the Clerk
and must be stored on the legislative computer in a format approved by
the Clerk. The sponsor of the amendment shall also file a printed copy
of each amendment with the Clerk. They shall be taken up only as
sponsors gain recognition from the Speaker to move their adoption, except
that the chairman of the committee (or in his absence, the vice chairman
or any member thereof) reporting the measure under consideration shall

have preference for the presentation of committee amendments. Unless
there be objection, committee amendments shall be adopted en bloc. For

13

November 20, 1990

JOURNAL OF THE HOUSE OF REPRESENTATIVES

the purpose of this rule, an An amendment shall be deemed pending only
after its proposer has been recognized by the Speaker and has moved its
adoption. No amendment, other than an amendment to an amendment,
or a technical amendment, shall be considered by the House unless a
printed copy of the amendment had been delivered to the Clerk prior to
the convening of the daily session at which the sponsor seeks to offer the
amendment unless, by a majority vote of the House, the time limitation
for filing the amendment has been waived.
Rule 11.10 is amended to read:
11.10-Senate Amendment to House Bill

(d) No House bill with Senate amendment shall be accepted by the Clerk
from the Senate unless the amendment be submitted typewritten in
triplicate.
Rule 12.1 is amended to read:
12.1-Decorum and Debate
When any Member desires to speak or deliver any matter to the House,
the Member shall rise and respectfully address the Speaker as "Mr.
Speaker;" or "Madam Speaker" and, on being recognized, may address the
House from the Member's desk or from the Well of the House- and shall
confine the address to the question under debate, avoiding personality.
During debate a Member shall not address or refer to another Member by
first name. In all such cases, a Member shall appropriately use the
appellation of "Mr.", "Gentleman", "Miss", "Ms.", "Mrs.", "Lady", or
"Representative."
Rule 13.6 is amended to read:
13.6-Advisory Opinions
A lobbyist, when in doubt about the applicability and interpretation of
Rule 13 these-Rules in a particular context, shall submit in writing the facts
for an advisory opinion to the Speaker, who shall refer the issue to a
committee designated by the Speaker to have responsibility for the ethical
conduct of lobbyists and may appear in person before said committee. This
committee shall render advisory opinions to any lobbyist who seeks advice
as to whether the facts in a particular case would constitute a violation of
such Rule by a lobbyist these Rules. Such opinion until amended or
revoked shall be binding in any subsequent complaint concerning the
lobbyist who sought the opinion and acted on it in good faith, unless
material facts were omitted or misstated in the request for advisory
opinion. The committee shall make sufficient deletions to prevent
disclosing the identity of persons in the decisions or opinions. All advisory
opinions of this committee shall be numbered, dated and published in the
Journal of the House.
Rule 15.1 is amended to read:
15.1-Interpretation of Rules
The rules of parliamentary procedure as provided and interpreted in
Mason's Manual of Legislative Procedure practice of the Housm of
Reprco+ntativo of tho United Statoo shall govern this House in all cases
in which they are applicable and in which they are not in conflict with the

or the presiding officer at the time, to interpret all Rules.
Rule 16 is created to read:
RULE SIXTEEN
House Seal
16.1-Configuration
There shall be an official seal of the House of Representatives. The seal
shall be 2-1/2 inches in diameter, having in the center thereof, a view of
the sun's rays over a highland in the distance, a sabal palmetto palm tree,
a steamboat on the water, and a Native American female scattering
flowers in the foreground, encircled by the words "House of
Representatives."

16.2-Use of the Seal
Unless a written exception is otherwise granted by the Speaker:

(a) Material carrying the official seal shall be used only by a Member,
officer, or employee of the House of Representatives or other persons
employed or retained by the House.
(b) The use, printing, publication, or manufacture of the seal, or items
or materials bearing the seal or a facsimile of the seal, shall be limited to
official business of the House or official legislative business and matters
properly within the scope of the responsibilities of the Member, officer,
or employee of the House.
(c) Any items or materials bearing the seal or a facsimile of the seal
which was in use or being displayed prior to November 20, 1990, shall not
be deemed a use outside official business or one's scope of responsibilities
as a Member, officer, or employee of the House.
16.3-Custodian
The Clerk shall be the custodian of the official seal.
-was read the first time by title. On motion by Rep. Healey, the
resolution was read a second time by title.
Representative Crady offered the following amendment:
Amendment 1-On page 24, line 3, strike "2-1/2 inches in diameter"
and insert: a circle
Rep. Crady moved the adoption of the amendment, which was adopted.
The question recurred on the adoption of HR 1-Org., as amended, which
was adopted.

Waiver of Rules for Filing Bills
On motion by Rep. Johnson, the rules were waived to allow committees
to file notice for the December 5-7 committee meetings no later than 12:00
noon, Friday, November 30.

Designation of Democratic Leadership
The Speaker announced the appointment of the following Members to
House leadership positions: Rep. Bo Johnson, Chairman, Rules &
Calendar; Rep. George Crady, Parliamentarian; Rep. Walt Young,
Chairman, House Administration; Rep. Ron Saunders, Chairman,
Appropriations; Rep. Fred Lippman, Majority Leader; Rep. Mike Abrams,
Chairman, Finance & Taxation.

Designation of Deans of the House
The Speaker announced the designation of Rep. C. F. Jones as Dean of
Men of the House, and of Rep. Elaine Gordon as Dean of Women of the
House.

Remarks by Minority Leader
The Speaker recognized Rep. James Lombard, Minority Leader, who
addressed the House as follows:
Thank you, Mr. Speaker. I'd like to make some remarks first, please, Sir,
if I may.
It is an honor and a pleasure to serve as Republican Leader with you in
this House, to work together to meet and defeat the challenges we face on
behalf of the citizens of our State. We are all aware that we must overcome
formidable obstacles, many of them imposed by the recent recession
budget in Washington, that we need to work together to solve, Senate and
Governor as well as House. The Republican Caucus stands ready to help
make this process work as well as, I know, that you, Mr. Speaker, and we
all, want it to be. We shall differ on the route that we may take, from time
to time, but there's no doubt that we share the goal of a better life for all
Floridians. We all will miss our former colleagues as well as welcome our
freshman Members today. However, I would like to especially mention a
close and dear, respected friend who is no longer in this House, the
Honorable John Renke of Pasco County, my predecessor as leader of the
Republican Party. I know that all of us, Democrats and Republicans, will
miss John in the years ahead.

Mr. Speaker, God bless you and all of us as we go forward on what has
to be a glorious and joyful endeavor. Thank you.

November 20, 1990

14

November 20, 1990 JOURNAL OF THE HOUSE OF REPRESENTATIVES

Republican Leadership Recognition of Lieutenant Gover:
Rep. Lombard announced the appointment of the following Members to The Speaker recognized the Lieutena
Republican leadership positions: Rep. James Lombard, Minority Leader; Bobby Brantley, former Member of th
Rep. Sandra Mortham, Minority Leader pro tempore; Rep. Dennis Jones,
Minority Caucus Chairman; Rep. Marian Lewis, Minority Caucus Vice nnounc
Chairman; Rep. Dixie Sansom, Floor Leader; Representatives Stan The Speaker announced that a Spec
Bainter, Tom Banjanin, Mario Diaz-Balart and Joseph Arnall, Assistant afternoon at 2:00 p.m.
Floor Leaders; Rep. James Hill, Chairman, Policy Committee; Rep. Sandy Rep. Johnson moved that, after the b
Safley, Vice Chairman, Policy Committee; Representatives Carol Hanson, die.
Mary Ellen Hawkins, Debby Sanderson, Bruce Hoffmann and Luis Rojas,
Subcommittee Chairmen; Rep. Jeff Huenink, Chairman, Campaign Benediction
Committee; Representatives Frank Stone and Al Gutman, Vice Chairmen, Rep. Reddick gave the following ben
Campaign Committee; Rep. Sandra Mortham, Chairman, ,
Our Father of all of us, we ask Thy
Reapportionment Committee; Rep. James King, Vice Chairman, state a o all peoe ta we e
Reapportionment Committee; Rep. Daniel Webster, Chairman,
Congressional Subcommittee; Rep. Bruce McEwan, Chairman, House Adjournment
Subcommittee; Rep. Chance Irvine, Chairman, Senate Subcommittee.
Pursuant to the previous motion
On motion by Rep. Johnson, the rules were waived and all organizational Representatives, having completed its
remarks were ordered spread upon the Journal. p.m., sine die.

15

nor
nt Governor of the State of Florida,
e House.

ial Session would be convened this

)enediction, the House adjourn sine

Lediction:
blessing on this Chamber, on our
present. Amen.

by Rep. Johnson, the House of
Organization, adjourned at 12:29

CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1 through
15, 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 the Organization Session of the Seventy-fifth House since
Statehood in 1845, convened under the Constitution, held November 20,
1990.

Clerk of the House
Tallahassee, Florida
November 20, 1990

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