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Page i November 1990 Tuesday, November 20 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Index Contents Page 17 Bills Sponsored in "A" Session Page 18 Page 19 Miscellaneous Subjects Page 20 Vetoed Bills Page 21 Subject Index of House and Senate Bills, Resolutions, and Memorials Page 22 Page 23 Page 24 House Bills, Resolutions, and Memorials by Number, Subject, Sponsor, and Disposition Page 25 |
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Journals of the Florida House of Representatives Organization Session November 20, 1990 and Special Session November 20, 1990 of the Seventy-fifth House since Statehood in 1845 [Including a record of transmittal of Acts subsequent to sine die adjournment] "A" The JournalOF THE House of Representatives FIRST SPECIAL SESSION-"A" of 1990-1992 Number 1 Tuesday, November 20, 1990 Journal of the House of Representatives for a Special Session of the Seventy-fifth House since Statehood in 1845, convened by Proclamation of the President of the Senate and the Speaker of the House of Representatives and held at the Capitol in the City of Tallahassee in the State of Florida, on Tuesday, November 20, 1990. The House was called to order by the Honorable T.K. Wetherell, Speaker, at 2:00 p.m. Prayer The following prayer was offered by Representative Crady: Our Father, Who art in heaven, give us the realization of the enormous task that we have before us today in a special session of the House of Representatives of the State of Florida. Give us each the courage to do that which is right, not only in Your eyes, but in the eyes of the State. We hope that the ethics package that we pass today will be meaningful legislation for all of us. Bless each and every one of us as we do Thy works. We ask these things in Thy name. Amen. The following Members were recorded present: 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 Excused: Representative Geller. A quorum was present. 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 The following proclamation was read: THE FLORIDA LEGISLATURE JOINT PROCLAMATION TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE AND THE FLORIDA HOUSE OF REPRESENTATIVES: We, Gwen Margolis, President of the Florida Senate, and T.K. Wetherell, Speaker of the Florida House of Representatives, by virtue of the authority vested in us by Article III, Section 3(c), Florida Constitution, and Section 11.011, Florida Statutes, do hereby proclaim: 1. That the Legislature of the State of Florida is convened in Special Session pursuant to Article III, Section 3(c), Florida Constitution, and Section 11.011, Florida Statutes, at the Capitol in Tallahassee, Florida at 2:00 p.m., on Tuesday, the 20th day of November, 1990, for a period of 1 day, ending at 11:59 p.m., Tuesday, November 20, 1990. 2. That the Legislature is convened for the sole and exclusive purpose of consideration of legislation relating to: Prohibition and reporting of gifts to public officers and employees. GWEN MARGOLIS T.K. WETHERELL President Speaker The Florida Senate The Florida House of Representatives November 20, 1990 November 20, 1990 Duly filed with and received by the Florida Department of State this 20th day of November, 1990 by: BEVERLY B. BURNSED Assistant Secretary of State for the Secretary of State Pledge The Members pledged allegiance to the Flag. House Physician The Speaker introduced Dr. Jim White, Ormond Beach, who was serving in the Clinic today upon invitation of the Speaker. 1 A digest of today's Chamber action appears on last page TLA ii 2 JOURNAL OF THE HOUSE Select Committee Appointment The Speaker announced the appointment of the following Members, under Rule 6.3, to the Select Committee on Rules & Calender: Representative Johnson, Chairman; Representatives Arnold, Ascherl, Bloom, Crady, Jamerson, Kelly, Lippman, Long, Mackey, Ostrau, Saunders, Simon, Wallace, Hanson, Holland, Huenink, Mortham, McEwan, Safley and Valdes. On motion by Representative Johnson, the Select Committee was clothed with the powers of a standing committee. Introduction and Reference By Representatives Albright, Graham- HJR 1-A-A joint resolution proposing the creation of Section 19 of Article III, Section 7 of Article VIII, and Section 20 of Article XII and the amendment of Section 5 of Article IV and Section 4 of Article IX of the State Constitution relating to terms of legislators, members of the Cabinet, members of county and municipal governing boards, mayors, and school board members. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Albright- HB 3-A-A bill to be entitled An act relating to workers' compensation; amending s. 440.02, F.S.; defining "employee"; specifying persons who may elect to be exempt from coverage; limiting recovery in certain actions by such exempt persons; providing an effective date. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Long- HB 5-A-A bill to be entitled An act relating to workers' compensation; amending s. 440.02, F.S.; defining "employee"; providing an effective date. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Morse- HB 7-A-A bill to be entitled An act relating to physician assistants; providing legislative intent; reenacting s. 458.347(7)(b), (f), F.S.; increasing the maximum physician assistant certification renewal fee; requiring review of certain certification prior to renewal; specifying alternative certification requirements; providing an application fee; providing for future repeal and review pursuant to the Regulatory Sunset Act; providing an effective date. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Lawson- HB 9-A-A bill to be entitled An act relating to ethics in government; amending s. 112.312, F.S.; defining "gift" and "relative" for purposes of the code of ethics and constitutional financial disclosure; amending s. 112.3135, F.S.; limiting applicability of a definition of "relative"; amending s. 112.3145, F.S.; deleting a provision relating to disclosure of gifts; amending s. 112.3146, F.S.; providing that certain statements are public records; amending s. 112.3147, F.S.; specifying forms to be used for certain disclosures; correcting language and cross references; amending s. 112.3148, F.S.; providing definitions; prohibiting certain gifts to persons required to file financial disclosure; requiring reporting of certain other gifts; requiring lobbyists to provide certain statements to recipients of gifts; providing penalties; creating s. 112.3149, F.S.; providing definitions; prohibiting persons required to file financial disclosure from soliciting or accepting certain honoraria; requiring reporting of certain honoraria and related expenses; reenacting s. 112.317, F.S., relating to penalties; amending s. 112.3185, F.S.; specifying applicable definition of "relative"; amending ss. 20.171, 121.24, and 337.185, F.S.; deleting references to "honorarium"; amending ss. 189.412, 343.73, and 348.0003, F.S.; specifying applicability of provisions relating to gifts and honoraria; amending s. 106.07, F.S.; correcting a cross reference; providing an effective date. I E OF REPRESENTATIVES November 20, 1990 Placed in the Select Committee on Rules & Calendar. By Representatives Bainter, C. F. Jones- HB 11-A-A bill to be entitled An act relating to public education capital outlay appropriations; eliminating the requirement that moneys appropriated under Item 2170 of ch. 90-209, Laws of Florida, from the Public Education Capital Outlay and Debt Service Trust Fund for specified vocational-technical facilities must be matched in specified percentages by the respective school districts and noneducational entities; providing an effective date. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Cosgrove- HR 13-A-A resolution commemorating the 75th Anniversary of the Greater Homestead/Florida City Chamber of Commerce. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Cosgrove- HR 15-A-A resolution recognizing the creation of the Greater South Dade/South Miami Chamber of Commerce. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representatives Mackey, C. Smith, Flagg- HB 17-A-A bill to be entitled An act relating to unfair pricing and marketing practices; creating s. 501.214, F.S.; providing legislative findings and declarations with respect to price-gouging; creating s. 501.215, F.S.; providing definitions; creating s. 501.216, F.S.; prohibiting price-gouging and providing that such action is a violation of the Florida Deceptive and Unfair Trade Practices Act; creating s. 501.217, F.S.; providing regulations with respect to local emergencies; amending ss. 526.304, 526.305, 526.307, 526.308, and 526.312, F.S.; revising the Motor Fuel Marketing Practices Act; revising language to include reference to relevant geographic markets; providing for additional unfair practices which are unlawful; revising language with respect to unlawful rebates; providing for injunctive relief under certain circumstances; providing an effective date. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Kelly- HB 19-A-A bill to be entitled An act relating to public education capital outlay appropriations; eliminating the requirement that moneys appropriated under Item 2170 of ch. 90-209, Laws of Florida, from the Public Education Capital Outlay and Debt Service Trust Fund for specified vocational-technical facilities must be matched in specified percentages by the respective school districts and noneducational entities; providing an effective date. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Glickman- HB 21-A-A bill to be entitled An act relating to criminal offenses; amending s. 316.193, F.S.; providing that driving with a specified breath alcohol level constitutes driving under the influence; providing minimum fines; requiring certain notice to the defendant; amending s. 316.1932, F.S.; specifying the basis for determining the percent of alcohol in blood or breath; expanding implied consent for blood tests; specifying persons who may withdraw blood for blood test purposes; providing for release of breath test information; amending s. 316.1933, F.S.; specifying persons who may withdraw blood; amending s. 316.1934, F.S.; defining "normal faculties"; providing admissibility of breath tests; specifying presumptions relating to impairment; providing that the length of time elapsing between the arrest and the test shall not be considered in determining admissibility of the test; providing for admissibility of an affidavit containing the results of a blood or breath test in specified circumstances; creating s. 316.1939, F.S.; providing for seizure and forfeiture of vehicles involved in certain cases of JOURNAL OF THE HOUSE] driving under the influence; providing exceptions; amending s. 327.35, F.S.; providing that operating a vessel with a specified breath alcohol level constitutes operating a vessel under the influence; requiring certain notice to the defendant; providing for seizure and forfeiture of vessels involved in certain cases of operating a vessel under the influence; amending s. 327.352, F.S., relating to tests for impairment or intoxication with respect to operating a vessel under the influence, to conform; amending s. 327.354, F.S.; providing admissibility of breath tests; specifying presumptions relating to impairment; specifying the basis for determining the percent of alcohol in blood or breath; amending ss. 316.656, 322.291, and 327.36, F.S., to conform; reenacting ss. 322.03(1)(b), 322.264, 322.271(2)(a), 322.28(2)(a) and (e) and (5)(a), 322.282(2)(a), 327.351(1) and (2), 327.3521(1) and (2), and 327.353, F.S., relating to accident reports, driver's licenses, and operation of a vessel while intoxicated, to incorporate the amendments to ss. 316.193, 316.1932, 316.1933, 316.1934, and 327.35, F.S., in references thereto; amending s. 90.803, F.S.; providing for admissibility of an affidavit containing the results of a blood or breath test notwithstanding the hearsay rule; amending s. 316.062, F.S.; providing that the duty of a person to give information regarding an accident to a law enforcement officer does not extend to information that would incriminate the person; amending ss. 316.066 and 324.051, F.S.; providing circumstances under which a law enforcement officer may testify as to statements made to him relating to accidents; providing an effective date. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Simon- HB 23-A-A bill to be entitled An act relating to international affairs; reenacting s. 288.801, F.S., relating to legislative findings and intent; reenacting s. 288.802, F.S., relating to the principal international affairs officer of the state; reenacting s. 288.803, F.S., relating to creation of the Florida International Affairs Commission; reenacting s. 288.804, F.S., relating to duties of the commission; reenacting s. 288.805, F.S., relating to the strategic plan for international economic development; reenacting s. 288.806, F.S., relating to international business promotion grants; reenacting s. 288.807, F.S., relating to biennial reports; reenacting s. 288.808, F.S., relating to the Florida International Affairs Commission Trust Fund; reenacting s. 288.809, F.S., relating to the Florida International Affairs Foundation; reenacting s. 288.810, F.S., relating to the executive director of the commission; reenacting s. 288.811, F.S., relating to the Florida International Trade and Investment Council; reenacting s. 288.812, F.S., relating to the Florida International Tourism Advisory Council; reenacting s. 288.813, F.S., relating to the Agricultural Advisory Council of the Department of Agriculture and Consumer Services; reenacting s. 288.814, F.S., relating to the Florida International Council; reenacting s. 288.815, F.S., relating to international research; reenacting s. 288.816, F.S., relating to intergovernmental relations; reenacting s. 229.6054, F.S., relating to international education; reenacting s. 288.817, F.S., relating to international education liaison; reenacting s. 76(2) and (3), ch. 90-201, Laws of Florida, relating to feasibility studies conducted by the Board of Regents; reenacting s. 229.6053(1) and (3)(a) and (b), F.S., relating to the Florida Commission on International Education; reenacting s. 240.137, F.S., relating to linkage institutes between postsecondary institutions of Florida and foreign countries; reenacting s. 288.818, F.S., relating to the International Language Institute Advisory Council; reenacting s. 228.086(1) and (4)(e) and (g), F.S., relating to regional centers of excellence; reenacting s. 229.59(1), F.S., relating to educational improvement projects; reenacting s. 229.6056, F.S., relating to education outreach activities; reenacting s. 240.145(1), F.S., relating to the Postsecondary Education Planning Commission; reenacting s. 240.147(2), F.S., relating to duties of the commission; reenacting s. 187.201(1)(b), F.S., relating to educational policies of the State Comprehensive Plan; reenacting s. 229.6051, F.S., relating to cooperation of educational agencies with the Florida International Affairs Commission; reenacting s. 15.18, F.S., relating to international and cultural relations; reenacting s. 88, ch. 90-201, Laws of Florida, relating to duties of the Department of State; reenacting s. 89, ch. 90-201, Laws of Florida, relating to future repeal of ss. 15.185 and 15.20, F.S.; reenacting s. 288.819, F.S., relating to the Florida International Banking Advisory Council; reenacting s. 20.17(2)(c) and (4), F.S., relating to the Department of Commerce; reenacting and amending s. 92, ch. 90-201, Laws of Florida, relating to appointments to the Economic November 20, 1990 of liability; reenacting s. 440.12(1), F.S., relating to commencement of compensation; reenacting s. 440.13, F.S., relating to medicalservices and supplies; reenacting s. 440.135, F.S., relating to pilot programs for medical and remedial care; reenacting s. 440.15, F.S., relating to compensation for disability; reenacting s. 440.16(1)(b), F.S., relating to compensation for E OF REPRESENTATIVES 3 Development Advisory Council; correcting a cross reference; reenacting s. 288.025, F.S., relating to the Division of International Trade and Development of the Department of Commerce; reenacting s. 288.03, F.S., relating to the Division of Economic Development of the Department of Commerce; reenacting s. 288.115, F.S., relating to expenses of the Department of Commerce; reenacting s. 288.118(1), F.S., relating to the export finance officer of the Division of International Trade and Development; reenacting s. 601.15(10)(h), F.S., relating to citrus marketing; reenacting and amending ss. 98-100, ch. 90-201, Laws of Florida, relating to future repeals; correcting cross references; reenacting and amending s. 288.820, F.S., relating to implementation of specified provisions; clarifying a cross reference; reenacting s. 288.8041, F.S., relating to duties of the Florida International Affairs Commission; reenacting s. 288.8032, F.S., relating to organization of the commission; reenacting s. 288.760, F.S., relating to export finance; reenacting s. 288.821, F.S., relating to the Florida International Tourism Promotion Council; reenacting and amending s. 288.822, F.S., relating to operation of foreign offices; correcting a cross reference; reenacting s. 288.823, F.S., relating to the Florida Council of International Economic Advisors; reenacting s. 108, ch. 90-201, Laws of Florida, relating to amendment of s. 288.117, F.S., relating to international currency and barter exchanges; reenacting s. 109, ch. 90-201, Laws of Florida, relating to amendment of s. 288.121, F.S., relating to the Division of Tourism of the Department of Commerce; reenacting s. 288.824, F.S., relating to powers of the Governor; reenacting s. 288.825, F.S., relating to reports to the Florida International Affairs Commission; reenacting and amending s. 112, ch. 90-201, Laws of Florida, relating to future repeals; correcting cross references; reenacting s. 288.123(1) and (2), F.S., relating to the Tourism Advisory Council; reenacting s. 288.826, F.S., relating to the Florida International Trade and Promotion Trust Fund; providing for review and repeal of ss. 288.821 and 288.823, F.S.; reenacting s. 120, ch. 90- 201, Laws of Florida, relating to severability; providing a retroactive effective date. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Lippman- HB 25-A-A bill to be entitled An act relating to leaves of absence to public officials and employees for active military service; amending s. 115.09, F.S.; deleting the prohibition against pay beyond the first 30 days of leaves of absence; amending s. 115.14, F.S.; providing for and granting the employing authority the discretion to supplement the military pay of officials and employees who are reservists called to active military service for a period of 180 days; providing an effective date. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Simon- HB 27-A-A bill to be entitled An act relating to workers' compensation; reenacting s. 20.13(4), F.S., relating to the Division of Insurance Fraud of the Department of Insurance; reenacting s. 20.171(2), (3), and (5), F.S., relating to the Department of Labor and Employment Security and the Industrial Relations Commission; reenacting s. 4, ch. 90- 201, Laws of Florida, relating to a petition to the Supreme Court for adoption of rules; reenacting s. 442.20, F.S., relating to workplace safety; reenacting s. 7, ch. 90-201, Laws of Florida, relating to an appropriation; reenacting s. 440.015, F.S., relating to construction of the Workers' Compensation Law; reenacting s. 440.02, F.S., relating to definitions; reenacting s. 440.055, F.S., relating to employer affidavits; reenacting s. 440.09, F.S., relating to coverage; reenacting s. 440.092, F.S., relating to recreational and social activities, going to or coming from work, deviation from employment, traveling employees, and subsequent intervening accidents; reenacting s. 440.10, F.S., relating to liability for compensation; reenacting s. 440.101, F.S., relating to legislative intent with respect to drug-free workplaces; reenacting s. 440.102, F.S., relating to drug-free workplace programs; reenacting s. 440.11(1), F.S., relating to exclusiveness JOURNAL OF THE HOUSE OF REPRESENTATIVES death; reenacting s. 440.185(4), F.S., relating to informational brochures; reenacting s. 440.19(1), F.S., relating to time and procedure for filing claims; reenacting s. 440.20(9) and (12), F.S., relating to payment of compensation; reenacting s. 440.25(3) and (4), F.S., relating to procedures for hearings and appeals; reenacting s. 26, ch. 90-201, Laws of Florida, relating to the repeal of s. 440.26, F.S., relating to presumptions; reenacting s. 440.271, F.S., relating to appellate review of orders of judges of compensation claims; reenacting s. 440.272, F.S., relating to appellate review of orders of the Industrial Relations Commission; reenacting s. 440.34(2), (3), (5), and (7), F.S., relating to attorney's fees and costs; reenacting s. 440.37(4), F.S., relating to penalties for misrepresentation and fraud; reenacting s. 440.38(1), (3), and (5), F.S., relating to security for compensation; reenacting s. 440.381, F.S., relating to applications for coverage and payroll reporting and auditing; reenacting s. 440.385, F.S., relating to the Florida Self-Insurers Guaranty Association; reenacting s. 440.386, F.S., relating to insolvency; reenacting s. 440.39(3)(a), F.S., relating to third-party liability; reenacting s. 440.43, F.S., relating to penalties for failure to secure payment of compensation; reenacting s. 37, ch. 90-201; Laws of Florida, relating to the repeal of s. 440.44(8) and (10), F.S., relating to an advisory council and the Workers' Compensation Oversight Board; reenacting s. 440.4415, F.S., relating to the Workers' Compensation Oversight Board; reenacting s. 440.45(1) and (2), F.S., relating to judges of compensation claims; reenacting s. 440.49, F.S., relating to rehabilitation of injured employees and the Special Disability Trust Fund; reenacting s. 440.52, F.S., relating to registration of insurance carriers; reenacting s. 440.56(6), F.S., relating to penalties for violation of safety rules; reenacting s. 440.572, F.S., relating to authorization of individual self-insurers to provide coverage; reenacting s. 440.575(1)(c), F.S., relating to local government pools; reenacting s. 440.59, F.S., relating to risk management reports; reenacting s. 440.591, F.S., relating to rulemaking authority; reenacting ss. 489.114 and 489.510, F.S., relating to evidence of coverage of contractors; reenacting s. 626.611(15), F.S., relating to fraudulent and dishonest practices; reenacting s. 626.869(5), F.S., relating to workers' compensation insurance adjuster course requirements; reenacting s. 627.0915, F.S., relating to rate filings; reenacting s. 627.1615, F.S., relating to discrimination against certain applicants for coverage; reenacting s. 627.162, F.S., relating to installment payment of premiums; reenacting ss. 54-58, ch. 90-201, Laws of Florida, relating to the Joint Select Committee on Workers' Compensation, alternative methods of compliance with the act, rate reductions, and future review and repeal; reenacting ss. 115-120, ch. 90-201, Laws of Florida, relating to appropriations and severability; providing a retroactive effective date. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representative Simon- HB 29-A-A bill to be entitled An act relating to workers' compensation; reenacting and amending s. 440.02, F.S.; defining "employee"; reenacting and amending s. 440.13, F.S.; defining "medicines"; reenacting and amending s. 440.15, F.S.; correcting a cross reference; reenacting and amending s. 20.171, F.S.; providing for nomination of members of the Industrial Relations Commission; providing an effective date. Placed in the Select Committee on Rules & Calendar, the Speaker having ruled the measure was outside the purview of the Call. By Representatives Kelly, B. L. Johnson, Lippman, Saunders, Arnold, Ostrau, Glickman, Trammell, Hanson, Hafner, Clemons, Bloom, Daryl Jones, Long, Jamerson, Stafford, Grindle, Feeney, Hawkins, Tobin, Rayson, Chinoy, Mishkin, Chestnut, Flagg, Mackey, Boyd, Reddick, Rush, Sindler, Roberts, Goode, Sansom, Stone-- HB 31-A-A bill to be entitled An act relating to ethics in government; amending s. 11.045, F.S.; revising provisions relating to registration of lobbyists; providing for registration of lobbyists with each house of the Legislature; requiring each house to adopt certain rules; providing penalties; amending s. 112.312, F.S.; defining "gift" and "relative" for purposes of the code of ethics and constitutional financial disclosure; reenacting s. 112.313(4), F.S., relating to prohibition of unauthorized compensation; amending s. 112.3135, F.S.; limiting applicability of a definition of "relative"; amending s. 112.3145, F.S.; expanding definition of "specified state employee"; deleting a provision relating to disclosure of gifts; amending s. 112.3146, F.S.; providing that certain statements are public records; amending s. 112.3147, F.S.; specifying forms to be used for certain disclosures; amending s. 112.3148, F.S.; providing definitions; prohibiting solicitation or acceptance of certain gifts and other items by persons required to file financial disclosure and certain other state employees; requiring reporting of certain other gifts; prohibiting the giving of certain gifts; requiring certain statements to recipients of gifts; requiring reports; providing for the valuation of gifts; providing penalties; providing for advisory opinions; creating s. 112.3149, F.S.; providing definitions; prohibiting persons required to file financial disclosure and certain other state employees from soliciting or accepting certain honoraria; prohibiting the giving of certain honoraria; requiring reporting of certain honoraria and related expenses; providing penalties; providing for advisory opinions; reenacting s. 112.317, F.S., relating to penalties; amending s. 112.3185, F.S.; specifying applicable definition of "relative"; amending ss. 20.171, 121.24, and 337.185, F.S.; deleting references to "honorarium"; amending ss. 189.412, 343.73, and 348.0003, F.S.; specifying applicability of provisions relating to gifts and honoraria; amending s. 106.07, F.S.; correcting a cross reference; requiring the Joint Legislative Management Committee to adopt a code of conduct for lobbyists; providing applicability; providing an effective date. -was read the first time by title. On motion by Rep. Johnson, the rules were waived by two-thirds vote and HB 31-A was read the second time by title. On motion by Reps. Johnson and Lombard, the rules were waived by two-thirds vote and the bill was read the third time by title. On passage, the vote was: Yeas-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 Nays-None 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 So the bill passed and was immediately certified to the Senate. Rep. Kelly thanked the staff and members of the Committee on Ethics & Elections and the Joint Advisory Committee on Ethics. Rep. Simon moved that HB 23-A be admitted for introduction, the Speaker having ruled the measure was outside the purview of the Call. The vote was: Yeas-111 The Chair Abrams Bainter Banjanin 4 November 20, 1990 Albright Arnall Arnold Ascherl JOURNAL OF THE HOUSE OF REPRESENTATIVES Bloom Boyd Brennan Bronson Brown Burke Carpenter Chestnut Chinoy Clark Clemons Corr Cosgrove Crady De Grandy Deutsch Diaz-Balart Feeney Figg Flagg Foley Friedman Garcia Glickman Goode Gordon Nays-4 Hargrett Graber Graham Grindle Guber Gutman Hafner Hanson Harden Harris Hawkes Hawkins Healey Hill Hoffmann Holland Huenink Ireland Irvine Jamerson Jennings Johnson Jones, C. F. Jones, Daryl Jones, Dennis Kelly Langton King Laurent Lawson Lewis Liberti Lippman Logan Lombard Long Mackenzie Mackey McEwan Mims Mishkin Mitchell Morse Mortham Muscarella Ostrau Peeples Press Pruitt Reaves Reddick Ritchie Roberts Rojas Martinez Rudd Rush Safley Sanderson Sansom Saunders Sembler Simon Simone Sindler Smith, C. Smith, K. Stafford Starks Stone Thomas Tobiassen Tobin Trammell Valdes Viscusi Wallace Webster Wise Young Silver The motion was agreed to by the required constitutional two-thirds vote and- HB 23-A-A bill to be entitled An act relating to international affairs; reenacting s. 288.801, F.S., relating to legislative findings and intent; reenacting s. 288.802, F.S., relating to the principal international affairs officer of the state; reenacting s. 288.803, F.S., relating to creation of the Florida International Affairs Commission; reenacting s. 288.804, F.S., relating to duties of the commission; reenacting s. 288.805, F.S., relating to the strategic plan for international economic development; reenacting s. 288.806, F.S., relating to international business promotion grants; reenacting s. 288.807, F.S., relating to biennial reports; reenacting s. 288.808, F.S., relating to the Florida International Affairs Commission Trust Fund; reenacting s. 288.809, F.S., relating to the Florida International Affairs Foundation; reenacting s. 288.810, F.S., relating to the executive director of the commission; reenacting s. 288.811, F.S., relating to the Florida International Trade and Investment Council; reenacting s. 288.812, F.S., relating to the Florida International Tourism Advisory Council; reenacting s. 288.813, F.S., relating to the Agricultural Advisory Council of the Department of Agriculture and Consumer Services; reenacting s. 288.814, F.S., relating to the Florida International Council; reenacting s. 288.815, F.S., relating to international research; reenacting s. 288.816, F.S., relating to intergovernmental relations; reenacting s. 229.6054, F.S., relating to international education; reenacting s. 288.817, F.S., relating to international education liaison; reenacting s. 76(2) and (3), ch. 90-201, Laws of Florida, relating to feasibility studies conducted by the Board of Regents; reenacting s. 229.6053(1) and (3)(a) and (b), F.S., relating to the Florida Commission on International Education; reenacting s. 240.137, F.S., relating to linkage institutes between postsecondary institutions of Florida and foreign countries; reenacting s. 288.818, F.S., relating to the International Language Institute Advisory Council; reenacting s. 228.086(1) and (4)(e) and (g), F.S., relating to regional centers of excellence; reenacting s. 229.59(1), F.S., relating to educational improvement projects; reenacting s. 229.6056, F.S., relating to education outreach activities; reenacting s. 240.145(1), F.S., relating to the Postsecondary Education Planning Commission; reenacting s. 240.147(2), F.S., relating to duties of the commission; reenacting s. 187.201(1)(b), F.S., relating to educational policies of the State Comprehensive Plan; reenacting s. 229.6051, F.S., relating to cooperation of educational agencies with the Florida International Affairs Commission; reenacting s. 15.18, F.S., relating to international and cultural relations; reenacting s. 88, ch. 90-201, Laws of Florida, relating to duties of the Department of State; reenacting s. 89, ch. 90-201, Laws of Florida, relating to future repeal of ss. 15.185 and 15.20, F.S.; reenacting s. 288.819, F.S., relating to the Florida International Banking Advisory Council; reenacting s. 20.17(2)(c) and (4), F.S., relating to the Department of Commerce; reenacting and amending s. 92, ch. 90-201, Laws of Florida, relating to appointments to the Economic Development Advisory Council; correcting a cross reference; reenacting s. 288.025, F.S., relating to the Division of International Trade and Development of the Department of Commerce; reenacting s. 288.03, F.S., relating to the Division of Economic Development of the Department of Commerce; reenacting s. 288.115, F.S., relating to expenses of the Department of Commerce; reenacting s. 288.118(1), F.S., relating to the export finance officer of the Division of International Trade and Development; reenacting s. 601.15(10)(h), F.S., relating to citrus marketing; reenacting and amending ss. 98-100, ch. 90-201, Laws of Florida, relating to future repeals; correcting cross references; reenacting and amending s. 288.820, F.S., relating to implementation of specified provisions; clarifying a cross reference; reenacting s. 288.8041, F.S., relating to duties of the Florida International Affairs Commission; reenacting s. 288.8032, F.S., relating to organization of the commission; reenacting s. 288.760, F.S., relating to export finance; reenacting s. 288.821, F.S., relating to the Florida International Tourism Promotion Council; reenacting and amending s. 288.822, F.S., relating to operation of foreign offices; correcting a cross reference; reenacting s. 288.823, F.S., relating to the Florida Council of International Economic Advisors; reenacting s. 108, ch. 90-201, Laws of Florida, relating to amendment of s. 288.117, F.S., relating to international currency and barter exchanges; reenacting s. 109, ch. 90-201, Laws of Florida, relating to amendment of s. 288.121, F.S., relating to the Division of Tourism of the Department of Commerce; reenacting s. 288.824, F.S., relating to powers of the Governor; reenacting s. 288.825, F.S., relating to reports to the Florida International Affairs Commission; reenacting and amending s. 112, ch. 90-201, Laws of Florida, relating to future repeals; correcting cross references; reenacting s. 288.123(1) and (2), F.S., relating to the Tourism Advisory Council; reenacting s. 288.826, F.S., relating to the Florida International Trade and Promotion Trust Fund; providing for review and repeal of ss. 288.821 and 288.823, F.S.; reenacting s. 120, ch. 90- 201, Laws of Florida, relating to severability; providing a retroactive effective date. -was read the first time by title and referred to the Select Committee on Rules & Calendar. Rep. Simon moved that HB 27-A be admitted for introduction, the Speaker having ruled the measure was outside the purview of the Call. The motion was agreed to by the required constitutional two-thirds vote and- HB 27-A-A bill to be entitled An act relating to workers' compensation; reenacting s. 20.13(4), F.S., relating to the Division of Insurance Fraud of the Department of Insurance; reenacting s. 20.171(2), (3), and (5), F.S., relating to the Department of Labor and Employment Security and the Industrial Relations Commission; reenacting s. 4, ch. 90- 201, Laws of Florida, relating to a petition to the Supreme Court for adoption of rules; reenacting s. 442.20, F.S., relating to workplace safety; reenacting s. 7, ch. 90-201, Laws of Florida, relating to an appropriation; reenacting s. 440.015, F.S., relating to construction of the Workers' Compensation Law; reenacting s. 440.02, F.S., relating to definitions; reenacting s. 440.055, F.S., relating to employer affidavits; reenacting s. 440.09, F.S., relating to coverage; reenacting s. 440.092, F.S., relating to recreational and social activities, going to or coming from work, deviation from employment, traveling employees, and subsequent intervening accidents; reenacting s. 440.10, F.S., relating to liability for compensation; reenacting s. 440.101, F.S., relating to legislative intent with respect to drug-free workplaces; reenacting s. 440.102, F.S., relating to drug-free workplace programs; reenacting s. 440.11(1), F.S., relating to exclusiveness of liability; reenacting s. 440.12(1), F.S., relating to commencement of compensation; reenacting s. 440.13, F.S., relating to medical services and supplies; reenacting s. 440.135, F.S., relating to pilot programs for medical and remedial care; reenacting s. 440.15, F.S., relating to compensation for disability; reenacting s. 440.16(1)(b), F.S., relating to compensation for death; reenacting s. 440.185(4), F.S., relating to informational brochures; reenacting s. 440.19(1), F.S., relating to time and procedure for filing claims; reenacting s. 440.20(9) and (12), F.S., relating to payment of compensation; reenacting s. 440.25(3) and (4), F.S., relating to procedures for hearings and appeals; reenacting s. 26, ch. 90-201, Laws of Florida, November 20, 1990 5 6 JOURNAL OF THE HOUSE relating to the repeal of s. 440.26, F.S., relating to presumptions; reenacting s. 440.271, F.S., relating to appellate review of orders of judges of compensation claims; reenacting s. 440.272, F.S., relating to appellate review of orders of the Industrial Relations Commission; reenacting s. 440.34(2), (3), (5), and (7), F.S., relating to attorney's fees and costs; reenacting s. 440.37(4), F.S., relating to penalties for misrepresentation and fraud; reenacting s. 440.38(1), (3), and (5), F.S., relating to security for compensation; reenacting s. 440.381, F.S., relating to applications for coverage and payroll reporting and auditing; reenacting s. 440.385, F.S., relating to the Florida Self-Insurers Guaranty Association; reenacting s. 440.386, F.S., relating to insolvency; reenacting s. 440.39(3)(a), F.S., relating to third-party liability; reenacting s. 440.43, F.S., relating to penalties for failure to secure payment of compensation; reenacting s. 37, ch. 90-201; Laws of Florida, relating to the repeal of s. 440.44(8) and (10), F.S., relating to an advisory council and the Workers' Compensation Oversight Board; reenacting s. 440.4415, F.S., relating to the Workers' Compensation Oversight Board; reenacting s. 440.45(1) and (2), F.S., relating to judges of compensation claims; reenacting s. 440.49, F.S., relating to rehabilitation of injured employees and the Special Disability Trust Fund; reenacting s. 440.52, F.S., relating to registration of insurance carriers; reenacting s. 440.56(6), F.S., relating to penalties for violation of safety rules; reenacting s. 440.572, F.S., relating to authorization of individual self-insurers to provide coverage; reenacting s. 440.575(1)(c), F.S., relating to local government pools; reenacting s. 440.59, F.S., relating to risk management reports; reenacting s. 440.591, F.S., relating to rulemaking authority; reenacting ss. 489.114 and 489.510, F.S., relating to evidence of coverage of contractors; reenacting s. 626.611(15), F.S., relating to fraudulent and dishonest practices; reenacting s. 626.869(5), F.S., relating to workers' compensation insurance adjuster course requirements; reenacting s. 627.0915, F.S., relating to rate filings; reenacting s. 627.1615, F.S., relating to discrimination against certain applicants for coverage; reenacting s. 627.162, F.S., relating to installment payment of premiums; reenacting ss. 54-58, ch. 90-201, Laws of Florida, relating to the Joint Select Committee on Workers' Compensation, alternative methods of compliance with the act, rate reductions, and future review and repeal; reenacting ss. 115-120, ch. 90-201, Laws of Florida, relating to appropriations and severability; providing a retroactive effective date. -was read the first time by title and referred to the Select Committee on Rules & Calendar. Rep. Simon moved that HB 29-A be admitted for introduction, the Speaker having ruled the measure was outside the purview of the Call. The motion was agreed to by the required constitutional two-thirds vote and- HB 29-A-A bill to be entitled An act relating to workers' compensation; reenacting and amending s. 440.02, F.S.; defining "employee"; reenacting and amending s. 440.13, F.S.; defining "medicines"; reenacting and amending s. 440.15, F.S.; correcting a cross reference; reenacting and amending s. 20.171, F.S.; providing for nomination of members of the Industrial Relations Commission; providing an effective date. -was read the first time by title and referred to the Select Committee on Rules & Calendar. Rep. Bainter moved that HB 11-A be admitted for introduction, the Speaker having ruled the measure was outside the purview of the Call. I] E OF REPRESENTATIVES November 20, 1990 The motion was agreed to by the required constitutional two-thirds vote and- HB 3-A-A bill to be entitled An act relating to workers' compensation; amending s. 440.02, F.S.; defining "employee"; specifying persons who may elect to be exempt from coverage; limiting recovery in certain actions by such exempt persons; providing an effective date. -was read the first time by title and referred to the Select Committee on Rules & Calendar. Rep. Glickman moved that HB 21-A be admitted for introduction, the Speaker having ruled the measure was outside the purview of the Call. The motion was agreed to by the required constitutional two-thirds vote and- HB 21-A-A bill to be entitled An act relating to criminal offenses; amending s. 316.193, F.S.; providing that driving with a specified breath alcohol level constitutes driving under the influence; providing minimum fines; requiring certain notice to the defendant; amending s. 316.1932, F.S.; specifying the basis for determining the percent of alcohol in blood or breath; expanding implied consent for blood tests; specifying persons who may withdraw blood for blood test purposes; providing for release of breath test information; amending s. 316.1933, F.S.; specifying persons who may withdraw blood; amending s. 316.1934, F.S.; defining "normal faculties"; providing admissibility of breath tests; specifying presumptions relating to impairment; providing that the length of time elapsing between the arrest and the test shall not be considered in determining admissibility of the test; providing for admissibility of an affidavit containing the results of a blood or breath test in specified circumstances; creating s. 316.1939, F.S.; providing for seizure and forfeiture of vehicles involved in certain cases of driving under the influence; providing exceptions; amending s. 327.35, F.S.; providing that operating a vessel with a specified breath alcohol level constitutes operating a vessel under the influence; requiring certain notice to the defendant; providing for seizure and forfeiture of vessels involved in certain cases of operating a vessel under the influence; amending s. 327.352, F.S., relating to tests for impairment or intoxication with respect to operating a vessel under the influence, to conform; amending s. 327.354, F.S.; providing admissibility of breath tests; specifying presumptions relating to impairment; specifying the basis for determining the percent of alcohol in blood or breath; amending ss. 316.656, 322.291, and 327.36, F.S., to conform; reenacting ss. 322.03(1)(b), 322.264, 322.271(2)(a), 322.28(2)(a) and (e) and (5)(a), 322.282(2)(a), 327.351(1) and (2), 327.3521(1) and (2), and 327.353, F.S., relating to accident reports, driver's licenses, and operation of a vessel while intoxicated, to incorporate the amendments to ss. 316.193, 316.1932, 316.1933, 316.1934, and 327.35, F.S., in references thereto; amending s. 90.803, F.S.; providing for admissibility of an affidavit containing the results of a blood or breath test notwithstanding the hearsay rule; amending s. 316.062, F.S.; providing that the duty of a person to give information regarding an accident to a law enforcement officer does not extend to information that would incriminate the person; amending ss. 316.066 and 324.051, F.S.; providing circumstances under which a law enforcement officer may testify as to statements made to him relating to accidents; providing an effective date. -was read the first time by title and referred to the Select Committee on Rules & Calendar. The motion was agreed to by the required constitutional two-thirds vote Waiver of Rule 6 for Committee Meetings and Bills and- HB 11-A-A bill to be entitled An act relating to public education capital outlay appropriations; eliminating the requirement that moneys appropriated under Item 2170 of ch. 90-209, Laws of Florida, from the Public Education Capital Outlay and Debt Service Trust Fund for specified vocational-technical facilities must be matched in specified percentages by the respective school districts and noneducational entities; providing an effective date. -was read the first time by title and referred to the Select Committee on Rules & Calendar. On motion by Representative Johnson, Chairman, without objection, the rules were waived and the Select Committee on Rules & Calendar was given permission to meet at 4:00 p.m. today to consider HBs 3-A, 11-A, 21-A, 23-A, 27-A and 29-A. Announcements Representative Ostrau announced the birth of his grandson, Scott Edward Ostrau, this past June 23. Recessed Rep. Albright moved that HB 3-A be admitted for introduction, the The House stood in informal recess at 3:08 p.m. to reconvene upon the Speaker having ruled the measure was outside the purview of the Call. call of the Speaker. JOURNAL OF THE HOUSE OF REPRESENTATIVES Reconvened The House was called to order by the Speaker at 5:34 p.m. A quorum was present. The Speaker thanked Rep. Kelly, Rep. Lombard and the staff of the Minority Office for their help on HB 31-A. Communications Vetoed Bills The following veto messages were received: The Honorable T.K. Wetherell Speaker Florida House of Representatives November 20, 1990 Dear Mr. Speaker: In compliance with the provisions of Article III, Section 8(b) of the State Constitution, I am transmitting to you for consideration of the House the following 1990 vetoed bills, Regular Session. The Governor's objections are attached thereto. CS/HB 345 Relating to Criminal Offenses HB 363 Relief of Mirtha Schlussler CS/HB 1189 Relating to the "Local Option Tourist Development Act" CS/HBs 1799 347 and 365 HB 2961 HB 3313 HB 3383 Relating to Clean Indoor Air Relating to Motor Vehicle Insurance Relating to Palm Beach County Relating to the St. Johns County Coastal Construction Control Line Sincerely, JIM SMITH Secretary of State Honorable Jim Smith Secretary of State July 3, 1990 Dear Secretary Smith: By the authority vested in me as Governor of Florida, under the provisions of Article III, Section 8, of the Constitution of the State of Florida, I do hereby withhold my approval and transmit to you with my objections, Committee Substitute for House Bill 345, enacted by the 92nd Regular Session since statehood in 1845, convened under the Constitution of 1968, during the Regular Session of 1990, and entitled: An act relating to criminal offenses; amending s. 316.193, F.S.; providing that driving with a specified breath alcohol level constitutes driving under the influence; providing minimum fines; requiring certain notice to the defendant; amending s. 316.1932, F.S.; specifying the basis for determining the percent of alcohol in blood or breath; expanding implied consent for blood tests; specifying persons who may withdraw blood for blood test purposes; providing for release of breath test information; amending s. 316.1933, F.S.; specifying persons who may withdraw blood; amending s. 316.1934, F.S.; defining "normal faculties"; providing admissibility of breath tests; specifying presumptions relating to impairment; providing that the length of time elapsing between the arrest and the test shall not be considered in determining admissibility of the test; providing for admissibility of an affidavit containing the results of a blood or breath test in specified circumstances; creating s. 316.1937, F.S.; providing for seizure and forfeiture of vehicles involved in certain cases of driving under the influence; providing exceptions; amending ss. 316.656, 322.291, 327.35, 327.352(1)(a)-(d), 327.354, and 327.36(2)(a), F.S.; providing for unlawful breath alcohol levels for which penalties are provided by law; providing a conversion ratio for blood alcohol analysis to breath alcohol analysis; providing for testing methods and procedures; providing for implied consent to testing and for presumptions of breath alcohol impairment; providing for release of breath alcohol test results; providing for seizure and forfeiture of vessels involved in certain cases of operating a vessel under the influence; reenacting ss. 316.066(4), 322.03(1)(b), 322.264, 322.271(2)(a), 322.28(2)(a) and (e), 322.28(5)(a), 322.282(2)(a), 327.351(1) and (2), and 327.353, F.S., relating to accident reports, driver's licenses and operation of a vessel while intoxicated, to incorporate the amendments to ss. 316.193, 316.1932, 316.1933, 316.1934, and 327.35, F.S., in references thereto; amending s. 90.803, F.S.; providing for admissibility of an affidavit containing the results of a blood or breath test; amending s. 316.062, F.S.; providing that the duty of a person to give information regarding an accident to a law enforcement officer does not extend to information that would incriminate the person; amending s. 316.061, F.S.; increasing the maximum fine for leaving the scene of an accident involving damage to vehicles or property; amending ss. 316.066 and 324.051, F.S.; providing circumstances under which a law enforcement officer may testify as to statements made to him relating to accidents; amending s. 921.107, F.S.; authorizing the court to require certain offenders to participate in a substance abuse treatment and education program; providing terms and conditions; providing fines; providing for disposition of fine; providing an effective date. The purpose of this measure is to make a series of changes to Florida's DUI and BUI laws. It contains a number of very good provisions, however, through an oversight in the legislative amending process, subsections 2, 3 and 4 of Section 327.35, Florida Statutes, are deleted. If this measure is allowed to become law, the penalties for operating a vessel while under the influence of alcohol or controlled substances would be repealed. For this reason, I am withholding my approval from Committee Substitute for House Bill 345, and do hereby veto the same. Sincerely, BOB MARTINEZ Governor -and the above vetoed bill (1990 Regular Session), together with the Governor's objections thereto, was referred to the Select Committee on Rules & Calendar. Honorable Jim Smith Secretary of State Dear Secretary Smith: July 3, 1990 By the authority vested in me as Governor of Florida, under the provisions of Article III, Section 8, of the Constitution of the State of Florida, I do hereby withhold my approval and transmit to you with my objections, House Bill 363, enacted by the 92nd Regular Session since statehood in 1845, convened under the Constitution of 1968, during the Regular Session of 1990, and entitled: An act for the relief of Mirtha Schlussler, as the widow of William Schlussler and the intended beneficiary of his estate; providing an appropriation for the purpose of paying Mirtha Schlussler the retirement benefits earned by William Schlussler through his service as a Metropolitan Dade County police officer and member of the Florida Retirement System; providing an effective date. This is a claim for $63,706.00 to be paid by the Division of Retirement from General Revenue to the widow of a deceased Metro-Dade police officer. On June 12, 1990, the Eleventh Judicial Circuit ruled that Mirtha Schlussler receive the lifetime retirement benefit provided for her deceased husband's retirement plan thereby duplicating the benefits contained in House Bill 363. The most appropriate funding mechanism is to allow these benefits to be paid from the Florida Retirement Services Trust Fund as provided in the court order allowing Ms. Mirtha Schlussler to receive her lifetime monthly benefit (actuarial equivalent to $63,706.00) as provided by the court order. For these reasons, I am withholding my approval from House Bill 363, and do hereby veto the same. Sincerely, BOB MARTINEZ Governor -and the above vetoed bill (1990 Regular Session), together with the Governor's objections thereto, was referred to the Select Committee on Rules & Calendar. November 20, 1990 7 8 JOURNAL OF THE HOUSE Honorable Jim Smith Secretary of State July 2, 1990 Dear Secretary Smith: By the authority vested in me as Governor of Florida, under the provisions of Article III, Section 8, of the Constitution of the State of Florida, I do hereby withhold my approval and transmit to you with my objections, Committee Substitute for House Bill 1189, enacted by the 92nd Regular Session since statehood in 1845, convened under the Constitution of 1968, during the Regular Session of 1990, and entitled: An act relating to the "Local Option Tourist Development Act"; amending s. 125.0104, F.S.; revising provisions which authorize the levy of an additional tax for the construction or renovation of a professional sports franchise facility, to provide that a limitation applicable to counties that are authorized to levy a convention development tax does not apply to the levy of said additional tax; amending s. 125.0104, F.S.; allowing certain charter counties to levy by ordinance a tax on the sale of food, beverages, or alcoholic beverages in hotels, motels, or other specified establishments; prescribing requirements for such levy; providing for the collection of the tax and the uses of the tax proceeds; providing for rulemaking; requiring certain records to be kept and made available to the public; providing penalties; providing an effective date. One of the key local tax provisions of this legislation is substantially similar to Committee Substitute for Committee Substitute for Senate Bill 1578 vetoed by me on June 14, 1990. I am withholding my approval of this measure for the same basic reasons that I vetoed Committee Substitute for Committee Substitute for Senate Bill 1578. The means for implementing the tax on the sale of food, beverages and alcoholic beverages in Palm Beach County is inconsistent with the policies I have consistently advocated for such measures. I am therefore withholding my approval of Committee Substitute for House Bill 1189 and do hereby veto the same. Sincerely, BOB MARTINEZ Governor -and the above vetoed bill (1990 Regular Session), together with the Governor's objections thereto, was referred to the Select Committee on Rules & Calendar. Honorable Jim Smith Secretary of State July 3, 1990 Dear Secretary Smith: By the authority vested in me as Governor of Florida, under the provisions of Article III, Section 8, of the Constitution of the State of Florida, I do hereby withhold my approval and transmit to you with my objections, Committee Substitute for House Bill 1799, enacted by the 92nd Regular Session since statehood in 1845, convened under the Constitution of 1968, during the Regular Session of 1990, and entitled: An act relating to clean indoor air; amending s. 386.203, F.S.; modifying definitions; amending s. 386.204, F.S.; modifying prohibition against smoking in a public place; amending s. 386.205, F.S.; requiring the designation of smoking areas in certain facilities; providing additional places that may not be designated as smoking areas; modifying requirements for designating a patient's room as a smoking area; eliminating exceptions to the square footage limitation for smoking areas in certain public places; providing for smoking areas in facilities having common areas under certain circumstances; amending s. 386.206, F.S.; modifying authorization for certain discretionary signs; creating s. 386.211, F.S.; making it unlawful to interfere with a person who reports certain violations; providing for enforcement; prohibiting personnel actions based on the use of tobacco products; creating s. 386.212, F.S.; requiring public announcements in certain public transportation terminals that smoking is allowed only in designated areas; providing an effective date. This measure amends Florida's Clean Indoor Air Act. Its purpose as originally introduced was to improve the Clean Indoor Air Act by prohibiting smoking in a variety of public places including the common areas of multi-family dwellings, educational facilities and day care centers. E OF REPRESENTATIVES November 20, 1990 Initially, the bill was supported by the American Heart Association, the American Lung Association and other concerned organizations. During the process, the bill was amended to authorize rights for smokers by requiring that smoking areas be set aside in specific facilities including airports, sporting facilities and movie theaters. This measure was also amended to provide that the use of tobacco products shall not be the basis of any personnel action involving the firing, promotion, reassignment, change of duties or compensation, or other disciplinary action, of any employee. The amendments made to this legislation in the final hours of the session are unclear and appear to infringe substantially on the rights of nonsmokers. Under one provision, it would not be possible for an employer to take disciplinary action against an employee who blatantly violated a no smoking area. In another provision, it requires the set-aside of smoking areas in movie theaters, sporting facilities and airports even if there is no space available and even if the proprietor of the facility does not wish to designate such areas. Because of the defects in these amendments, many of those originally supporting the legislation, including the American Heart Association and one of the bill's primary sponsors, Representative Bruce Hoffmann, now request a veto of the same. In my opinion, the defects in the bill now outweigh the merits. For these reasons, I am withholding my approval from Committee Substitute for House Bill 1799, and do hereby veto the same. Sincerely, BOB MARTINEZ Governor -and the above vetoed bill (1990 Regular Session), together with the Governor's objections thereto, was referred to the Select Committee on Rules & Calendar. Honorable Jim Smith Secretary of State Dear Secretary Smith: By the authority vested in me as Governor of Florida, under the provisions of Article III, Section 8, of the Constitution of the State of Florida, I do hereby withhold my approval and transmit to you with my objections, House Bill 2961, enacted by the 92nd Regular Session since statehood in 1845, convened under the Constitution of 1968, during the Regular Session of 1990, and entitled: An act relating to motor vehicle insurance; creating s. 627.0653, F.S.; requiring the Department of Insurance to adopt rules to provide for the reduction of premium charges for comprehensive coverage of a motor vehicle equipped with an antitheft device or a motor vehicle recovery system or both; providing an effective date. This measure establishes procedures for discounts in insurance comprehensive premium charges for motor vehicles with antitheft devices or a recovery system. It is similar in content to the provisions of Committee Substitute for Senate Bill 2670, which provides for similar discounting, but allows procedures that are more flexible. There is the opportunity for more competition and lower rates under the second measure. I am therefore withholding my approval of House Bill 2961 and do hereby veto the same. In the alternative, it is my intention to sign Committee Substitute for Senate Bill 2670, which provides for better procedures and more competitive guidelines for the reduction of rates. Sincerely, BOB MARTINEZ Governor -and the above vetoed bill (1990 Regular Session), together with the Governor's objections thereto, was referred to the Select Committee on Rules & Calendar. Honorable Jim Smith Secretary of State July 3, 1990 Dear Secretary Smith: By the authority vested in me as Governor of Florida, under the provisions of Article III, Section 8, of the Constitution of the State of Florida, I do hereby withhold my approval and transmit to you with my objections, House Bill 3313, enacted by the 92nd Regular Session since statehood in 1845, convened under the Constitution of 1968, during the Regular Session of 1990, and entitled: June 21, 1990 JOURNAL OF THE HOUSE OF REPRESENTATIVES An act relating to Palm Beach County; amending chapter 87-450, Laws of Florida, as amended; providing that the Palm Beach County Health Care District shall be exempt from the payment of taxes to community redevelopment agencies created pursuant to part III of chapter 163, Florida Statutes; providing for severability; providing an effective date. The purpose of this measure is to provide an exemption for the Palm Beach County Health Care District from the payment of any revenue to community redevelopment agencies. There is concern over the precedent which this exemption represents in relation to the ability of agencies to carry out their redevelopment activities. More specifically, there is concern that the legislation may impair the obligations of the Boca Raton Community Redevelopment Agency that have already been put into place. There is disagreement among counsel as to the impact and impairment that this legislation may have on the outstanding bond obligations. I am therefore withholding my approval of House Bill 3313, and do hereby veto the same. Sincerely, BOB MARTINEZ Governor -and the above vetoed bill (1990 Regular Session), together with the Governor's objections thereto, was referred to the Select Committee on Rules & Calendar. Honorable Jim Smith Secretary of State July 5, 1990 Dear Secretary Smith: By the authority vested in me as Governor of Florida, under the provisions of Article III, Section 8, of the Constitution of the State of Florida, I do hereby withhold my approval and transmit to you with my objections, House Bill 3383, enacted by the 92nd Regular Session since statehood in 1845, convened under the Constitution of 1968, during the Regular Session of 1990, and entitled: An act relating to the St. Johns County coastal construction control line; providing legislative intent; providing an exemption from portions of s. 161.053, F.S., relating to regulation on a county basis of coastal construction and excavation; providing for coastal construction requirements; providing an effective date. The purpose of this measure is to exempt certain portions of the coastline in St. Johns County from the requirements of Section 161.053, relating to coastal construction control lines. An exemption for the area proposed in this legislation was previously requested by the County from the Governor and Cabinet, and the request was denied. In general terms, this measure conflicts with Florida's policy relating to coastal resources and protection of coastal property. There are already available remedies in Florida law to accomplish the same results, and it is unclear whether or not the County has sufficient staff resources or expertise to administer the coastal construction regulations that this legislation would impose. For these reasons, I am withholding my approval from House Bill 3383, and do hereby veto the same. Sincerely, BOB MARTINEZ Governor -and the above vetoed bill (1990 Regular Session), together with the Governor's objections thereto, was referred to the Select Committee on Rules & Calendar. The Honorable T.K. Wetherell Speaker November 20, 1990 Dear Mr. Speaker: In compliance with the provisions of Article III, Section 8(b) of the State Constitution, I am transmitting to you for consideration of the House the following bill, 1990 Regular Session, with the Governor's objections attached thereto: (Chapter 90-209, Laws of Florida). We understand that the original law will be returned to this office following any legislative action which may be taken on the vetoed portions. Sincerely, JIM SMITH Secretary of State Honorable Jim Smith Secretary of State June 26, 1990 Dear Mr. Secretary: By the authority vested in me as Governor of Florida, under the provision of Article III, Section 8, of the Constitution of the State of Florida, I do hereby withhold my approval of portions of House Bill 3701, enacted by the Eleventh Legislature of Florida under the Florida Constitution, 1968 Revision, during the Regular Session of 1990, and entitled: "An act making appropriations; providing moneys for the annual period beginning July 1, 1990, and ending June 30, 1991, to pay salaries, other expenses, capital outlay buildings, and other improvements, and for other specified purposes of the various agencies of state government; providing an effective date." I have reviewed House Bill 3701, the General Appropriations Act, and find that for the most part it does an effective job of providing the people of Florida with the services they need and desire while considering what size government they are willing to pay for. For four years, I have urged the Legislature to avoid the temptation to fill the State budget with projects of interest only to a specific area or limited segment of Florida's population. While there is still much progress to be made if we are to attain this goal, I am pleased that this year's Appropriations Bill does not contain as many of these unacceptable items as in years past. One area of marked progress is the diminished legislative reliance on working papers to achieve results through the Appropriations Bill. It is clear the public never intended the State's budget to be written through documents that are not a part of the formal Appropriations Bill, and it is a healthy sign that the Legislature has reduced the use of these documents to achieve its purposes. Through this message, I am vetoing 85 specific items totalling $81,571,394. These vetoes include $6 million from the General Revenue Fund; $5.25 million from Lottery funds; $2 million from the State Infrastructure Fund; $600,000 from the Public Education Capital Outlay (PECO) fund; $3.6 million in appropriations from the Working Capital Fund, and $64.1 million from other trust funds. As a result of these vetoes, the Working Capital Fund for the 1990-91 fiscal year will be set at $180 million. This contrasts favorably with earlier projections that our State's "rainy day" fund would have been in deficit at the conclusion of the 1989-90 fiscal year had the Legislature not approved the revenue speedup measure I proposed. Because of that action, our State will instead end the current year with a "rainy day" fund balance of $192.4 million. Proviso language following Appropriation 2 on page 1 appropriating $1,126,000 from the Law Enforcement Trust Fund for salary increases is hereby vetoed. This proviso language duplicates an appropriation in Senate Bill 1516. "From the funds provided in Specific Appropriation 2, $1,126,000 from the Law Enforcement Trust Fund are contingent upon HB 3293 or similar legislation becoming law." Appropriation 141A on page 17 appropriating $100,000 from the General Revenue Fund for a Citizens Fraud and Education Foundation is hereby vetoed. This appropriation was not requested by the Department of Banking and Finance and no information is available about this item. Sufficient justification has not been provided to properly evaluate this item to determine whether there would be any statewide benefits from this appropriation. "141A Special Categories Grants and Aids Citizens Fraud and Education Foundation From General Revenue Fund 100,000" November 20, 1990 9 House Bill No. 3701 Appropriation 206A and the associated proviso language on page 23 appropriating $1,100,000 from the General Revenue Fund for enhanced cigarette tax enforcement are hereby vetoed. This item duplicates an appropriation in House Bill 3695. "206A Lump Sum Enhanced Cigarette Tax Enforcement CS/HB 3695 From General Revenue Fund Positions 23 Funds and positions in Specific Appropriation 206A are contingent upon HB 3695 or similar legislation becoming law." Appropriation 232A on page 26 appropriating one position and $1,850,000 from the Cooperative Advertising Trust Fund for the Cooperative Advertising Program is hereby vetoed. The statutory authority needed to generate the revenue to fund this appropriation was not passed by the Legislature. "232A Aid to Local Governments Grants and Aids Cooperative Advertising Program From Cooperative Advertising Trust Fund Positions 1 1,850,000" November 20, 1990 "367A Special Categories Grants and Aids Leon County Sheriffs Office From General Revenue Fund From the Funds in Specific Appropriation 367A, $39,411 is provided for the Leon County Correctional Facility of the Leon County Sheriffs Department for the Personal Development Life Management Training of inmates demonstration project and an additional $10,000 is provided to the department for a preliminary evaluation of the program to determine, statistically, the value of the program at the jail and the possibility of its use in the state correctional system." Appropriation 367C on page 48 appropriating $850,000 from the General Revenue Fund for the Gadsden County Drug Abuse Task Force is hereby vetoed. This program was not requested by the Department of Corrections and did not go through the normal competitive needs assessment process. Sufficient documentation regarding the nature of the task force and future operating and fixed capital outlay funding needs for this program was not available from the Department of Corrections or Legislative staff to allow for a determination of need. Although the State supports drug abuse programs, this appears to be a local project which should be supported by local funding. 49,411 Appropriation 233A and associated proviso on page 26 appropriating three positions and $234,200 from the General Revenue Fund for Florida Strategic Fund Act administration are hereby vetoed. Statutory authority to establish the Florida Strategic Fund Act was not passed by the Legislature. "233A Lump Sum Grants and Aids Florida Strategic Fund Act Administration From General Revenue Fund Positions 3 234,200 Funds and positions in Specific Appropriation 233A are contingent upon HB 2365 or similar legislation becoming law." Proviso language following Appropriation 300 on page 37 appropriating $160,000 from the General Revenue Fund to provide Community Development Corporations in Daytona Beach and Jacksonville is hereby vetoed. This appropriation circumvents the normal competitive evaluation process used by the Department of Community Affairs when approving applications for establishing Community Development Corporations. "From funds in Specific Appropriation 294 and 300, $160,000 is provided for two additional Community Development Corporations, one of each to be located in Daytona Beach and Jacksonville." Appropriation 359A and associated proviso language on page 46 appropriating $210,093 from the General Revenue Fund for Tampa Crossroads, Incorporated, are hereby vetoed. This program will serve only local clients. Available General Revenue funds should first be used to fully address the State's prison problems before adopting the responsibility for traditionally local activities. This program was not requested by the Department of Corrections, and did not go through the normal competitive needs assessment process. "359A Special Categories Grants and Aids Tampa Crossroads From General Revenue Fund 210,093 Funds in Specific Appropriation 359A are to be used to contract with Tampa Crossroads, Inc., to provide a program for alternatives to incarceration for non-violent women offenders." Appropriation 367A and associated proviso language on page 48 appropriating $49,411 from the General Revenue Fund for a Personal Development Life Management Training of inmates demonstration project in the Leon County Sheriffs Department are hereby vetoed. This program will serve only local clients. Available General Revenue funds should first be used to fully address the State's prison problems before adopting the responsibility for traditionally local activities. This program was not requested by the Department of Corrections and did not go through the normal competitive needs assessment process. "367C Special Categories Grants and Aids Gadsden County Drug Abuse Task Force From General Revenue Fund 850,000" Appropriation 367D on page 48 appropriating $100,000 from the General Revenue Fund for the Masters Prison Ministry program is hereby vetoed. This program has historically been a volunteer program which should be encouraged to remain voluntary. This program was not requested by the Department of Corrections and did not go through the normal competitive needs assessment process. "367D Special Categories Grants and Aids Masters Prison Ministry From General Revenue Fund 100,000" Portions of proviso language following Appropriation 380 on page 51 appropriating $10,000 from the Educational Enhancement Trust Fund for a feasibility study for the establishment of a Florida/Africa linkage institute are hereby vetoed. This appropriation duplicates Appropriation 861A on page 158 in the Commission on International Affairs in the Executive Office of the Governor. "The $10,000 provided for a feasibility study for the establishment of a Florida/Africa linkage institute is contingent on the passage of HB 3471 or similar legislation." Appropriation 459B on page 70 appropriating $250,000 from the General Revenue Fund for the International Oceanographic Foundation is hereby vetoed. This appropriation to a private foundation for the repair and upgrade of marine science exhibits has not been requested by the Department of Education. Demonstration of the statewide need for this program was not available. "459B Special Categories International Oceanographic Foundation From General Revenue Funds provided in Specific Appropriations 459B shall be transferred to the International Oceanographic Foundation through the University of Miami. The University of Miami shall retain no overhead monies from this appropriation." Appropriation 508A on page 78 appropriating $250,000 from the Educational Enhancement Trust Fund for Arts in Education Grants is hereby vetoed. This appropriation is a duplication of Appropriation 1853A on page 295 for the Department of State, Division of Cultural Affairs. "508A Aid to Local Governments Grant and Aids Arts in Education Grants From Educational Enhancement Trust Fund 250,000" 250,000 10 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES Appropriation 517A and associated proviso on page 87 appropriating $3,600,000 from the Educational Enhancement Trust Fund for a General Development Corporation Guarantee are hereby vetoed. When real property taxes are not paid by the owner, the law provides for the sale of tax certificates for the unpaid amounts to hold school districts and the other local governments harmless. In essence, the law already provides a procedure to assure that these monies are received by local governments. The precedent established by this appropriation is bad, and justification for funding this request has not been demonstrated. Providing "windfall" benefits to private companies or special benefits to individual districts is bad public policy. "517A Aid to Local Governments General Development Corporation Guarantee From Educational Enhancement Trust Fund 3,600,000 The funds provided in Specific Appropriation 517A are for the school districts affected by the non-payment of 1989-90 local required effort ad valorem taxes as specified in s. 236.081(4), Florida Statutes, prior to filing Chapter 11 bankruptcy petition by General Development Corporation. The Department of Education shall calculate the 1989-90 ad valorem taxes not paid to each district involved in the same manner as prescribed in s. 236.081(4), Florida Statutes. The Department of Education shall disseminate the amounts calculated to each school district affected in July, 1990, but if the total amounts for all school districts exceeds the amount appropriated, the department shall prorate based on each district dollar amount. Within thirty days of receiving these ad valorem taxes unpaid in 1989-90 each school district shall remit to the Department of Education the tax amounts received, prorated based on millages levied by the school district in 1989-90, up to the amounts calculated and distributed under these provisions as provided for in s. 236.081(13), Florida Statutes." Portions of proviso language following Appropriation 565 on page 99 appropriating $1,000,000 from the Educational Enhancement Trust Fund for school transportation safety in Okaloosa and Santa Rosa Counties are hereby vetoed. This appropriation will provide funding to upgrade roads through the Blackwater River State Forest. This project was not requested by the Department of Education and is inappropriately located in the Department of Education budget. A road upgrade project also represents an inappropriate use of Lottery funds. "From the funds provided in Specific Appropriation 565, up to $1,000,000 is provided for school transportation safety in Okaloosa and Santa Rosa Counties." Portions of proviso language following Appropriation 605 on page 116 appropriating up to $250,000 from the Education Enhancement Trust Fund to Lake City Community College to establish a golf course and landscape operations endowment program are hereby vetoed. This appropriation was not requested by the Department of Education, nor has it been subject to a competitive evaluation and approval process. Additionally, this appropriation circumvents the statutory process for allocation of funds as provided in section 240.36, Florida Statutes. "Included in Specific Appropriation 605 is $250,000 to Lake City Community College to establish a golf course and landscape operations endowment program. This appropriation is contingent upon the State Board of Community Colleges designating this program as the state's only center of excellence in golf course and landscape operation for the community college system; the college establishing a separate endowment account for this program; and the funds being matched from private sources on a $60 private to $40 State basis." Appropriation 615B on page 118 appropriating $38,162 from the Educational Enhancement Trust Fund for the Lannon Museum is hereby vetoed. Funds for operating new facilities are provided through a funding formula included in the Community College Program Fund. Designating operating costs for this specific facility is an inappropriate earmark of State funds. "615B Special Categories Lannon Museum Palm Beach Community College From Educational Enhancement Trust Fund 38,162" Appropriation 643A on page 126 appropriating $100,000 from General Revenue Fund for the Florida A&M University/Miami-Dade 2+2 Program is hereby vetoed. This appropriation for establishing a construction engineering technology articulation program was not requested by the Board of Regents. Demonstration of need for this program was not provided in order to support a funding request. "643A Lump Sum Florida Agricultural and Mechanical University/Miami-Dade 2+2 Program From General Revenue Fund Proviso language following Appropriation 671 on page 132 referring to funds appropriated in Appropriation 664 on page 130, appropriating $50,000 from the General Revenue Fund for the site survey and planning for a comprehensive research facility in Gadsden County is hereby vetoed. This appropriation did not go through a competitive review process and was not recommended by the Board of Regents. This language inappropriately uses General Revenue funds for facilities planning purposes, which should be funded by PECO. "From the funds provided in Specific Appropriation 664, $50,000 shall be used for a site survey and planning for a comprehensive research facility in Gadsden County." Proviso language following Appropriation 688 on page 135 appropriating $100,000 from the Educational Enhancement Trust Fund for the Florida Endowment for Higher Education is hereby vetoed. This appropriation was not recommended by the Board of Regents or requested by the Department of Education, and did not go through the appropriate review process. Demonstration of need for this additional funding was not available. "From funds provided in Specific Appropriation 688, $100,000 shall be provided to the Florida Endowment for Higher Education contingent upon the passage of SB 1098 or similar legislation." Appropriation 708A on page 139 appropriating $225,800 from the General Revenue Fund for the Southeast Florida Higher Education Consortium is hereby vetoed. The appropriation to conduct a comprehensive study of ways to integrate post-secondary education and economic development in southeast Florida was not requested by the Board of Regents. "708A Special Categories Southeast Florida Higher Education Consortium Strategic Plan From General Revenue Fund 225,800" Proviso language following Appropriation 710 on page 141 appropriating $188,000 from the Florida Clinical Practice Association into the Incidental Trust Fund is hereby vetoed. This appropriation diverts funds from the Florida Clinical Practice Association and changes the substantive purpose for which the funds are traditionally used. Such change, if it is to occur, should be debated in separate substantive legislation. This appropriation was not requested by the Association or by the Board of Regents and is an inappropriate diversion of monies. "Funds in Specific Appropriation 710 anticipate a deposit of $188,000 from the Florida Clinical Practice Association into the Incidental Trust Fund to provide for increasing the enrollment of physician assistant students at the University of Florida. Up to six positions may be established for this purpose." Portions of proviso language following Appropriation 861A on page 158 appropriating $10,000 from the General Revenue Fund to develop a debt- for-education swap program for Florida are hereby vetoed. This item was not requested by the Department of Education and sufficient justification has not been provided to determine whether there would be any statewide benefits from this appropriation. "and $10,000 shall be used to develop a debt-for-education swap program for Florida." 100,000" November 20, 1990 11 JOURNAL OF THE HOUSE OF REPRESENTATIVES Portions of proviso language following Appropriation 915 on page 166 appropriating $30,000 from the General Revenue Fund for the City of North Miami to study alternative uses for the medical facility located in North Miami are hereby vetoed. Sufficient justification has not been provided to fund this study of alternative uses of this privately owned facility. There is no statewide benefit, therefore, it should be supported with an alternative revenue source. "From the funds in Specific Appropriation 915, $30,000 in non- recurring general revenue shall be used by the City of North Miami to study alternative uses for the medical facility which is located within the City of North Miami." Portions of proviso language following Appropriation 981 on page 181 appropriating $541,980 from the Alcohol, Drug Abuse, and Mental Health Trust Fund for Turning Point, Incorporated, to develop substance abuse programs in Orange and Palm Beach Counties are hereby vetoed. Turning Point, Incorporated, is not registered with the Secretary of State, Division of Corporations as a Florida corporation. It is a private non-profit Minnesota based organization that is not currently operating in Florida. "From the funds in Specific Appropriation 981, $541,980 in Alcohol, Drug Abuse, and Mental Health Trust Funds is provided to Turning Point, Inc. to develop two adult substance abuse programs, one in Orange County and one in Palm Beach County." Portions of proviso language following Appropriation 1033 on page 197 appropriating $15,000 from the General Revenue Fund for the Lurrie Group Home are hereby vetoed. This appropriation has circumvented the needs analysis and competitive contracting process and was not recommended in the Department of Health and Rehabilitative Services' budget request. The Group Home Loan Program established under Chapter 10F-5, Florida Administrative Code, provides start-up funding for residential programs based on statewide needs. These loans are forgiven over a five year period to non-profit organizations who comply with the requirements of Chapter 10F-5, F.A.C. The Lurrie Group Home should apply for a loan through this statewide program. "From the funds in Specific Appropriation 1033, $15,000 of non- recurring general revenue is provided for the Lurrie Group Home." Appropriation 1068 and associated proviso language on page 203 appropriating $714,000 from the Grants and Donations Trust Fund for the Safe Drinking Water Program are hereby vetoed. This appropriation duplicates the appropriation identified for this program in Committee Substitute for House Bill 3065. "1068 Lump Sum Safe Drinking Water Program From Grants and Donations Trust Fund Positions 2 714,000 Funds provided in Appropriation 1068 shall be used solely for activities associated with the Florida Drinking Water Act and are contingent upon legislation becoming law that established fees for increased compliance." Portions of proviso language following Appropriation 1071 on page 204 appropriating $30,000 from the General Revenue Fund for the American Burn Survival Foundation in Pinellas County for its "Matches" program are hereby vetoed. Programs or projects providing instructional services to children are the main responsibility of the Department of Education. This appropriation has circumvented the needs analysis and competitive contracting process and has no statewide benefit. The provider should submit its proposal for funding to the Department of Education. "From the funds in Specific Appropriation 1071, $30,000 in non- recurring general revenue is provided to the American Burn Survival Foundation in Pinellas County for its "Matches" program to teach match safety to elementary aged children." Appropriation 1282A on page 231 appropriating $30,000 from the General Revenue Fund for a Sarasota County Teen Court is hereby vetoed. This program serves only local clients, provides no statewide benefit, and has been previously funded with privately raised money. This program was not requested by the judicial system, and did not go through the normal competitive needs assessment process. "1282A Special Categories Grants and Aids Sarasota County Teen Court From General Revenue Fund 30,000" Proviso language following Appropriation 1642 on page 269 appropriating $292,030 from Grants and Donations Trust Fund for administrative costs for oversight of the Public Service Commission is hereby vetoed. This appropriation is contingent on a provision that was not included in Committee Substitute for Senate Bill 2960 or similar legislation, moving the Public Service Commission to the Legislative Branch. "From the funds in Specific Appropriation 1642, $292,030 from trust funds is provided for administrative costs necessary for oversight of the Public Service Commission by the Joint Legislative Management Committee. These funds are contingent upon passage of CS/SB 2960 or similar legislation becoming law." Portions of proviso language on page 268 appropriating $47,000 from the General Revenue Fund for a Joint House/Senate Study Committee to evaluate the Florida Lottery are hereby vetoed. Research funds are already provided within the Lottery budget to undertake whatever studies are necessary to keep the Florida Lottery successful. "From the funds in Specific Appropriation 1644, $47,000 is provided for a Joint House/Senate Study Committee which shall be created to evaluate the Florida Lottery and to review new technological advances in lottery games. The study committee shall review the operation of the Lottery department to determine: -the accessibility of lottery games to Florida's citizens by telephonic methods and the impact of federal laws on out-of-state players; -the feasibility and desirability of newly developed telephonic methods of playing lottery games and security implications of such methods; -the economic impact of telephonic methods and other innovative methods on lottery revenue; and -the player characteristics of various methods of playing the lottery. The Joint Senate/House Study Committee shall report its findings and recommendations to the President of the Senate and Speaker of the House of Representatives by February 1, 1991. Staffing for this joint committee will be provided by the Legislative Information Technology Resource Committee." Appropriation 1661 on page 271 transferring $1,218,248 from the Administrative Trust Fund to the Department of General Services for a Lottery building is hereby vetoed. Section 24.104(4), Florida Statutes, requires that the headquarters for the Lottery be located within Tallahassee. The proposed Satellite Center is outside the city limits. "1661 Special Categories Transfer to Department of General Services for Lottery Building From Administrative Trust Fund 1,218,248" Appropriation 1717A on page 280 appropriating $317,000 from the Aquatic Plant Control Trust Fund for Hydrilla research is hereby vetoed. This project was not requested by the Department of Natural Resources and, therefore, did not go through a competitive evaluation process. Funding this project would circumvent the agency's process for determining funding needs. "1717A Lump Sum Hydrilla Research From Aquatic Plant Control Trust Fund 317,000" Portions of proviso language following Appropriation 1833A on page 292 appropriating $37,500 from the General Revenue Fund for an historic operational grant are hereby vetoed. This appropriation was not requested by the Department of State, and did not go through the proper review by the Department of State to determine the need for State funds. November 20, 1990 12 "National Historic Publication Match (Dade) Appropriation 1847A on page 294 appropriating $50,000 fi General Revenue Fund for the Wolfson Media History Center is vetoed. This appropriation was not requested by the Department and did not go through the proper review by the Department of determine the need for State funds. "1847A Special Categories Grants and Aids Wolfson Media History Center From General Revenue Fund 37,500" "2076B Fixed Capital Outlay SPurchase of Probation and Restitution "tom the Shereby Center a ,r.y From General Revenue Fund 50,000" Portions of proviso language following Appropriation 1854A on page 295 appropriating $51,400 from the General Revenue Fund for cultural facilities operational grants are hereby vetoed. These projects were not requested by the Department of State and did not go through the normal competitive evaluation process. Funding these projects would circumvent the agency's review process for determining the need for State funds. "South Florida Cultural Consortium (Broward) 50,000" "Indian River Community Concert (Volusia) 1,400" Appropriation 2011A on page 325 appropriating $1,000,000 from the State Infrastructure Fund for the purchase of the Opportunity School in Polk County for renovation into State office space is hereby vetoed This item was not requested by the Department of General Services and circumvents the Capital Improvements Program. A study has shown that renovating the old high school would equal the cost of constructing a new building on unoccupied land near the present Regional Service Center. Renovation of the school may not be the best source of additional space if an annex is determined to be needed for the Regional Service Center. "2011A Fixed Capital Outlay Polk Opportunity School Purchase From State Infrastructure Fund 1,000,000" Appropriation 2038A on page 329 appropriating $250,000 from the Accidents Reports Trust Fund for an addition to a driver license office in Alachua County is hereby vetoed. This project was not requested by the Department of Highway Safety and Motor Vehicles and did not go through the normal competitive needs assessment process. "2038A Fixed Capital Outlay Addition Drivers License Office - Alachua County From Accident Reports Trust Fund 250,000" Appropriation 2063A on page 334 appropriating $10,000 from the General Revenue Fund for the Union Soil and Water Conservation District is hereby vetoed. The Department of Agriculture and Consumer Services has established procedures and criteria to review, categorize, and prioritize Soil and Water Conservation District Projects. This project was not submitted for evaluation through this process. "2063A Fixed Capital Outlay Grants and Aids Union Soil and Water Conservation District From General Revenue Fund 10,000" Appropriation 2070A on page 335 appropriating $10,000 from the General Revenue Fund for the Bradford Soil and Water Conservation District is hereby vetoed. The Department of Agriculture and Consumer Services has established procedures and criteria to review, categorize, and prioritize Soil and Water Conservation District Projects. This project was not submitted for evaluation through this process. "2070A Fixed Capital Outlay Grants and Aids Bradford Soil and Water Conservation District From General Revenue Fund 10,000" Appropriation 2076B on page 338 appropriating $450,000 from the General Revenue Fund for the purchase of a Probation and Restitution Center in Escambia County is hereby vetoed. This project was not requested by the Department of Corrections and did not go through the normal competitive needs assessment process. Further, since the current rent is approximately $31,000 per year, it would take between seven and eleven years to recover this investment. 13 450,000" Appropriation 2090H and associated proviso language on page 343 appropriating $500,000 from the General Revenue Fund to Edward Waters College are hereby vetoed. The funding for this initiative is duplicative of Appropriation 459A on page 70. "2090H Fixed Capital Outlay Edward Waters College From General Revenue Fund 500,000 Funds provided in Specific Appropriation 2090H are contingent upon receipt of $500,000 in matching funds and shall not be released until the matching funds have been received." Appropriation 2113B on page 348 appropriating $82,500 from the State Infrastructure Fund for beach revegetation is hereby vetoed. This project was not included in the Department of Natural Resources' Capital Improvements Program and did not go through the normal evaluation process for inclusion in the Beach Management Plan. Funding this project would circumvent the agency's ongoing process for determining beach management needs. "2113B Fixed Capital Outlav Beach Revegetation Lamar Condominium to Dade County Line From State Infrastructure Fund 82,500" Appropriation 2113C on page 348 appropriating $100,000 from the Beach Management Trust Fund for dune revegetation is hereby vetoed. This project was not included in the Department of Natural Resources' Capital Improvements Program and did not go through the normal evaluation process for inclusion in the Beach Management Plan. Funding this project would circumvent the agency's ongoing process for determining beach management needs. "2113C Fixed Capital Outlay Dune Revegetation Hollywood Hallandale Beach From Beach Management Trust Fund 100,000" Appropriation 2113F on page 348 appropriating $80,000 from the State Infrastructure Fund for a beach walkway is hereby vetoed. This project was not included in the Department of Natural Resources' Capital Improvements Program and did not go through the normal evaluation process for inclusion in the Beach Management Plan. Funding this project would circumvent the agency's ongoing process for determining beach management needs. "2113F Fixed Capital Outlay Beach Walkway Surfside From State Infrastructure Fund 80,000" Appropriation 21131 on page 348 appropriating $50,000 from the Beach Management Trust Fund for dune protection is hereby vetoed. This project was not included in the Department of Natural Resources' Capital Improvements Program and did not go through the normal evaluation process for inclusion in the Beach Management Plan. Funding this project would circumvent the agency's ongoing process for determining beach management needs. "21131 Fixed Capital Outlay Dune Protection Bethune Beach From Beach Management Trust Fund Appropriation 2115B on page 349 appropriating $250,000 from the Beach Management Trust Fund for experimental dune restoration and protection projects is hereby vetoed. This project was not included in the Department of Natural Resources' Capital Improvements Program and did not go through the normal evaluation process for inclusion in the Beach Management Plan. Funding this project would circumvent the agency's ongoing process for determining beach management needs. "2115B Fixed Capital Outlay Dune Restoration/Protection Projects - Experimental Projects From Beach Management Trust Fund 250,000" 50,000" November 20, 1990 JOURNAL OF THE HOUSE OF REPRESENTATIVES 14 JOURNAL OF THE HOUSE Appropriation 2138A on page 352 appropriating $300,000 from the General Revenue Fund for Relocation of Doctors Inlet Maintenance Facility in Clay County is hereby vetoed. This item was not requested by the Department of Transportation and was not recommended by the State Board of Community Colleges. "2138A Fixed Capital Outlay Relocation of Doctors Inlet Maintenance Facility Clay County From General Revenue Fund 300,000" Portions of proviso language following Appropriation 2159 on page 358 appropriating $200,000 from the Public Education Capital Outlay and Debt Service Trust Fund to Chipola Community College for land acquisition is hereby vetoed. This project did not appear on either the State Board of Community Colleges Three-Year Project Priority List or on the State Board of Community Colleges Five-Year Capital Improvements Plan. State funding at this time would circumvent the Board's established process and needs analysis. "Chipola" "Land Acquisition 200,000" Portions of proviso language following Appropriation 2160 on page 360 appropriating $400,000 from the Public Education Capital Outlay and Debt Service Trust Fund to Florida International University to plan a Community Education Conference Center are hereby vetoed. The need for the facility has not been established by the required survey process. "N. Miami Conf Cnt (p) 400,000" Appropriation 2171G on page 367 appropriating $1,218,248 from the Lottery Building Contribution Trust Fund to plan a facility to house the Department of Lottery at the proposed Leon County Satellite Center is hereby vetoed. Section 24.104(4), Florida Statutes, requires that the headquarters for the Lottery be located within Tallahassee. The proposed Satellite Center is outside the city limits. "2171G Fixed Capital Outlay Office Building (Number Two-A Lottery) Satellite Center Leon County From Lottery Building Contribution Trust Fund 1,218,248" Appropriation 2171H on page 367 appropriating $9,953,327 from the Public Facilities Financing Trust Fund for infrastructure construction at the proposed Leon County Satellite Center is hereby vetoed. The proposed location at the intersection of Capital Circle and Tram Road is inconsistent with the rural land use designation shown on the land use map of the Leon County Comprehensive Plan. Additional funding for this project should not be provided until the Governor and Cabinet have reviewed plans for the development of the proposed Satellite Center and determine the location meets the standards established by the Growth Management Act for well-planned growth, consistent with approved State, local and regional comprehensive plans. Additional office space which would not contribute to urban sprawl is available in the vicinity of the Capital Center. "2171H Fixed Capital Outlay Infrastructure Construction Satellite Center Leon County From Public Facilities Financing Trust Fund 9,953,327" Appropriation 2171K on page 368 appropriating $18,548,873 from the Public Facilities Financing Trust Fund for construction of a new regional service center in Gainesville is hereby vetoed. The proposed location away from the urban core would not be as accessible to clients as a downtown location. Additional funding for this project should not be provided until the local government and the Department of General Services determine the location meets the standards established by the Growth Management Act for well-planned growth, consistent with approved State, local and regional comprehensive plans. Additional office space should be provided which would provide easy access from all sections of the city and not contribute to urban sprawl. "2171K Fixed Capital Outlay Regional Service Center Alachua County From Public Facilities Financing Trust Fund 18,548,873" E OF REPRESENTATIVES November 20, 1990 Appropriation 2171M on page 368 appropriating $535,296 from the State Infrastructure Fund for office building number two at the proposed Leon County Satellite Center is hereby vetoed. The proposed location of the Satellite Center at the intersection of Capital Circle and Tram Road is inconsistent with the rural land use designation shown on the land use map of the Leon County Comprehensive Plan. Additional funding for this project should not be provided until the Governor and Cabinet have reviewed plans for the development of the proposed Satellite Center and determine the location meets the standards established by the Growth Management Act for well-planned growth, consistent with approved State, local and regional comprehensive plans. Additional office space can be provided in the vicinity of the Capital Center which would not contribute to urban sprawl. "2171M Fixed Capital Outlay Office Building (Number Two) Satellite Center Leon County From State Infrastructure Fund 535,296" Appropriation 2172 on page 368 appropriating $1,218,248 from the Lottery Building Contribution Trust Fund to plan a facility to house the Department of Lottery is hereby vetoed. Section 24.104(4), Florida Statutes, requires that the headquarters for the Lottery be located within Tallahassee. The proposed Satellite Center is outside of the city limits. "2172 Fixed Capital Outlay Department of the Lottery Building From Lottery Building Contribution Trust Fund 1,218,248" Appropriation 2172A and the associated proviso language on pages 368 and 369 appropriating $13,627,907 from the Public Facilities Financing Trust Fund and $1,372,093 from the Working Capital Fund for purchase of the Royal Trust Tower office building in Miami is hereby vetoed. This item was not requested by the Department of General Services and circumvents the Capital Improvements Program process. No other building was considered as an alternative for providing this office space. Although believing in the project, Representative Gutman has expressed concern to me over the ethnic polarization that has been generated by it. The evaluation of the merits of the project can continue, hopefully, in a way that eases the division in the community. It is vital that the projects funded from this source be only the most critical priorities of the State and provide well planned growth of State office facilities. "2172A Fixed Capital Outlav Royal Trust Tower From Public Facilities Financing Trust Fund From Working Capital Fund 13,627,907 1,372,093 Funds in Specific Appropriation 2172A are to be used to purchase the Royal Trust Tower. The purchase is contingent upon the following occurrences: 1. That the Royal Trust Tower owner will renovate the building to State of Florida government building standards and codes in accordance with Chapter 255, Florida Statutes, and local building codes in effect on June 1, 1990 at no cost to the State of Florida. 2. That all necessary tenant modifications and architectural design services required for state occupancy shall be made by the Royal Trust owner at no cost to the State of Florida. 3. That the Royal Trust Tower owner will make available an asbestos survey as provided for in section 255.533, Florida Statutes. In the event the survey is positive, the Royal Trust Tower owner will bear the cost for removal of asbestos and the reconditioning of affected areas. 4. That the Royal Trust Tower owner terminated all leases held by private entities and the federal government prior to closing on the purchase by the State of Florida, and conveying to the state fee simple title to the building, site and improvements without being subject to any encumbrance, mortgage, or lease. JOURNAL OF THE HOUSE OF REPRESENTATIVES 5. The price for the purchase of the Royal Trust Tower site and improvements shall not exceed the appraisals obtained for the building, site and improvements pursuant to the provisions of Chapter 253, Florida Statutes. The price for the building in total shall not exceed $15,000,000." Appropriation 2172B on page 369 appropriating $2,200,907 from the Working Capital Fund for debt service for purchase of the Royal Trust Tower office building in Miami is hereby vetoed. This item was not requested by the Department of General Services and circumvents the Capital Improvements Program process. No other building was considered as an alternative for providing this office space. It is vital that the projects funded from this source be only the most critical priorities of the State, such as constructing correctional and public education facilities, protecting the State's environmental resources and providing well planned growth of State office facilities. "2172B Fixed Capital Outlay Debt Service Royal Trust Tower From Working Capital Fund 2,200,907" Portions of proviso language following Appropriation 2195 on page 377 appropriating $4,100,000 from the State Transportation Trust Fund for aviation projects in Dade County are hereby vetoed. These appropriations were not requested by the Department of Transportation or included in the Department's Tentative Work Program. The Department's Aviation Office submitted an appropriate list of projects based on statewide need to be substituted for the land acquisition appropriation which the Legislature found to be unacceptable, but those projects were not incorporated. "Miami International Master Plan Update Miami International Cargo Area DRI Miami International Eastside Multi-modal Transportation Center Study Opa-Locka Westside Development DRI Kendall-Tamiami/Neighborhood Compatibility Study Homestead General Aviation Airport Development DRI MIA Concourse A Phase II Design MIA Cargo Building 2205 Design MIA Cargo Buildings 2161 & 2162 500,000 250,000 200,000 100,000 75,000 75,000 1,500,000 600,000 800,000" Appropriation 2223B on page 384 appropriating $178,280 from the State Infrastructure Fund for landscaping the median on State Road 826 is hereby vetoed. This project should be funded through the ongoing grant process from the Florida Highway Beautification Council in the Department of Transportation. "2223B Grants and Aids to Local Governments and Nonprofit Organizations Grants and Aids City of North Miami Beach Rebeautification and Redevelopment From State Infrastructure Fund 178,280" Appropriation 2223E on page 385 appropriating $10,000 from the General Revenue Fund for the organization of a local neighborhood watch program is hereby vetoed. This appropriation was not requested by the Department of Community Affairs and there is no statewide public benefit to justify funding this item. Other available funding sources, such as local support, should be sought. "2223E Grants and Aids to Local Governments and Nonprofit Organizations Grants and Aids Safe Neighborhood Watch From General Revenue Fund 10,000" Appropriation 2228B on page 387 appropriating $100,000 from the State Infrastructure Fund for improvements to the Navarre Sound Side Park is hereby vetoed. This is a duplication of funding in Line Item 2248C in the Department of Natural Resources. "2228B Grants and Aids to Local Governments and Nonprofit Organizations Grants and Aids Navarre Sound Side Park Santa Rosa From State Infrastructure Fund 100,000" Appropriation 2230B on page 388 appropriating $400,000 from the General Revenue Fund for the purpose of renovating a local jail facility to provide drug treatment services by the Gadsden County Drug Abuse Task Force is hereby vetoed. Funding for this program was not requested by the Department of Corrections and did not go through the normal competitive needs assessment process. Sufficient documentation regarding the nature of the task force and program goals and objectives was not available from the Department of Corrections or Legislative staff to allow for a determination of need. Although the State supports drug abuse programs, this appears to be a local project which should be supported by local funding. "2230B Grants and Aids to Local Governments and Nonprofit Organizations Gadsden County Drug Abuse Task Force From General Revenue Fund 400,000" Appropriation 2241A on page 390 appropriating $2,500,000 from the Sewage Treatment Loan Trust Fund for a stormwater drainage system for the City of Surfside is hereby vetoed. This item was not requested by the Department of Environmental Regulation and there is no statewide public benefit to justify funding this item. Also, the Sewage Treatment Loan Trust Fund, the source of funding for this appropriation, is for the Federal and State Sewage Treatment Revolving Loan Program. A grant from this trust fund would not comply with the loan requirements and regulations of section 403.1835, Florida Statutes. "2241A Grants and Aids to Local Governments and Nonprofit Organizations Grants and Aids City of Surfside Stormwater Drainage System From Sewage Treatment Loan Trust Fund 2,500,000" Appropriation 2241E on page 391 and associated proviso language appropriating $6,000,000 from the Pollution Recovery Trust Fund for a remedial action plan for the Graves Tract are hereby vetoed. Section 403.165, Florida Statutes, states that the Pollution Recovery Trust Fund shall consist of all monies recovered by the State as a result of actions against any person for violation of any of the provisions of Chapter 403, Florida Statutes. The monies shall be disbursed first to pay all amounts necessary to restore the respective polluted areas which were the subjects of State actions or to otherwise enhance pollution control activities in the same district. This language limits the amount of unrestricted monies available to each of the Department's districts to fund environmentally sound projects. While this project is extremely important to restoring the environment involving Biscayne Bay, there are not enough funds in the account without jeopardizing the funding for 46 other pending projects to fund the $6,000,000 appropriation. The Governor's Office will work with the Department to try to identify another means for cleaning up the Graves Tract. "2241E Grants and Aids to Local Governments and Nonprofit Organizations Grants and Aids City of North Miami - Graves Tract From Pollution Recovery Trust Fund 6,000,000 Funds in Specific Appropriation 2241E are to provide two-thirds of the cost of a remedial action plan for the Graves Tract, including design and construction of the plan." Appropriation 2242BZ on page 400 appropriating $350,000 from the General Revenue Fund for the Health Department in Santa Rosa County is hereby vetoed. This construction project was not included on the priority list submitted by the Department of Health and Rehabilitative Services, as required by Chapter 154, Florida Statutes. "2242BZ Grants and Aids to Local Governments and Nonprofit Organizations Health Department Santa Rosa County From General Revenue Fund 350,000" Appropriation 2242CE on page 401 appropriating $50,000 from the General Revenue Fund for the Oceanway Comprehensive Health Clinic is hereby vetoed. This construction project was not included on the priority list submitted by the Department of Health and Rehabilitative Services, as required by Chapter 154, Florida Statutes. November 20, 1990 15 JOURNAL OF THE HOUSE OF REPRESENTATIVES "2242CE Grants and Aids to Local Governments and Nonprofit Organizations Oceanway Comprehensive Health Clinic - Duval County From General Revenue Fund 50,000" Portions of proviso language following Appropriation 2248A on page 405 appropriating $80,000 from the Land Acquisition Trust Fund for Lake Wales and Round Lake Parks are hereby vetoed. The appropriation for Lake Wales Park provides duplicate funding. The appropriation for Round Lake Park is not needed because funding for the Park was approved on May 22, 1990 under the Florida Recreation and Development Assistance Program by the Governor and Cabinet. "Lake Wales Park (Polk) Round Lake Park (Seminole) 20,000 60,000" Portions of proviso language following Appropriation 2249A on page 408 appropriating $169,891 from the General Revenue Fund for historic grants are hereby vetoed. These projects were not requested by the Department of State, and did not go through the normal competitive evaluation process. Funding these projects would circumvent the agency's review process under the Historic Preservation Grants Program. "Old Hamilton Jail (Columbia) "Old Carlisle Building (Gulf) "Zora Neal Hurston Memorial (Orange) "Santa Rosa Historical Train Depot (Santa Rosa) "Canal Street Renov/New Smyrna Beach (Volusia) Buckeye School Renovation (Walton) 30,000" 14,891" 18,750" 18,750" 50,000 37,500" Portions of proviso language following Appropriation 2251A on page 410 appropriating $50,000 from the State Infrastructure Fund for a cultural grant is hereby vetoed. This project was not requested by the Department of State and did not go through the normal competitive evaluation process. Funding this project would circumvent the agency's review process under the Basic Arts Grants Program. "Homestead Center for the Arts (Dade) 50,000" The portions of House Bill 3701 which are set forth herein with my objections are hereby vetoed, and all other portions of House Bill 3701 are hereby approved. Sincerely, BOB MARTINEZ Governor -and the above vetoed bill (1990 Regular Session), together with the Governor's objections thereto, was referred to the Select Committee on Rules & Calendar. Messages from the Senate The Honorable T.K. Wetherell, Speaker I am directed to inform the House of Representatives that the Senate has passed HB 31-A. Joe Brown, Secretary The above bill was ordered enrolled. Prime Sponsors HB 21-A-Sanderson Co-sponsors HB 21-A-Brennan, Clark, Gordon, Reddick, Stone Adjournment On motion by Rep. Johnson, the House adjourned at 5:35 p.m. sine die. Enrolling Reports HB 31-A has been enrolled, signed by the required constitutional officers, and presented to the Governor on December 13, 1990. John B. Phelps, Clerk Communications Communication was received from the Governor's Office advising that he had filed in the Office of the Secretary of State HB 31-A, which he approved on December 3, 1990. CHAMBER ACTION ON BILLS TUESDAY, November 20, 1990 HB 31-A-Read second time; Read third time; Passed 119-0 [Source: Legislative Information Division] CERTIFICATE THIS IS TO CERTIFY that the foregoing pages numbered 1 through 16, inclusive, are and constitute a complete, true and correct journal and record of the proceedings of the House of Representatives of the State of Florida at a Special Session of the Seventy-fifth House since Statehood in 1845, convened under the Constitution, held on November 20, 1990. Clerk of the House Tallahassee, Florida December 13, 1990 November 20, 1990 16 INDEX to the JOURNAL OF THE HOUSE OF REPRESENTATIVES Organization Session November 20, 1990 and Special Session "A" November 20, 1990 CONTENTS Page Bill Sponsors in "A" Session ................................................................ 18 M miscellaneous Subjects ..................................................................... 20 Vetoed Bills .................................................................. ......... 21 Subject Index of House and Senate Bills, Resolutions and Memorials .................................. 22 Numerical Index of House Bills, Resolutions and Memorials with Subject, Sponsor and Disposition .......... 25 17 JOURNAL OF THE HOUSE OF REPRESENTATIVES Bills Sponsored in "A" Session [Source: Information Division, Joint Legislative Management Committee] ALBRIGHT, GEORGE-25th District Sponsored: 1-A, 3-A ARNOLD, J. KEITH-73rd District Sponsored: 31-A BAINTER, STANLEY E.-27th District Sponsored: 11-A BLOOM, ELAINE-104th District Co-sponsored: 31-A BOYD, F. ALLEN, JR.-llth District Co-sponsored: 31-A BRENNAN, MARY M.-57th District Co-sponsored: 21-A CHESTNUT, CYNTHIA MOORE-23rd District Co-sponsored: 31-A CHINOY, KATHY GELLER-20th District Co-sponsored: 31-A CLARK, BILL-91st District Co-sponsored: 21-A CLEMONS, SCOTT W.-6th District Co-sponsored: 31-A COSGROVE, JOHN F.-119th District Sponsored: 13-A, 15-A FEENEY, TOM-37th District Co-sponsored: 31-A FLAGG, DAVID-24th District Co-sponsored: 17-A, 31-A GLICKMAN, RONALD CARL-66th District Sponsored: 21-A, 31-A GOODE, HARRY C., JR.-33rd District Co-sponsored: 31-A GORDON, ELAINE-102nd District Co-sponsored: 21-A GRAHAM, RICHARD S.-28th District Sponsored: 1-A GRINDLE, ARTHUR E.-35th District Co-sponsored: 31-A HAFNER, LARS A.-54th District Sponsored: 31-A HANSON, CAROL G.-87th District Sponsored: 31-A HAWKINS, MARY ELLEN-75th District Co-sponsored: 31-A JAMERSON, DOUGLAS L.-55th District Co-sponsored: 31-A JOHNSON, BOLLEY L.-4th District Sponsored: 31-A JONES, C. FRED-42nd District Co-sponsored: 11-A JONES, DARYL L.-118th District Co-sponsored: 31-A KELLY, EVERETT A.-46th District Sponsored: 19-A, 31-A LAWSON, ALFRED J., JR.-9th District Sponsored: 9-A LIPPMAN, FREDERICK-97th District Sponsored: 25-A, 31-A LONG, JOHN-48th District Sponsored: 5-A Co-sponsored: 31-A MACKEY, JOSEPH R., JR.-12th District Sponsored: 17-A Co-sponsored: 31-A MISHKIN, PHILIP-49th District Co-sponsored: 31-A MORSE, LUIS C.-113th District Sponsored: 7-A OSTRAU, NORMAN-96th District Sponsored: 31-A RAYSON, JOHN C.-92nd District Co-sponsored: 31-A REDDICK, ALZO J.-40th District Co-sponsored: 21-A, 31-A ROBERTS, CHARLIE-31st District Co-sponsored: 31-A RUSH, BRIAN P.-59th District Co-sponsored: 31-A SANDERSON, DEBORAH P.-93rd District Sponsored: 21-A SANSOM, DIXIE NEWTON-32nd District Co-sponsored: 31-A SAUNDERS, RON-120th District Sponsored: 31-A SIMON, ART-ll6th District Sponsored: 23-A, 27-A, 29-A SINDLER, ROBERT B.-39th District Co-sponsored: 31-A SMITH, CHARLES R.-47th District Sponsored: 17-A INDEX 18 INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES 19 STAFFORD, TRACY-94th District Co-sponsored: 31-A STONE, FRANK-34th District Co-sponsored: 21-A, 31-A TOBIN, JACK N.-88th District Co-sponsored: 31-A TRAMMELL, ROBERT DEWITT-Sth District Sponsored: 31-A JOURNAL OF THE HOUSE OF REPRESENTATIVES Miscellaneous Subjects Pages Subject Pages ORGANIZATION SESSION, November 20, 1990 xcusea osences................................................................................. z Leadership Dean of the House Dean Dean Democr Republic Members Certified Oath of M minority Leader........................................... ..................... .......... 14 .peaKer............................................ ... ........................................ Speaker pro of Men.............................. ...............................14 of W om en ...............................................................................14 atic Leadership designated .................................................... 14 can Leadership designated ......................... ..................15 d list........................................ ....................................... 1-2 Office........................................................... ................... 2, 5 Presentation of newly elected............................................................ 9 Officers Clerk; election-remarks by Reps. Davis and King.........................8 Clerk-emeritus/Historian; designation.............................................9 Sergeant at Arms; designation............................. .......................9 Speaker; election-remarks by Reps. Johnson, Saunders, Abrams, Lippman, Hill, Garcia, Sansom and Webster............................. 3-6 Speaker pro tempore; election-remarks by Reps. C. Smith, Martinez, Clark, Albright, Hanson and Hoffmann ................... 6-8 temuore .................... ...................................... Rules HR 1-Org; Rules for 1990-1992, amendments............................ 9-14 Waiver of Rules for filing bills ...................................................14 Votes Roll call adjusted......................................... ...............................5... Unanimous vote cast ............................ ............................... 5, 7 SPECIAL SESSION, November 20, 1990 Commendations ............................... .... .................. ......... 4, 7 Committees Select Committee on Rules & Calendar Appointments................................... ................................2 Clothed with powers of Standing............................... .............2 Excused Absences.......................................................... 1 Members Ostrau, Norman; birth of grandson ................................................ 6 Praver: Benediction........................................ 2. Presentation of Guests.................................................... 2-3, 5, 8, 15 Proclamation, Joint ............................... .........................................1 Remarks Clerk ............................................................ .................................. 8 Rules W aiver of R ule 6................................................................................ 6 Subject 1 5 Pravpr. l l y ..*............................ ......... .. ... .............................*............. 20 INDEX SLo. L , 1 JOURNAL OF THE HOUSE OF REPRESENTATIVES Vetoed Bills Dates shown are dates when Governor vetoed bills and sent these directly to Secretary of State for subsequent transmittal to house of origin. Where no disposition shown, veto message was not taken up by House. No. Subject 1990 Regular Session Vetoed House Bills CS/HB 345 Criminal offenses........................ ................... HB 363 Relief of Mirtha Schlussler.......................... ................. CS/HB 1189 "Local Option Tourist Development Act"............................. CS/HBs 1799, 347 & 365 Clean indoor air...................................... .............................. HB 2961 Motor vehicle insurance ....................................... ............. HB 3313 Palm Beach County ............................ ........................... HB 3383 St. Johns County coastal construction control line .............. HB 3701 Appropriations ............................................ ........................ 1990 Regular Session Vetoed Senate Bills SB 562 Growth management.............................. ........................ SB 784 Specialized state educational institutions .............................. CS/SB 870 Elections ............................... .. .... ...................... CS/SB 1422 Community redevelopment agencies....................................... CS/CS/SB 1578 "Local Option Tourist Development Act"............................ SB 1836 Hillsborough County.......................................................... CS/SB 2142 Crime prevention............................................................ CS/SB 2684 Fuel tax............................... ....... ....... ................... SB 2890 Building perm its ....................................................................... Date Sponsor and Page Numbers Vetoed Disposition Committee on Criminal Justice; Glickman and others 7 .............................. ....... .............. 7/03/90 Bloom 7..................................................... ......... 7/03/90 Committee on Commerce; Frankel and others 8............................................ 7/02/90 Committee on Health Care; Lippman and others 8 ......................................... 7/03/90 Clements and others 8............................................. 6/21/90 Healey 8-9............................................................ 7/03/90 Arnall 9.................................................................. 7/05/90 Committee on Appropriations 9-16....................... 6/26/90 Thomas ............................ .................. ............ 6/27/90 Margolis................................. .................................... 6/25/90 Committee on Ethics and Elections; Brown ............ 7/02/90 Committee on Finance, Taxation and Claims; Myers and others..................................................... 7/03/90 Committees on Finance, Taxation and Claims; Community Affairs; Weinstock .............................. 6/14/90 Davis and others....................................................... 6/25/90 Committee on Judiciary-Criminal; Kiser .................. 7/02/90 Committee on Transportation; Kiser..................... 6/21/90 Meek .......... .................................................................... 7/02/90 Died in committee Died in committee Died in committee Died in committee Died in committee Died in committee Died in committee Died in committee 21 INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES Subject Index of House and Senate Bills, Resolutions, and Memorials [Source: Information Division, Joint Legislative Management Committee] This index embraces all measures introduced in both the House and Senate. The house of origin is identified by the letter preceding each bill: H-House, S-Senate. Senate bills shown in this index include those never received by the House and their inclusion here is only for the convenience of the user interested in all the legislation introduced in the Legislature on a particular subject. (Boldfaced bill numbers passed both houses. Chapter number added if entry remains in final version of bill. Some entries shown may have been deleted from final version.) -A- ADMINISTRATION, DEPARTMENT OF Retirement Commission Members; stipend, S2-A, H9-A, H31-A(90-502) AGRICULTURE Commissioner of Agriculture Term of Office, Limitation Seven consecutive years in same office, H1-A APPROPRIATIONS General Appropriations Bill 1990 Public education capital outlay (PECO); eliminating provision re matching funds for vocational-technical facilities, H11-A, H19-A ATTORNEY GENERAL Term of Office, Limitation Seven consecutive years in same office, H1-A -B- BANKING AND FINANCE, DEPARTMENT OF Comptroller Term of Office, Limitation Seven consecutive years in same office, H1-A BOATS AND BOATING Driving Under Influence Breath alcohol level 0.10 percent or above, operation of vessels un- lawful, H21-A Forfeiture of vessel; circumstances, H21-A -C- CABINET Term of Office, Limitation Seven consecutive years in same office, Hi-A CODE OF ETHICS Financial Disclosure Donor statement, requirements, H9-A Gift value, determination, S2-A, H31-A(90-502) Gifts exceeding $100 in value, prohibited; exceptions, S2-A, H9-A, H31-A(90-502) Gifts for personal benefit, prohibited, S2-A, H9-A, H31-A(90-502) Honorarium Restrictions, reporting requirements, S2-A, H9-A, H31-A(90-502) Legislature Advisory opinions issued by general counsel of Legislature upon request by member, S2-A, H31-A(90-502) Reporting; procedures, S2-A, H9-A, H31-A(90-502) CONSTITUTIONAL AMENDMENTS Cabinet Term of Office, Limitation Seven consecutive years in same office, Hi-A County governing board members; term of office, limitation; 11 con- secutive years in same office, H1-A CONSTITUTIONAL AMENDMENTS (Cont.) Governor Term of office, limitation; seven consecutive years in same office, H1-A Legislature House of Representatives Term of Office, Limitation Eleven consecutive years, H1-A Senate Term of Office, Limitation Eleven consecutive years, Hl-A Lieutenant Governor Term of office, limitation; seven consecutive years in same office, H1-A Mayors Term of office, limitation; 11 consecutive years in same office, H1-A Municipal Governing Board Members Term of office, limitation; 11 consecutive years in same office, H1-A School Boards Term of Office, Limitation Eleven consecutive years in same office, H1-A -D- DECEPTIVE AND UNFAIR TRADE PRACTICES Price-gouging; prohibited, H17-A DRIVING UNDER INFLUENCE Breath, Blood, or Urine Tests Blood test; certain persons authorized to draw blood, H21-A Breath alcohol level 0.10 percent or above, operation of vehicles un- lawful, H21-A Evidence; admissibility, H21-A Implied consent; driver involved in motor vehicle accident; deleting restriction, H21-A Standards for unlawful alcohol levels; conversion ratio, H21-A Forfeiture of vehicle or vessel; circumstances, H21-A Normal faculties, providing definition, H21-A Penalties Fine, not to exceed $1,000; fourth or subsequent violation, H21-A Forfeiture of vehicle or vessel; circumstances, H21-A -E- EDUCATION Commissioner of Education Term of Office, Limitation Seven consecutive years in same office, H1-A Public Education Capital Outlay (PECO) Vocational-technical facilities; eliminating requirement re 25 per- cent matching funds, H11-A, H19-A EMERGENCY MANAGEMENT Price-gouging; prohibited, H17-A ETHICS CODE See: CODE OF ETHICS EVIDENCE Admissibility Accident reporting, statements made by persons involved in acci- dents; expands authority of law enforcement officer, H21-A 22 INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES EVIDENCE (Cont.) Admissibility (Cont.) Alcohol content; affidavit containing results of any test re blood or breath, H21-A Hearsay Exceptions Alcohol content; affidavit containing results of any test re blood or breath, H21-A -F- FINANCIAL DISCLOSURE Code of Ethics See: CODE OF ETHICS FOREIGN Comprehensive Economic Development Act of 1990 (ch. 90-201); re- enactment of provisions re international affairs, H23-A International Affairs Law Revision of 1990 (ch. 90-201); reenactment, H23-A FORFEITURES Motor Vehicles Driving Under Influence Circumstances, H21-A Vessels Driving under influence; circumstances, H21-A -G- GAS Motor Fuel Marketing Practices See: MOTOR FUEL MARKETING PRACTICES GOVERNOR Lieutenant Governor Term of office, limitation; seven consecutive years in same office, H1-A Term of office, limitation; seven consecutive years in same office, H1-A -L- LABOR AND EMPLOYMENT SECURITY, DEPARTMENT OF Industrial Relations Commission Members; nomination, H29-A Unemployment Appeals Commission Members; stipend, S2-A, H9-A, H31-A(90-502) LAKE COUNTY Public education capital outlay (PECO); eliminating provision re matching funds for vocational-technical facilities, H11-A, H19-A LEAVE Military Leave Public officers and employees, reservists called to active service; supplemental pay and benefits, H25-A LEE COUNTY Public education capital outlay (PECO); eliminating provision re matching funds for vocational-technical facilities, H11-A, H19-A LEGISLATIVE REVIEW Sunset Bills Physician assistants, certification; regulation, H7-A LEGISLATURE Ethics in Government, Law Revision, S2-A, H9-A, H31-A(90-502) Financial Disclosure See: CODE OF ETHICS House of Representatives Term of Office, Limitation Eleven consecutive years, H1-A Joint Legislative Management Committee Code of Conduct regulating lobbyists, recommendation; public hearings, S2-A, H31-A(90-502) Senate Term of Office, Limitation Eleven consecutive years, H1-A LOBBYISTS Code of Conduct regulating lobbyists, recommendation by Joint Leg- islative Management Committee; public hearings, S2-A, H31-A(90-502) Ethics in Government, Law Revision, S2-A, H9-A, H31-A(90-502) Financial Disclosure Donor statement, requirements, H9-A Expenditures and source of funds for expenditures, S2-A, H31-A(90-502) Penalties, violations of Code of Ethics; fine not to exceed $5,000; rep- rimand, probation, or prohibition not to exceed 24 months, S2-A, H31-A(90-502) Registration Required in both houses of Legislature, S2-A, H31-A(90-502) LOCAL GOVERNMENTS County Officers County Commissioners Term of Office, Limitation Eleven consecutive years in same office, Hl-A Municipal Officers Governing board; term of office, limitation; 11 consecutive years in same office, H1-A Mayor; term of office, limitation; 11 consecutive years in same of- fice, H1-A -M- MILITARY PERSONNEL (ARMED FORCES) Public officers and employees, reservists called to active service; sup- plemental pay and benefits, H25-A MOTOR FUEL MARKETING PRACTICES Price-gouging, H17-A -0- OIL AND GAS Motor Fuel Marketing Practices See: MOTOR FUEL MARKETING PRACTICES OSCEOLA COUNTY Public education capital outlay (PECO); eliminating provision re matching funds for vocational-technical facilities, H11-A, H19-A _P- PHYSICIANS Physician Assistants Certification, H7-A POLK COUNTY Public education capital outlay (PECO); eliminating provision re matching funds for vocational-technical facilities, H11-A, H19-A POPULAR NAMES Comprehensive Economic Development Act of 1990, H23-A, H27-A Forfeiture of Vehicle or Vessel, H21-A International Affairs Law Revision of 1990 (ch. 90-201), H23-A Price-gouging in Emergencies, H17-A Workers' Compensation Law Revision of 1990 (ch. 90-201), H27-A -R- RESOLUTIONS Farm City Week (November 16-22, 1990); recognition, S6-A Homestead (Greater Homestead/Florida City Chamber of Com- merce); commemoration, H13-A Miami (Greater South Dade/South Miami Chamber of Commerce); recognition, H15-A Sharkey, Jackie; commendation, S4-A RETIREMENT Retirement Commission See: ADMINISTRATION, DEPARTMENT OF 23 INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES SCHOOLS School Boards Term of Office, Limitation Eleven consecutive years in same office, H1-A STATE, DEPARTMENT OF Secretary of State Term of Office, Limitation Seven consecutive years in same office, H1-A -T- TRANSPORTATION State Arbitration Board Members; stipend, S2-A, H9-A, H31-A(90-502) TREASURER AND TREASURY Term of Office, Limitation Seven consecutive years in same office, H1-A -U- UNEMPLOYMENT COMPENSATION Unemployment Appeals Commission See: LABOR AND EMPLOY- MENT SECURITY, DEPARTMENT OF -V- VESSELS See: BOATS AND BOATING VOLUSIA COUNTY Public education capital outlay (PECO); eliminating provision re matching funds for vocational-technical facilities, H11-A, H19-A -W- WORKERS' COMPENSATION Comprehensive Economic Development Act of 1990 (ch. 90-201); re- enactment of provisions re workers' compensation, H27-A Construction Industry Certain persons, exclusion, H3-A, H5-A, H29-A Law Revision of 1990 (ch. 90-201); reenactment, H27-A Minimum premium policy for specified persons exempt from cover- age, requirements, H3-A Recovery, limitation re excluded persons for job-related personal in- juries, H3-A 24 INDEX JOURNAL OF THE HOUSE OF REPRESENTATIVES House Bills, Resolutions and Memorials by Number, Subject, Sponsor and Disposition To obtain the number of a bill, see the subject matter index preceding this index. Page numbers in boldfaced print indicate location of roll call votes on disposition. Abbreviations: CH-Chapter number, as passed CSP-Companion or similar bill passed DHC-Died in House committee (no action by committee) HB-House Bill HJR-House Joint Resolution HR-House Resolution ID-Introduction deferred HJR 1-A Elected Officials/Terms (Albright) 2 ID HB 3-A Workers' Compensation (Albright) 2, 6 DHC 5-A Workers' Compensation (Long) 2 ID 7-A Physician Assistants (Morse) 2 ID 9-A Ethics in Government (Lawson) 2 ID/CSP-HB 31-A 11-A Public Educ. Capital Outlay Funds (Bainter) 2, 6 DHC HR 13-A Homestead Chamber of Commerce (Cosgrove) 2 ID 15-A South Dade Chamber of Commerce (Cosgrove) 2 ID HB 17-A Unfair Pricing & Marketing Practices (Mackey) 2 ID 19-A Public Educ. Capital Outlay Funds (Kelly) 2 ID 21-A Criminal Offenses (Glickman) 2-3, 6, 16 DHC 23-A International Affairs (Simon) 3, 4-5, 6 DHC 25-A Military Leaves of Absence (Lippman) 3 ID 27-A Workers' Compensation (Simon) 3-4, 5-6 DHC 29-A Workers' Compensation (Simon) 4, 6 DHC 31-A Ethics in Government (Kelly) 4, 7, 16 CH 90-502 INDEX 25 |
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| MILLISECOND | CLASS.METHOD | MESSAGE |
|---|---|---|
| 0 | sobekcm_page_globals.constructor | |
| 0 | sobekcm_page_globals.constructor | Application State validated or built |
| 0 | sobekcm_database.verify_item_lookup_object | |
| 0 | sobekcm_page_globals.constructor | Navigation Object created from URI query string |
| 0 | sobekcm_database.verify_item_lookup_object | |
| 0 | sobekcm_page_globals.display_item | Retrieving item or group information |
| 0 | sobekcm_page_globals.get_entire_collection_hierarchy | Retrieving hierarchy information |
| 0 | sobekcm_assistant.get_entire_collection_hierarchy | |
| 0 | cached_data_manager.retrieve_item_aggregation | |
| 0 | cached_data_manager.retrieve_item_aggregation | Found item aggregation on local cache |
| 0 | item_aggregation_builder.get_item_aggregation | Found 'all' item aggregation in cache |
| 0 | system.web.ui.page.page_load (ufdc.page_load) | |
| 0 | sobekcm_page_globals.constructor.on_page_load | |
| 0 | html_echo_mainwriter.add_style_references | Adding style references to HTML |
| 0 | html_echo_mainwriter.add_text_to_page | Reading the text from the file and echoing back to the output stream |
| 50 | html_echo_mainwriter.add_text_to_page | Finished reading and writing the file |