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HIDE
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| Members of the House of Repres... | |
| March 1991 | |
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| Table of Contents | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Title Page
Page i Members of the House of Representatives Page ii Page iii Page iv Page v Page vi Page vii Page viii Page ix March 1991 Tuesday, March 5 Page 1 Page 2 Page 3 Page 4 Wednesday, March 6 Page 69 Page 70 Page 71 Page 72 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Thursday, March 7 Page 73 Page 74 Page 75 Page 76 Page 77 Friday, March 8 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Monday, March 11 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Tuesday, March 12 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Wednesday, March 13 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Thursday, March 14 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 Friday, March 15 Page 198 Page 199 Page 200 Page 201 Monday, March 18 Page 202 Page 203 Tuesday, March 19 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Page 210 Page 211 Page 212 Page 213 Page 214 Page 215 Page 216 Page 217 Page 218 Page 219 Page 220 Wednesday, March 20 Page 221 Page 222 Page 223 Page 224 Page 225 Page 226 Page 227 Thursday, March 21 Page 228 Page 229 Page 230 Page 231 Page 232 Page 233 Page 234 Page 235 Page 236 Page 237 Page 238 Page 239 Page 240 Page 241 Friday, March 22 Page 242 Page 243 Page 244 Page 245 Monday, March 25 Page 246 Page 247 Page 248 Page 249 Page 250 Page 251 Page 252 Tuesday, March 26 Page 253 Page 254 Page 255 Page 256 Page 257 Page 258 Page 259 Page 260 Page 261 Page 262 Page 263 Page 264 Page 265 Page 266 Page 267 Page 268 Page 269 Page 270 Page 271 Wednesday, March 27 Page 272 Page 273 Page 274 Page 275 Page 276 Page 277 Thursday, March 28 Page 278 Page 279 Page 280 Page 281 Page 282 Page 283 Page 284 Page 285 Page 286 Page 287 Page 288 Page 289 Page 290 Page 291 Page 292 April 1991 Monday, April 1 Page 293 Page 294 Page 295 Page 296 Page 297 Page 298 Page 299 Page 300 Tuesday, April 2 Page 301 Page 302 Page 303 Page 304 Page 305 Page 306 Page 307 Page 308 Page 309 Page 310 Page 311 Page 312 Page 313 Page 314 Page 315 Wednesday, April 3 Page 316 Page 317 Page 318 Page 319 Page 320 Page 321 Page 322 Page 323 Page 324 Page 325 Page 326 Page 327 Page 328 Page 329 Page 330 Page 331 Page 332 Page 333 Page 334 Page 335 Page 336 Page 337 Page 338 Page 339 Page 340 Page 341 Page 342 Page 343 Thursday, April 4 Page 344 Page 345 Page 346 Page 347 Page 348 Page 349 Page 350 Page 351 Page 352 Page 353 Page 354 Page 355 Page 356 Page 357 Page 358 Page 359 Page 360 Page 361 Page 362 Page 363 Page 364 Page 365 Page 366 Page 367 Page 368 Page 369 Page 370 Page 371 Page 372 Friday, April 5 Page 373 Page 374 Page 375 Page 376 Page 377 Monday, April 8 Page 378 Page 379 Page 380 Page 381 Page 382 Page 383 Page 384 Page 385 Page 386 Page 387 Page 388 Tuesday, April 9 Page 389 Page 390 Page 391 Page 392 Page 393 Page 394 Page 395 Page 396 Page 397 Page 398 Page 399 Page 400 Page 401 Page 402 Page 403 Page 404 Page 405 Page 406 Page 407 Page 408 Page 409 Page 410 Page 411 Page 412 Page 413 Page 414 Page 415 Page 416 Page 417 Page 418 Page 419 Page 420 Wednesday, April 10 Page 421 Page 422 Page 423 Page 424 Page 425 Page 426 Page 427 Page 428 Page 429 Page 430 Page 431 Page 432 Page 433 Page 434 Page 435 Page 436 Page 437 Page 438 Page 439 Page 440 Page 441 Page 442 Page 443 Page 444 Page 445 Page 446 Page 447 Page 448 Page 449 Thursday, April 11 Page 450 Page 451 Page 452 Page 453 Page 454 Page 455 Page 456 Page 457 Page 458 Page 459 Page 460 Page 461 Page 462 Page 463 Page 464 Page 465 Page 466 Page 467 Page 468 Page 469 Page 470 Page 471 Page 472 Page 473 Page 474 Page 475 Page 476 Page 477 Page 478 Page 479 Page 480 Page 481 Page 482 Page 483 Page 484 Page 485 Page 486 Page 487 Page 488 Page 489 Page 490 Page 491 Page 492 Page 493 Page 494 Page 495 Page 496 Page 497 Page 498 Page 499 Page 500 Page 501 Page 502 Monday, April 15 Page 503 Page 504 Page 505 Page 506 Page 507 Page 508 Page 509 Page 510 Page 511 Page 512 Page 513 Page 514 Page 515 Page 516 Page 517 Page 518 Page 519 Page 520 Page 521 Page 522 Page 523 Page 524 Page 525 Page 526 Page 527 Page 528 Page 529 Page 530 Tuesday, April 16 Page 531 Page 532 Page 533 Page 534 Page 535 Page 536 Page 537 Page 538 Page 539 Page 540 Page 541 Page 542 Page 543 Page 544 Page 545 Page 546 Page 547 Page 548 Page 549 Page 550 Page 551 Page 552 Page 553 Page 554 Page 555 Page 556 Page 557 Page 558 Page 559 Page 560 Page 561 Page 562 Page 563 Page 564 Page 565 Page 566 Page 567 Page 568 Page 569 Page 570 Page 571 Page 572 Page 573 Page 574 Page 575 Page 576 Page 577 Page 578 Page 579 Page 580 Page 581 Page 582 Page 583 Page 584 Page 585 Page 586 Page 587 Page 588 Wednesday, April 17 Page 589 Page 590 Page 591 Page 592 Page 593 Page 594 Page 595 Page 596 Page 597 Page 598 Page 599 Page 600 Page 601 Page 602 Page 603 Page 604 Page 605 Page 606 Page 607 Page 608 Page 609 Page 610 Page 611 Page 612 Page 613 Page 614 Page 615 Page 616 Page 617 Page 618 Page 619 Page 620 Page 621 Page 622 Page 623 Page 624 Page 625 Page 626 Page 627 Page 628 Page 629 Page 630 Page 631 Page 632 Page 633 Thursday, April 18 Page 634 Page 635 Page 636 Page 637 Page 638 Page 639 Page 640 Page 641 Page 642 Page 643 Page 644 Page 645 Page 646 Page 647 Page 648 Page 649 Page 650 Page 651 Page 652 Page 653 Page 654 Page 655 Page 656 Page 657 Page 658 Page 659 Page 660 Page 661 Page 662 Page 663 Page 664 Page 665 Page 666 Page 667 Page 668 Page 669 Page 670 Page 671 Page 672 Page 673 Page 674 Page 675 Page 676 Page 677 Page 678 Page 679 Page 680 Page 681 Page 682 Page 683 Page 684 Page 685 Page 686 Page 687 Page 688 Page 689 Page 690 Page 691 Page 692 Page 693 Page 694 Page 695 Page 696 Page 697 Page 698 Page 699 Page 700 Page 701 Page 702 Page 703 Page 704 Page 705 Page 706 Page 707 Page 708 Page 709 Page 710 Page 711 Page 712 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Page 822 Page 823 Page 824 Page 825 Page 826 Page 827 Page 828 Page 829 Page 830 Page 831 Monday, April 22 Page 832 Page 833 Page 834 Page 835 Page 836 Page 837 Page 838 Page 839 Page 840 Page 841 Page 842 Page 843 Page 844 Page 845 Page 846 Page 847 Page 848 Page 849 Page 850 Page 851 Page 852 Page 853 Page 854 Page 855 Page 856 Page 857 Page 858 Page 859 Page 860 Page 861 Page 862 Page 863 Page 864 Page 865 Page 866 Page 867 Page 868 Page 869 Page 870 Page 871 Page 872 Page 873 Page 874 Page 875 Page 876 Page 877 Page 878 Page 879 Page 880 Page 881 Page 882 Page 883 Page 884 Page 885 Page 886 Page 887 Page 888 Page 889 Page 890 Page 891 Page 892 Page 893 Page 894 Page 895 Page 896 Page 897 Page 898 Page 899 Page 900 Page 901 Page 902 Page 903 Page 904 Page 905 Page 906 Page 907 Page 908 Page 909 Page 910 Page 911 Page 912 Page 913 Page 914 Page 915 Page 916 Page 917 Page 918 Page 919 Page 920 Page 921 Page 922 Page 923 Page 924 Page 925 Page 926 Page 927 Page 928 Page 929 Page 930 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1923 Page 1924 Page 1925 Page 1926 Page 1927 Page 1928 Page 1929 Page 1930 Page 1931 Page 1932 Page 1933 Page 1934 Page 1935 Page 1936 Page 1937 Page 1938 Page 1939 Page 1940 Page 1941 Page 1942 Page 1943 Page 1944 Page 1945 Page 1946 Page 1947 Page 1948 Page 1949 Page 1950 Page 1951 Page 1952 Page 1953 Page 1954 Page 1955 Page 1956 Page 1957 Page 1958 Page 1959 Page 1960 Page 1961 Page 1962 Page 1963 Page 1964 Page 1965 Page 1966 Page 1967 Page 1968 Page 1969 Page 1970 Page 1971 Page 1972 Page 1973 Page 1974 Page 1975 Page 1976 Page 1977 Page 1978 Page 1979 Page 1980 Page 1981 Page 1982 Page 1983 Thursday, May 2 Page 1984 Page 1985 Page 1986 Page 1987 Page 1988 Page 1989 Page 1990 Page 1991 Page 1992 Page 1993 Page 1994 Page 1995 Page 1996 Page 1997 Page 1998 Page 1999 Page 2000 Page 2001 Page 2002 Page 2003 Page 2004 Page 2005 Page 2006 Page 2007 Page 2008 Page 2009 Page 2010 Page 2011 Page 2012 Page 2013 Page 2014 Page 2015 Page 2016 Page 2017 Page 2018 Page 2019 Page 2020 Page 2021 Page 2022 Page 2023 Page 2024 Page 2025 Page 2026 Page 2027 Page 2028 Page 2029 Page 2030 Page 2031 Page 2032 Page 2033 Page 2034 Page 2035 Page 2036 Page 2037 Page 2038 Page 2039 Page 2040 Page 2041 Page 2042 Page 2043 Page 2044 Page 2045 Page 2046 Page 2047 Page 2048 Page 2049 Page 2050 Page 2051 Page 2052 Page 2053 Page 2054 Page 2055 Page 2056 Page 2057 Page 2058 Page 2059 Page 2060 Page 2061 Page 2062 Page 2063 Page 2064 Page 2065 Page 2066 Page 2067 Page 2068 Page 2069 Page 2070 Page 2071 Page 2072 Page 2073 Page 2074 Page 2075 Page 2076 Page 2077 Page 2078 Page 2079 Page 2080 Page 2081 Page 2082 Page 2083 Page 2084 Page 2085 Page 2086 Page 2087 Page 2088 Page 2089 Page 2090 Page 2091 Page 2092 Page 2093 Page 2094 Page 2095 Page 2096 Page 2097 Page 2098 Page 2099 Page 2100 Page 2101 Page 2102 Page 2103 Page 2104 Page 2105 Page 2106 Page 2107 Page 2108 Page 2109 Page 2110 Page 2111 Page 2112 Page 2113 Page 2114 Page 2115 Page 2116 Page 2117 Page 2118 Page 2119 Page 2120 Page 2121 Page 2122 Page 2123 Page 2124 Page 2125 Index Page 2126 Members of the House, Bills Sponsored, and Committee Assignments Page 2127 Page 2128 Page 2129 Page 2130 Page 2131 Page 2132 Page 2133 Page 2134 Page 2135 Bills, Resolutions, and Memorials Sponsored by Committees Page 2136 Page 2137 Miscellaneous Subjects Page 2138 Page 2139 Vetoed Bills Page 2140 Subject Index of House and Senate Bills, Resolutions, and Memorials Page 2141 Page 2142 Page 2143 Page 2144 Page 2145 Page 2146 Page 2147 Page 2148 Page 2149 Page 2150 Page 2151 Page 2152 Page 2153 Page 2154 Page 2155 Page 2156 Page 2157 Page 2158 Page 2159 Page 2160 Page 2161 Page 2162 Page 2163 Page 2164 Page 2165 Page 2166 Page 2167 Page 2168 Page 2169 Page 2170 Page 2171 Page 2172 Page 2173 Page 2174 Page 2175 Page 2176 Page 2177 Page 2178 Page 2179 Page 2180 Page 2181 Page 2182 Page 2183 Page 2184 Page 2185 Page 2186 Page 2187 Page 2188 Page 2189 Page 2190 Page 2191 Page 2192 Page 2193 Page 2194 Page 2195 Page 2196 Page 2197 Page 2198 Page 2199 Page 2200 Page 2201 Page 2202 Page 2203 Page 2204 Page 2205 Page 2206 Page 2207 Page 2208 Page 2209 Page 2210 Page 2211 Page 2212 Page 2213 Page 2214 Page 2215 Page 2216 Page 2217 Page 2218 Page 2219 Page 2220 Page 2221 Page 2222 Page 2223 Page 2224 Page 2225 Page 2226 Page 2227 Page 2228 Page 2229 Page 2230 Page 2231 Page 2232 Page 2233 Page 2234 Page 2235 Page 2236 Page 2237 Page 2238 Page 2239 Page 2240 Page 2241 Page 2242 Page 2243 Page 2244 Page 2245 Page 2246 Page 2247 Page 2248 Page 2249 Page 2250 Page 2251 Page 2252 Page 2253 Page 2254 Page 2255 Page 2256 Page 2257 Page 2258 House Bills, Resolutions, and Memorials by Number, Subject, Sponsor, and Disposition Page 2259 Page 2260 Page 2261 Page 2262 Page 2263 Page 2264 Page 2265 Page 2266 Page 2267 Page 2268 Page 2269 Page 2270 Page 2271 Page 2272 Page 2273 Page 2274 Page 2275 Senate Bills, Resolutions, and Memorials (Received in House) by Number, Subject, Sponsor, and Disposition Page 2276 Page 2277 Page 2278 Page 2279 Page 2280 |
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Journal of the Florida House of Representatives Ninety-third Regular Session since Statehood in 1845 March 5 through May 2, 1991 [Including a record of transmittal of Acts subsequent to sine die adjournment] MEMBERS OF THE HOUSE OF REPRESENTATIVES [Democrats in Roman (74); Republicans in Italic (46); as of General Election] "ct 1. Part of Escambia Thomas J. "Tom" Tobiassen, Cantonment 2. Part of Escambia Buzz Ritchie, Pensacola 3. Parts of Escambia, Santa Rosa Tom Banjanin, Pensacola 4. Parts of Okaloosa, Santa Rosa [an uninhabited portion of Escambia lies within this district] Bolley L. "Bo" Johnson, Milton 5. Parts of Okaloosa, Walton Robert T. Harden, Shalimar 6. Part of Bay Scott W. Clemons, Panama City 7. Holmes, Washington and parts of Bay, Jack- son, Walton Sam Mitchell, Vernon 8. Calhoun, Gadsden, Gulf and parts of Bay, Franklin, Jackson Robert DeWitt "Rob" Trammell, Marianna 9. Liberty and parts of Franklin, Leon, Wakulla Alfred J. "Al" Lawson, Jr., Tallahassee 10. Part of Leon Hurley W. Rudd, Tallahassee 11. Dixie, Gilchrist, Jefferson, Lafayette, Levy, Taylor and parts of Citrus, Marion, Wakulla F. Allen Boyd, Jr., Monticello 12. Columbia, Hamilton, Madison, Suwannee Joseph R. "Randy" Mackey, Jr., Lake City 13. Baker, Nassau, Union and parts of Bradford, Duval George A. Crady, Yulee 14. Part of Duval Stephen R. Wise, Jacksonville 15. Part of Duval Michael Edward "Mike" Langton, Jacksonville 16. Part of Duval Betty S. Holzendorf, Jacksonville 17. Part of Duval Corrine Brown, Jacksonville 18. Part of Duval James E. "Jim" King, Jr., Jacksonville District 19. Parts of Duval, St. Johns Joseph Arnall, Jacksonville Beach 20. Part of Duval Kathy Geller Chinoy, Jacksonville 21. Clay and parts of Bradford, St. Johns Frances L. "Chance" Irvine, Orange Park 22. Flagler and parts of Putnam, St. Johns Kelley R. Smith, Palatka 23. Parts of Alachua, Putnam Cynthia Moore Chestnut, Gainesville 24. Part of Alachua David Flagg, Gainesville 25. Part of Marion George Albright, Ocala 26. Parts of Citrus, Marion Paul M. Hawkes, Crystal River 27. Parts of Lake, Marion, Putnam, Seminole, Volusia Stanley E. "Stan" Bainter, Eustis 28. Part of Volusia Richard S. "Dick" Graham, Ormond Beach 29. Part of Volusia T. K. Wetherell, Daytona Beach 30. Part of Volusia Jack Ascherl, New Smyrna Beach 31. Part of Brevard Charlie Roberts, Titusville 32. Part of Brevard Dixie Newton Sansom, Satellite Beach 33. Part of Brevard Harry C. Goode, Jr., Melbourne 34. Parts of Brevard, Orange, Seminole Frank Stone, Oviedo 35. Part of Seminole Arthur E. "Art" Grindle, Altamonte Springs 36. Parts of Orange, Seminole Robert J. "Bob" Starks, Maitland 37. Part of Orange Tom Feeney, Orlando 38. Part of Orange Bruce McEwan, Orlando District 39. Part of Orange Robert B. "Bob" Sindler, Sorrento 40. Part of Orange Alzo J. Reddick, Orlando 41. Part of Orange Daniel Webster, Orlando 42. Parts of Osceola, Polk C. Fred Jones, Auburndale 43. Part of Polk John Laurent, Bartow 44. Part of Polk Joe Viscusi, Lakeland 45. Part of Polk William Thomas "Tom" Mims, Lakeland 46. Parts of Lake, Sumter Everett A. Kelly, Tavares 47. Hernando and parts of Pasco, Sumter Charles R. "Chuck" Smith, Brooksville 48. Part of Pasco John Long, Land O'Lakes 49. Part of Pasco Philip Mishkin, Port Richey 50. Parts of Pasco, Pinellas R. Z. "Sandy" Safley, Clearwater 51. Part of Pinellas Patricia A. "Trish" Muscarella, Clearwater 52. Part of Pinellas Sandra Barringer Mortham, Largo 53. Part of Pinellas Dennis L. Jones, Treasure Island 54. Part of Pinellas Lars A. Hafner, St. Petersburg 55. Part of Pinellas Douglas L. "Tim" Jamerson, St. Petersburg 56. Part of Pinellas Peter Rudy Wallace, St. Petersburg 57. Part of Pinellas Mary M. Brennan, Pinellas Park 58. Part of Pinellas Jeffrey C. "Jeff" Huenink, Clearwater 59. Part of Hillsborough Brian P. Rush, Tampa 60. Part of Hillsborough Mary Figg, Lutz District 61. Parts of Hillsborough, Pasco Carl Carpenter, Jr., Plant City Buddy Johnson, Plant City (Elected March 12, 1991) 62. Part of Hillsborough Chris Corr, Apollo Beach 63. Part of Hillsborough James T. "Jim" Hargrett, Jr., Tampa 64. Part of Hillsborough James O. "Jim" Davis III, Tampa 65. Part of Hillsborough Elvin L. Martinez, Tampa 66. Part of Hillsborough Ronald Carl "Ron" Glickman, Tampa 67. Hardee and part of Manatee J. J. "Toby" Holland, Jr., Holmes Beach 68. Part of Manatee Peggy Simone, Bradenton 69. Parts of Manatee, Sarasota Harry Jennings, Sarasota 70. Part of Sarasota James M. Lombard, Osprey 71. Parts of Charlotte, Sarasota David L. "Dave" Thomas, Englewood 72. Parts of Charlotte, DeSoto, Lee Vernon E. Peeples, Punta Gorda 73. Part of Lee J. Keith Arnold, Fort Myers 74. Part of Lee Timothy F. "Tim" Ireland, Cape Coral 75. Parts of Collier, Lee Mary Ellen Hawkins, Naples 76. Glades, Hendry, Highlands and parts of Collier, DeSoto, Okeechobee Bert J. Harris, Jr., Lake Placid 77. Parts of Brevard, Indian River, Okeechobee, Osceola, St. Lucie Irlo "Bud" Bronson, Jr., Kissimmee 78. Parts of Brevard, Indian River, St. Lucie Charles W. Sembler II, Sebastian 79. Parts of Martin, St. Lucie Ken Pruitt, Port St. Lucie 80. Parts of Martin, Palm Beach James C. "Jim" Hill, Jr., Jupiter 81. Part of Palm Beach Marian V. Lewis, North Palm Beach District 82. Part of Palm Beach Ray Liberti, West Palm Beach 83. Part of Palm Beach Lois Jane Frankel, West Palm Beach 84. Part of Palm Beach Edward J. "Ed" Healey, West Palm Beach 85. Part of Palm Beach Mark A. Foley, Lake Worth 86. Part of Palm Beach Steve Press, Delray Beach 87. Parts of Broward, Palm Beach Carol G. Hanson, Boca Raton 88. Part of Broward Jack N. Tobin, Margate 89. Part of Broward Ben Graber, Coral Springs 90. Part of Broward Peter R. Deutsch, Tamarac 91. Part of Broward Bill Clark, Lauderdale Lakes 92. Part of Broward John C. Rayson, Pompano Beach 93. Part of Broward Deborah P. "Debby" Sanderson, Fort Lauderdale 94. Part of Broward Tracy Stafford, Wilton Manors 95. Part of Broward Anne Mackenzie, Fort Lauderdale 96. Part of Broward Norman "Norm" Ostrau, Plantation 97. Part of Broward Frederick "Fred" Lippman, Hollywood 98. Part of Broward Steven A. "Steve" Geller, Hallandale 99. Part of Broward Walter C. "Walt" Young, Pembroke Pines 100. Parts of Broward, Dade Ronald A. "Ron" Silver, North Miami Beach 101. Part of Dade Michael I. "Mike" Abrams, North Miami Beach District 102. Part of Dade Elaine Gordon, Miami 103. Part of Dade Michael Friedman, Surfside 104. Part of Dade Elaine Bloom, Miami Beach 105. Part of Dade Alberto "Al" Gutman, Miami 106. Part of Dade Darryl Reaves, Miami 107. Part of Dade James C. "Jim" Burke, Miami 108. Part of Dade Willie Logan, Jr., Opa Locka 109. Part of Dade Luis E. Rojas, Hialeah Gardens 110. Part of Dade Miguel A. De Grandy, Miami 111. Part of Dade Rodolfo "Rudy" Garcia, Jr., Hialeah 112. Part of Dade Carlos L. Valdes, Miami Springs 113. Part of Dade Luis C. Morse, Miami 114. Part of Dade J. Bruce Hoffmann, South Miami 115. Part of Dade Mario Diaz-Balart, Miami 116. Part of Dade Art Simon, Miami 117. Part of Dade Susan Guber, Miami 118. Part of Dade Daryl L. Jones, Miami 119. Part of Dade John F. Cosgrove, Miami 120. Monroe and part of Dade Ron Saunders, Key West OFFICERS OF THE HOUSE OF REPRESENTATIVES Speaker-T. K. Wetherell Speaker pro tempore-Everett Kelly Clerk-John B. Phelps Sergeant at Arms-Wayne Westmark MEMBERS OF THE HOUSE OF REPRESENTATIVES Michael I. Abrams (D) North Miami Beach District 101 Stan Bainter (R) Eustis District 27 Irlo "Bud" Bronson (D) Kissimmee District 77 Kathy Chinoy (D) Jacksonville District 20 I I George Albright (R) Ocala District 25 Tom Banjanin (R) Pensacola District 3 Corrine Brown (D) Jacksonville District 17 Bill Clark (D) Lauderdale Lakes District 91 Joseph Amall (R) Jacksonville Beach District 19 Elaine Bloom (D) Miami Beach District 104 James C. Burke (D) Miami District 107 Scott W. Clemons (D) Panama City District 6 J. Keith Arnold (D) Fort Myers District 73 F. Allen Boyd, Jr. (D) Monticello District 11 Carl Carpenter, Jr. (D) Plant City District 61 Resigned January 31, 1991 Chris Corr (R) Apollo Beach District 62 Jack Ascherl (D) New Smyma Beach District 30 Mary Brennan (D) Pinellas Park District 57 Cynthia Moore Chestnut (D) Gainesville District 23 John F. Cosgrove (D) Miami District 119 George A. Crady (D) Yulee District 13 Jim Davis (D) Tampa District 64 Miguel A. De Grandy (R) Miami District 110 PeterR. Deutsch (D) Tamarac District 90 Mario Diaz-Balart (R) Miami District 115 wa Tom Feeney (R) Orlando District 37 Michael Friedman (D) Surfside District 103 Mary Figg (D) Lutz District 60 rA-* Rodolfo Garcia, Jr. (R) Hialeah District 111 David Flagg (D) Gainesville District 24 Steven A. Geller (D) Hallandale District 98 1'1 Mark A. Foley (R) Lake Worth District 85 Ronald C. Glickman (D) Tampa District 66 Lois J. Frankel (D) West Palm Beach District 83 Harry C. Goode, Jr. (D) Melbourne District 33 A- T^ Elaine Gordon (D) North Miami District 102 Alberto Gutman (R) Miami District 105 Ben Graber, M.D. (D) Coral Springs District 89 Lars A. Hafner (D) St. Petersburg District 54 Richard S. Graham (R) Ormond Beach District 28 Carol Hanson (R) Boca Raton District 87 F- Bert J. Harris, Jr. (D) Lake Placid District 76 Paul M. Hawkes (R) Crystal River District 26 Mary Ellen Hawkins (R) Naples District 75 Art Grindle (R) Altamonte Springs District 35 Robert T. Harden (R) Fort Walton Beach District 5 Edward J. Healey (D) West Palm Beach District 84 Susan Guber (D) Miami District 117 James T. Hargrett, Jr. (D) Tampa District 63 James C. Hill, Jr. (R) Jupiter District 80 a= Bruce Hoffmann (R) South Miami District 114 r - Frances L Irvine (R) Orange Park District 21 C. Fred Jones (D) Aubumdale District 42 Michael Edward Langton (D) Jacksonville District 15 J. J. Holland, Jr. (R) Holmes Beach District 67 Douglas L. Jamerson (D) St. Petersburg District 55 Daryl L. Jones (D) Miami District 118 ii4 John Laurent (R) Bartow District 43 Betty S. Holzendorf (D) Jacksonville District 16 Harry Jennings (R) Sarasota District 69 Dennis L. Jones, D.C. (R) Treasure Island District 53 Alfred J. Lawson, Jr. (D) Tallahassee District 9 Jeffrey C. Huenink (R) Clearwater District 58 Bolley L. Johnson (D) Milton District 4 Everett A. Kelly (D) Tavares District 46 Marian V. Lewis (R) North Palm Beach District 81 Timothy F. Ireland (R) Cape Coral District 74 Buddy Johnson (R) Plant City District 61 Elected March 12, 1991 James E. King, Jr. (R) Jacksonville District 18 Ray Liberti (D) West Palm Beach District 82 Frederick Lippman (D) Hollywood District 97 Willie Logan, Jr. (D) Opa Locka District 108 James M. Lombard (R) Osprey District 70 John Long (D) Land O'Lakes District 48 Anne Mackenzie (D) Fort Lauderdale District 95 4 Joseph R. Mackey, Jr. (D) Lake City District 12 Sam Mitchell (D) Vernon District 7 --- - Vernon Peeples (D) Punta Gorda District 72 Alzo J. Reddick (D) Orlando District 40 Brian P. Rush (D) Tampa District 59 Elvin L Martinez (D) Tampa District 65 Luis C. Morse (R) Miami District 113 Steve Press (D) Delray Beach District 86 Buzz Ritchie (D) Pensacola District 2 R. Z. Safley (R) Clearwater District 50 Bruce McEwan (R) Orlando District 38 Sandra Barringer Mortham (R) Largo District 52 Kenneth P. Pruitt (R) Port St. Lucie District 79 Charlie Roberts (D) Titusville District 31 Debby P. Sanderson (R) Fort Lauderdale District 93 William Thomas Mims (D) Lakeland District 45 Patricia A. Muscarella (R) Clearwater District 51 John C. Rayson (D) Pompano Beach District 92 Luis E. Rojas (R) Hialeah District 109 Dixie Newton Sansom (R) Satellite Beach District 32 Philip Mishkin (D) Port Richey District 49 Norman Ostrau (D) Plantation District 96 Darryl Reaves (D) Miami District 106 Hurley W. Rudd (D) Tallahassee District 10 Ron Saunders (D) Key West District 120 It 1. Charles W. SemblerII (R) Sebastian District 78 Ronald A. Silver (D) North Miami Beach District 100 Art Simon (D) Miami District 116 1- Charles R. Smith (D) Brooksville District 47 Kelley R. Smith, Jr. (D) Palatka District 22 Tracy Stafford (D) Wilton Manors District 94 Peggy Simone (R) Bradenton District 68 A A Robert J. Starks (R) Maitland District 36 Robert B. Sindler, D.V.M. (D) Apopka District 39 Frank Stone (R) Oviedo District 34 David L. Thomas, M.D. (R) Sarasota District 71 Joe Viscusi (D) Lakeland District 44 Tom Tobiassen (D) Gonzalez District 1 Peter Rudy Wallace (D) St. Petersburg District 56 Jack N. Tobin (D) Margate District 88 Daniel Webster (R) Orlando District 41 Robert DeWitt Trammell (D) Marianna District 8 T. K. Wetherell (D) Daytona Beach District 29 Carlos L Valdes (R) Miami Springs District 112 Stephen R. Wise (R) Jacksonville District 14 I^2 Walter C. Young (D) Pembroke Pines District 99 t Number 1 "^ The JournalOF THE House of Representatives Tuesday, March 5, 1991 Journal of the House of Representatives for the 93rd Regular Session since statehood in 1845, convened under the Constitution of 1968, begun and held at the Capitol in the City of Tallahassee in the State of Florida, on Tuesday, March 5, 1991, being the day fixed by the Constitution for the purpose. This being the day fixed by the Constitution for the convening of the Legislature, the Members of the House of Representatives met in the Chamber at 10:30 a.m. for the beginning of the 93rd Regular Session and were called to order by the Speaker, the Honorable T. K. Wetherell. Prayer The Speaker announced that the Reverend Hal Marchman, of Astor, would serve as Minister of the Day. The following prayer was offered by Coach Bill Peterson, who was the football coach at Florida State University from 1960 to 1970, and founder of the Fellowship of Christian Athletes at Florida State University: Heavenly Father, we give You thanks for the people of Florida and for these persons whom they have elected to govern them. We thank You for our freedom and for the freedom made possible by the victory in the Persian Gulf. We give You thanks for the beauty and the bounty of the land You have placed in our keeping and for the opportunities You have given us to be of service to all of Your children. Bless, we pray, this legislative body. Let justice be their hallmark, compassion their guide and the common good their only goal. Give them understanding and patience and strength, and when their work is finished, grant that they may reflect upon their labor with gentle pride. And grant, 0 Lord, that the laws they enact and the decisions they make will be in harmony with Your will for the people they represent. Help T. K. in his new job. Give him strength and energy. Thank You for my past and present association with him. All this we ask in Your Name. Amen. The following Members were recorded present: The Chair Abrams Albright Arnall Arnold Ascherl Bainter Banjanin Bloom Boyd Brennan Bronson Brown Burke Chestnut Chinoy Clark Clemons Corr Cosgrove Crady Davis De Grandy Deutsch Diaz-Balart Feeney Figg Flagg Foley Frankel Friedman Garcia Geller 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 A quorum was present. Pledge The Members, led by Ms. Gigi Evans, pledged allegiance to the Flag. She is a staff member of the Committee on Appropriations, whose husband, Special Sergeant Charles Evans, is serving with the 101st Infantry in Saudi Arabia. House Physician The Speaker introduced Dr. Kathleen Doughney, of Daytona Beach, who was serving in the Clinic today upon invitation of Representative T. K. Wetherell, Speaker. Committee from the Senate A committee from the Senate consisting of Senators Gardner, Diaz- Balart, Weinstock, Jenne and Grizzle advanced to the well and announced that the Senate was convened and ready to transact business. Presentation of Former Speakers The Speaker presented the following former Speakers who were present today at his invitation: the Honorable T. Terrell Sessums, the Honorable Ralph H. Haben, Jr., the Honorable Ralph D. Turlington, the Honorable Donald L. Tucker, the Honorable H. Lee Moffitt, the Honorable Doyle E. Conner, the Honorable Jon L. Mills and the Honorable James Harold Thompson. Committee to the Senate On motion by Rep. Johnson, the Speaker appointed Representatives Daryl Jones, Chinoy, Mishkin, Sembler and Muscarella as a committee to notify the Senate that the House was convened and ready to transact business. The committee was excused to perform its assignment. 1 JOURNAL OF THE HOUSE OF REPRESENTATIVES 13 2 Governor Lawton Chiles advised that he desired to address the 14 Legislature in Joint Session today. 15 The following Certificate of Manpower was received: No. 77,443 In re: CERTIFICATION OF JUDICIAL MANPOWER [February 21, 1991] SHAW, C. J. Under the provisions of Article V, Section 9, of the Florida Constitution, the Florida Supreme Court is responsible for determining the need for an increase or decrease in the number of judges required to consider and dispose of cases filed before the respective courts. To this end, we have analyzed case filings and evaluated the growth in the workload of the State Courts System over the past several years, in light of additional judgeships which have been authorized each year by the Florida Legislature. As the result of this review, we are certifying the need for two district court of appeal judges, eight circuit court judges, and twelve county court judges. A comparison of the requests for new judges filed by the respective courts and the new judgeships certified as needed for fiscal year 1991-92 follows: REQUESTS / SUPREME COURT CERTIFICATION DCA 1 2 3 4 5 TOTALS REQUEST 2 CERTIFIED 2 2 2 CIRCUIT COURT COUNTY COURT CIRCUIT REQUEST CERT. COUNTY REQUEST CERT. 1 2 - 1 2 2 1 Duval Clay Pinellas 1 Volusia Putnam 1 Orange Osceola 2 1 1 1 t 1 1 2 12 1 1 1 1 1 16 17 18 19 20 TOTALS Hillsborough 2 Palm Beach 2 Broward S Brevard Seminole 1 Martin 1 1 1 12 8 2 2 2 1 2 1 1 18 12 Florida Rule of Judicial Administration 2.035(b)(2) sets forth the criteria for certification of need for additional judges in the district courts of appeal. The Court received a request for two additional judgeships from the First District Court of Appeal. In evaluating this request, we gave the greatest weight to data on the past and projected filings in that court and the composition of its caseload. The First District Court of Appeal has exclusive jurisdiction to hear workers' compensation appeals and handles a disproportionate share of appeals of administrative rulings. These two classes of cases are usually more demanding in terms of judicial time and effort than general civil and criminal appeals. Thus, they must be given greater weight in the assessment of that court's workload and need for new judgeships. Moreover, the volume of general civil and criminal appeals for the First District Court of Appeal has increased at a steady rate over the past three years. The last judgeship authorized for the First District Court of Appeal was effective in January 1989. Since that time, the workload for that court has increased by approximately 500 filings. It is projected that by the end of 1991, total filings for that court will have increased by 642 cases. This increase, coupled with the demands of worker's compensation and administrative appeals, is sufficient to justify two additional judgeships for the First District Court of Appeal. Florida Rule of Judicial Administration 2.035(b)(1) sets forth the criteria for certification of need for judges at the trial court level. As with certifications of recent years, we have placed the greatest weight on statistical data reflecting the growth and composition of caseloads filed in the various circuits and counties. We have determined that the most consistent and reliable factor at the circuit court level is total case filings per judge. Criminal, civil, probate, domestic relations, guardianship, and juvenile case filings for each circuit are also evaluated by applying different weights reflecting the differential requirements for judicial hearing time and attention. The filings per judge statistics for the county courts are adjusted to exclude worthless check offenses and criminal and civil traffic infractions (except for DUI). In addition to those factors prescribed in Florida Rule of Judicial Administration 2.035, other factors considered include the use of county and retired judges on temporary assignment; the availability of supplemental hearing resources furnished by the counties (traffic magistrates, child support hearing officers, commissioners, and general or special masters); reliance on mediation and arbitration to resolve cases; and special local circumstances that affect case handling. The need for additional judgeships at the circuit court level is more limited than in recent years. This may be due, in part, to the authorization and funding of 22 new circuit judgeships by the 1990 Legislature, which became effective January 1, 1991. Our data also shows that the rate of increase in filings in the circuit courts, which had been quite dramatic in recent years, has slowed. This is largely due to lower filing rates in the criminal divisions in many circuits. Still, we find compelling justification for eight new circuit judgeships. All of the courts for which new circuit judgeships are requested are projected to have 1991 filings levels above the 1,865 filings per judge threshold, at which this Court has determined there is substantial need for more judicial resources. Other factors such as geographical constraints affecting judicial Communications 3 4 5 6 7 8 9 10 11 2 March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES assignments, reliance on retired judges on temporary assignment, and historical assignments of county judges to hear circuit court matters weighed heavily in our decisions for selected circuits. These judgeships are critical to the ability of the circuit courts to keep up with caseloads. Each year the courts are surveyed to determine how long litigants and attorneys must wait before their cases may be heard before a judge. The survey completed this year indicates that the wait to have routine motions heard is often as much as two to three months. Civil cases that are trial ready cannot be placed on a trial docket earlier than nine to twelve months in most circuits. Data gathered by the Office of the State Courts Administrator indicates that disposition rates have leveled off in recent years, which suggests Florida judges are working at or near capacity. Pending case inventories, too, have increased. The eight judgeships we find to be needed will not enable a reversal of these trends, but they are crucial to our ability to avoid greater delays than are currently the norm in many circuits. As reported last year, county court caseloads began a relatively sharp increase in 1988, when 760,569 cases were filed. That trend has continued through 1990, when 807,264 cases were filed for a statewide increase of 46,695 cases or 6 percent. The more populous counties and counties which experience large seasonal changes in population were hardest hit by the increases. We are certifying the need for 12 new county court judgeships, the vast majority of which are for such counties. In evaluating the need for such positions, we relied principally on filings data that was adjusted to include only criminal, civil, and DUI cases. Worthless check cases, non-DUI criminal traffic, and civil traffic infractions were excluded because of their limited requirements for judicial time, the diversion of large numbers of worthless check cases in selected circuits, and the variability and volume of such cases reported from county to county. We used a range of 3,700 to 3,800 adjusted filings per judge as the threshold at which there is a presumptive need for additional judicial positions. County courts with caseloads near or exceeding that level were judged to be operating at or above capacity. County judges in such courts were found to have relatively little time to assist with case assignments at the circuit court level. Where the judges in these counties did help with the circuit court workload, it was to the detriment of case processing in the county courts. All but one of the counties for which certification of need is made are projected to have between 3,709 and 4,776 adjusted filings per judge in 1991. The one county for which we recommended a new judgeship, and for which we projected fewer than 3,700 adjusted filings per judge, was Brevard County. However, it had one of the highest levels of traffic filings in the state. Also, Brevard County maintains three widely separated court facilities which makes the sharing of judicial resources difficult. In making the certification for county court judges, the Court considered the possible impact of the change in county court jurisdiction which was effective October 1, 1990. Only three months of data on case filings since the change are available and the data is inconclusive. While the jurisdictional change may not have a dramatic effect on the workload of individual judges, we expect there will be some marginal increase in case assignments. We also considered the possible impact of implementation of the 1988 amendment to the Florida Constitution authorizing the establishment of civil traffic infraction hearing officers. Implementing legislation was passed in 1989, but only the Eleventh Judicial Circuit in Dade County and the Thirteenth Judicial Circuit in Hillsborough County are participating in a pilot program to employ traffic magistrates. County court caseloads in these counties are in the range where additional judgeships would likely be requested, but only Hillsborough County made a request this year. Hillsborough County's use of traffic magistrates was relatively limited and has been estimated to save the equivalent of only approximately three- tenths of a judgeship. Florida trial courts have continued to address workload pressures by relying heavily on the temporary assignment of retired judges. A total of 3,609 days of service were provided by retired judges in fiscal year 1989-90. This is the equivalent of approximately 15 judge years. We expect demand for retired judge service to continue to grow. Yet, budget cutbacks have forced a curtailment in the assignment of retired judges in the current budget year. The use of retired judges is the most cost effective and flexible program we have to address calendaring problems and emergencies as they arise. The Court is seeking restoration of the funds that were cut and full funding of its fiscal year 1991-92 budget request, for approximately 4,800 days of retired judge service. This is viewed as a critical companion measure of the judicial certification. Full funding for the requests certified as needed herein is deemed absolutely essential if Florida's courts are to fulfill their constitutional duties to try cases in a fair, impartial, and timely manner. It is so ordered. OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. Original Proceeding Certification of Judicial Manpower Introduction of House Concurrent Resolution On motion by Rep. Johnson, the rules were waived for introduction and consideration of a concurrent resolution. By Representative Johnson- HCR 1-Org.-A concurrent resolution providing that the House of Representatives and Senate convene in joint session for the purpose of receiving a message from the Governor. WHEREAS, His Excellency, Governor Lawton Chiles, has expressed a desire to address the Legislature in Joint Session; NOW, THEREFORE, Be It Resolved by the House of Representatives of the State of Florida, the Senate Concurring: That the House of Representatives and the Senate convene in Joint Session in the chamber of the House of Representatives at 11:00 a.m. this day, March 5, 1991, for the purpose of receiving the message of the Governor. -was read the first time by title. On motion by Rep. Lombard, the rules were waived and the concurrent resolution was read the second time by title. On motion by Rep. Johnson, the concurrent resolution was adopted and, under the rule, immediately certified to the Senate. Messages from the Senate The Honorable T. K. Wetherell, Speaker I am directed to inform the House of Representatives that the Senate has adopted HCR 1-Org. Joe Brown, Secretary The above concurrent resolution was ordered enrolled. Recessed The House stood in informal recess at 10:41 a.m. to reconvene at 10:45 a.m. Reconvened The House was called to order by the Speaker at 10:45 a.m. A quorum was present. JOINT SESSION Pursuant to HCR 1-Org., the members of the Senate, escorted by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House, were seated in the Chamber. The President and President pro tempore joined the Speaker and the Speaker pro tempore at the rostrum. The Secretary joined the Clerk at the front desk. March 5, 1991 3 JOURNAL OF THE HOUSE OF REPRESENTATIVES Arrival of Lieutenant Governor and Cabinet The Honorable Buddy MacKay, Lieutenant Governor; the Honorable Jim Smith, Secretary of State; the Honorable Robert A. Butterworth, Attorney General; the Honorable Gerald A. Lewis, Comptroller; the Honorable Tom Gallagher, Treasurer and Commissioner of Insurance; the Honorable Bob Crawford, Commissioner of Agriculture; and the Honorable Betty Castor, Commissioner of Education, constituting the Cabinet, were escorted into the Chamber by the Sergeant at Arms of the Senate and seated. Arrival of Supreme Court Chief Justice Leander J. Shaw, Jr., Justice Ben F. Overton, Justice Parker Lee McDonald, Justice Major Harding, Justice Rosemary Barkett, Justice Stephen H. Grimes, and Justice Gerald Kogan, constituting the Supreme Court, were escorted into the Chamber by the Sergeant at Arms of the House and seated. The Joint Session was called to order by the Speaker at 11:00 a.m. The Speaker presented the gavel to Gwen Margolis, President of the Senate, asking her to preside over the Joint Session. THE PRESIDENT OF THE SENATE PRESIDING A quorum of the Joint Session was declared present. Prayer The following prayer was offered by the Reverend Doctor Sean O'Sullivan, Director of D.A.R.E., Catholic Community Services, Archdiocese of Miami and Director of Florida Drug-Free Communities Project: Let us bow our heads in prayer. The prophet Amos, preaching about 800 years before Christ, saw in his country the same inequities that we ourselves see in our beloved State of Florida. He sadly beheld a nation where some people had too many material goods, and others had nothing. He grieved at the arrogance of the wealthy, their abuse of power, and their exploitation of the poor. As a man of God, he raised his voice for the poor and he became an advocate for the "anawin"-the little ones of God who have no voice. And because he did this, his place has been enshrined in history to the end of time by the Hand of the Almighty. We thank You, Lord God, for putting us in a position for doing some good for Your "anawin"-Your poor, Your helpless, Your unemployed and aged ones. For those who are homeless, those living with AIDS, those addicted mothers with child who are desperately looking for treatment. Today a new, glorious day dawns for us, replete with opportunities. We have a new Governor; we have a new President of the Senate, a woman for the first time in Florida history; and we have a new Speaker of the House. We will all stand before You someday, Almighty Father, to give You an accounting of our stewardship. Let us determine today not to listen to the narrow, vested interests of those who seek their own short-term goals and gains; rather let us listen to Your voice within our hearts crying for those who ask for better opportunities and a better "shake" from the system. Let us work towards a more just and peaceful society, where the common good is our only guide. We can still have this commitment even in these times of cut-backs and financial austerity. We thank You, Lord, for peace in the Gulf. Bring our loved ones home safely. Thank You, God, for the vocations you give us as legislators and the great opportunities You entrust to us to bring Your peace, Your joy and Your justice to our great State of Florida. In Your Holy Name, we pray. Amen. Pledge The members of the Joint Session, led by the President, pledged allegiance to the Flag. Committee to the Governor On motion by Rep. Johnson, the President appointed Senators Childers, Girardeau, Thomas, Grant and Kirkpatrick, and on behalf of the Speaker, appointed Representatives Abrams, Saunders, Silver, Gordon and Mortham as a joint committee to notify the Governor that the Legislature had assembled to receive his message. The committee retired to execute its responsibility. Upon announcement by the House Sergeant at Arms, the committee escorted Governor Chiles to the rostrum. Presentation of Governor President Margolis presented the Honorable Lawton Chiles, Governor, who addressed the Joint Session as follows: Governor's Address Madam President Margolis, Speaker Wetherell, Chief Justice Shaw and members of the Supreme Court, my teammate Lt. Governor Buddy MacKay, members of the Cabinet, members of the Senate and the House of Representatives. We are gathered here today in a time of great victory for the allied forces in the Persian Gulf, and a time of deep gratitude for the peace and freedom they have won. Some of the families of our service personnel are in the gallery today, and I know that you want to stand with me and honor them. We thank you and your loved ones for your many sacrifices in the perilous days that now-thank God-are over. And we grieve over those who went home to God during the conflict, and we pray for those still in enemy hands. Our hearts go out to all of the brave families who have borne the strain and anxiety of the last seven months. I have two invitations to extend at this time. First, I would like to invite President Gwen and Speaker T. K. to join with me in seeking the swift passage of legislation to protect the jobs of approximately 1,200 state workers who left in haste to serve their country. I have that bill ready for your consideration. And secondly, I would like to invite all Floridians who served in the Gulf to come to Tallahassee on the 4th of July for the biggest and most joyful celebration this state has ever seen! I had the privilege of seeing off the 144th Transportation Company of the Florida National Guard at Marianna; and in Fort Stewart, I sent off the Guard's 269th Signal Company, their 705th MP Unit, and the 653rd Engineer Company. It will be good to see the faces of these men and women again and to honor them for their service. I would like to invite another special group to this 4th of July celebration-our state's Vietnam War veterans. We never did get a chance to formally welcome them home, and this will give us the opportunity to thank them, too, for all of the sacrifices that they made. I can't wait for July to come! Thirty-two years ago I sat out there where you are sitting. I was a freshman legislator newly elected from Polk County. With me was my wife Rhea, now our First Lady, who had helped me get elected. She was my partner then and she is my partner now. Thank the Lord. We had three small kids-now they are married and have their own families. My mother and my dad were in the chamber with me in 1959. My father was so proud, I thought he would burst. He was a high school drop out but he went back to finish. He never got to college but worked terribly hard and demanded that my sister and I get the college education that he had missed. He died before that year was out. I was so excited-I didn't think I could stand it. Just ten years before that, in 1948, I had stood in the same chamber of the old House as a member of Boys' State and I made a covenant with myself then that I would be back here. I didn't know it then but it was the beginning of 12 of the happiest years of my life-my service in the Florida Legislature. I read where someone said that Buddy and I need to show respect for the legislature. I don't respect the legislature-I revere it. There is no higher calling of service to God's people. 4 March 5, 1991 S The JournalOF THE House of Representatives Wednesday, March 6, 1991 Introduction and Reference First Reading by Publication By Representative Geller- HB 1401-A bill to be entitled An act relating to insurance; amending s. 627.311, F.S.; requiring joint underwriting plans for motor vehicle insurance to provide a list of insureds under certain circumstances; prohibiting such plans from offering certain discounts or inducements; limiting policies issued under such plans to a specified time period; providing an effective date. Referred to the Committee on Insurance. By Representatives Webster, Sindler- HB 1423-A bill to be entitled An act relating to local government; amending ss. 125.581 and 166.0443, F.S.; authorizing certain county or municipal ordinances which require the registration or carrying of an identification card of persons engaged in certain types of employment; providing an effective date. Referred to the Committees on Community Affairs and Appropriations. By Representative Press- HB 1425-A bill to be entitled An act relating to the Department of Health and Rehabilitative Services; amending s. 20.19, F.S.; redefining the purpose of the department; providing for the appointment of ad hoc advisory committees; redefining the authority of the secretary; deleting the Deputy Secretary for Operations; transferring responsibilities for operations to the secretary; delineating responsibilities of Deputy Secretary for Health; deleting the reference to the Office of Restaurant Programs; deleting Advisory Council on Health; renaming the Deputy Secretary for Programs as the Deputy Secretary for Human Services; delineating responsibilities; providing conforming name changes throughout the section; creating the Child Support Enforcement Program Office; creating the Disability Determinations Program Office; deleting specific reference to children's mental health outcome report; deleting program office advisory councils; deleting the Medicaid Advisory Council; providing changes in the responsibilities of the district administrators; renaming the district advisory councils as the human services planning councils; providing for appointments; providing for membership configuration; providing responsibilities; providing for compensation for travel expenses; deleting subcouncils; deleting the Statewide Coordinating Council; changing the budget entities; deleting program evaluation requirement; deleting management fellows program; creating the Government and Local Units Efficiency Trust Fund; providing purpose; providing for the use of funds; providing for allocation; requiring a report on departmental monitoring requirements; amending s. 381.0615, F.S.; expanding outcome evaluation in the department; providing intent; providing definitions; requiring the department to establish a system of outcome evaluation of services provided by all programs; providing additional requirements of the Children, Youth, and Families Program Office under the system; providing for reports; requiring periodic evaluations and reports by the Auditor General; amending s. 20.04, F.S.; conforming language; amending ss. 39.021 and 39.025, F.S.; correcting cross references; renumbering s. 20.19(4)(c), F.S.; transferring language on Office of Restaurant Programs; amending ss. 402.167 and 402.47, F.S.; conforming language; amending and renumbering s. 20.19(16), F.S.; transferring language on management fellows program; conforming language; creating s. 402.60, F.S.; creating the State Human Services Commission; providing membership, powers, and duties; providing for meetings, staff, and expenses; providing for administrative placement; providing access to records; providing for confidentiality; providing for review and repeal; amending s. 409.146, F.S.; correcting a cross reference; providing a directive to statute editors; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Viscusi- HB 1427-A bill to be entitled An act relating to injection wells; creating s. 403.0863, F.S.; prohibiting the construction or operation in specified counties of Class I injection wells not previously permitted; providing for the termination of all Class I injection well activity in such counties by a specified date; amending s. 403.7222, F.S.; deleting an exception to the prohibition against disposal of hazardous waste through an injection well; providing penalties; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Long- HB 1429-A bill to be entitled An act relating to deaf persons; providing definitions; prohibiting unqualified persons from providing interpreter services, for compensation, for a deaf or hearing-impaired person; providing a misdemeanor penalty; providing an effective date. Referred to the Committee on Regulatory Reform. By Representative Burke- HB 1431-A bill to be entitled An act relating to law enforcement standards and training; creating s. 943.1715, F.S.; providing for basic skills training relating to racial and ethnic minorities; providing a definition; creating s. 943.1716, F.S.; requiring such training for continued employment; creating s. 943.1757, F.S.; providing executive level training relating to racial and ethnic minorities; requiring the Criminal Justice Executive Committee to submit a report; amending s. 943.1755, F.S.; providing for research studies relating to racial and ethnic minorities; creating s. 943.1758, F.S.; providing for revision of Criminal Justice Standards and Training relating to racial and ethnic minorities; providing a curriculum of standardized proficiency law enforcement instructions on racial and ethnic minorities; providing for use of culturally sensitive demonstrative aides; providing for trainer programs on racial and ethnic minorities; requiring a report from the commission; requiring a revised curriculum; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. 69 Number 2 70 JOURNAL OF THE HOUSE By Representative Hoffmann- HB 1433-A bill to be entitled An act relating to invasive exotic plants; creating s. 369.27, F.S.; providing for a program to control such plants on public lands; providing definitions; providing for funding through a surcharge fee on nursery certificates of registration; providing for deposit of funds in the Aquatic Plant Control Trust Fund; directing the Department of Natural Resources to adopt rules; providing for identification of species; providing for sharing funds; providing for development of biological control agents; creating s. 369.29, F.S.; providing for fees for aquatic plant control permits or exemptions; providing for the use of such fees; providing an appropriation; providing an effective date. !] Referred to the Committees on Natural Resources, Finance & Taxation By Representative Rayson- and Appropriations. By Representative Pruitt- HB 1435-A bill to be entitled An act relating to campaign financing; amending s. 106.071, F.S.; revising the penalty for failure to include a required disclaimer in political advertisements paid for by independent expenditures; amending ss. 106.143 and 106.144, F.S.; revising provisions relating to application of penalties for violation of provisions relating to certain political advertisements and endorsements; amending s. 106.25, F.S.; revising the definition of "violation" for the purposes of Florida Elections Commission jurisdiction; providing an effective date. Referred to the Committees on Ethics & Elections and Appropriations. By Representative Foley- HB 1437-A bill to be entitled An act relating to campaign finance; amending s. 106.08, F.S.; providing quarterly limitations on amounts of contributions candidates may accept in certain years; reenacting s. 106.19(1)(a), F.S., relating to penalties, to incorporate the amendment to s. 106.08, F.S., in a reference thereto; providing an effective date. Referred to the Committee on Ethics & Elections. By Representative Hawkes- HB 1439-A bill to be entitled An act relating to elections; amending s. 100.061, F.S.; changing the date of the first primary election; amending s. 100.091, F.S.; changing the date of the second primary election; providing an effective date. Referred to the Committee on Ethics & Elections. By Representative Garcia- HB 1441-A bill to be entitled An act relating to education; amending s. 228.041, F.S.; providing definition of the term education paraprofessional; amending s. 230.23, F.S., and creating s. 231.66, F.S.; providing for district school board appointment of education paraprofessionals and implementation of staff development and inservice training programs therefore; creating s. 231.67, F.S.; authorizing school district adoption of a career development program for education paraprofessionals and providing content thereof; providing an effective date. Referred to the Committee on Public Schools. By Representative Foley- HB 1443-A bill to be entitled An act relating to anatomical gifts; amending s. 732.912, F.S.; stipulating the priority of the intent of the donor; amending s. 732.922, F.S.; requiring hospital administrators to attempt to determine the existence of anatomical gifts in certain circumstances and, if such determination cannot be made, to request such gift in certain circumstances; requiring the Department of Health and Rehabilitative Services to establish rules as to the availability to hospitals of records indicating the execution of anatomical gifts; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Liberti- HB 1445-A bill to be entitled An act relating to pari-mutuel wagering; amending s. 550.35, F.S.; revising language with respect to the transmission HB 1447-A bill to be entitled An act relating to consumer protection; creating s. 501.1376, F.S.; requiring certain retail sellers of furniture to maintain a bond or other evidence of financial responsibility to respond to claims for damages under certain circumstances; providing for the application of the section; providing for waiver under certain circumstances; providing a penalty; providing an effective date. Referred to the Committees on Regulated Services & Technology and Appropriations. By Representative Brennan- HB 1449-A bill to be entitled An act relating to testimony in proceedings related to sexual abuse or other abuse; amending s. 92.53, F.S.; allowing the videotaping of the testimony of a victim or witness who is disabled or aged in certain cases of sexual abuse or other abuse; amending s. 92.54, F.S.; allowing the use of closed circuit television for testimony by a disabled adult or aged person in certain proceedings involving abuse or sexual offenses; amending s. 90.803, F.S.; providing a hearsay exception, in certain circumstances, for an out-of-court statement of a victim who is a disabled adult or aged person; providing an effective date. Referred to the Committee on Judiciary. By Representative Burke- HB 1451-A bill to be entitled An act relating to high-blood-pressure screening; providing legislative intent; authorizing screening of high-risk populations residing in public housing projects in three metropolitan counties; directing the Department of Health and Rehabilitative Services to incorporate pilot-project, screening-related activities into ongoing activities of comprehensive health improvement projects conducted by county public health units in those counties; providing for periodic reports; directing the department to seek federal funding or matching funding; providing an appropriation; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Burke- HB 1453-A bill to be entitled An act relating to bias in Florida's court system; amending s. 43.29, F.S.; requiring minority representation on the Judicial Nominating Commissions; amending s. 39.023, F.S.; requiring minority representation on the Commission on Juvenile Justice; amending s. 39.024, F.S.; requiring minority representation on the Juvenile Justice Standards and Training Council; amending s. 110.112, F.S.; requiring clerks of the circuit court to develop and implement an affirmative action plan, establish described goods, appoint an affirmative action equal employment opportunity officer, and submit an annual report; creating s. 760.51, F.S.; providing for civil actions with respect to violation of certain constitutional rights; creating s. 16.57, F.S.; creating a civil rights division in the Department of Legal Affairs; amending s. 760.04, F.S.; transferring the Commission on Human Relations to the Department of Legal Affairs; creating s. 28.34, F.S.; providing relief for salary discrimination based on gender or race for county and circuit court personnel; creating s. 27.182, F.S.; providing relief for salary discrimination based on gender or race in the office of state attorney; creating s. 27.5301, F.S.; providing relief for salary discrimination based on gender or race in the office of public defender; providing an effective date. Referred to the Committees on Judiciary and Appropriations. E OF REPRESENTATIVES March 6, 1991 of racing information; providing procedures when a horsetrack underpays or overpays purses; providing a payment to the Florida Thoroughbred Breeders' Association, Inc., for the payment of breeders' awards; amending s. 550.356, F.S.; revising language with respect to broadcasts to and from out-of-state locations to provide for the payment of a percentage of wagers to the Florida Thoroughbred Breeders' Association, Inc., for the payment of breeders' awards; creating s. 550.68, F.S.; providing for the payment of breeders' awards with respect to on-track wagering; providing an effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representative Harris- HB 1455-A bill to be entitled An act relating to motor vehicle license taxes; amending s. 320.0801, F.S.; providing an additional license tax on private use trailers; providing for the disposition of such taxes; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representative Burke- HB 1457-A bill to be entitled An act relating to consumer protection organizations; providing for disclosure to legislative bodies; providing a definition; providing for notification; providing a penalty; providing an effective date. Referred to the Committee on Ethics & Elections. By Representative Lombard- HB 1459-A bill to be entitled An act relating to public school financing; providing that district school boards may use ad valorem tax revenues collected for capital-outlay purposes to fund classroom operations under certain circumstances; providing an expiration date; providing an effective date. Referred to the Committees on Public Schools and Appropriations. By Representative Geller- HB 1461-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.02, F.S.; providing that the term "admissions" includes certain excursions on motor vehicles, aircraft, or vessels; amending s. 212.04, F.S.; exempting the sale of tickets for embarkation on vessels engaged in interstate or foreign commerce from the tax on admissions; providing an effective date. Referred to the Committees on Finance & Taxation and Appropriations. By the Committee on Regulatory Reform and Representative Tobin- HB 1841-A bill to be entitled An act relating to legislative review and repeal; rescheduling Sunset review and repeal of specified chapters and parts of chapters from October 1, 1991, to October 1, 1992; rescheduling Sundown review and repeal of specified sections and parts of chapters from October 1, 1991, to October 1, 1992; rescheduling repeal and expiration dates of other specified provisions in Florida Statutes and chapter laws from 1991 to 1992; providing an effective date. Placed on the Calendar without reference. By the Committee on Governmental Operations and Representatives Figg, Hill, C. F. Jones, Bloom, Mishkin, Clark, Hoffmann, Friedman, Press, Graham, Peeples- HB 1879-A bill to be entitled An act relating to the Administrative Procedure Act; creating s. 120.535, F.S.; requiring that certain agency statements be adopted as rules; providing for challenges to statements not adopted by rule; providing for award of costs and attorney's fees; amending s. 120.57, F.S.; providing for review of agency statements relied on in proceedings affecting substantial interests; providing that an agency may not reject or modify certain findings by a hearing officer; providing for de novo review of agency statements not adopted by rule; providing application and effect of statements; amending s. 120.68, F.S.; providing for a stay of a hearing officer's order under certain circumstances; requiring the Division of Administrative Hearings to study and develop a pilot project to establish a text retrieval system for certain orders; amending s. 163.3177, F.S.; requiring the Department of Community Affairs to adopt certain rules for reviewing certain documents and reports related to local government comprehensive plans; requiring the department to submit such rules to the Legislature by a certain date; providing for effect of such rules; providing an effective date. Referred to the Committee on Appropriations. 71 First Reading of Committee Substitutes by Publication By the Committee on Ethics & Elections and Representatives Lippman, Ostrau, Safley- CS/HB 417-A bill to be entitled An act relating to public officers, candidates for public office, and public employees; amending s. 112.312, F.S.; providing additional definitions for purposes of the code of ethics for public officers and employees and s. 8, Art. II, State Const.; amending s. 112.313, F.S.; including provisions regulating representation before certain agencies by legislators, statewide elected officers, and agency employees, and standards of conduct for legislators and legislative employees; removing provisions relating to disclosure of certain specified interests by public officers and employees and candidates for public office; revising an exemption from the prohibition against doing business with one's own agency or entering into a conflicting employment relationship and providing additional exemptions; repealing s. 112.3141, F.S., relating to representation before certain agencies by legislators, statewide elected officers, and agency employees, and standards of conduct for legislators and legislative employees; amending s. 112.3143, F.S.; revising provisions relating to voting conflicts and disclosure with respect thereto; amending s. 112.3145, F.S.; requiring certain officers, candidates, and employees who hold a specified relationship with certain business entities to file a disclosure statement as part of their financial disclosure statement; amending ss. 112.3146, 112.3147, and 112.3148, F.S.; correcting references; amending s. 112.317, F.S.; prescribing penalties for violating the code of ethics or s. 8, Art. II, State Const., relating to ethics in government; providing for civil actions to recover certain penalties; amending s. 112.320, F.S.; specifying that the Commission on Ethics is the commission provided for in s. 8, Art. II, State Const.; amending s. 112.322, F.S.; prescribing investigatory and other powers and duties of the commission with respect to a sworn complaint of a breach of the public trust; providing for issuance of advisory opinions by the commission; authorizing the commission to delegate the authority to administer oaths and issue and serve subpoenas; authorizing the commission to make rules; creating s. 112.3231, F.S.; providing time limitations for filing sworn complaints of violation with the commission; amending s. 112.324, F.S.; modifying procedures on complaints of violations of part III, ch. 112, F.S., or s. 8, Art. II, State Const.; designating proper disciplinary officials; specifying conditions under which the commission may dismiss a complaint; providing an effective date. Reports of Standing Committees The Committee on Ethics & Elections recommends the following pass: HB 909 The above bill was placed on the Calendar. The Committee on Ethics & Elections recommends a committee substitute for the following: HB 417 The above committee substitute was referred to the Committee on Appropriations and, under the rule, HB 417 was laid on the table. Prime Sponsors HB 539-Lippman Co-sponsors HB 1-Liberti HB 27-Viscusi HB 45-Grindle, Sembler HB 47-Grindle, Sembler, Lawson HBs 91, 247, 385, 391, 403, 645-Bainter HB 139-Hafner HB 147-Arnall, Bainter HB 275-Reaves HJR 277-Grindle HB 305-Deutsch HB 347-Rush, Jennings, Silver, Gordon HB 359-Holzendorf, Gutman, Roberts, Stafford, Sindler, Glickman HBs 371, 379, 395, 597, 601, 605, 607, 609; HJR 627-Hanson March 6, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES HB 427-Graham, Deutsch, Thomas, Corr, Tobin HB 429-Banjanin HB 519-Tobiassen, Jennings, Mishkin HB 521-Boyd, Lawson HB 529-Bainter, Lawson HB 539-Hafner, Frankel, Graber, Ritchie, Holzendorf, Chinoy, Figg, Cosgrove, Rudd, Flagg, Trammell, Chestnut, Daryl Jones, Mishkin, Guber, K. Smith, Harris, Langton, Brennan, Hargrett, Goode, Mackey, Stafford, Viscusi, Rayson, Reddick, Crady, Tobin, Lawson, C. F. Jones, Mitchell, Kelly, Clemons, Geller, Liberti, C. Smith, Glickman HB 553-Lawson HBs 563, 797, 813, 1029-Sindler HB 677-Arnall HB 715-Chinoy HB 753-Harris HB 773-King HB 817-Bloom HB 917-Bronson, Tobin HB 939-Graham, K. Smith HB 993-Jennings HB 997-Johnson HB 1021-Stone, Sembler, Goode, Sansom HJR 1037-Sansom HB 1141-Lewis HB 1153-Bainter, Flagg, Ostrau 72 March 6, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES In the Bible, Paul said he was imprisoned, flogged, five times received forty lashes minus one from his own people, three times was beaten with rods, once was stoned, and three times ship-wrecked. You too must bear all of these things! We must also prohibit the payment of contingency fees for lobbyists who get an appropriation of public funds for their clients. We can also strengthen the Commission on Ethics by giving them the power to initiate investigations. You are the butt of jokes-you are misunderstood-maligned-viewed We must also provide penalties for constitutional officials who fail to by much of the press as a Pulitzer prize waiting to be won. make the full financial disclosure required by the 1976 Sunshine Amendment. Still, the legislative branch of government is a vital part of a divinely inspired plan of our founding fathers, which has withstood the test of time and provided the freest government ever devised. You are the people's representatives. You are their voice clothed with the authority to speak and act for them. Awesome power-awesome responsibility. Our free government only functions with the acquiescence and consent of our people-our decision to be effective must pass the muster of our people's faith and their hope and their expectations. We are perilously close to having the people revoke our consent to govern. Like Caesar's wife-it's not enough for us to make the right decision- pass the right law-our people must believe we are right and trust in our wisdom. As we prepare to embark on our journey into the next century, there are mountains to climb, rivers to cross and much work to be done before we sleep. But first we must repair our covenant with our people. I believe that there are three major ways to strengthen our bond-the first involves how we get elected. You know Buddy and I limited our contributions to $100. You know over 75,000 people contributed to our campaign and now their names are permanently inscribed in our special interest book in my office. You know we got elected even though we were outspent more than two to one. But I don't know if you know how wonderful it is to serve and how easy it is to make decisions-when you aren't obligated to any special group, and therefore, you are free to decide on the basis of the merits of each case. I applaud your leadership for agreeing with us on a major campaign reform bill. Mr. Speaker, you've said the House could have this bill on the floor this Friday-Remarkable! This bill will limit contributions to 500 dollars per contested election- individuals-political action committees-and corporations will now be limited to 500 dollar contributions. And this law would not allow multiple subsidiaries with the same corporate ownership to contribute more than once. One corporation-one 500 dollar contribution. In some cases, the new 500 dollar limit is an 84 percent reduction from previous spending limits. Florida will have the lowest spending limit for Governor, Lt. Governor, Cabinet races and any other state or county race-if you join me in making history with this law. The other highlights of this campaign spending reform bill include: -Provisions for no campaign solicitations in public buildings. -No contributions given by lobbyists or political action committees to candidates during the session. -And most importantly, we can finally level the playing field by enticing candidates to cap the amount of money they spend in campaigns with public financing. Join me in passing the best campaign reform law in the nation. After the law you pass to protect the jobs of our service men and women, I hope this campaign bill is the next law that you send to me to sign. Our second challenge is how we conduct ourselves in restoring the people's trust. You made a good start last fall when you banned gifts valued at more than 100 dollars. Let's go the next step and strengthen the people's confidence in us by requiring quarterly reporting-by givers and recipients-of gifts over $25. Then our constituents will be able to see what we've received, and from whom. I don't pretend to be holier than thou. As the press will be quick to tell you, I'm a new governor still adjusting to life in a glass house. The sunshine can get a little warm. But I'm convinced it's time to reexamine our ways and, together, take the steps needed to regain the people's trust. Nothing we accomplish this year will be more important, or more gratifying. Step three involves how we spend the people's money wisely. Mr. Speaker and Madam President, I applaud the steps you and your leadership have taken to expose turkeys and flush them off their roosts. You know I like to hunt them too-so if any of those sneaky creatures gets through, I'll take a whack at them. Turkeys aren't the only problem we have to fix. The Constitution's Tax and Budget Reform Commission has made a number of proposals to fix our budget process-let's not wait to make these changes, because we shouldn't spend another penny under the old system. We know we have a revenue shortfall of 1.4 billion dollars. We know we are top heavy and inefficient in the way we deliver services to our people. Do we raise taxes to make up for the shortfall? Our budget says no-we suck it up and use the budget crunch to force the improvements in our delivery of services. We did not achieve our great victory in the Gulf with an army of supervisors, program coordinators and assistant secretaries-but with a lean, highly motivated, skillfully trained, superbly equipped fighting force. Like many of our state work force who are motivated, skilled and ready, I am a state employee and I am proud to be a state employee. The productivity cuts we are proposing in our budget help us to bring this about. We call for cuts of 163 million dollars, then we return half of that to the agencies to provide for increased productivity through higher salaries, better training, and improved technology. For example, the Department of Health and Rehabilitative Services came up with a plan to cut over 1,900 positions-16.7 percent of which will be from senior management and only 5.3 percent will come from career service. By cutting out the layers of bureaucracy in Tallahassee, we concentrate more staff money on the front line, where the services are delivered. And, for the employees that lose their jobs-the Department of Health and Rehabilitative Services made a covenant where they will help them secure jobs consistent with their career objectives-both in or out of the government. Does that sound like the old Department of Health and Rehabilitative Services? Two years ago our people amended our Constitution and voted overwhelmingly for a Department of Elder Affairs. Nothing has happened. The people have a right to expect us to carry out their mandate. We will craft this department to save money and see that the services we deliver are community based, more efficient, flexible and responsive. This department should be our model of how we reform other services- and we need it now. Today with our shrinking revenues, we are forced to reexamine our spending priorities. We find that they are 180 degrees out of kilter. We are spending most of our money at the back end to try to fix our crisis problems, like school dropouts and growing prison populations. These back-end solutions come too late and cost too much. We must spend wisely and recast our approach by targeting dollars on the front end-in prevention-with early access to quality health care. March 5, 1991 5 JOURNAL OF THE HOUSE OF REPRESENTATIVES We have allocated 91.5 million more dollars in our budget for "Healthy Start"-a program which will expand health care for pregnant mothers and children in need. The old way would say, "We can't afford that new effort this year-and, let's reduce the amount Chiles is asking for in tuition increases, hospital and doctor assessments on those who do not do charity work-and let the pregnant women and children wait." The dollar we spend on the front end-on these children saves a minimum of five dollars in later remedial spending. This initiative is the cornerstone of our spending proposal. If you pull it out, our house falls down and it is back to "business as usual." I believe we are at the time for a change in the cycle. It's the time to bring out the sickle to reap the harvest. It will be easier to say let's wait-we can't-it's not possible-we better not. That's not the spirit I hear from our people. What I hear is-why not now? Why not now? Why not us now? Why not? Now! Following his address, Governor Chiles was escorted from the Chamber by the Committee. The members of the Supreme Court and the Lieutenant Governor and Cabinet were escorted from the Chamber by the Sergeants at Arms of the Senate and House. For too long children have been the one group at the table without a On motion by Senator Thomas, the Joint Session was dissolved at 11:36 For too long children have been the one group at the table without a o a.m. and the Senators were escorted from the Chamber by the Senate voice. Today they have a voice-join with me and let's make it a crescendo. Sergeant at Arms. I wholeheartedly support Commissioner Castor's recommendation to reform our education system. She wants to eliminate categorical programs-to give more authority to local school districts-principals, teachers and parents-to free more dollars for the classroom-to put more of the supervisory program coordinators-the "paper pushers" back into the school rooms. Madam President, I read your reaction to my admonition that the legislature should stop trying to micromanage programs. What happened was that you heard my unartful confession to 30 years of micromanagement. "Stop me before I try to micromanage again-" I started at an early age. I made it an art. But you and I know that it doesn't work. Of all the great proviso language and great programs I've written, I can't show you any real results. To reorder our spending priorities for wiser spending we must look at results-grade on the basis of outcomes-set goals and grade our achievements. Give the level of government closest to the people the responsibility, then reward or punish them on their results. Commissioner Castor's reforms are on target. The difficult part is setting the accountability standards and I believe this is where the legislature should be working and then grading the results. Let's dare to examine the old way we were doing it. Ask ourselves if it's working-see if there is another way-try something else. My greatest frustration was trying to get the Congress to lead when the President refused to. With two houses-two parties-many voices and many philosophies- it's often impossible to chart a course. A legislature works best responding off of strong leadership from the executive. I am determined to provide that strong leadership. I may be wrong but I don't intend to be in doubt. Our people will best be served if we both are strong. Look at this stool-it's got three legs-if you pull one out it won't stand; it needs all three. The three legs are how we get elected, how we serve, and how we spend the people's money. These three legs are the House, the Senate, and the Governor. They are you, Madam President, you, Mr. Speaker, and me. We all need each other. The people, to have a steady platform on which to stand, need all three. I offer you my leg. Mr. Speaker, Madam President, I understand there are some Republicans out there in each of your houses. They look just like people from here. But I want you to know, I want to be your governor too-you are a part of this stool and a loyal opposition is a valuable part of this process. I spent six years as part of the loyal opposition and except for the honor, I'd just as soon stay in the majority. I've read all the presession newspapers and their persuasive, parsimonious pontifications, and I hear gloom and doom-what a terrible time-no money-can only be a bad session. I have never felt so hopeful, so optimistic, so expectant in my entire life. The Bible speaks of cycles of life-a time for joy-a time for sorrow-a time for plenty and want-a time for laughter and a time for weeping. Reconvened The House was called to order by the Speaker at 11:43 a.m. A quorum was present. The Speaker offered brief remarks concerning the agenda for special bills during the legislative session, and thanked the Members, Representative Lombard and the Members of the Minority for their support. He also thanked the Members for limiting their number of profiled bills. Waiver of Rule 6 for Committee Meetings and Bills On motion by Rep. Goode, Chairman, without objection, the rules were waived and the Committee on Ethics & Elections was given permission to add PCB EE 91-01 to the agenda for its meeting at 3:00 p.m. today. Presentation of Guests Representative McEwan presented the new bride of Representative Hoffmann, the former Marion Speigel, who was seated in the gallery. Representative Mortham presented the new bride of Representative Albright, the former Leslie Dughi, who was seated in the gallery. Representative Tobin presented Ms. Nancy Stafford, sister of Representative Stafford. Ms. Stafford is co-star of the television show Matlock. Representative Tobin presented the fiancee of Representative Geller, Miss Laurel Lefler, who was seated in the gallery. Announcements Representative Johnson announced that the Committee on Rules & Calendar would meet Thursday, March 7, at 12:15 p.m. Representative Hill announced the birth of a daughter, Michelle Lauren, to Representative Pruitt and his wife. Rep. Johnson moved that the House, after receiving Reports, stand in recess for the purpose of holding committee meetings and conducting other House business to reconvene at 8:30 a.m., Friday, March 8. The motion was agreed to. Introduction and Reference First Reading by Publication By Representatives Gordon, Dennis Jones, Mishkin, Tobin, Jamerson, Clark, Figg, Kelly, Healey, Young, Mitchell, Press, Abrams, Rayson, Frankel, Rojas, C. Smith, Chestnut, Reddick, Brennan, Silver- HB 1-SF-A bill to be entitled A proposal relating to universal health insurance. Referred to the Committees on Health Care and Appropriations. By Representatives Cosgrove, Healey- HJR 3-A joint resolution proposing amendments to Sections 10 and 11 of Article V of the State Constitution relating to the election of circuit court and county court judges. 6 March 5, 1991 Referred to the Committees on Judiciary and Appropriations. By Representative Gordon- HB 5-A bill to be entitled An act relating to health insurance; requiring that health insurance policies which provide benefits for certain therapeutic services also cover the services of persons licensed to practice massage; providing an effective date. Referred to the Committee on Insurance. By Representative Gordon- HB 7-A bill to be entitled An act relating to employment; providing definitions; providing for family medical leave requirements with respect to public and private employers; providing for employee benefits protection for employees who take family medical leave; providing for the effect of such leave on employee benefits; providing for prohibited acts; providing for judicial enforcement; providing for repeal; providing an effective date. 7 Referred to the Committees on Regulated Industries and Appropriations. By Representative Cosgrove- HB 23-A bill to be entitled An act relating to charitable, nonprofit, or veterans' organizations; creating s. 849.0932, F.S.; providing definitions; authorizing such organizations to conduct charity casino fund raisers under certain circumstances; providing for licensing by the Division of Administration of the Department of Business Regulation; providing powers and duties of the division; providing for fees; providing requirements of games-of-chance suppliers; providing that admission fees shall be collected in a room apart from the room where the fund raiser is conducted; providing for required statements; providing a limitation on the types of games which may be conducted and on the value of prizes; prohibiting certain persons from attending a fund raiser; restricting the location of fund raisers; providing penalties; providing for a conditional repeal; providing an effective date. Referred to the Committees on Employee & Management Relations and Referred to the Committees on Regulated Industries, Finance & Appropriations. Taxation and Appropriations. By Representative Gordon- HB 9-A bill to be entitled An act relating to state employment; amending s. 110.221, F.S.; prohibiting the state from terminating the employment of a career service employee because of the pregnancy of the employee's spouse; providing for parental leave for certain state employees; prohibiting the state from denying certain employees the use and payment for specified leave for specified reasons; amending s. 110.219, F.S., to conform; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representatives Lombard, Jennings, Muscarella, Laurent- HJR 11-A joint resolution proposing the creation of Section 19 of Article III of the State Constitution relating to terms of legislators. Referred to the Committee on Ethics & Elections. By Representative Geller- HB 13-A bill to be entitled An act relating to communications; creating s. 282.1075, F.S.; providing legislative intent; providing an obligation to share certain communication towers between state agencies and school districts, community colleges, or other state agencies; directing state agencies which own or operate certain towers to make rules; providing for requirements of such rules; providing an effective date. Referred to the Committees on Regulated Services & Technology and Appropriations. By Representative Garcia- HB 15-A bill to be entitled An act relating to capital punishment; amending s. 922.10, F.S.; requiring execution of death sentence by lethal injection; providing an effective date. Referred to the Committees on Corrections and Appropriations. HB 17-Withdrawn By Representatives Banjanin, Jennings- HB 19-A bill to be entitled An act relating to insurance; amending s. 627.733, F.S.; providing an exemption from mandatory motor vehicle insurance requirements for specified military personnel; providing an effective date. Referred to the Committee on Insurance. By Representative Tobin- HB 21-A bill to be entitled An act relating to condominiums; amending s. 718.114, F.S.; revising language with respect to the authority to conduct bingo games by condominium associations; providing an effective date. By Representative Geller- HB 25-A bill to be entitled An act relating to consumer collection practices; amending s. 559.55, F.S.; providing definitions; creating ss. 559.553-559.713, F.S.; requiring licensure of collection agencies by Department of Banking and Finance; providing exemptions; providing for application forms, fees, and periods; providing for reactivation of a license; providing for license requirements; providing for license denials; providing for a surety bond; providing for powers of department to issue and serve subpoenas; providing for issuance of a rule nisi; providing for enforcement; providing for appointment of a receiver; providing for imposition of a fine; provides for rulemaking authority; provides grounds for disciplinary proceeding; providing for disciplinary actions of the department; providing for investigations; providing for costs; providing for complaints; providing for confidentiality of certain information; providing for privilege against civil liability; providing requirements for books and records; providing for deposits into the Regulatory Trust Fund of the Division of Finance; providing criteria for trust accounts; providing procedure for validation of debts; providing procedure for communication to debtor; providing requirements for legal suits against debtor; providing for assignment of accounts; amending s. 559.715, F.S.; replacing "claim" with "debt"; amending s. 559.72, F.S.; providing a new prohibited practice; amending s. 559.77, F.S.; providing for venue; amending s. 559.78, F.S.; providing for jurisdiction; creating s. 559.781, F.S.; providing for penalties; providing for review and repeal; providing an effective date. Referred to the Committees on Regulatory Reform, Finance & Taxation and Appropriations. By Representatives Jennings, Morse, Peeples, Banjanin, Ostrau, Holland, Tobin, Sansom, C. Smith, Gutman, De Grandy, Ireland, Ascherl, Bainter, Young, Mishkin, Huenink, Thomas, Goode, Lombard, Rojas- HB 27-A bill to be entitled An act relating to mobile home park lot tenancies; amending s. 723.003, F.S.; defining the term "resale agreement" for the purposes of the Florida Mobile Home Act; amending s. 723.058, F.S., relating to restrictions on the sale of mobile homes; prohibiting the requirement of certain resale agreements as a condition of tenancy; prohibiting resale agreements of perpetual or indefinite duration; prohibiting discriminatory increases in lot rental amounts based upon refusal to enter or extend a resale agreement; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representatives Lombard, Jennings- HB 29-A bill to be entitled An act relating to educational finance; amending s. 236.081, F.S.; revising the method of computing district required local effort millage; providing an effective date. Referred to the Committees on Public Schools, Finance & Taxation and Appropriations. March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES By Representative Lombard- HB 31-A bill to be entitled An act relating to motor vehicle licenses; amending s. 320.08, F.S.; revising language with respect to license taxes for automobiles for private use, trucks, certain semitrailers, school buses, wreckers, motor vehicles for hire, and certain recreational vehicle-type units; deleting locally operated motor vehicles for hire; amending s. 320.086, F.S.; defining the term "ancient motor vehicle"; grandfathering in certain persons who hold ancient motor vehicle, horseless carriage, or historical license plates; amending ss. 212.05, 316.251, 316.261, 320.055, 320.06, 320.0609, 320.0805, 320.083, 320.0843, 320.089, and 320.133, F.S.; correcting cross references to conform to the act; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representatives Young, Geller, Healey, Jennings- HB 33-A bill to be entitled An act relating to governmental reorganization; creating a Department of Elderly Affairs; providing for its organization; transferring specified powers, duties, records, personnel, property, appropriations, allocations, and funds from the Aging and Adult Services Program Office of the Department of Health and Rehabilitative Services to the Department of Elderly Affairs; transferring to the department the State Nursing Home and Long-Term Care Facility Ombudsman Council; providing for an advisory council; prescribing council membership and terms of office; providing for requests for appropriations for council expenses; providing for review and repeal; amending s. 20.19, F.S.; redesignating the Aging and Adult Services Program Office of the Department of Health and Rehabilitative Services as the Adult Services Program Office; amending ss. 400.304, 410.011, 410.016, 410.023, 410.024, 410.0241, 410.029, 410.032, 410.201, 410.2015, 410.401, 410.402, 410.501, 410.502, 410.503, 415.103, 415.104, and 415.106, F.S., to conform; providing departmental responsibilities; defining "area agency on aging" and providing functions of such agencies; creating planning and service areas; revising provisions relating to community-care- for-the-elderly core services; requiring annual reports; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Irvine- HB 35-A bill to be entitled An act relating to sexually transmissible diseases; amending s. 384.25, F.S.; revising circumstances in which the Department of Health and Rehabilitative Services may require subject identification in certain reports of human immunodeficiency virus infection; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representative Irvine- HB 37-A bill to be entitled An act relating to onsite sewage disposal systems; amending s. 381.272, F.S.; deleting a prohibition on the permitting of onsite sewage disposal construction in certain areas; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. HJR 39-Withdrawn HB 41-Withdrawn By Representatives Long, Sansom- HB 43-A bill to be entitled An act relating to alcoholic beverages; amending s. 561.501, F.S.; providing an exemption from the surcharge on the sale of alcoholic beverages for consumption on the premises for nonprofit, charitable, and veterans' organizations; providing an effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representative Lewis- HB 45-A bill to be entitled An act relating to leaving the scene of an accident; amending s. 316.027, F.S.; increasing the penalty for leaving the scene of an accident involving personal injury or death; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representatives Lewis, Hanson- HB 47-A bill to be entitled An act relating to fines and court costs; providing for payment by credit card; providing for rules; providing an effective date. Referred to the Committees on Judiciary and Appropriations. HB 49-Withdrawn HB 51-Withdrawn HB 53-Withdrawn By Representative Wise- HB 55-A bill to be entitled An act for the relief of Mark Timothy Crawford; providing an appropriation to compensate him for the loss of his lower limbs in a car accident on the Florida Turnpike; providing an effective date. Referred to the Committee on Claims. By Representative Geller- HB 57-A bill to be entitled An act relating to condominiums; amending s. 718.116, F.S.; providing that a certain percentage of condominium maintenance liens must be paid prior to a foreclosing party obtaining a clear title to the condominium; providing an effective date. Referred to the Committee on Judiciary. By Representative Bloom- HB 59-A bill to be entitled An act relating to workers' compensation; amending s. 440.13, F.S.; providing that a health care provider may charge a fee for a deposition above the statutory limit upon approval of the court; providing an effective date. Referred to the Committees on Commerce and Appropriations. By Representatives Diaz-Balart, Jennings- HB 61-A bill to be entitled An act relating to Medicaid; providing legislative findings and intent; directing the Department of Health and Rehabilitative Services to seek a federal waiver which would permit Medicaid recipients to obtain brand name drugs under the Medicaid prescribed drug program, under described circumstances; requiring a copayment by the recipient; providing an exception; providing prescription requirements; providing responsibility of the department to advise the Legislature and implement the copayment provision; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representatives Logan, Ostrau- HB 63-A bill to be entitled An act relating to voter registration; providing for the acceptance of voter registration applications by the Department of Highway Safety and Motor Vehicles in conjunction with the issuance or renewal of drivers' licenses or identification cards; providing an exception; providing for the designation of employees to be utilized; providing for forms; amending s. 98.271, F.S.; requiring supervisors of elections to appoint volunteer deputy registrars; providing for the term of appointment; prohibiting an arbitrary limitation on the number of volunteer registrars; providing for training sessions; providing duties for volunteer registrars; providing an effective date. Referred to the Committees on Ethics & Elections and Appropriations. 8 March 5, 1991 JOURNAL OF THE HOUSI By Representative Cosgrove- HB 65-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.05, F.S.; revising requirements and conditions relating to the exemption for boats and airplanes removed from the state after purchase; revising a penalty; amending s. 212.06, F.S.; revising conditions under which property used outside the state before being imported into the state is exempt from use tax; providing a presumption; amending s. 212.07, F.S.; providing that the exemption for resale includes property purchased exclusively for rental purposes; providing procedures for entitlement to said exemption for property purchased outside the state; amending s. 212.08, F.S.; revising requirements and conditions relating to the exemption for boats temporarily docked in the state; providing that supplies purchased for vessels engaged in foreign commerce are not subject to use tax upon storage or withdrawal from storage; creating s. 212.0822, F.S.; providing legislative intent regarding out-of-state vessels; providing an effective date. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Deutsch- HB 67-A bill to be entitled An act relating to condominiums; amending s. 718.114, F.S.; revising language with respect to bingo games on condominium property; authorizing the use of gross receipts for certain purposes; providing for the donation of proceeds under certain circumstances; providing an effective date. Referred to the Committees on Regulated Industries and Appropriations. HB 69-Withdrawn By Representative Geller- HB 71-A bill to be entitled An act relating to motor vehicle insurance; amending s. 627.737, F.S.; deleting tort exemptions and limitation on right to damages; amending s. 627.731, F.S.; deleting reference to limitations on right to claim damages; amending s. 627.7403, F.S., relating to mandatory joinder of derivative claim, to conform; amending s. 627.739, F.S., relating to personal injury protection, to conform; amending s. 627.736, F.S.; providing for the selection of a physician or physicians with respect to certain personal injury protection claims from a list on record with the Department of Insurance; repealing s. 627.727(7), F.S., relating to the legal liability of an uninsured motorist coverage insurer; providing an effective date. Referred to the Committees on Insurance and Appropriations. HB 73-Withdrawn By Representatives Diaz-Balart, Bainter, Rudd, De Grandy, Ritchie, Jennings- HB 75-A bill to be entitled An act relating to motor vehicles; amending s. 320.072, F.S.; revising the exemption from the additional fees imposed for the initial registration of certain motor vehicles for members of the Armed Forces; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representative Geller- HB 77-A bill to be entitled An act relating to driving under the influence; creating s. 316.1939, F.S.; requiring that any person incarcerated for misdemeanor driving under the influence be housed in a separate minimum security facility; requiring that such person be allowed to continue to work or attend school; requiring that such person pay the costs of incarceration and rehabilitation; providing an effective date. Referred to the Committees on Corrections and Appropriations. By Representative Logan- HB 79-A bill to be entitled An act relating to the Community Development Corporation Support and Assistance Program; amending ss. March 5, 1991 E OF REPRESENTATIVES 9 290.0311 and 290.032, F.S.; revising legislative findings and purpose; amending s. 290.033, F.S.; providing definitions; amending s. 290.035, F.S.; revising the requirements which a community development corporation must meet to be eligible for assistance; providing requirements relating to election or appointment of board members; deleting provisions relating to submission of an audit to the Joint Committee on Community Development Corporations; amending s. 290.036, F.S.; revising requirements relating to proposals for administrative grants; providing requirements with respect to board membership; revising the funding cycle and providing requirements with respect thereto; providing for corporations that are ineligible for funding; providing for evaluation of funded corporations; providing that a corporation that provides certain false information is disqualified from funding; specifying the source of administrative funding; providing for monitoring, site visits, and assistance; providing requirements for annual audits; amending s. 290.037, F.S.; providing requirements for annual audits; providing for monitoring of loans; revising criteria for evaluating loan proposals; providing repayment requirements; providing for extension of loan payments or loan renegotiation under certain conditions; providing effect when payments are delinquent; amending s. 290.038, F.S.; providing authority of the Department of Community Affairs; requiring certain training; providing requirements relating to an annual report by the department; designating the subdivisions of ch. 290, F.S.; providing an effective date. Referred to the Committees on Tourism, Hospitality & Economic Development and Appropriations. By Representatives Logan, Mims, Simone- HB 81-A bill to be entitled An act relating to child support; amending s. 61.046, F.S.; redefining the term "income"; amending s. 61.11, F.S.; providing for writs in support cases; amending s. 61.13, F.S.; prohibiting discrimination with respect to sex in determining primary residence of a child; amending s. 61.1301, F.S.; providing an additional requirement with respect to income deduction orders; revising language with respect to enforcement; amending s. 61.16, F.S.; requiring attorney's fees and other costs to be assessed; amending s. 61.181, F.S.; revising language with respect to the central depository for receiving, recording, reporting, monitoring, and disbursing alimony, support, maintenance, and child support payments; providing for disbursement of certain checks; providing additional requirements for the depositing with respect to Title IV-D agencies; authorizing the depository to require certain information; amending s. 61.183, F.S.; requiring certain costs to be assessed with respect to mediation; amending s. 68.02, F.S.; including support as a reason for issuance of a writ; amending s. 88.031, F.S.; providing for a definition of support; creating s. 88.0515, F.S.; providing additional methods for enforcing orders and judgments and providing for recovery of costs; amending s. 88.331, F.S.; limiting judicial jurisdiction under certain conditions; amending s. 213.053, F.S.; authorizing release of certain information to the child support agency; amending s. 409.2554, F.S.; redefining the term "support"; expanding the definition of "administrative costs" and defining "child support services"; amending s. 409.2561, F.S.; providing for recovery of past period child support obligations; amending s. 409.2564, F.S.; specifying the attorney-client relationship in Title IV-D cases and providing authority for modifications; amending s. 409.2567, F.S.; including certain fees as administrative costs; amending s. 409.2571, F.S.; providing for services to the Title IV-D agency; amending s. 409.2577, F.S.; providing statutory clarification regarding access to confidential information; amending s. 409.2584, F.S.; revising language with respect to the interest earned on certain judgments; creating s. 409.2595, F.S.; providing authority to enter into specified contractual agreements; creating s. 409.2596, F.S.; providing for the admissibility in evidence of electronic data; creating s. 409.2598, F.S.; providing for suspension of licenses or certifications for delinquent support; amending s. 455.203, F.S.; providing for suspension of licenses for delinquent support; amending s. 559.79, F.S.; requiring additional data for license application; providing for suspension of licenses for delinquent support; requesting the Florida Supreme Court to adopt certain rules; amending s. 742.08, F.S.; providing authority for assessment of certain costs and fees with respect to default of support payments; amending s. 742.10, F.S.; revising language with respect to establishment of paternity for certain children; providing an effective date. JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committees on Judiciary and Appropriations. By Representatives Hawkins, Sansom- By Representatives De Grandy, Jennings, Rojas, Diaz-Balart, Garcia, HJR 99-A joint resolution proposing an amendment to Section 4 of Hoffmann, Ireland, Morse, Burke- Article VII and the creation of Section 20 of Article XII of the State Constitution relating to ad valorem tax assessment. HJR 83-A joint resolution proposing amendments to Sections 3 and 15 of Article III of the State Constitution relating to sessions and members of the Legislature. Referred to the Committees on Ethics & Elections and Appropriations. By Representatives Lombard, Laurent- HJR 85-A joint resolution proposing an amendment to Section 5 of Article IV and the creation of Section 20 of Article XII of the State Constitution relating to terms of Cabinet members. Referred to the Committee on Ethics & Elections. HB 87-Withdrawn By Representative De Grandy- HB 89-A bill to be entitled An act relating to criminal penalties; creating s. 775.0847, F.S.; requiring that a sentence for a crime include specified mandatory minimum penalties if, in the same criminal transaction, the violator fled from or eluded a law enforcement officer or caused property damage of a specified value or bodily injury while fleeing from a law enforcement officer; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representatives Hawkins, Chestnut, Hanson- HB 91-A bill to be entitled An act relating to water conservation; creating ss. 125.568, 166.048, and 373.625, F.S.; providing legislative findings and intent relating to the conservation of water through xeriscaping; directing counties and municipalities to enact ordinances requiring the use of xeriscaping; requiring counties and municipalities to promote xeriscaping through public education and local incentives; requiring state agencies, counties, and municipalities to use xeriscaping in or around certain facilities; requiring purchasers of automatic sprinkler systems to install rain sensor devices; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Sindler- HB 93-A bill to be entitled An act relating to water resources; creating s. 240.5329, F.S.; creating the Florida LAKEWATCH Program within the Institute of Food and Agricultural Sciences at the University of Florida; providing purpose; providing an appropriation; providing an effective date. Referred to the Committees on Agriculture and Appropriations. By Representatives Sindler, Hanson- HB 95-A bill to be entitled An act relating to sentencing; amending s. 921.187, F.S.; authorizing placement of first-time felony drug possession offenders on probation for a minimum 1-year period with conditions of paying a fine, attending a substance abuse education course and, where indicated, a substance abuse evaluation and treatment program, performing high visibility community service while wearing identifying clothing, undergoing periodic drug testing, and participating in a self-help group; authorizing withholding of adjudication; providing for disposal of fines; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Press- HB 97-A bill to be entitled An act relating to Palm Beach County; amending chapter 75-473, Laws of Florida, as amended; revising membership requirements for the Solid Waste Authority; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Community Affairs. Referred to the Committees on Finance & Taxation and Appropriations. By Representatives Hawkins, Long, Sanderson, Graham, Mortham, Pruitt, Mackenzie, Bloom, Figg, Hanson, Sansom- HB 101-A bill to be entitled An act relating to ad valorem taxation; amending s. 192.001, F.S.; revising the definition of "real property" to specify when improvements to real property are substantially completed; creating s. 192.039, F.S.; providing that such improvements substantially completed subsequent to January 1 of the prior year and prior to January 1 of the current year shall be assessed and listed on a partial-year assessment roll; providing requirements with respect thereto; providing for computation of tax on such partial-year real property; providing for application of exemptions; providing requirements when such property is replacement property; amending s. 192.042, F.S.; specifying the date of assessment of such property; amending s. 212.08, F.S.; correcting a reference; amending s. 192.091, F.S.; authorizing counties to prorate the property appraisers' additional costs of the initial year of implementing partial-year rolls among all taxing authorities; providing for reimbursement of tax collectors' actual start-up expenses of the first year partial-year assessment roll by county commissions; amending ss. 193.052 and 193.062, F.S.; requiring the filing of returns with respect thereto and specifying the date; providing for notice; amending s. 193.114, F.S.; directing the Department of Revenue to promulgate regulations for partial-year rolls and providing requirements with respect thereto; amending s. 195.027, F.S.; providing requirements with respect to department rules relating to returns of such improvements; amending s. 196.011, F.S.; providing requirements relating to application for exemption for such property; amending s. 197.3635, F.S.; providing requirements with respect to partial-year taxes included on the combined notice of ad valorem taxes and non-ad valorem assessments; authorizing a separate partial-year tax notice; creating s. 200.0695, F.S.; providing for a notice of partial-year assessment to such taxpayers; providing an effective date. Referred to the Committees on Finance & Taxation and Appropriations. HB 103-Withdrawn By Representative Albright- HJR 105-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. Referred to the Committee on Ethics & Elections. HB 107-Withdrawn By Representatives Gordon, Jennings- HB 109-A bill to be entitled An act relating to the status of women; creating s. 14.24, F.S.; establishing the Florida Commission on the Status of Women; providing for membership and organization; providing duties; authorizing the commission to receive funds; requiring a report; providing for review and repeal; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representatives Lombard, Laurent- HM 111--A memorial to the Congress of the United States petitioning the Congress of the United States to propose an amendment to the Constitution of the United States, for submission to the states, to limit the number of terms a person may serve in the United States House of Representatives to no greater than six and to limit the number of terms a person may serve in the United States Senate to no greater than two, or, 10 March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES in the alternative, to call a convention for the sole and exclusive purpose of proposing such an amendment for submission to the states for ratification. Referred to the Committee on Judiciary. HB 113-Withdrawn By Representatives Cosgrove, Jennings- HB 115-A bill to be entitled An act relating to collection agencies; creating s. 559.541, F.S.; creating the Collection Agency Practice Act and designating ss. 559.541-559.78, F.S., as part IV of chapter 559; renumbering and amending s. 559.55, F.S.; providing definitions; creating ss. 559.543, 559.544, 559.545, 559.546, 559.547, and 559.548, F.S.; requiring collection agencies to be licensed by the Department of Legal Affairs; requiring specified employees to be registered with the department; providing exemptions; providing penalties; providing procedures and qualifications for licensure and registration; providing for fees; providing for investigations; providing for disciplinary actions; providing for rules; providing for future review and repeal; providing an effective date. Referred to the Committees on Regulatory Reform, Finance & Taxation and Appropriations. HB 117-Withdrawn By Representative Cosgrove- HB 119-A bill to be entitled An act relating to transit fare evasion; amending s. 812.015, F.S.; defining the terms "transit fare evasion," "mass transit vehicle," "transit agency," "mass transit facilities," and "trespass"; providing that transit agency employees or agents having probable cause to believe that a person has committed transit fare evasion may detain such person, and such person may be arrested by law enforcement officers upon probable cause; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. HB 121-Withdrawn HB 123-Withdrawn By Representative De Grandy- HB 125-A bill to be entitled An act relating to medical products exempt from sales tax; requiring the display of a notice to consumers in retail establishments in which such products are sold; providing an effective date. Referred to the Committees on Regulated Services & Technology and Finance & Taxation. HB 127-Withdrawn By Representatives Holland, Chestnut- HB 129-A bill to be entitled An act relating to corporate income tax; amending s. 220.13, F.S.; including as additions to be added to taxable income to determine adjusted federal income certain deductions relating to advertising or promotional activities for alcoholic beverages, cigarettes, tobacco, or other tobacco products; creating s. 220.55, F.S.; providing for the transfer of a percentage of an apportioned amount based on such additions into the Alcohol Abuse Treatment, Intervention, and Prevention Trust Fund and the Florida Cancer Research and Treatment Trust Fund under certain conditions; creating the trust funds and providing for the uses thereof; providing duties of certain universities; providing an effective date. Referred to the Committees on Health & Rehabilitative Services, Finance & Taxation and Appropriations. By Representative Gordon- HB 131-A bill to be entitled An act relating to employment agencies; creating s. 501.126, F.S.; providing for regulation by the Department of Business Regulation; providing for licensing of employment agencies and registration of search and placement firms; providing intent; providing definitions; providing powers and duties of the department; requiring licensure; providing licensing procedures, prerequisites, and restrictions; requiring an employment agency to file a schedule of fees and sample contract; establishing requirements for the content of contracts with job applicants, including statement of the refund policy; prohibiting contracts for certain services from being linked to contracts for other services; requiring certain records to be kept; specifying prohibited acts; requiring the department to enforce the act; providing for rulemaking; providing for complaints and hearings; providing civil and criminal penalties; providing for license revocation or suspension; allowing the department to seek injunctions; exempting government employment agencies; providing for a review of certain employment agencies; providing that license taxes on employment agencies are not affected; requiring licensure under ch. 400, F.S., or ch. 402, F.S., for health care or personal care employment agencies; providing for review and repeal; providing an effective date. Referred to the Committees on Regulatory Reform, Finance & Taxation and Appropriations. By Representatives Geller, Tobin- HB 133-A bill to be entitled An act relating to condominiums; amending s. 718.112, F.S.; providing for requirements with respect to elections to the board of administration; limiting the use of proxies; providing an effective date. Referred to the Committee on Judiciary. By Representative Bainter- HJR 135-A joint resolution proposing an amendment to Section 15 of Article III and the creation of Section 20 of Article XII of the State Constitution relating to terms of members of the house of representatives. Referred to the Committee on Ethics & Elections. By Representative McEwan- HB 137-A bill to be entitled An act relating to motor vehicle insurance; amending ss. 324.022, 324.051, 324.061, 324.071, 324.121, 324.131, 324.191, and 627.7275, F.S.; requiring personal injury liability motor vehicle insurance in a certain amount; providing an effective date. Referred to the Committees on Insurance and Appropriations. By Representatives Safley, Mortham, Sansom, Hanson, Muscarella- HB 139-A bill to be entitled An act relating to resource recovery; creating the Recycling Markets Resource Task Force; providing purpose; providing membership; providing for administration; providing for reimbursement of expenses; requiring a report; providing for termination of the task force; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representatives Rudd, McEwan, Reddick, Sindler- HB 141-A bill to be entitled An act relating to state attorney investigators; providing a competitive pay adjustment for state attorney investigators; providing for adjustments in pay plans to conform; providing a retroactive effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative Sindler- HB 143-A bill to be entitled An act relating to the Teachers' Retirement System; amending s. 238.07, F.S.; providing that the normal retirement age for a member of the system shall be any age with 30 years of service; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. March 5, 1991 11 JOURNAL OF THE HOUSE OF REPRESENTATIVES By Representatives Guber, Tobin, Hanson, Sansom- HB 145-A bill to be entitled An act relating to the Department of Highway Safety and Motor Vehicles; amending ss. 319.17, 320.05, and 322.20, F.S.; providing exemptions from public records requirements for, and limiting the authority of the department with respect to the release of, street addresses of owners of vehicles and licensed drivers; providing for review and repeal; providing an effective date. Referred to the Committee on Governmental Operations. By Representatives Banjanin, Ascherl, Gutman, Jennings, Stone, Kelly, Grindle, Bronson, Reddick, Starks, Saunders, Sindler, Dennis Jones, Cosgrove, Sansom, Tobin, Hoffmann, Albright, De Grandy- HB 147-A bill to be entitled An act relating to motor vehicle license plates; providing for issuance of "Purple Heart" license plates to recipients of the Purple Heart; requiring payment of a use fee in order to be issued such a license plate; requiring the Department of Highway Safety and Motor Vehicles to transfer the proceeds of such fee to the State Treasury for deposit into the State Homes for Veterans Trust Fund for use for the construction and operation of domiciliary and nursing homes for veterans; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. HB 149-Withdrawn HB 151-Withdrawn By Representatives Ascherl, Sanderson- HB 153-A bill to be entitled An act relating to homeowners' associations; creating part II of ch. 607, F.S.; providing definitions; providing for maintenance of official records of homeowners' associations and access thereto by parcel owners; providing for financial reports to parcel owners; providing for notice of the annual budget and of the annual budget meeting; providing for the right of parcel owners to attend the budget meeting; providing for transfer of control of homeowners' associations from the developer to parcel owners other than the developer; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Ascherl- HB 155-A bill to be entitled An act relating to jurors; amending s. 40.013, F.S.; revising language with respect to persons disqualified or excused from jury service; amending s. 40.23, F.S.; providing for venires capable of processing a one day/one trial jury system; providing for a liberal postponement policy; providing for strict enforcement of juror summons; amending s. 40.24, F.S.; providing for a juror compensation and reimbursement policy; providing for employers to compensate employees summoned for jury duty; providing for hardship for employers or those self-employed; providing for compensation for unemployed jurors; creating s. 40.281, F.S.; providing for studies, research, and new procedures to be developed by the Supreme Court; amending s. 40.41, F.S.; providing that jurors shall serve for 1 day or the completion of one trial, whichever is longer, providing and effective date. Referred to the Committees on Judiciary, Finance & Taxation and Appropriations. By Representative Wise- HB 157-A bill to be entitled An act relating to community colleges; amending s. 240.319, F.S.; revising policies relating to credit card payments for goods, services, tuition, or fees; providing an effective date. Referred to the Committees on Postsecondary Education, Finance & Taxation and Appropriations. By Representatives Wise, Corr- HB 159-A bill to be entitled An act relating to motor vehicles; creating s. 320.0851, F.S.; requiring display of special license plates on vehicles registered by persons convicted of driving under the influence; providing for rules; providing for fees and specifying disposition thereof; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. HB 161-Withdrawn By Representatives Tobin, Lippman, Jennings, Young- HB 163-A bill to be entitled An act relating to labor regulations; prohibiting employers from taking retaliatory personnel action against employees under certain conditions; authorizing civil actions and providing specified relief; providing for certain employer relief; providing an effective date. Referred to the Committee on Employee & Management Relations. By Representatives Sindler, King, De Grandy- HB 165-A bill to be entitled An act relating to traffic control; amending s. 316.1935, F.S.; increasing the penalty for fleeing or attempting to elude a police officer; requiring operation of siren and lights by such officer; requiring revocation of a violator's driver's license; prohibiting suspension, deferral, or withholding of adjudication of guilt or imposition of sentence; prohibiting issuance of a driver's license to certain violators for specified periods; providing requirements with respect to pursuit by an unmarked police vehicle, including a penalty; creating s. 316.1939, F.S.; requiring law enforcement agencies to adopt guidelines for vehicular pursuits; specifying certain content of the guidelines; establishing requirements and prohibitions for vehicular pursuits by law enforcement officers; providing effective dates. Referred to the Committees on Criminal Justice and Appropriations. By Representative Rudd- HB 167-A bill to be entitled An act relating to public officers and employees; amending s. 112.061, F.S.; increasing the mileage allowance paid for travel by automobile; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representative Geller- HB 169-A bill to be entitled An act relating to driving with a suspended license; amending s. 322.34, F.S.; providing for the seizure and forfeiture of the vehicle owned by a person convicted a specified number of times of driving with a suspended license; providing procedures; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. HB 171-Withdrawn HB 173-Withdrawn By Representatives Grindle, Cosgrove, Bainter, Webster, Huenink, Stone, Lewis, Reddick, Jennings, Morse, Healey, Bronson, Hanson, Hawkins, Pruitt, Safley- HB 175-A bill to be entitled An act relating to private toll roadways; providing definitions; authorizing private persons to construct, operate, extend, or enlarge toll roadways pursuant to a certificate of authority issued by the Florida Transportation Commission of the Department of Transportation; specifying application requirements for a certificate; specifying criteria for the issuance of a certificate; authorizing the Department of Transportation and affected local governmental entities to charge an application review fee; requiring the department to monitor the operation of private toll roadways; requiring each operator of a toll roadway to report certain information to the department; authorizing the department to exclude certain expenses of an operator from costs and to approve or revise the toll rates charged on such roadways; authorizing the department under specified circumstances to exercise the power of 12 March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES eminent domain to acquire real property for such toll roadways and to dispose of such property; requiring the operator of a private toll roadway to keep the roadway open to the public except when the roadway is under repair or construction; requiring certain expenditures of toll proceeds; prohibiting the charging of tolls in a discriminatory manner; authorizing operators to extend or enlarge their toll roadways under certain circumstances; authorizing toll roadway operators to charge tolls on toll roadways based upon traffic classifications, to develop and enforce certain regulations on the toll roadways, and to establish commuter lanes on toll roadways; requiring an applicant to enter into a contract with the department by which the department is authorized to review and inspect plans, specifications, and construction of the toll roadway; prohibiting construction on a private toll roadway without inspections and approval by the department of each stage of construction; requiring a toll roadway operator to maintain accounts to pay for repairs and maintenance of the toll roadway; requiring a toll roadway operator to maintain liability insurance on the toll roadway; exempting the department from tort liability; authorizing toll roadway operators to cross navigable watercourses; providing for the crossing of highways, roads, and railroads by such toll roadways; providing for the crossing or relocation of the facilities of public utilities and railroads affected by the construction of such a toll roadway; specifying conditions under which a certificate of authority is in default; authorizing the department to take certain action if a toll roadway operator has defaulted; providing for the expiration of certificates of authority; providing for the reversion to the state of toll roadways upon the expiration of such certificates; providing for the continuation of tolls on projects operated by the department; specifying uses of such tolls; authorizing negotiations between applicants or certificateholders and local governmental entities regarding exemptions from taxation; authorizing joint ventures between a person and a local governmental entity; authorizing state and local law enforcement authorities to patrol traffic and enforce laws on toll roadways; providing that state laws apply to persons on such toll roadways; amending s. 20.23, F.S.; authorizing the Florida Transportation Commission of the Department of Transportation to issue certificates of authority to construct, extend, or enlarge private toll roadways; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representatives Reddick, Gordon, Friedman, Roberts, Tobin, Liberti, Young, Jennings, Davis, Bainter, Simone, Flagg, Mortham- HB 177-A bill to be entitled An act relating to energy; amending s. 187.201, F.S.; providing policy in the state comprehensive plan with respect to renewable energy technologies and passive solar design techniques; amending s. 186.801, F.S.; requiring consideration of alternatives to electric utility site plans that increase the use of renewable resources; amending s. 196.175, F.S.; extending the property tax exemption for installation of renewable energy devices; amending s. 366.81, F.S.; requiring the Florida Public Service Commission, in reviewing utility energy efficiency and conservation plans, to consider certain economic effects of specified energy resources and systems; amending s. 366.82, F.S.; authorizing utility conservation plans to include reliance on solar and other renewable technologies; amending s. 163.04, F.S.; providing that deed restrictions or similar covenants or agreements may not prohibit energy devices based on renewable sources; amending s. 489.105, F.S.; defining "solar contractor"; amending s. 489.113, F.S.; providing that a solar contractor shall not be required to subcontract certain work; providing an effective date. HR 181-A resolution recognizing the creation of the Greater South Dade/South Miami Chamber of Commerce. Referred to the Committee on Rules & Calendar. By Representatives Tobiassen, Irvine- HB 183-A bill to be entitled An act relating to government documents; requiring all official documents issued by state or local governmental entities to be written in English; providing exceptions; providing an effective date. Referred to the Committee on Governmental Operations. By Representative Bloom- HB 185-A bill to be entitled An act relating to county or municipal code enforcement; amending s. 162.09, F.S.; establishing the priority of liens created pursuant to the Local Government Code Enforcement Boards Act; providing an effective date. Referred to the Committees on Judiciary, Finance & Taxation and Appropriations. By Representatives Lippman, Johnson, King, Tobin, Rayson, Mackenzie, Clark, Hanson, Holzendorf, Stone, Friedman, Burke, Young, Kelly, Lewis, Graber, Langton, Harden, Deutsch, Grindle- HB 187-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. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative De Grandy- HB 189-A bill to be entitled An act relating to the relief of Yolanda Amara Torres, individually, and as mother and natural guardian of Oscar Rosa, a minor, for injuries sustained by Oscar Rosa through the negligence of Metropolitan Dade County; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Claims. By Representative Hargrett- HJR 191-A joint resolution proposing an amendment to Section 7 of Article X of the State Constitution relating to lotteries. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representative Hargrett- HB 193-A bill to be entitled An act relating to games of chance; amending s. 849.0935, F.S.; providing definitions; authorizing certain organizations to conduct drawings by chance or raffles; authorizing requirement of payment of a fee or contribution; specifying use of proceeds; requiring maintenance of records; providing for inspection of records; limiting individuals who may participate in the conduct of games; prohibiting compensation to persons conducting such games; prohibiting use of mechanical or electrical devices or media; prohibiting drawings contingent on other contests; providing a conditional effective date. Referred to the Committees on Regulated Services & Technology, Referred to the Committees on Regulated Industries and Finance & Finance & Taxation and Appropriations. Taxation. By Representative Cosgrove- HR 179-A resolution commemorating the 75th Anniversary of the Greater Homestead/Florida City Chamber of Commerce. Referred to the Committee on Rules & Calendar. By Representative Cosgrove- HB 195-Withdrawn By Representatives Sansom, Bronson, Hanson- HB 197-A bill to be entitled An act relating to the district school system; creating s. 232.276, F.S.; requiring parenting workshops in certain instances of student referral for discipline purposes; providing an effective date. 13 March 5, 1991 14 JOURNAL OF THE HOUSE Referred to the Committees on Public Schools and Appropriations. HB 199-Withdrawn By Representatives Harris, Thomas, Hawkins, Ireland, Arnold, Peeples- HB 201-A bill to be entitled An act relating to citrus; amending s. 601.091, F.S.; defining the "Gulf" production area; providing an effective date. Referred to the Committee on Agriculture. By Representatives Rudd, Grindle- HB 203-A bill to be entitled An act relating to radio communication; prohibiting counties and municipalities from enacting or enforcing restrictive ordinances governing amateur radio antennas; providing for construction of such antennas in conformance with federal requirements; providing for the application of the act; providing an effective date. Referred to the Committee on Regulated Services & Technology. HB 205-Withdrawn By Representative Geller- HB 207-A bill to be entitled An act relating to civil actions; creating s. 69.091, F.S.; providing that a civil action in which a person of a specified age is a party must be brought to trial within a specified time after a motion therefore; providing circumstances under which the court may deny such motion; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Cosgrove- HB 209-A bill to be entitled An act relating to tax on sales, use, and other transactions; creating s. 212.0515, F.S.; providing for computation of the tax to be paid on food and beverages sold in vending machines; requiring registration of vending machine operators and display of notice on machines; requiring quarterly reports; providing for the disposition of the proceeds of the tax; providing penalties; amending s. 212.20, F.S., relating to disposition of tax revenues, to conform; amending s. 218.65, F.S.; correcting a reference; amending s. 212.12, F.S.; requiring that sales made through such vending machines be separately shown on returns; providing effective dates. Referred to the Committees on Tourism, Hospitality & Economic Development, Finance & Taxation and Appropriations. By Representatives Morse, Garcia- HB 211-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. Referred to the Committee on Regulatory Reform. HB 213-Withdrawn By Representative Irvine- HB 215-A bill to be entitled An act relating to criminal penalties; amending s. 228.091, F.S.; increasing the penalties for trespass upon grounds or facilities of public schools; amending s. 230.23, F.S.; providing for school boards to add specified notice of possible criminal penalties to codes of student conduct; amending s. 39.037, F.S.; requiring notification of the district school superintendent or his designee of the taking into custody of a student under certain circumstances; providing an exemption from public records requirements; providing for future review and repeal; providing for removal of information from school records; amending s. 790.01, F.S.; providing for increased penalties for carrying concealed E OF REPRESENTATIVES March 5, 1991 weapons or firearms upon grounds or facilities of public and nonpublic schools; amending s. 790.10, F.S.; adding destructive devices to weapons which may not be improperly exhibited; providing for unlawful possession and discharge of weapons and firearms on school property and at school functions; providing a definition; providing exceptions; providing penalties, including a mandatory minimum term of imprisonment for unlawful discharge in certain circumstances; amending s. 790.06, F.S., to conform; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative De Grandy- HB 217-A bill to be entitled An act relating to theft; creating s. 812.017, F.S.; providing for imposition of mandatory minimum penalties for theft of a motor vehicle in specified circumstances; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representatives Cosgrove, De Grandy- HB 219-A bill to be entitled An act relating to law enforcement officers; amending s. 112.531, F.S.; including deputy sheriffs within the term "law enforcement officer" for purpose of laws relating to rights of law enforcement officers; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representatives K. Smith, Bainter, Chestnut- HB 221-A bill to be entitled An act relating to sensory-impaired children; creating s. 402.325, F.S.; providing for release of identifiable information by a parent or legal guardian; providing duties of the Department of Health and Rehabilitative Services; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representative Tobiassen- HB 223-A bill to be entitled An act relating to corporate income tax; amending s. 220.15, F.S.; revising the apportionment fraction used in the apportionment of adjusted federal income; providing an effective date. Referred to the Committees on Finance & Taxation and Appropriations. By Representatives Jennings, Simone, Lombard, Holland- HB 225-A bill to be entitled An act relating to the Southwest Florida Water Management District; amending s. 373.073, F.S.; providing that a member of the district governing board be a resident of Manatee County; repealing the requirement that a member be a resident of Sarasota County; providing that Sarasota County is included among the counties from which at-large members of the governing board will be selected; providing applicability; providing an effective date. Referred to the Committee on Natural Resources. By Representatives Jennings, Hawkins, Glickman, Ireland, Mackenzie, Gordon, Brennan, Mishkin, Press- HB 227-A bill to be entitled An act relating to the membership of statutorily created boards, commissions, councils, and committees of the state; declaring state policy with respect to the gender balance of the membership of such bodies; prohibiting the appointment or reappointment of a person to such a body if the appointment or reappointment would cause the number of appointive members of that body who are of one gender to exceed a certain number; providing exceptions; providing an effective date. Referred to the Committee on Governmental Operations. By Representative Boyd- HB 229-A bill to be entitled An act relating to detention facilities; amending s. 951.23, F.S.; requiring that minimum standards and requirements for county and municipal detention facilities be consistent with certain judicial decisions or statutes; specifying circumstances for custody of inmates in reduced custody housing areas; providing an effective date. Referred to the Committees on Corrections and Appropriations. HB 231-Withdrawn By Representative Reddick- HB 233-A bill to be entitled An act relating to drivers' licenses; amending s. 322.12, F.S.; providing that certain persons who have had drivers' licenses from another state or country shall not be required to take a practical examination to be licensed in this state under certain circumstances; amending s. 322.21, F.S.; providing for a surcharge upon all drivers' licenses; providing for the disposition of the surcharge; amending ss. 394.463 and 394.467, F.S.; providing for involuntary examination and placement of persons who are addicted to certain controlled substances under certain circumstances; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representative Banjanin- HJR 235-A joint resolution proposing an amendment to Section 6 of Article VII and the creation of Section 20 of Article XII of the State Constitution relating to homestead exemption. Referred to the Committees on Employee & Management Relations, Finance & Taxation and Appropriations. By Representative Guber- HB 237-A bill to be entitled An act relating to tax on tobacco products; amending s. 210.25, F.S.; including cigars within the definition of "tobacco products" for purposes of the imposition of tax thereon; amending s. 210.70, F.S.; providing that the revenues from the tax on cigars be used to implement health care programs for school-age children; providing an effective date. Referred to the Committees on Public Schools, Finance & Taxation and Appropriations. By Representative Holzendorf- HB 239-A bill to be entitled An act relating to the Public Advocate; creating s. 11.71, F.S.; creating the "Public Advocate Act"; providing definitions; creating the Office of Public Advocate in the legislative branch of state government; providing for the appointment of the Public Advocate; providing powers and duties; amending s. 393.13, F.S.; redesignating the district human rights advocacy committee as the district human rights advocacy commission; amending ss. 394.459, 394.715, and 400.304, F.S., to conform; amending s. 402.165, F.S.; redesignating the Statewide Human Rights Advocacy Committee as the Statewide Human Rights Advocacy Commission; assigning the Statewide Human Rights Advocacy Commission to the Office of the Public Advocate; providing additional responsibilities of the Statewide Human Rights Advocacy Commission; amending s. 402.166, F.S., to conform; providing that each district of the Department of Health and Rehabilitative Services shall have at least one human rights advocacy commission staff member who shall be hired and supervised by the statewide commission executive director; providing additional duties of commission members; amending ss. 402.167, 415.103, 415.104, 415.106, 415.107, 415.501, and 415.505, F.S., to conform; creating s. 11.73, F.S.; creating the Public Advocate Trust Fund; providing a surcharge on license taxes for certain vehicles; providing effective dates. Referred to the Committees on Governmental Operations, Finance & Taxation and Appropriations. By Representative Bloom- HJR 241-A joint resolution proposing an amendment to Section 8 of Article V of the State Constitution relating to judges. Referred to the Committee on Judiciary. 15 By Representative Reddick- HB 243-A bill to be entitled An act relating to special observances; creating s. 683.21, F.S.; designating "Juneteenth Day" to officially commemorate the freeing of the slaves in Florida; providing an effective date. Referred to the Committee on Rules & Calendar. By Representatives Morse, Jennings- HB 245-A bill to be entitled An act relating to controlled substances; amending s. 893.13, F.S.; providing mandatory minimum sentences for sales of controlled substances named or described in certain schedule listings; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representatives Hawkins, Hanson- HB 247-A bill to be entitled An act relating to public officers and employees; amending s. 112.313, F.S.; prohibiting county or municipal officers or employees from representing another person or entity for compensation before the government body or agency of which the individual was an officer or employee for a certain time period following vacation of office or termination of employment; providing an effective date. Referred to the Committee on Ethics & Elections. By Representative Morse- HJR 249- A joint resolution proposing an amendment to Section 3 of Article VII of the State Constitution relating to ad valorem taxation. Referred to the Committees on Finance & Taxation and Appropriations. By Representatives Hill, De Grandy, Corr, Tobin, Sansom- HB 251-A bill to be entitled An act relating to jurors; amending s. 40.01, F.S.; providing that jurors shall be selected from those possessing a valid driver's license or identification card, rather than from registered electors; amending s. 98.211, F.S.; deleting the provision that lists of electors be used for purposes of jury selection; amending s. 322.20, F.S.; providing that the Department of Highway Safety and Motor Vehicles shall furnish to the courts, for jury selection purposes, lists of licensed drivers and persons issued identification cards; amending s. 905.37, F.S.; providing that statewide grand jurors be selected from the same juror pool as countywide jurors; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Brown- HB 253-A bill to be entitled An act relating to weatherization of residences of low-income households; providing intent and definitions; providing duties of the Department of Community Affairs; providing requirements for weatherization; providing for benefits; providing an appropriation; providing an effective date. Referred to the Committees on Community Affairs, Finance & Taxation and Appropriations. By Representative Guber- HB 255-A bill to be entitled An act relating to insurance; amending s. 627.6515, F.S.; requiring a group health insurance policy issued outside the state to provide coverage for mammograms to Florida residents covered under the policy; providing an effective date. Referred to the Committee on Insurance. By Representative Boyd- HB 257-A bill to be entitled An act relating to the Department of Agriculture and Consumer Services; amending s. 504.31, F.S.; revising the membership of the organic food advisory council; repealing s. 570.541, F.S., relating to the Racing Quarter Horse Advisory Council; providing an effective date. March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committee on Agriculture. By Representative Boyd- HB 259-A bill to be entitled An act relating to the Division of Marketing of the Department of Agriculture and Consumer Services; amending s. 570.53, F.S.; authorizing the division to have vehicles at agricultural marketing facilities owned by the state towed under certain circumstances; providing an effective date. Referred to the Committee on Agriculture. By Representative Tobiassen- HB 261-A bill to be entitled An act relating to law enforcement officers; providing that a special agent of the United States Naval Investigative Service has certain powers of a law enforcement officer in specified circumstances; providing an effective date. Referred to the Committee on Criminal Justice. By Representative Gutman- HB 263-A bill to be entitled An act relating to the Florida Public Education Lottery Act; amending s. 24.115, F.S.; restricting the amount of prizes; providing for distribution of certain prize moneys; providing an effective date. Referred to the Committees on Regulated Services & Technology, Finance & Taxation and Appropriations. By Representative Arnold- HB 265-A bill to be entitled An act relating to local governments; creating the Local Option Interim Proprietary and General Services Fee Act; providing legislative intent; authorizing counties and municipalities to levy a fee for the cost of providing services to newly improved properties for which the improvements are not subject to ad valorem taxes; providing for the calculation and assessment of such fee; authorizing a county or municipality to revise the fee rate at a specified time; providing that the fee may not be levied upon specified improvements; providing for the expenditure of fee proceeds; providing an effective date. Referred to the Committees on Community Affairs, Finance & Taxation and Appropriations. HB 267-Withdrawn By Representatives Press, Hill- HB 269-A bill to be entitled An act for the relief of Brenda Smith and Steve Smith; providing an appropriation to compensate them for the damages sustained as a result of injury to Brenda Smith and for the wrongful death of their daughter, Leslie Smith; providing an effective date. Referred to the Committee on Claims. By Representatives Jennings, Sansom- HB 271-A bill to be entitled An act relating to civil actions; providing that a civil action is entitled to precedence in docketing under specified circumstances; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Geller- HB 273-A bill to be entitled An act relating to unemployment compensation; amending s. 443.101, F.S.; providing that individuals who are receiving benefits under the United States Social Security Act, if otherwise qualified, may receive 100 percent of unemployment compensation benefits; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representatives Clark, Lippman, Logan, Sansom- HB 275-A bill to be entitled An act relating to postsecondary education; creating s. 240.4987, F.S.; creating the Florida Minority Medical Education Trust Fund; providing eligibility requirements, scholarship awards, and funding; providing for rules; providing an effective date. Referred to the Committee on Postsecondary Education and Appropriations. By Representative Lewis- HJR 277-A joint resolution proposing an amendment to Section 4 of Article X of the State Constitution relating to homestead exemptions. Referred to the Committees on Judiciary and Appropriations. By Representative Kelly- HB 279-A bill to be entitled An act relating to environmental education; reenacting and amending s. 229.8055, F.S., the Florida Environmental Education Act; expanding the environmental education program to provide such education in community colleges and state universities; requiring the Commissioner of Education, the Board of Regents, and the State Board of Community Colleges to administer the program; requiring the Department of Education to disseminate information regarding environmental education for adults to the school districts; providing for regional service projects; reenacting s. 229.8056, F.S.; creating an Office of Environmental Education within the Office of the Commissioner of Education to develop a formal environmental education program; providing for a Coordinator of Environmental Education and specifying duties thereof; reenacting and amending s. 229.8058, F.S.; creating the Advisory Council on Environmental Education within the Legislature; providing membership and authorization for the council to employ staff; deleting an obsolete provision relating to transfer of certain equipment and materials to the council; providing responsibilities of the Advisory Council on Environmental Education; reenacting and amending s. 229.8059, F.S.; creating the Interagency Coordinating Committee for Environmental Education to coordinate the environmental education programs of certain state agencies and water management districts; providing for appointments; providing for payment of per diem and travel expenses; providing for duties of the committee, including the development of a memorandum of understanding and the submission of reports; deleting provisions that have had their effect; reenacting and amending s. 229.8061, F.S.; directing the Governor to administer a grant program for environmental education; authorizing certain organizations and projects to be eligible for the grants; providing duties of the Advisory Council on Environmental Education with respect to the grants; providing for meetings of members and staff of the Office of Environmental Education, the Interagency Coordinating Committee, the Executive Office of the Governor's environmental education staff, and the Advisory Council for Environmental Education; repealing s. 35, ch. 89-175, Laws of Florida, which provides for such meetings; reenacting and amending s. 229.8062, F.S.; creating the Governor's Environmental Education Trust Fund in the Executive Office of the Governor in place of the Save Our State Environmental Education Trust Fund; reenacting s. 229.8063, F.S.; authorizing the Executive Office of the Governor to establish a nonprofit support corporation for certain purposes; requiring an annual audit of the records of the corporation; exempting from public records requirements information in the audit report; providing for future legislative review of such exemption; requiring an annual status report on environmental education activities by the Executive Office of the Governor; providing for future abolition and legislative review of the Advisory Council on Environmental Education and the Interagency Coordinating Committee for Environmental Education; repealing s. 39, ch. 89-175, Laws of Florida, as amended by s. 11, ch. 90-192, Laws of Florida, which provided for such abolition and review; ratifying appropriations, positions, and expenditures made pursuant to s. 40, ch. 89-175, Laws of Florida; providing for reimbursement of certain appropriated moneys; reenacting and amending s. 229.8064, F.S.; providing for the Advisory Council on Environmental Education to propose projects to the Governor and Cabinet for approval; providing for the Governor and Cabinet to act on such recommendations within a specified time; providing for use of 16 March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES funds in the Aquatic Resources Education Account by the Department of Natural Resources for aquatic education purposes; providing an effective date. Referred to the Committees on Public Schools and Appropriations. HB 281-Withdrawn By Representative Cosgrove- HB 283-A bill to be entitled An act relating to community redevelopment; amending s. 163.340, F.S.; defining "infrastructure improvement" for purposes of the Community Redevelopment Act of 1969; amending ss. 163.350 and 163.362, F.S.; providing for the inclusion of such improvements in workable programs and community redevelopment plans; amending s. 163.370, F.S.; authorizing counties and municipalities to construct, reconstruct, and provide for the furnishing or repair of such improvements and to acquire individual parcels within a slum or blighted area; amending s. 163.387, F.S.; revising provisions relating to the redevelopment trust fund; providing additional requirements for redevelopment plans; authorizing funding of the trust fund by a stated percentage of the tax increment derived by each taxing authority from the redevelopment; revising the penalties imposed on a taxing authority which does not pay the stated percentage of the increment to the trust fund as required; providing an effective date. By Representatives Hill, Pruitt, Sansom- HB 293-A bill to be entitled An act relating to child support enforcement; amending s. 61.14, F.S.; providing that certain noncompliance with an order compelling child support shall be deemed prima facie evidence of contempt of court; providing an effective date. Referred to the Committees on Judiciary and Appropriations. HB 295-Withdrawn By Representatives Hargrett, Jennings, Healey, Bainter, Glickman, Davis, Chestnut- HB 297-A bill to be entitled An act relating to a discretionary surtax on documents; providing legislative findings and intent; providing definitions; authorizing counties and eligible jurisdictions to levy a discretionary surtax on certain documents to provide financial assistance for financing eligible housing for eligible persons; providing for establishment of a trust fund; providing for the administration, collection, and distribution of the proceeds of the surtax; providing for application of specified administrative and enforcement provisions of chapter 201, F.S.; providing for notice to, and duties of, the Department of Revenue; requiring an annual report; providing for establishment and administration of the housing assistance award program; providing for an advisory council; specifying effect of the act; providing an effective date. Referred to the Committees on Community Affairs, Finance & Taxation Referred to the Committees on Tourism, Hospitality & Economic and Appropriations. and Appropriations. Development, Finance & Taxation and Appropriations. HTR 9QB-Withdrawn HB 285-Withdrawn By Representatives Sansom, Roberts, Bronson, Sembler, Goode- HB 287-A bill to be entitled An act for the relief of Jack Forte; providing an appropriation to compensate him for the wrongful taking of his property by the State of Florida; providing an effective date. Referred to the Committees on Claims and Appropriations. By Representatives Sansom, Stone, Sembler, Bronson, Roberts, Goode- HB 289-A bill to be entitled An act relating to designation of state buildings; designating the children's medical services building of the Department of Health and Rehabilitative Services located in Brevard County as the Thomas J. Philpot Building; directing the department to erect suitable markers; providing an effective date. Referred to the Committee on Health & Rehabilitative Services. By Representatives C. F. Jones, Davis- HB 291-A bill to be entitled An act relating to commercial funds transfers; creating ss. 670.101-670.507, F.S.; prescribing the law governing the rights, duties, and liabilities that arise from funds transfers between commercial entities, from the payment order of the originator to the originator's bank, through intermediary banks, to the beneficiary's bank; including credit transfers but excluding debit transfers; also excluding consumer transactions, conditional orders, and transfers outside the banking system; providing for discharge of the originator's underlying obligation; providing for variation by agreement; prescribing rights with respect to creditor process served on a receiving bank; providing for injunctions and restraining orders with respect to funds transfers; providing for priority among various obligations to be paid from the same account; providing for preclusion of objection to debit of customer's account; providing for determination of the rate of interest that a receiving bank is obliged to pay; specifying applicable law and providing for choice of law; amending s. 671.101, F.S.; revising the short title of the Uniform Commercial Code to include this act; amending s. 671.105, F.S.; providing that this act governs over that section with respect to specification of applicable law; providing an effective date. Referred to the Committees on Commerce and Appropriations. By Representative Mortham- HB 301-A bill to be entitled An act relating to personnel of the school system; creating s. 231.66, F.S.; providing tuition-free courses for instructional personnel and teacher aides at area vocational-technical centers, community colleges, and state universities; providing an effective date. Referred to the Committees on Public Schools and Appropriations. By Representative Young- HB 303-A bill to be entitled An act relating to motor vehicle license plates; providing for the issuance to military veterans of specialized license plates; providing for fees and for the deposit and use of such fees; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representatives Jennings, Tobin, Bloom, Friedman, Glickman, Mishkin, Gordon, Young, Press- HB 305-A bill to be entitled An act relating to firearms; amending s. 790.174, F.S.; requiring secure storage of an unloaded firearm accessible to a minor, as well as of such a firearm when loaded, for violation of which criminal penalties are provided by law; amending s. 784.05, F.S.; prohibiting culpable negligence in storing or leaving an unloaded firearm, as well as a loaded firearm, accessible to a minor under certain circumstances, for which felony penalties are provided by law; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Sansom- HB 307-SF-A bill to be entitled A proposal relating to cemeteries. Referred to the Committees on Commerce and Appropriations. By Representatives McEwan, Martinez, Sindler- HB 309-A bill to be entitled An act relating to firearm safety; creating ss. 790.151, 790.153, 790.155, and 790.157, F.S.; prohibiting the use of a firearm while intoxicated or impaired; providing penalties; providing tests to determine intoxication or impairment; providing for right to refuse; March 5, 1991 17 18 JOURNAL OF THE HOUSE authorizing use of blood tests in cases of death or serious bodily injury; providing for certain presumptions of impairment; providing definitions; providing evidentiary standards; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By R.-presentatives McEwan, C. Smith, Sindler, Irvine, Sembler, Sansom- HB 311-A bill to be entitled An act relating to ad valorem taxation; amending s. 193.461, F.S.; providing for classification and assessment of high water recharge lands; providing procedures and requirements; providing for appeals to the property appraisal adjustment board; specifying the factors applicable to such classification; providing for determination of assessment of such land; amending ss. 193.052, 194.011, 194.032, 194.037, 195.073, and 195.096, F.S., relating to filing of returns, procedures of the property appraisal adjustment boards, and classification of real property, to conform; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representatives McEwan, Sindler, Cosgrove, Burke, Sembler- HB 313-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.021, F.S.; redefining the term "normal retirement date" for special risk members to include military service credit under certain circumstances; amending s. 121.091, F.S.; providing a figure to be used for the calculation of benefits under the normal retirement date for certain years of creditable service as a special risk member claimed as military service credit; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative Rojas- HB 315-A bill to be entitled An act relating to jai alai; creating s. 551.1535, F.S.; creating the Jai Alai Tournament of Champions Meet; providing requirements for such meet; providing tax breaks; providing credits; providing an exemption from license application under certain circumstances; providing for the length of the meet; providing application; providing an effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representatives Arnall, K. Smith, Chinoy- HB 317-A bill to be entitled An act relating to the Department of Health and Rehabilitative Services; amending s. 20.19, F.S., relating to the administration of programs through service districts; transferring St. Johns County from one subdistrict to another; providing an effective date. Referred to the Committee on Health & Rehabilitative Services. HB 319-Withdrawn By Representative Liberti- HB 321-A bill to be entitled An act relating to leaving the scene of a motor vehicle accident; amending ss. 316.027 and 782.071, F.S.; increasing criminal penalties and requiring a mandatory minimum term of imprisonment, and reenacting ss. 316.066(3)(a), 316.655(4), and 318.17(2), relating to written accident reports, penalties, and excepted offenses, to incorporate said amendment in references thereto; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Holland- HB 323-A bill to be entitled An act relating to medical expenses of persons in custody; amending s. 944.17, F.S.; providing for responsibility for medical expenses of state prisoners; amending s. 948.06, F.S.; providing for responsibility for medical expenses of probation violators; amending s. 947.22, F.S.; providing for responsibility for medical expenses of parole violators; providing an effective date. ] E OF REPRESENTATIVES March 5, 1991 Referred to the Committees on Corrections and Appropriations. By Representative Mitchell- HB 325-A bill to be entitled An act relating to saltwater fishing licenses; amending s. 370.0605, F.S.; providing separate fees for nonresident saltwater fishing licenses for individuals who are residents of states contiguous to Florida which states do not have reciprocal agreements with Florida; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representatives Graham, Bainter, Sanderson- HB 327-A bill to be entitled An act relating to negligence; amending s. 768.81, F.S.; providing for apportionment of damages on the basis of percentage of fault and eliminating the doctrine of joint and several liability except in certain circumstances where provided by statute; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representatives Graham, Holland- HJR 329-A joint resolution proposing the creation of Section 19 of Article III and Section 20 of Article XII of the State Constitution relating to terms of legislators. Referred to the Committee on Ethics & Elections. By Representatives Graham, Reddick, Sindler, Jennings, Bainter- HB 331-A bill to be entitled An act relating to ad valorem tax exemptions; amending s. 196.081, F.S., which provides an exemption for the homestead of a totally and permanently disabled veteran; providing that such veteran's widow may transfer the exemption to another residence under certain circumstances; providing an effective date. Referred to the Committee on Veterans & Military Affairs & Emergency Preparedness, Finance & Taxation and Appropriations. By Representatives Hargrett, Ostrau, Sansom, Hanson, Bainter- HB 333-A bill to be entitled An act relating to elections; repealing s. 100.091, F.S., relating to the second primary election; amending s. 100.061, F.S.; providing that candidates receiving the highest number of votes in the primary election be declared nominated; providing a method for deciding tie votes; eliminating the second primary; amending ss. 97.021, 98.051, 98.081, 99.061, 99.095, 99.103, 100.071, 100.081, 100.111, 100.141, 101.141, 101.251, 101.252, 101.62, 102.012, 103.021, 103.022, 103.091, 105.031, 105.041, 105.051, 106.07, 106.08, 106.29, and 106.35, F.S.; conforming language; modifying provisions relating to ballots sent to absent qualified electors overseas; repealing s. 100.096, F.S., relating to special local elections to be held at the second primary election; providing an effective date. Referred to the Committees on Ethics & Elections and Appropriations. By Representatives Long, Sansom, Banjanin- HM 335-A memorial to the Congress of the United States, urging Congress to propose an amendment to the Constitution of the United States relating to the physical desecration of the American Flag. Referred to the Committee on Judiciary. By Representatives Long, Safley- HB 337-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.091, F.S.; authorizing the reemployment of retired district school board employees under certain circumstances; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES By Representative Silver- By Representatives Press, Tobin- HB 339-A bill to be entitled An act for the relief of Terry Lee Russell HB 351-A bill to be entitled An and Rhonda Russell, as parents of Terry Lee Russell, Jr., deceased; creating s. 458.3135, F.S.; providing a providing an appropriation to compensate them for the wrongful death of treating Medicare beneficiaries; pro their son, who died as a result of the negligence of the Department of amending s. 458.331, F.S.; providing a Natural Resources and the negligence of a lifeguard service that contracted action; reenacting ss. 458.311(1)(d) and with the state; providing an effective date. F.S., relating to requirements for license Referred to the Committee on Claims. registration of resident physicians, inte amendment to s. 458.331, F.S., in refe By Representative Press- F.S.; providing a limitation on billing HB 341-A bill to be entitled An act relating to dissolution of marriage; Medicare beneficiaries; providing a co amending s. 61.075, F.S.; revising language with respect to the equitable 459.015, F.S.; providing additional distribution of marital assets to include reference to the best interest of the providing an effective date. minor child in the courts' deliberations; providing for specific findings of Referred to the Committees on Heal fact with respect to the judgment distributing assets; providing for a presumption in favor of equal division; amending s. 61.08, F.S.; providing, By Representatives Mortham, Albril with respect to alimony, that there shall be a presumption in favor of Hafner, Graham, Langton, Banjanin, permanent periodic alimony in long-term marriages; providing for Hill, Corr- modification petitions to terminate alimony in certain cases; amending s. 61.13, F.S.; providing for the payment of child support by credit card; HB 353-A bill to be entitled An amending s. 61.14, F.S.; providing for notification to credit bureaus when amending ss. 24.115 and 24.121, F.S.; re a person is delinquent in child support payments under certain prize money; providing an effective dal circumstances; providing for mandatory security deposits for child support Referred to the Committees on Ri under certain circumstances; providing an effective date. Finance & Taxation and Appropriatior Referred to the Committees on Judiciary and Appropriations. By Representatives Mortham, Jamer By Representative Wise- Huenink, Thomas, McEwan, Sanderso King, Albright, Muscarella, Graham, B HB 343-A bill to be entitled An act relating to suspension of driving Hawkes, Holland, Foley, Wise, Graber, privileges; amending ss. 322.2615 and 322.64, F.S.; revising provisions Hanson, Burke, Figg, Hafner, Hawki relating to administrative suspension of the driving privilege and Lippman, Kelly, Sembler, Tobiassen, F disqualification from operating a commercial motor vehicle for driving under the influence or refusing to submit to a requested breath, blood, or HJR 355-A joint resolution propo, urine test; providing that law enforcement officers or correctional officers Article VII of the State Constitution, rel may take such actions; specifying information that may be considered in Referred to the Committees on Finan Referred to the Committees on Finan a review of such action; specifying circumstances under which a review must be conducted; specifying scope of review; providing circumstances for By Representatives Ritchie, Bloom- issuance of temporary permits and licenses for business or employment use; specifying venue for appeals of suspensions and disqualifications; HB 357-A bill to be entitled An providing an effective date. subsidies; creating ss. 175.401-175.414 providing for Municipal Firefighters Referred to the Committee on Criminal Justice. Retiree Health Insurance Subidy Tr Retiree Health Insurance Subsidy Ti HB 345-Withdrawn intent; providing definitions; providii statute provisions concerning municip By Representatives Wise, Diaz-Balart, Mishkin, Ascherl, Garcia, providing for the creation and mainte Cosgrove, Chestnut, Valdes, Morse, Ireland, Tobin, Flagg, Sanderson, benefits; directing the Insurance Cor King, Tobiassen, Bainter, Lewis, Foley, Holzendorf, Sindler- accounts of deposits and disbursement! for a depository for pension funds; prol HB 347-A bill to be entitled An act relating to motor vehicle licenses; for a deposit funds; pro creating s. 320.0896, F.S.; providing for the issuance of Florida Special of Insurance; providing for funding an Olympics motor vehicle license plates upon payment of the license tax and liabilities; providing for actuarial value additional fees; providing for deposit of a portion of the fees; providing for termination and distribution of the fun the use of fees; providing for duties of Florida Special Olympics, Inc.; nondiscrimination; prohibiting certain providing an effective date. date. 19 Sact relating to medical practice; limitation on billing by physicians viding a condition for licensure; Additional grounds for disciplinary (5), 458.313(7), and 458.345(1)(b), ure, licensure by endorsement, and rns, and fellows, to incorporate the rences thereto; creating s. 459.073, by osteopathic physicians treating ndition for licensure; amending s. grounds for disciplinary action; th Care and Appropriations. ght, Starks, Foley, Safley, Hanson, Burke, Ireland, Harden, Hawkins, act relating to the state lottery; vising the disposition of unclaimed te. sgulated Services & Technology, is. son, Simone, Lewis, Safley, Morse, n, Arnall, Stone, Hoffmann, Hill, ainter, Rudd, Boyd, Tobin, Pruitt, Dennis Jones, Grindle, Lombard, ns, Mackenzie, Jennings, Harris, lealey, Flagg, K. Smith- sing an amendment to Section 6 of ating to homestead tax exemption. ce & Taxation and Appropriations. act relating to health insurance ,F.S. and ss. 185.50-185.63, F.S.; 'and Municipal Police Officers' rust Funds; providing legislative ig for the application of various al firefighters and police officers; nance of the funds; providing for missioner and Treasurer to keep s; providing for refunds; providing hiding for rules of the Department Sfor the amortization of unfunded ation requirements; providing for ds; providing for applicability and special acts; providing an effective Referred to the Committees on Transportation, Finance & Taxation and Referred to the Committees on Employee & Management Relations, Appropriations. Finance & Taxation and Appropriations. By Representative Wise- HB 349-A bill to be entitled An act relating to environmental control; amending ss. 403.814 and 403.815, F.S.; requiring legal notices of applications for permits to be published for a specified number of days; requiring such a notice to describe the environmental effects of the project for which a permit is sought; extending the time within which a hearing may be requested; reenacting s. 380.06(9)(d), F.S., relating to developments of regional impact, to incorporate the amendment to s. 403.815, F.S., in a reference thereto; providing an effective date. By Representatives Albright, Langton, Logan, Kelly, Mortham, Healey, King, Crady, Viscusi, Graham, C. Smith, Arnall, Sanderson, Hawkes, Ritchie, Bainter, Tobiassen, Wise, Irvine, Dennis Jones, Burke, Huenink, Rojas, Garcia, Morse, Corr, Hoffmann, Diaz-Balart, Jennings, Lawson, Harden, Banjanin, Mishkin, Chinoy, Sansom, Roberts, Goode, Sembler- HB 359-A bill to be entitled An act relating to firearms; creating s. 790.054, F.S.; authorizing correctional probation officers to carry concealed firearms upon meeting certain requirements; exempting such officers from licensing and penal provisions; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. Referred to the Committee on Criminal Justice. 20 JOURNAL OF THE HOUSE: By Representative Logan- HB 361-A bill to be entitled An act relating to economic development; amending s. 159.445, F.S.; authorizing the Florida Seed Capital Fund to invest in limited partnerships meeting certain criteria; increasing the limitation on certain investments; deleting a restriction on making investments; providing that the Department of Commerce shall administer the Florida Seed Capital Fund; providing that the department may authorize a direct-support organization known as the Florida Enterprise Development Corporation; providing purpose of the organization; requiring a contract between the department and the direct-support organization and specifying contract requirements; requiring the organization to provide an annual financial and compliance audit; providing an exemption from public records requirements; providing for future review and repeal; authorizing the Department of Commerce to make an investment from the Florida Seed Capital Fund in specified limited partnerships; providing criteria for investments by the department in limited partnerships; creating s. 289.001, F.S.; creating the Florida Strategic Fund Act of 1991; creating s. 289.002, F.S.; describing the purposes of the act; amending s. 289.011, F.S.; providing definitions; amending s. 289.021, F.S.; providing for the incorporation of business and industrial development corporations; creating s. 289.022, F.S.; providing procedures and requirements for licensing of such corporations and for surrender of licenses; creating s. 289.023, F.S.; providing for investment in such corporations by the Florida Strategic Fund Board and providing requirements with respect thereto; creating s. 289.024, F.S.; providing special requirements relating to minority business and industrial development corporations; creating s. 289.025, F.S.; providing for fees; creating s. 289.026, F.S.; providing requirements for the transaction of business by business and industrial development corporations; providing requirements relating to budgets, investments, and extensions of credit; providing for application of penalties relating to usury; providing requirements relating to control of a business firm; prohibiting certain self- dealing; providing prohibitions relating to transactions involving affiliates; creating s. 289.027, F.S.; providing for the operations of such corporations; creating s. 289.028, F.S.; providing requirements relating to recordkeeping, audits, and reports; creating s. 289.029, F.S.; requiring an annual report; creating s. 289.032, F.S.; providing procedures and requirements for mergers, acquisitions, and consolidations; creating s. 289.033, F.S.; specifying unlawful activities and providing a penalty; amending s. 289.121, F.S.; requiring periodic examinations and reports of such corporations and providing requirements with respect thereto; creating s. 289.122, F.S.; creating the Florida Strategic Fund Board; requiring board members to file public disclosure of financial interests; creating s. 289.123, F.S.; providing powers of the board; creating s. 289.124, F.S.; providing for seed capital investments; creating s. 289.125, F.S.; providing for management and technical assistance by the board; providing for a private enterprise assistance account; providing for loans; creating s. 289.126, F.S.; creating a BIDCO Trust Fund; amending s. 289.151, F.S.; providing for dissolution of such corporations; amending s. 289.181, F.S.; providing for tax exemptions and credits; amending s. 289.191, F.S.; providing for occupational license taxes; amending s. 289.201, F.S.; providing for such corporations' fiscal year; amending ss. 220.183 and 624.5105, F.S., relating to community contribution tax credits against the corporate income tax and insurance premium taxes; removing the Florida Industrial Development Corporation as an "eligible sponsor"; amending s. 658.67, F.S.; providing for investments by banks in such corporations; repealing ss. 289.031, 289.041, 289.051, 289.061, 289.071, 289.081, 289.091, 289.101, 289.111, 289.131, 289.141, 289.161, 289.171, F.S., relating to Florida Industrial Development Corporations and their powers, financial transactions, membership, and conduct of business; providing an effective date. E OF REPRESENTATIVES March 5, 1991 Referred to the Committees on Finance & Taxation and Appropriations. By Representatives Mitchell, Sansom, K. Smith, Sembler, Hoffmann, Sindler, Boyd, C. Smith- HB 365-A bill to be entitled An act relating to hunting and fishing; creating s. 372.105, F.S.; creating the Fish and Wildlife Trust Fund; amending s. 372.57, F.S.; providing for a 5-year and lifetime sportsman's licenses for hunting and fishing; providing fees; amending s. 372.571, F.S.; revising language with respect to the expiration of licenses and stamps; providing reference to lifetime licenses; amending s. 372.5712, F.S.; providing for the expenditure of certain revenues relating to waterfowl hunting privileges; amending s. 372.5715, F.S.; providing for the expenditure of certain revenues relating to turkey hunting privileges; amending s. 372.573, F.S.; providing for the expenditure of certain revenues relating to water management area privileges; amending s. 372.60, F.S.; revising language with respect to the issuance of replacement licenses or stamps to include reference to lifetime licenses; amending s. 372.661, F.S.; revising cross references with respect to private hunting preserve licenses; providing an appropriation; amending s. 370.0605, F.S.; providing for a 5-year resident saltwater fishing license; amending s. 370.0608, F.S.; providing for the disposition of proceeds from the 5-year license; creating s. 370.0615, F.S.; providing for lifetime saltwater fishing licenses; providing fees; providing effective dates. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representatives Glickman, Figg, Davis- HB 367-A bill to be entitled An act relating to Hillsborough County; providing for the relief of Alfreeda K. Mobley; authorizing and directing Hillsborough County to compensate her for severe personal injuries sustained as a result of the negligence of Hillsborough County; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Claims. By Representative Arnold- HB 369-A bill to be entitled An act relating to Lee County; providing for the relief of Suzanne Alexander; providing for attorney's fees; compensating her for personal injuries sustained as a result of an automobile accident occurring on May 1, 1985, in Fort Myers, Florida; providing for payment by Lee County; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Claims. By Representatives Johnson, Clemons- HB 371-A bill to be entitled An act relating to campaign financing; amending s. 106.08, F.S.; revising the limitations on contributions to candidates and political committees; providing that limitations on contributions apply separately to the first and second primary and general elections only if the candidate is opposed in that particular election; providing penalties; reenacting ss. 106.04(5), 106.075(2), 106.19(1)(a), and 106.29(4), F.S., relating to contributions by committees of continuous existence, contributions to pay loans, penalty for acceptance of contributions in excess of limits, and contributions by executive committees, to incorporate the amendment to s. 106.08, F.S., in references thereto; providing an effective date. Referred to the Committee on Ethics & Elections. Referred to the Committees on Commerce, Finance & Taxation and By Representative Arnold- Appropriations. By Representative Rojas- HJR 363-A joint resolution proposing an amendment to Section 6 of Article VII and the creation of Section 20 of Article XII of the State Constitution relating to homestead exemptions. HB 373-A bill to be entitled An act relating to housing authorities; amending s. 421.05, F.S.; providing that the specification of the number of members of a housing authority applies regardless of the date of creation of the housing authority; providing an effective date. Referred to the Committee on Community Affairs. JOURNAL OF THE HOUSE OF REPRESENTATIVES By Representative Peeples- HB 375-A bill to be entitled An act relating to the District School Board of DeSoto County; providing relief for Stephen Franklin McAllister for damages resulting from an accident which occurred while he was a student attending Arcadia High School; providing for payment of compensation by the district school board in installments; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Claims. By Representatives Mishkin, Long, Jennings, Frankel, Tobin, Gordon, Kelly- HB 377-A bill to be entitled An act relating to pharmaceutical assistance to the elderly; directing the Department of Health and Rehabilitative Services to establish a program for payments to pharmacies for costs of certain prescription drugs for eligible elderly persons; providing definitions; requiring an annual report by the department; providing eligibility standards; requiring certain copayments; providing for payment to a pharmacy under the program; creating an advisory council; specifying violations and providing penalties; providing for rules; providing for review and repeal; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representatives Martinez, Sansom, Sindler- HB 379-A bill to be entitled An act relating to traffic control; creating s. 316.651, F.S.; prohibiting state agencies and political subdivisions from establishing quotas for the issuance of traffic citations by law enforcement officers; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Martinez- HB 381-A bill to be entitled An act relating to the tax on sales, use, rentals, admissions, and other transactions; amending ss. 212.054, 212.055, F.S.; authorizing certain counties to impose, pursuant to referendum, a surtax on that tax to provide health care services for certain indigent persons; providing for the duration of the surtax; specifying a maximum rate of surtax; providing purposes of the surtax; providing for a trust fund; providing for use of the proceeds; providing legislative findings with respect to liens against revenues raised by the surtax; providing an effective date. Referred to the Committees on Health Care, Finance & Taxation and Appropriations. By Representative Figg- HB 383-A bill to be entitled An act relating to personnel of the school system; creating s. 231.3605, F.S.; providing for employment of educational support employees; providing definitions; providing for probationary status and continued employment; providing for suspension of an employee and for a notice and appeals process; providing for review and repeal; providing an effective date. Referred to the Committee on Public Schools. By Representatives Feeney, Valdes, Hawkes- HB 385-A bill to be entitled An act relating to education; creating the "Parental Choice in Education Act"; providing purpose and definitions; providing duties of the Department of Education and district school boards; providing for the admission to participating schools of children with educational certificates; providing for the value of certificates and their redemption; providing for the publishing of information; authorizing transportation service; providing an effective date. Referred to the Committees on Public Schools and Appropriations. By Representatives Lippman, Gordon- HB 387-A bill to be entitled An act relating to revenues for public education; amending s. 24.102, F.S.; revising intent of the Florida Public Education Lottery Act; providing an effective date. Referred to the Committees on Public Schools and Appropriations. By Representative Harris- HB 389-SF-A bill to be entitled A proposal relating to citrus canker. Referred to the Committees on Agriculture, Finance & Taxation and Appropriations. By Representatives Hill, Sindler, Wise- HB 391-A bill to be entitled An act relating to driving vehicles or operating vessels under the influence; amending ss. 316.193, 316.1934, 322.2615, 322.64, 327.35, and 327.354, F.S.; lowering the blood alcohol level constituting an element of such offenses; revising provisions relating to presumptions, testing, and license suspension to conform; reenacting ss. 25.387(3), 316.072(4)(b), 316.1932(3), 316.1933(4), 316.1937(1), 316.655(4), 316.656, 318.17(3), 322.03(2), 322.0602(2)(a), 322.12(2), 322.264(1)(b), 322.271(2)(a) and (c) and (4), 322.28(2) and (5)(a), 322.282(2)(a), 322.291(1)(a), 322.44(IV)(1)(a) and (b), 322.63(2)(d) and (6), 627.758(4), 790.06(2)(f) and (10)(f), 903.36(2), and 960.03(3), F.S., relating to certain DUI assessments, obedience to traffic laws, access to information on tests for impairment or intoxication, ignition interlock devices, penalties, adjudication, noncriminal infractions, the Youthful Drunk Driver Visitation Program, issuance, suspension, and revocation of drivers' licenses, arrest bonds, concealed weapon permits, and crimes compensation, to incorporate the amendment to s. 316.193, F.S., in references thereto; reenacting ss. 327.351(1), 327.352(3), 327.3521(1) and (2), and 327.353(4), F.S., relating to operation of a vessel while intoxicated, access to information on tests for impairment or intoxication, and penalty for failure to submit to a breath or urine test for impairment or intoxication, to incorporate the amendment to s. 327.35, F.S., in references thereto; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Kelly- HB 393-A bill to be entitled An act relating to insurance; amending s. 627.419, F.S.; requiring health insurance policies and other contracts and plans that provide for payment of medical expense benefits to include coverage for certain services of a certified acupuncturist; amending ss. 627.401, 627.6375, and 627.6695, F.S., relating to the scope of Part II, ch. 627, F.S., and contracts for alternative rates of payment, to conform; reenacting ss. 627.651(1) and (5) and 627.6515(2)(c), F.S., relating to group contracts and plans of self-insurance and out-of-state groups, to incorporate the amendment to s. 627.419, F.S., in references thereto; providing an effective date. Referred to the Committees on Insurance and Appropriations. By Representatives Long, Sansom- HB 395-A bill to be entitled An act relating to appropriations; creating s. 216.2815, F.S.; providing that any appropriation made in the General Appropriations Act to a private or nongovernmental organization or person shall be a public record and may be audited by the Auditor General; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. HB 397-Withdrawn By Representative Cosgrove- HB 399-A bill to be entitled An act relating to driving under the influence; amending s. 316.193, F.S.; providing enhanced penalties for driving under the influence when a minor child is in the vehicle; providing for consideration of such conviction in proceedings affecting the interests of the child; providing an effective date. March 5, 1991 21 22 JOURNAL OF THE HOUSE Filed By Representative Gutman- HJR 401- A joint resolution proposing an amendment to Section 3 of Article VII of the State Constitution relating to ad valorem taxation of elderly persons' homesteads. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Ostrau- HB 403-A bill to be entitled An act relating to lobbying; creating ss. 11.063 and 112.3217, F.S.; prohibiting fees which are contingent upon the award of state appropriations; providing penalties; providing for forfeiture of amounts unlawfully received; providing exemptions; providing an effective date. Referred to the Committees on Ethics & Elections and Appropriations. HB 405-Withdrawn By Representative Hafner- HB 407-A bill to be entitled An act relating to state employment; creating s. 110.175, F.S.; creating the Florida State Employee Involvement in Education Act and providing purpose thereof; requiring the Department of Administration to develop a rule relating to administrative leave for state employees to participate in education-related activities; providing definition for education-related activities; providing procedural requirements for enactment of rule; requiring a report from the Secretary of Administration; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative Gutman- HB 409-A bill to be entitled An act relating to false, misleading, and deceptive advertising; creating s. 817.4165, F.S.; creating the "Emory Deutsch Live Music Act"; requiring advertisements and tickets for concerts or events which feature live musical performances to state whether any portion of the music is prerecorded; providing for civil recovery; providing an effective date. Referred to the Committee on Regulated Services & Technology. By Representative Simone- HB 411-A bill to be entitled An act relating to tax on cigarettes and tobacco products; amending s. 210.02, F.S.; specifying liability and responsibility for cigarette excise tax collection; amending s. 210.09, F.S.; providing that sales tickets or invoices state the county in which the sale was made; amending s. 210.25, F.S.; defining "distributing agent" for purposes of the tax on tobacco products; amending s. 210.40, F.S.; providing for application and fees for a distributing agent's license; amending s. 210.50, F.S.; providing for revocation or suspension of license; amending s. 210.60, F.S.; requiring distributing agents to keep records; authorizing inspection of distributing agents' premises and records; providing an effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representative Goode- HB 413-A bill to be entitled An act relating to saltwater fisheries; creating s. 370.045, F.S.; requiring the Department of Natural Resources to provide by rule for the notification to licenseholders that a license under the chapter is about to expire; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Martinez- HB 415-A bill to be entitled An act relating to criminal sentencing; amending s. 921.001, F.S.; revising the membership of the Sentencing Commission and adding the secretary of the Department of Corrections or I E OF REPRESENTATIVES March 5, 1991 his designee as a member; mandating a revision of the sentencing guidelines by the commission; deleting provisions which authorize a court to impose a sentence outside the guidelines under certain circumstances; amending s. 947.168, F.S., relating to persons serving parole-eligible and parole-ineligible sentences, to correct a cross reference; providing for the revised sentencing guidelines to be prepared in contemplation of certain changes in the law; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representatives Lippman, Ostrau, Safley- HB 417-A bill to be entitled An act relating to public officers, candidates for public office, and public employees; amending s. 112.312, F.S.; providing additional definitions for purposes of the code of ethics for public officers and employees and s. 8, Art. II, State Const.; amending s. 112.313, F.S.; including provisions regulating representation before certain agencies by legislators, statewide elected officers, and agency employees, and standards of conduct for legislators and legislative employees; removing provisions relating to disclosure of certain specified interests by public officers and employees and candidates for public office; revising an exemption from the prohibition against doing business with one's own agency or entering into a conflicting employment relationship and providing additional exemptions; repealing s. 112.3141, F.S., relating to representation before certain agencies by legislators, statewide elected officers, and agency employees, and standards of conduct for legislators and legislative employees; amending s. 112.3143, F.S.; revising provisions relating to voting conflicts and disclosure with respect thereto; amending s. 112.3145, F.S.; requiring certain officers, candidates, and employees who hold a specified relationship with certain business entities to file a disclosure statement as part of their financial disclosure statement; amending ss. 112.3146, 112.3147, and 112.3148, F.S.; correcting references; amending s. 112.317, F.S.; prescribing penalties for violating the code of ethics or s. 8, Art. II, State Const., relating to ethics in government; providing for civil actions to recover certain penalties; amending s. 112.320, F.S.; specifying that the Commission on Ethics is the commission provided for in s. 8, Art. II, State Const.; amending s. 112.322, F.S.; providing for state attorneys and agency heads to report information of violations of the code of ethics to the commission for investigation; prescribing investigatory and other powers and duties of the commission with respect to a sworn complaint of a breach of the public trust; providing for issuance of advisory opinions by the commission; authorizing the commission to delegate the authority to administer oaths and issue and serve subpoenas; authorizing the commission to make rules; creating s. 112.3231, F.S.; providing time limitations for commission actions; amending s. 112.324, F.S.; modifying procedures on complaints of violations of part III, ch. 112, F.S., or s. 8, Art. II, State Const.; designating proper disciplinary officials; providing an effective date. Referred to the Committees on Ethics & Elections and Appropriations. By Representative Geller- HB 419-A bill to be entitled An act for the relief of James Wortham, a minor; providing an appropriation to compensate him for injuries suffered due to the negligence of the Department of Health and Rehabilitative Services; providing an effective date. Referred to the Committee on Claims. HB 421-Withdrawn By Representative Mortham- HB 423-A bill to be entitled An act relating to the state lottery; amending s. 24.121, F.S.; revising the uses of lottery revenues deposited in the Educational Enhancement Trust Fund; providing requirements with respect thereto; providing an effective date. Referred to the Committees on Public Schools and Appropriations. By Representative Ascherl- HB 425-A bill to be entitled An act relating to ad valorem tax exemption; amending s. 196.012, F.S.; revising the definition of "educational institution"; amending s. 196.192, F.S.; specifying that property owned by an exempt entity and used for exempt purposes by another exempt entity is qualified for exemption; amending s. 196.198, F.S.; specifying that property owned by an educational institution and used for educational purposes by another exempt entity or educational institution is qualified for exemption; providing an effective date. Referred to the Committees on Public Schools, Finance & Taxation and Appropriations. By Representatives Bloom, Lippman, Hoffmann, Frankel, Young, Langton, Mackenzie, Webster, Gordon, Sanderson, Lawson, K. Smith, Jennings, Sembler, Flagg, Pruitt, Grindle- HB 427-A bill to be 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.; 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; 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. Referred to the Committee on Health Care. By Representative Mims- HB 429-A bill to be entitled An act relating to motor vehicle licenses; creating s. 320.08068, F.S.; providing for Save Our Children license plates; providing fees; providing for the use of fees; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representatives Holland, Kelly- HB 431-A bill to be entitled An act relating to boating safety; amending s. 327.02, F.S.; defining the terms "marked navigation channel" and "miles per hour" for the purposes of the "Florida Vessel Registration and Safety Law"; creating s. 327.462, F.S.; providing for vessel speed limits; providing exceptions; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representatives Wallace, Cosgrove- HB 433-A bill to be entitled An act relating to retired justices and judges assigned to temporary judicial duty; amending s. 25.073, F.S.; changing the rate of compensation of such justices and judges; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Jamerson- HB 435-A bill to be entitled An act relating to law enforcement officers; amending s. 112.19, F.S.; redefining the term "law enforcement officer" with respect to provisions relating to death benefits; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative Cosgrove- HB 437-A bill to be entitled An act relating to solid waste disposal facilities; amending s. 403.705, F.S.; requiring the Department of Environmental Regulation to study long-term planning and site selection for such facilities; requiring a report; providing for a 5-year plan; amending s. 403.706, F.S.; requiring counties to hold annual public hearings relating to landfills; creating s. 403.7077, F.S.; restricting certain landfill cell height; providing an administrative fine; providing for injunction; providing an effective date. 23 Filed By Representative Cosgrove- HB 439-A bill to be entitled An act relating to local government comprehensive plans; amending s. 163.3177, F.S.; providing that an educational facilities element and a public safety element shall be required elements of such plans; amending s. 235.193, F.S., to conform; providing an effective date. Filed By Representative Logan- HB 441-A bill to be entitled An act relating to small business assistance; amending s. 11.42, F.S., relating to the Auditor General; providing for an audit statement regarding agency compliance with minority business enterprise procurement goals; creating s. 14.27, F.S.; creating a Business Permitting Liaison in the Executive Office of the Governor and providing duties and services thereof; amending s. 215.422, F.S.; specifying certain rights of vendors in state agency purchasing agreements; amending s. 255.05, F.S.; revising certain contractor bonding requirements; requiring specified annual reports; amending s. 287.042, F.S., relating to the powers, duties, and functions of the Division of Purchasing of the Department of General Services; revising dates of publication and mailing of notices for invitations to bid; providing definitions; providing clarifying language with respect to determining the base amount for assessing compliance with percentage requirements for procurement contracts by minority business enterprises; providing minority business enterprise requirements in multiple supplier contracts; providing certain reporting requirements with respect to minority business enterprises in state contracting; providing for the breaking of contracts into smaller units or multiple smaller contracts; requiring annual reports; amending s. 287.057, F.S., relating to procurement of commodities or contractual services; providing for direct payment of minority business enterprises; requiring annual reports; amending s. 287.058, F.S.; adding a required provision to contractual services documents specifying contractor responsibility for payment of subcontractors and suppliers; amending s. 287.0585, F.S.; requiring contractor certification of progress payments to subcontractors and suppliers; creating s. 287.085, F.S.; providing for price preference to small businesses and Florida and Florida-based businesses in competitive bid proceedings under certain circumstances; amending s. 287.0943, F.S.; providing for acceptance of minority business enterprises as certified under specified circumstances; amending s. 288.707, F.S.; prohibiting appointment of members of the Legislature to the Florida Black Business Investment Board; amending s. 337.17, F.S., relating to bid guaranty requirements in Department of Transportation construction contracts; providing an effective date. Referred to the Committees on Commerce and Appropriations. By Representative Hill- HB 443-A bill to be entitled An act relating to homeowners' associations in residential developments; providing definitions; providing for the transfer of the control of the board of administration of a mandatory homeowners' association from the developer to the unit owners under certain circumstances; providing for the transfer of certain property; providing an effective date. Referred to the Committee on Judiciary. By Representative Glickman- HB 445-A bill to be entitled An act relating to political advertisements; creating s. 106.1432, F.S.; providing requirements with respect to certain political advertisements; providing an effective date. Referred to the Committee on Ethics & Elections. By Representatives K. Smith, Bainter, Chestnut- HB 447-A bill to be entitled An act relating to water and wastewater systems; amending s. 367.045, F.S.; revising the Water and Wastewater System Regulatory Law to require applicants for a certificate of authorization to provide a bond in a certain amount; providing an effective date. March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES 24 JOURNAL OF THE HOUSE Referred to the Committees on Regulated Services & Technology and Appropriations. By Representatives K. Smith, Bainter, Chestnut- HB 449-A bill to be entitled An act relating to local option tourist development taxes; amending s. 125.0104, F.S.; authorizing the use of such taxes to finance artificial structures and activities relating to beach improvement; providing for bonds; providing an effective date. Referred to the Committees on Tourism, Hospitality & Economic Development and Finance & Taxation. HB 451-Withdrawn By Representative Cosgrove- HB 453-A bill to be entitled An act relating to legal relationship; amending s. 742.09, F.S.; prohibiting media publication indicating that a child born out of wedlock is illegitimate, and providing criminal penalties; providing an effective date. Filed By Representative Tobiassen- HB 455-A bill to be entitled An act relating to wildlife; creating s. 372.989, F.S.; providing a penalty for certain use or display of a light in a manner capable of disclosing the presence of wildlife; providing exceptions; providing an effective date. Referred to the Committee on Natural Resources. By Representative Hoffmann- HB 457-A bill to be entitled An act relating to obstruction of justice; creating s. 843.085, F.S.; prohibiting unauthorized wearing or display of certain badges, emblems, and other criminal justice agency identifiers; prohibiting unauthorized display on vehicles of certain police-related markings or identifiers; regulating sale or transfer of certain badges and requiring recordkeeping for such transactions; providing that the section is cumulative to other laws; providing criminal penalties; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representatives Ostrau, Jennings- HB 459-A bill to be entitled An act relating to weapons and firearms; creating s. 790.222, F.S.; providing legislative findings and intent with respect to assault weapons; prohibiting unlawful possession of assault weapons; providing definitions; providing criminal penalties; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Geller- HB 461-A bill to be entitled An act for the relief of James McWilliams, providing an appropriation to compensate him for injuries suffered as a result of the negligence of the Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles; providing an effective date. Referred to the Committee on Claims. By Representatives Bloom, Gordon, Graber, Simone, Frankel, Holzendorf, Press- HB 463-A bill to be entitled An act relating to state employees; providing legislative intent; creating the "Family Support Personnel Policies Act"; directing the Department of Administration to develop a model rule with respect to family support personnel policies; providing a timeframe for the adoption of the rule; directing agencies to appoint advisory committees by a certain date; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. ] HB 477-Withdrawn ____ __ __ ____ __ ___ E OF REPRESENTATIVES March 5, 1991 By Representatives McEwan, Glickman, Rudd, Mackey, Jennings- HB 465-A bill to be entitled An act relating to disability leave; creating s. 321.061, F.S.; providing that certain law enforcement officers who sustain a work-related disability shall be carried on full-pay status under certain circumstances; providing a definition; providing an effective date. Referred to the Committees on Commerce and Appropriations. By the Committee on Tourism, Hospitality & Economic Development and Representatives Reddick, Brennan, Bloom, Foley, Chestnut, Simone, Hawkes, Glickman- HB 467-A bill to be entitled An act relating to economic development; amending ss. 220.03, 220.183, and 624.5105, F.S., relating to community contribution tax credits against the corporate income tax and insurance premium tax; revising provisions relating to limitations on credits and carryover of credits; specifying that a taxpayer eligible for the insurance premium tax credit is not eligible for the corporate income tax credit; revising the definitions of eligible sponsors and areas; providing additional application requirements; requiring that projects be consistent with local government comprehensive plans; revising requirements for the approval of projects; providing that housing activities included in projects may include revolving loan programs; limiting administrative and operating expenses that may be considered part of a project; amending s. 288.063, F.S.; providing an exemption to certain fund transfer provisions in contracts executed by the Division of Economic Development with governmental bodies for transportation projects; amending s. 20.17, F.S.; providing additional duties for the Motion Picture, Television, and Recording Industry Advisory Council; creating s. 288.045, F.S.; providing legislative findings and policy regarding the motion picture, television, video, and recording industries; requiring the division to review rules for negative impacts on these industries; providing an effective date. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Arnold- HB 469-A bill to be entitled An act relating to title insurance; creating the Title Insurance Statutory Review Commission; providing for appointment of members; requiring the commission to study and report to the Legislature on specified statutory provisions relating to title insurance; providing for expiration of the commission; providing restrictions on appointment authority; providing for filling of vacancies; providing for meetings; providing for election of a chair; providing for hearings; specifying information that may be considered by the commission; providing for per diem and travel expenses; requiring the Department of Insurance to provide staff support; providing for payment of commission expenses out of the Insurance Commissioner's Regulatory Trust Fund; providing an effective date. Referred to the Committees on Insurance and Appropriations. By Representative Rojas- HB 471-A bill to be entitled An act relating to the Florida Public Education Lottery Act; amending s. 24.115, F.S.; restricting the amount of prizes; providing for distribution of certain prize moneys; providing an effective date. Referred to the Committees on Regulated Services & Technology, Finance & Taxation and Appropriations. By Representative Boyd- HB 473-A bill to be entitled An act relating to personnel of the school system; amending s. 231.15, F.S.; exempting volunteer athletic coaches from certain certification requirements; providing an effective date. Referred to the Committee on Public Schools. HB 475-Withdrawn JOURNAL OF THE HOUSE OF REPRESENTATIVES HB 479-Withdrawn By Representatives Graber, Ostrau- HB 481-A bill to be entitled An act relating to school zone speed limits; amending s. 316.1895, F.S.; providing for certain speed limits before, during, and after regularly scheduled breakfast programs at schools; providing an effective date. Referred to the Committee on Transportation. By Representatives Valdes, Rojas- HB 483-A bill to be entitled An act relating to false pretense; creating s. 817.025, F.S.; prohibiting home or private business invasion by false personation or representation with intent to commit a felony; providing criminal penalties; providing capital felony penalties if a deadly weapon is used; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representatives Glickman, Johnson, Silver, Bloom, Wise, Rush, Hawkins, Sanderson, Peeples, Cosgrove, Ritchie, Graber, Morse, Valdes, Huenink, Flagg, Lewis, Stone, Sansom, Diaz-Balart, Jennings, Rayson, Stafford, Mishkin, Hoffmann, Mortham, Rojas, Brennan, King, Bainter, Corr, Grindle, K. Smith, Abrams, Graham, Ireland, Davis, Sindler, Hafner, Geller, Figg, Rudd, Lippman, Bronson, Pruitt, Deutsch, Arnall, Simone, Holland, Thomas, Harden, Press, Healey, Garcia, Safley, Dennis Jones, Muscarella, Hill, Guber, Saunders, Kelly, Ascherl, Roberts, Reddick, Wallace, Webster, De Grandy, Gordon, Liberti, Tobin, Young, Lawson, Mackey, Simon, Burke, Sembler- HB 485-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(2), 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. Referred to the Committees on Criminal Justice and Appropriations. By Representatives Mortham, Langton, Burke, Harden, Safley, Hawkins, King, Sanderson, Huenink, Hill, Dennis Jones, Frankel, Gordon, Webster, Wise, Banjanin, Starks, Lombard, Foley, Valdes, Bainter, Sansom, Grindle- HB 487-A bill to be entitled An act relating to taxation; creating s. 213.015, F.S.; providing requirements with respect to the rights, safeguards, and protections afforded taxpayers during tax assessment, collection, and enforcement processes; creating s. 213.018, F.S.; providing for a taxpayer problem resolution program; providing for a taxpayers' rights advocate with authority to issue taxpayer assistance orders; amending s. 213.21, F.S.; providing a taxpayer's right to have representation and record informal conferences; providing that a taxpayer may demonstrate during audit a basis for reasonable cause for penalty compromise; creating s. 213.025, F.S.; requiring the Department of Revenue to conduct its audits, inspections, and interviews at reasonable times and places, with exceptions; amending s. 213.34, F.S.; directing the department to offset overpayments against deficiencies; creating s. 213.731, F.S.; requiring notice before collection action is taken; providing a taxpayer's right to protest and seek a review; creating s. 213.732, F.S.; providing procedural requirements, taxpayers' rights, and venue for certain legal actions with respect to jeopardy findings and assessments; creating s. 213.733, F.S.; providing for cancellation, amendment, or modification of warrants; creating s. 213.734, F.S.; providing requirements with respect to payment of interest; amending ss. 199.262, 206.075,211.125, 211.33, 212.14, 212.15, 214.12, and 214.45, F.S.; specifying procedures applicable if jeopardy to the revenue exists and is asserted in or with an assessment; repealing s. 214.12(4), F.S., relating to taxpayer protest regarding a jeopardy assessment lien; amending s. 20.21, F.S.; creating within the department the position of taxpayers' rights advocate and providing his responsibilities; amending s. 72.011, F.S.; prohibiting certain legal actions when an action has been initiated under s. 120.575, F.S.; amending s. 95.091, F.S.; revising the period of time during which the department may determine and assess taxes, penalties, and interest; requiring the department to commence an audit within a specified period of time after it issues a notice of intent to conduct an audit; amending s. 120.575, F.S.; providing procedures and requirements applicable when a taxpayer contests specified taxes, interest, or penalties; providing requirements relating to petitions, hearings, and orders; providing venue; providing powers of hearing officers and panels; providing for liens; providing for recovery of legal costs, including attorney's fees; amending s. 120.65, F.S.; requiring that hearing officers be administrative law judges; providing for a uniform rate of pay; providing an appropriation; providing severability; providing an effective date. Referred to the Committees on Governmental Operations, Finance & Taxation and Appropriations. By Representatives McEwan, Sindler, Hanson, Cosgrove- HB 489-A bill to be entitled An act relating to telecommunications; creating s. 364.245, F.S.; providing findings; providing circumstances and procedures for discontinuation of telecommunications service when the service is used for an unlawful purpose; providing an effective date. Referred to the Committee on Regulated Services & Technology. By Representative Glickman- HB 491-A bill to be entitled An act relating to felony offenders; creating s. 775.0815, F.S.; classifying sentenced felons for corrections purposes; amending s. 775.087, F.S.; increasing the mandatory minimum term of imprisonment for specified firearms violations; amending s. 921.001, F.S.; providing for preadmission release of certain offenders; amending s. 921.187, F.S.; placing certain restrictions on disposition and sentencing alternatives; amending s. 944.012, F.S.; clarifying legislative intent as to classifications of felony offenders for corrections purposes; amending s. 944.026, F.S.; providing a limitation on when felony offenders may be placed in community-based facilities and programs; amending s. 944.09, F.S.; requiring adoption of rules for classification and separation of felony offenders; amending s. 944.17, F.S.; providing a limitation on placement, transfer, and reclassification of felony offenders; amending s. 944.1905, F.S.; requiring inmate classification of felony offenders to be in March 5, 1991 25 26 JOURNAL OF THE HOUSE accordance with the sentenced felons classification system; amending s. 944.275, F.S.; providing a prisoner eligibility restriction on the authority to grant certain gain-time; amending s. 944.605, F.S.; providing for release notice with respect to preadmission release offenders; amending s. 945.025, F.S.; restricting the jurisdiction of the Department of Corrections with respect to the placement and rehabilitation of felony offenders; amending s. 947.135, F.S.; limiting use of the mutual participation program; amending ss. 947.1405 and 947.146, F.S.; limiting the use of conditional release and control release, expanding the length of supervision, and imposing a required condition; authorizing the Control Release Authority to order restitution; amending s. 947.16, F.S.; revising the cumulative sentence structure for initial parole interviews and revising provisions relating to parole eligibility and retention of jurisdiction by the court; amending s. 947.165, F.S.; providing a restriction on parole guidelines; amending s. 947.174, F.S.; requiring a recommendation for work-release for the 12-month period before parole release; amending s. 947.1745, F.S.; providing for length of supervision on parole; amending s. 947.18, F.S.; placing a required condition on parole release; amending s. 947.24, F.S.; revising the length of time on parole before discharge; amending s. 948.03, F.S.; placing a required condition on release on probation or community control; amending ss. 212.03, 212.031, 212.04, 212.05, 212.0506, 212.06, and 212.08, F.S.; increasing the tax on sales, use, and other transactions; amending s. 212.12, F.S.; directing the Department of Revenue to adopt tax brackets; amending s. 212.20, F.S.; providing for reallocation of the proceeds of the increase to the Correctional Facilities and Programs Trust Fund; establishing such trust fund within the Department of Corrections for the deposit and expenditure of proceeds of the sales tax increase; providing an appropriation; providing an effective date. Referred to the Committees on Corrections, Finance & Taxation and Appropriations. By Representative Glickman- HB 493-A bill to be entitled An act relating to liability for injury or damage caused by others; amending s. 768.125, F.S.; providing that a person who sells or furnishes alcoholic beverages to another is not liable for injury or damage caused by the person served unless a reasonable person would not have sold or furnished alcoholic beverages to such person; providing that a person who sells or furnishes alcoholic beverages to a person who is not of drinking age or who is obviously intoxicated or who knowingly serves a person habitually addicted to alcohol is liable for injury or damage caused by the person served; providing an effective date. Referred to the Committee on Judiciary. By Representative Glickman- HB 495-A bill to be entitled An act relating to the right of eminent domain to counties; amending s. 127.01, F.S.; providing that in eminent domain proceedings a county's burden of showing reasonable necessity for parks, playgrounds, recreational centers, or other types of recreational purposes shall be the same as the burden in other types of eminent domain proceedings; providing an effective date. Referred to the Committee on Judiciary. By Representative Glickman- HB 497-A bill to be entitled An act relating to immunity from civil liability; creating s. 768.095, F.S.; providing former employers with immunity from civil liability in the good-faith disclosure of information regarding the job performance of former employees to prospective employers; providing an evidentiary standard; providing an effective date. Referred to the Committee on Judiciary. By Representative Glickman- HB 499-A bill to be entitled An act relating to public health; amending s. 381.061, F.S., relating to duties of the Department of Health and Rehabilitative Services; providing conditions for the state's preemption of the ranking of food service establishments; providing an effective date. Referred to the Committee on Health & Rehabilitative Services. i E OF REPRESENTATIVES March 5, 1991 By Representative Tobiassen- HCR 501-A concurrent resolution declaring the week of July 4th, 1991, as "Buy American Week." Referred to the Committee on Commerce. By Representatives Bloom, Mackey, Healey, Sindler- HB 503-A bill to be entitled An act relating to law enforcement officers; amending s. 943.22, F.S.; deleting language with respect to the salary incentive program for full-time law enforcement officers which provides that contributions shall not be required and benefits shall not be paid under the Florida Retirement System for payments made under the program; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative Tobiassen- HB 505-A bill to be entitled An act relating to education; amending ss. 233.0677 and 236.081, F.S.; providing for a full-time program for gifted students with respect to the Florida Education Finance Program; providing for implementation; providing an effective date. Referred to the Committees on Public Schools and Appropriations. By Representative Ritchie- HB 507-A bill to be entitled An act relating to unemployment compensation; amending s. 443.111(1), F.S., and repealing ch. 82-23, Laws of Florida, as amended; continuing, for a limited time, a provision allowing payment of unemployment benefits by mail and providing different procedures for the payment of unemployment benefits after that period; providing effective dates. Referred to the Committee on Employee & Management Relations. By Representative Hanson- HJR 509-A joint resolution proposing the creation of Section 19 of Article VII of the State Constitution relating to exemptions from state taxes and fees. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Healey- HB 511-A bill to be entitled An act relating to physical therapy practice; amending s. 486.021, F.S.; revising definition of the term physical therapy; amending s. 486.125, F.S.; providing additional grounds for which disciplinary actions may be taken; providing an effective date. Referred to the Committee on Regulatory Reform. HB 513-Withdrawn By Representative Cosgrove- HB 515-A bill to be entitled An act relating to regulation of nonpublic- sector buses; providing definitions; prohibiting certain counties and local governmental entities from unduly restricting or imposing economic regulation on the use of specified nonpublic-sector buses in intercounty transportation and over intercity transportation routes or on private-sector contract transportation agreements for the use of nonpublic-sector buses other than on intercity transportation routes; providing that the exemption from local regulation runs to the bus owner and not the bus; limiting the duration of such exemptions; amending s. 341.102, F.S.; prohibiting local governmental entities from unduly restricting or imposing economic regulation on nonpublic-sector buses engaged in intercity transportation; providing an effective date. Filed By Representative Clark- HB 517-A bill to be entitled An act relating to judicial nominating commissions; amending s. 43.29, F.S.; requiring each judicial nominating commission to include certain membership by members of racial or ethnic minority groups; providing an effective date. JOURNAL OF THE HOUSI Referred to the Committee on Judiciary. By Representatives Guber, Rojas, Gordon, Chestnut, Cosgrove, Reddick, Kelly, Logan, Lippman, Hoffmann- HB 519-A bill to be entitled An act relating to education; amending s. 228.086, F.S.; revising provisions relating to regional centers of excellence; authorizing the establishment of such centers by youth and children's museums; expanding the programs offered at such centers; providing an effective date. Referred to the Committees on Public Schools and Appropriations. By Representatives Lewis, Chestnut, Mackenzie, Figg, Sansom, Mortham, Sanderson, Stone- HB 521-A bill to be entitled An act relating to education; amending s. 230.2303, F.S.; providing for the housing of certain educational services of Florida First Start model schools for coordinated children's services; amending s. 230.2305, F.S.; clarifying conditions for participation in the prekindergarten early intervention program based upon economic status; providing an effective date. Referred to the Committees on Public Schools and Appropriations. By Representative Lewis- HR 523-A resolution to commemorate the 1991 Black Gold Festival in Belle Glade. Referred to the Committee on Rules & Calendar. By Representatives King, Stone, Chinoy- HB 525-A bill to be entitled An act relating to motor vehicle licenses; creating s. 320.0846, F.S.; providing for special motor vehicle license plates for persons who are deaf or hearing impaired; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representatives Tobin, Wise- HB 527-A bill to be entitled An act relating to public officers and employees; amending s. 112.061, F.S.; increasing the state per diem and subsistence allowance and mileage allowance; providing for future increases based on the U.S. Internal Revenue Code; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representatives Albright, Kelly, Gordon, Bloom, Ritchie, Arnall, Sindler, Graham, Simone, Graber, Sanderson, Tobin, Foley, Mitchell, King, Reddick, Webster, Grindle, Tobiassen, Hanson- HB 529-A bill to be entitled An act relating to immunity from civil liability; creating s. 766.1115, F.S.; extending the state's sovereign immunity to physicians and allied health care professionals, and health care facilities, providing reduced-fee indigent or low-income health care services on behalf of a governmental entity; providing definitions; requiring contracts and specifying terms thereof; requiring indemnification of the state; requiring certain disclosures; amending s. 110.501, F.S.; amending the definition of "volunteer" to include health care professionals, and health care facilities, under certain circumstances; amending s. 110.504, F.S.; limiting volunteer protection to volunteer services, and reenacting ss. 110.502(2) and (3), and 410.201(4), F.S., relating to status of volunteers and older volunteers, to incorporate said amendment in references thereto; amending s. 768.28, F.S.; expanding the definition of "agent" for purposes of sovereign immunity to include persons, and health care facilities, providing volunteer or reduced-fee indigent or low-income health care on behalf of governmental entities, and reenacting ss. 766.203(1) and 766.207(1), F.S., relating to presuit investigation and voluntary binding arbitration of medical negligence claims, to incorporate said amendment in references thereto; amending s. 768.13, F.S.; providing immunity, except under circumstances demonstrating reckless disregard for the consequences, to physicians and March 5, 1991 E OF REPRESENTATIVES 27 health care personnel, and health care facilities, rendering care to a patient in need of obstetrical services under certain circumstances; providing definitions, and reenacting ss. 401.265(3), 458.331(1)(p), 459.015(1)(t), and 766.103(2), F.S., relating to medical directors, grounds for disciplinary actions against physicians and osteopathic physicians, and medical consent, to incorporate said amendment in references thereto; providing for severability; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representatives C. Smith, Mackey, Sansom- HB 531-A bill to be entitled An act relating to petroleum storage; amending s. 206.9935, F.S.; extending the operation of the tax for inland protection; amending s. 376.301, F.S.; revising the definition of the term "person responsible for conducting site rehabilitation" for the purposes of the Pollutant Spill Prevention and Control Act; amending s. 376.305, F.S.; revising the definition of the term "abandoned petroleum storage system"; increasing the time period for the submission of applications under the Abandoned Tank Restoration Program; providing for the usage of certain funds; providing criteria for the use of the Abandoned Tank Restoration Program by the Department of Environmental Regulation; providing for the collection of certain funds; amending s. 376.3071, F.S.; revising language with respect to the Inland Protection Trust Fund to authorize usage of that fund for the Abandoned Tank Restoration Program; eliminating the expiration of an incentive program; amending s. 376.3072, F.S.; authorizing certain lending institutions under the Florida Petroleum Liability Insurance and Restoration Program to conduct certain cleanup operations; amending s. 376.3073, F.S.; providing for state agency programs for control of contamination; amending chapter 88-331, Laws of Florida; providing an additional time period for the compilation of a report on pollution liability insurance; eliminating reference to the expiration of the Florida Petroleum Liability Insurance Program; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representative C. Smith- HB 533-A bill to be entitled An act relating to commercial motor vehicles; amending s. 316.3027, F.S.; requiring display of the vehicle owner's telephone number; requiring display of certain information on the rear of the vehicle; providing exceptions; providing that the use of a company logo complies with identification requirements only if a unit number is displayed; reenacting s. 316.3025(3)(a), F.S., for the purpose of incorporating the amendment to s. 316.3027, F.S., in a reference thereto; providing penalties; providing an effective date. Referred to the Committee on Transportation. By Representatives C. Smith, Harris- HB 535-A bill to be entitled An act relating to water resources; amending s. 373.073, F.S.; prohibiting governing board and basin board members of water management districts from holding dual public office and providing exceptions; providing requirements relating to appointment of governing board members; providing requirements relating to the terms of certain members appointed to district governing boards; amending s. 373.0735, F.S.; providing for terms of the members of the governing board of the Southwest Florida Water Management District; amending s. 373.079, F.S.; authorizing district governing boards to delegate to the executive director or his designee certain authority regarding permits; amending s. 373.103, F.S.; providing that such boards may be authorized to delegate to local governments certain enforcement powers relating to stormwater permitting or surface water management; amending s. 373.117, F.S.; providing that such boards or the Department of Environmental Regulation may require certain certifications by specified professionals with respect to certain permits and licenses; creating s. 373.122, F.S.; providing powers of inspection of district representatives; providing for issuance of inspection warrants by the county and circuit courts; amending s. 373.129, F.S.; providing for maintenance of actions by local governments to which enforcement powers have been delegated and authorizing deposit JOURNAL OF THE HOUSE OF REPRESENTATIVES of civil penalties in a local trust fund; creating s. 373.1395, F.S.; providing limitations on the liability of districts that make park areas or other land available to the public for outdoor recreational purposes or that lease land or water areas to the state for such purposes; amending s. 373.2295, F.S.; providing additional requirements with respect to application for the interdistrict transfer of groundwater; amending s. 373.309, F.S.; authorizing the department to delegate enforcement authority relating to water wells; amending s. 373.342, F.S.; correcting a cross reference; amending s. 373.459, F.S.; deleting an obsolete reference; amending s. 373.503, F.S.; deleting obsolete language; revising the apportionment of millage levied by the Southwest Florida Water Management District; amending s. 373.59, F.S.; authorizing the districts to use certain funds for staff costs associated with preacquisition activities; amending s. 376.307, F.S.; correcting a cross reference; requiring the department and the districts to begin workshops and propose a legislative plan for dredge and fill delegation or transfer; providing for review of district budgets by specified legislative committees; requiring districts to provide, by publication in a local newspaper, notice of intent to adopt, amend, or repeal any rule; providing effective dates. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representative Burke- HB 537-A bill to be entitled An act for the relief of Freddie Lee Pitts and Wilbert Lee; providing an appropriation to compensate them for wrongful imprisonment; providing an effective date. Referred to the Committees on Claims and Appropriations. By Representatives Johnson, Sansom, Sindler- HB 539-A bill to be entitled An act relating to veterans; creating s. 295.0195, F.S.; providing educational opportunity at state expense for dependent children of deceased or disabled military personnel who died or became disabled in the Mideast Persian Gulf military arena; amending s. 295.02, F.S.; conforming provisions; providing an effective date. Referred to the Committees on Veterans & Military Affairs & Emergency Preparedness and Appropriations. By Representatives Rudd, Mackey, Harris- HB 541-A bill to be entitled An act relating to hazardous waste facility permits; amending s. 403.722, F.S.; requiring an applicant for a permit to construct, modify, or operate a facility that will burn hazardous waste, hazardous waste fuel, or biohazardous materials to notify certain local governments and publish notice in a local newspaper a specified time before applying; providing an effective date. Referred to the Committee on Natural Resources. By Representatives Mackey, Rudd, Harris- HB 543-A bill to be entitled An act relating to hazardous waste facility permits; amending s. 403.722, F.S.; providing a limitation on the transfer of permits for specified facilities; providing an effective date. Referred to the Committee on Natural Resources. By Representative Lippman- HB 545-A bill to be entitled An act relating to the lottery; creating s. 24.1195, F.S.; providing for a surcharge on the sale at retail of lottery tickets and for the collection and distribution of proceeds; providing for trust funds and use of funds deposited therein; amending ss. 24.114, 24.120, and 24.121, F.S.; conforming provisions; amending s. 24.122, F.S.; providing an exception to the exemption from taxation on the sale of lottery tickets; providing an effective date. Referred to the Committees on Regulated Services & Technology, Finance & Taxation and Appropriations. By Representative Liberti- HB 547-A bill to be entitled An act relating to insurance; amending s. 627.736, F.S.; requiring payment of charges for treatment of injured persons under personal injury protection policies directly to the person who rendered treatment; providing that payment to another person does not relieve the insurer of its liability to the provider; prohibiting an insurer from refusing to accept an assignment of personal injury protection benefits; revising requirements for physical examinations of injured persons; limiting actions of examining physician; specifying liability of insurer for acts of the examining physician; specifying acts that constitute violations of the Insurance Code; providing an effective date. Referred to the Committees on Insurance and Appropriations. By Representative Goode- HB 549-A bill to be entitled An act relating to building permits; amending s. 553.79, F.S.; providing for notification requirements to accompany the issuance of certain building permits; providing an effective date. Referred to the Committee on Community Affairs. HB 551-Withdrawn By Representatives Lewis, Lippman, Foley- HB 553-A bill to be entitled An act relating to Florida Atlantic University; providing legislative intent; amending s. 3, ch. 82-247, Laws of Florida; removing site specific restrictions for the relocation of the Florida Atlantic University West Palm Beach Center and for the expenditure of proceeds from the sale of land; providing for the sale of the Florida Atlantic University TV Tower Site to fund the acquisition, purchase, lease, renovation, or expansion of facilities for use by Florida Atlantic University; providing an effective date. Referred to the Committees on Community Affairs, Postsecondary Education and Appropriations. By Representative Clark- HB 555-A bill to be entitled An act relating to the Department of Legal Affairs; creating s. 16.61, F.S.; creating the Division of Civil Rights; specifying powers and duties of the division; providing an appropriation; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representative Grindle- HB 557-A bill to be entitled An act relating to real estate; amending s. 475.045, F.S.; revising language with respect to the duties of the Foundation Advisory Committee to the Florida Real Estate Commission Education and Research Foundation; amending s. 475.22, F.S.; providing requirements with respect to brokers whose registered office is located outside the State of Florida; amending s. 475.25, F.S.; revising language with respect to discipline; amending s. 475.5015, F.S.; revising language with respect to brokerage business records; repealing s. 475.011, F.S., eliminating an exemption with respect to any person employed as a manager of a condominium or cooperative apartment complex; providing an effective date. Referred to the Committees on Regulatory Reform and Appropriations. By Representative Corr- HB 559-A bill to be entitled An act relating to death sentence proceedings; amending ss. 921.141 and 921.142, F.S.; adding as an aggravating circumstance that the victim was a minor in the care, custody, or control of the defendant; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. 28 March 5, 1991 JOURNAL OF THE HOUSI By Representative Flagg- HB 561-A bill to be entitled An act relating to law enforcement officers; providing an appropriation to provide a competitive pay adjustment for certain law enforcement employees of the Florida Highway Patrol; providing for adjustments in pay plans to conform; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative Corr- HB 563-A bill to be entitled An act relating to construction contractors; amending s. 255.05, F.S.; providing a revised time period for the filing of a notice to proceed against a bond with respect to rental equipment used at a public building construction site; providing an effective date. Referred to the Committee on Governmental Operations. By the Committee on Regulatory Reform and Representatives Tobin, Chinoy- HB 565-A bill to be entitled An act relating to the Union Bank Advisory Council; repealing s. 267.073, F.S., relating to creation of the council, pursuant to scheduled Sundown repeal; providing an effective date. Placed on the Calendar without reference. By the Committee on Regulatory Reform and Representatives Tobin, Chinoy- HB 567-A bill to be entitled An act relating to the Florida Museum of Natural History; repealing s. 240.515(2), F.S., relating to the Museum of Medical History and the Florida Medical Museum Council; providing an effective date. Referred to the Committee on Appropriations. By the Committee on Regulatory Reform and Representatives Tobin, Rudd- HB 569-A bill to be entitled An act relating to public health facilities; repealing part V of chapter 154, F.S., which comprises the State Health Facilities Authority Law; providing an effective date. Referred to the Committee on Appropriations. By the Committee on Regulatory Reform and Representatives Tobin, Rudd- HB 571-A bill to be entitled An act relating to Sunset review and repeal; amending chapters 87-394, 86-265, 86-284, 86-256, 86-291, 86-223, 86-119, and 86-292, Laws of Florida; rescheduling Sunset review and repeal of provisions relating to asbestos contractors and consultants, acupuncture, nursing, pharmacy, dentistry, nursing home administrators, auctioneers, and talent agencies; providing an effective date. Placed on the Calendar without reference. By the Committee on Governmental Operations and Representative Figg- HB 573-A bill to be entitled An act relating to confidentiality of records relating to health care; amending ss. 400.145, 407.02, 407.31, and 409.7015, F.S., which provide exemptions from public records requirements for certain records of nursing homes, hospitals, and the Florida Health Access Corporation; saving such exemptions from repeal; providing for future review and repeal; amending s. 409.266, F.S., which provides an exemption from public records requirements for the Department of Health and Rehabilitative Services with respect to certain information relating to Medicaid providers; saving such exemption from repeal; providing for future review and repeal; removing the exemption for certain information relating to prepaid health care plan premium determination; reenacting s. 409.2664(1)(g) and (2)(a), F.S., which provide exemptions from public records requirements for certain patient records March 5, 1991 SOF REPRESENTATIVES 29 examined by the Auditor General; saving such exemptions from repeal; providing an effective date. Placed on the Calendar without reference. By the Committee on Governmental Operations and Representative Figg- HB 575-A bill to be entitled An act relating to confidentiality of records relating to the blind or hearing impaired; amending s. 413.011, F.S.; creating an exemption from public records requirements for the register of the blind maintained by the Division of Blind Services; amending ss. 413.012 and 427.506, F.S., which provide exemptions from public records requirements for certain records of the division and the Florida Council for the Hearing Impaired; clarifying such exemptions and saving such exemptions from repeal; providing for future review and repeal; authorizing release of certain information by the division under certain circumstances; providing an effective date. Placed on the Calendar without reference. By Representative Logan- HB 577-A bill to be entitled An act relating to obscenity; amending s. 847.011, F.S.; revising language with respect to the prohibition of certain acts in connection with obscene, lewd, or related materials; deleting language with respect to property rights in certain obscene material seized, circuit court jurisdiction to enjoin certain threatened violations, and legislative intent language; amending s. 847.0125, F.S.; including reference to phonograph records, wires or tapes, or other recordings of certain materials which are harmful to minors within an offense and penalty provision; repealing s. 847.02, F.S., relating to the confiscation of obscene material; repealing s. 847.03, F.S., relating to the requirement that an officer seize certain obscene material; amending s. 847.06, F.S.; revising language with respect to the transportation of obscene material into the state; amending s. 847.07, F.S.; revising language with respect to the wholesale promotion of obscene materials; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. HB 579-Withdrawn By Representative Goode- HB 581-A bill to be entitled An act relating to the correctional system; amending s. 944.605, F.S.; providing for notification if so requested upon approval to participate in the community work release program; amending s. 947.177, F.S.; requiring specified notification prior to any anticipated release and providing an exception; providing an effective date. Referred to the Committees on Corrections and Appropriations. By Representatives Holzendorf, King, Silver, Wise, De Grandy- HB 583-A bill to be entitled An act relating to law enforcement officers; amending s. 112.18, F.S.; including law enforcement officers within special provisions relative to disability that are currently applicable to firemen; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative Corr- HB 585-A bill to be entitled An act relating to consumer protection investigations; amending s. 119.07, F.S.; exempting certain records and information obtained in investigating alleged violations of consumer protection laws from the requirements providing for inspection of public records until the respective records and information become part of an official record of any hearing or court proceeding; providing an effective date. Referred to the Committee on Governmental Operations. By Representative Huenink- HJR 587-A joint resolution proposing an amendment to Section 6 of Article VII and the creation of Section 20 of Article XII of the State Constitution relating to homestead exemption. 3 0 JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committees on Finance & Taxation and Appropriations. Referred to the Committee on Ethics & Elections. By Representatives C. Smith, Sansom, Hanson- HB 589-A bill to be entitled An act relating to government efficiency; creating the "Fiscal Responsibility Underwriting Gubernatorial and Legislative Expenditures Act"; requiring the Governor to produce an annual report proposing improvements to executive department efficiency and productivity, as specified; requiring distribution of the report; providing definitions; requiring the Joint Legislative Auditing Committee to hold public hearings and meet with certain consumer groups; requiring the committee to submit to the Governor and the Legislature certain recommendations; requiring written responses to such recommendations; amending s. 216.164, F.S.; requiring the Governor to submit certain supplementary budget materials; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representatives Arnall, King- HB 591-A bill to be entitled An act relating to community control; amending ss. 948.01 and 948.10, F.S.; requiring certain notifications of offender placements and update notifications of offender violations; providing an effective date. Referred to the Committees on Corrections and Appropriations. By Representative Webster- HB 593-A bill to be entitled An act relating to alcoholic beverages; creating s. 562.145, F.S.; prohibiting the selling of an alcoholic beverage at a price other than at the licensee's initial price charged that week, certain free dispensing of alcoholic beverages for consumption on the licensee's premises, or selling to a person all the alcoholic beverages that the person is able to consume on the premises for a single price covering all beverages so consumed; prohibiting licensees from conducting or authorizing certain drinking games or contests on the premises; providing exceptions; providing penalties; providing an effective date. Referred to the Committees on Regulated Industries and Appropriations. By Representative Cosgrove- HB 595-A bill to be entitled An act relating to buying services; creating ss. 559.3901-559.3906, F.S.; creating the Buying Services Act of 1991; providing definitions; providing for right of cancellation, refunds, nonwaivable rights, requirements, notice and effect of noncompliance with respect to contracts of membership; providing for required disclosures and prohibited acts; providing penalties with respect to violations of the act; providing an effective date. Referred to the Committee on Regulated Services & Technology. By Representative Hawkins- HB 597-A bill to be entitled An act relating to prostitution; establishing an action for compensatory damages and punitive damages by a prostitute against the person who coerced that person into, or who coerces that person to remain in, prostitution, and against a person who, through coercion, collects or receives any of the prostitute's earnings derived from prostitution; providing a definition for the term "prostitution"; providing an effective date. Referred to the Committee on Judiciary. By Representative Banjanin- HB 599-A bill to be entitled An act relating to elections; amending s. 100.011, F.S.; providing for opening and closing of the polls simultaneously in the eastern and central time zones; creating s. 101.625, F.S.; authorizing absentee voting by electors with disabilities, under certain circumstances; requiring certification; amending ss. 97.021 and 101.64, F.S., relating to the definition of "absent elector" and to the voter's certificate, to conform; providing an effective date. March 5, 1991 By Representative Guber- HB 601-A bill to be entitled An act relating to handguns; providing for a surcharge to be levied on retail sales of handguns; providing for such surcharge to be remitted to the Department of Revenue; requiring the department to adopt rules; providing for moneys collected from the surcharge to be deposited into the Trauma Services Trust Fund; providing an effective date. Referred to the Committees on Criminal Justice, Finance & Taxation and Appropriations. By the Committee on Regulatory Reform and Representatives Tobin, Chinoy- HB 603-A bill to be entitled An act relating to the Florida Endowment Trust Fund for Eminent Scholars Act; saving s. 240.257 (6)(c), F.S., relating to committees to process eminent scholar applications, from Sundown repeal; providing an effective date. Placed on the Calendar without reference. By the Committee on Regulatory Reform and Representatives Tobin, Chinoy- HB 605-A bill to be entitled An act relating to the blind services program; amending s. 413.011, F.S.; revising provisions relating to membership of the Advisory Council for the Blind; providing for officers; saving s. 413.011(2), F.S., from Sundown repeal; providing for future review and repeal; providing an effective date. Referred to the Committee on Appropriations. By the Committee on Veterans & Military Affairs & Emergency Preparedness and Representatives Bronson, Rudd, Jennings, Dennis Jones, Clemons, K. Smith- HB 607-A bill to be entitled An act relating to emergency management; creating s. 252.311, F.S.; providing legislative intent; amending s. 252.32, F.S.; clarifying policy and purpose with respect to emergency management; amending s. 252.34; F.S.; providing definitions; amending s. 252.36, F.S.; providing clarifying language with respect to the emergency management powers of the Governor; amending and renumbering s. 252.35, F.S.; creating the Division of Emergency Management; providing duties and responsibilities; creating s. 252.365, F.S.; prohibiting the sale of supplies, services, provisions, or equipment during states of emergency at excessive prices; providing for the presumption of the establishment of emergency price gouging standards to the state; amending s. 252.38, F.S.; clarifying the emergency management powers of counties and municipalities; amending and renumbering s. 252.355, F.S.; requiring a voluntary registry of disabled persons; specifying the purpose of such registry; specifying the duties of the Department of Health and Rehabilitative Services with regard to the registry; providing timeframes for notification by electric utilities; providing confidentiality; providing for review and repeal; amending s. 252.51, F.S.; providing immunity from liability; amending s. 252.83, F.S.; requiring funding to county governments; amending s. 401.24, F.S.; providing for a medical disaster component of the emergency medical services plan; providing an effective date. Referred to the Committee on Appropriations. By Representative Banjanin- HB 609-A bill to be entitled An act relating to landlord and tenant; amending s. 83.59, F.S.; authorizing the attorney or agent of a landlord to file a complaint for the removal of a tenant; providing an effective date. Referred to the Committee on Judiciary. By Representative Valdes- HB 611-A bill to be entitled An act relating to controlled substances; amending s. 893.13, F.S.; providing that a person operating or in charge of a facility in which certain controlled substances are unlawfully JOURNAL OF THE HOUSE manufactured be sentenced to a mandatory term of 15 years and a fine of $500,000 for a first conviction and life imprisonment without eligibility for release for a second conviction; providing that such person is not eligible for parole or gain-time; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Valdes- HB 613-A bill to be entitled An act relating to abuse and neglect of certain adult persons; amending ss. 415.111, 775.15, F.S.; increasing the statutes of limitation for certain offenses involving abuse or neglect of aged persons or disabled adults; improving the clarity of provisions proscribing these offenses; providing an effective date. Referred to the Committee on Criminal Justice. By Representative Corr- HB 615-A bill to be entitled An act relating to trafficking in controlled substances; amending s. 893.135, F.S.; including mixtures containing cocaine in a reference to "cocaine"; providing that certain persons shall be sentenced to a term of life imprisonment; providing that certain sentences are not subject to sentencing guidelines; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. HB 617-Withdrawn By Representatives Bainter, Reddick, Wallace, Graham, Guber, Chestnut, Saunders, Hanson, Kelly, Press, Friedman, Hoffmann- HB 619-A bill to be entitled An act relating to beverage containers; providing definitions; requiring a specified refund value for beverage containers; providing duties of dealers, distributors, and vending machine operators; providing for reimbursement of dealers and redemption services; requiring that the refund value be stated on such containers; specifying conditions under which dealers, distributors, and manufacturers may refuse to accept beverage containers; requiring manufacturers and distributors to pay a portion of unreturned deposits to the state; authorizing the Department of Agriculture and Consumer Services and the Division of Alcoholic Beverages and Tobacco to impose fines for violation and providing for disposition thereof; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representatives K. Smith, Arnall, Bainter- HB 621-A bill to be entitled An act relating to jurors and grand jurors; amending s. 40.013, F.S.; providing that a person may not be excused from service on a jury solely because of deafness or hearing impairment; amending s. 90.6063, F.S.; requiring appointment of an interpreter to assist deaf jurors or grand jurors; amending s. 905.17, F.S.; authorizing interpreters to be present at grand jury deliberation or voting; amending s. 905.24, F.S.; prohibiting interpreters from disclosing grand jury proceedings; amending s. 913.03, F.S.; providing that deafness or hearing impairment is not a ground for challenging a juror; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Ritchie- HB 623-A bill to be entitled An act relating to pari-mutuel wagering; amending s. 550.04, F.S.; revising language with respect to racing meetings; amending s. 550.51, F.S.; eliminating a prohibition against permitholders operating more than 6 days in any week; providing an effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representative Corr- HB 625-A bill to be entitled An act relating to state prisoners; amending s. 947.146, F.S.; requiring the Control Release Authority to determine the amount and manner of restitution prison inmates are to pay to their victims or other aggrieved parties; providing an effective date. SOF REPRESENTATIVES 31 Referred to the Committees on Corrections and Appropriations. By Representative Hawkins- HJR 627-A joint resolution proposing an amendment to Section 5 of Article II of the State Constitution relating to public officers. Referred to the Committees on Community Affairs and Appropriations. HB 629-Withdrawn By Representative Hawkes- HB 631-A bill to be entitled An act relating to public records; amending s. 119.07, F.S.; prescribing the fee that may be charged for copying public records; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representative Davis- HB 633-A bill to be entitled An act relating to federal liens; creating the Florida Uniform Federal Lien Registration Act; specifying applicability; providing for filing of notices of federal liens, certificates, and other notices affecting federal liens; specifying duties of the Secretary of State and the clerks of the circuit courts; providing for fees; providing for uniformity of construction; providing an effective date. Referred to the Committees on Judiciary, Finance & Taxation and Appropriations. By the Committee on Regulatory Reform and Representatives Tobin, Rudd- HB 635-A bill to be entitled An act relating to the Department of Professional Regulation; amending s. 455.2175, F.S.; prohibiting the theft of examinations; providing penalties; amending s. 455.219, F.S.; providing for fees for duplicate licenses, research, certified copies, and duplication; amending s. 455.225, F.S.; specifying circumstances in which a formal hearing is required; amending s. 455.2275, F.S.; expanding applicability of prohibitions against giving false information to the department or a board; amending s. 455.230, F.S.; authorizing the department to require the payment of attorney's fees, costs, and court costs by a person who defaults in an examination hearing in certain circumstances; amending s. 455.241, F.S.; providing that the furnishing of reports or copies of patient records not be conditioned upon payment of a fee; providing an effective date. Referred to the Committee on Appropriations. By Representatives Starks, Sansom- HB 637-A bill to be entitled An act relating to archives; amending s. 257.35, F.S.; providing access of records in the Florida State Archives; providing authority for the Florida State Archives to require the transfer of historical records; providing an effective date. Referred to the Committee on Governmental Operations. By Representative Silver- HB 639-A bill to be entitled An act relating to alcoholic beverages; amending s. 561.22, F.S.; authorizing the Division of Alcholic Beverages and Tobacco of the Department of Business Regulation to make certain rules; providing an effective date. Referred to the Committees on Regulated Industries and Appropriations. By Representative Reddick- HB 641-A bill to be entitled An act relating to the tax on transient rentals; amending s. 212.03, F.S.; revising the occupancy requirements under which facilities serving transient guests are subject to the transient rental tax; providing an effective date. Referred to the Committees on Finance & Taxation and Appropriations. March 5, 1991 32 JOURNAL OF THE HOUSE By Representative Hawkes- HB 643-A bill to be entitled An act relating to solicitation by mail; providing definitions; providing requirements with respect to certain solicitation by mail; providing for cancellation of contracts for the sale of products, property, or plans which are part of certain mail solicitation; providing for required disclosures; providing for trust accounts; providing penalties; providing for advertising, disclosures, and unlawful acts; providing regulation with respect to prize and gift promotional offers; providing purchasers' remedies; providing a penalty for violation of trust account provisions; providing that certain violations are violations of the Florida Deceptive and Unfair Trade Practices Act; providing an effective date. Referred to the Committee on Regulated Services & Technology. By Representative Mishkin- HB 645-A bill to be entitled An act relating to immunity from liability; amending s. 768.13, F.S.; providing that physicians who provide medical services at a free clinic or pursuant to referral from a free clinic are immune from liability for damages arising out of such services; providing exceptions; defining "free clinic"; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representatives Starks, Ostrau, Young- HB 647-A bill to be entitled An act relating to postsecondary education; amending s. 240.4068, F.S.; revising provisions relating to the award of scholarship loans under the "Chappie" James Most Promising Teacher Scholarship Loan Program to nonpublic secondary school students; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. HB 649-Withdrawn By Representative Mishkin- HB 651-A bill to be entitled An act relating to elections; amending s. 105.041, F.S.; providing that candidates for election to or retention in judicial office shall be listed on the ballot in the order determined by lot conducted by the supervisor of elections after the close of qualifying; amending s. 101.141, F.S., to conform; providing an effective date. Referred to the Committee on Ethics & Elections. By Representative Hill- HB 653-A bill to be entitled An act for the relief of Edith and Lewis Crosley, parents of Todd Patrick Neely; providing an appropriation to compensate them for losses incurred in defense of their son, unjustly arrested and convicted on the basis of evidence suppressed by the state; providing an effective date. Referred to the Committees on Claims and Appropriations. By Representative Mackey- HB 655-A bill to be entitled An act relating to building designations; designating the farmers market in White Springs as the "Wayne Hollingsworth Farmers Market"; directing the Department of General Services to erect suitable markers; providing an effective date. Referred to the Committee on Agriculture. By Representatives Sansom, Gordon, Frankel, Mackenzie, Holzendorf, Friedman, Abrams- HB 657-A bill to be entitled An act relating to capital felonies; amending s. 921.141, F.S.; providing that a defendant who establishes by a preponderance of the evidence that he meets the definition of retardation shall not be punished by death; amending s. 922.07, F.S.; providing proceedings to be used when a person under sentence of death appears to be retarded; providing an effective date. E OF REPRESENTATIVES March 5, 1991 Referred to the Committees on Criminal Justice and Appropriations. By Representative Reddick- HB 659-A bill to be entitled An act relating to health maintenance organizations; amending s. 641.234, F.S.; requiring that contracts with chiropractors or podiatrists provide for payment in substantially the same amounts as contracts with medical doctors or osteopaths; requiring a health maintenance organization to accept for contract a chiropractor or osteopath who meets certain requirements; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representatives Press, Holzendorf- HB 661-A bill to be entitled An act relating to therapeutic services for children; amending s. 39.001, F.S.; providing legislative intent that specified therapeutic services be provided by the Department of Health and Rehabilitative Services in coordination with the Department of Education and local education agencies to meet the needs of children adjudicated dependent or in need of services who are in the physical custody of the department; amending s. 39.002, F.S.; providing legislative intent that therapeutic services, including treatment for medical, mental, and emotional conditions, alcohol and drug abuse problems, and developmental disabilities, be provided to children adjudicated dependent or in need of services who are in the physical custody of the department; amending s. 39.403, F.S.; requiring preliminary screenings and comprehensive assessments for specified therapeutic services to be completed for children for whom a dependency petition is filed; amending s. 39.407, F.S.; requiring the department to ensure that children adjudicated dependent who are in the physical custody of the department receive court-ordered specified therapeutic services; amending s. 39.408, F.S.; requiring predisposition studies for hearings on dependency cases to include a description of identified needs for specified therapeutic services and recommendations for the most appropriate, least restrictive provision of services for unmet needs; amending s. 39.424, F.S.; expanding services for children in need of services to include specified therapeutic services; amending s. 39.436, F.S.; requiring preliminary screenings and comprehensive assessments for specified therapeutic services to be completed for children for whom a child in need of services petition is filed; amending s. 39.439, F.S.; requiring the department to ensure that children adjudicated a child in need of services who are in the physical custody of the department receive court-ordered specified therapeutic services; amending s. 39.44, F.S.; requiring predisposition studies for hearings on children in need of services cases to include a description of identified needs for specified therapeutic services and recommendations for the most appropriate, least restrictive provision of services for unmet needs, and reenacting ss. 39.01(21) and 39.442(4), F.S., relating to definitions and powers of disposition, to incorporate said amendment in references thereto; amending s. 39.451, F.S.; requiring a foster care performance agreement to include a plan for necessary therapeutic services, and reenacting s. 39.4105, F.S., introductory paragraph, relating to grandparents rights, to incorporate said amendment in a reference thereto; amending s. 39.452, F.S.; providing for therapeutic services to be included in the permanent placement plan; amending s. 39.453, F.S.; requiring that the social service agency report to the court regarding, and that judicial review of performance agreements determine whether, specified therapeutic treatment needs are being met in the most appropriate, least restrictive environment; reenacting s. 39.41(1)(a), F.S., relating to dependency dispositions, to incorporate the amendments to ss. 39.451 and 39.453, F.S., in references thereto; creating s. 393.0652, F.S.; providing that children adjudicated dependent or in need of services who are in the physical custody of the department receive needed developmental services and delineating funding responsibility; amending s. 394.4781, F.S.; mandating that children adjudicated dependent or in need of services who are in the physical custody of the department receive needed mental health services on a priority basis and delineating funding responsibility; amending s. 394.50, F.S.; mandating that children adjudicated dependent or in need of services who are in the physical custody of the department receive needed mental health services and delineating funding responsibility; creating s. 394.85, F.S.; providing that children adjudicated dependent or in need of services who are in the physical custody of the JOURNAL OF THE HOUSE OF REPRESENTATIVES department receive needed mental health services and delineating funding responsibility; amending ss. 396.042 and 397.031, F.S.; providing that children adjudicated dependent or in need of services who are in the physical custody of the department receive needed alcohol abuse and drug abuse services and delineating funding responsibilities; amending s. 39.015, F.S., relating to adoption of rules, to correct a cross reference; providing for the phase-in of new programs and services and providing funding priorities; requiring the department to submit a plan; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Flagg- HB 663-A bill to be entitled An act relating to regional criminal justice assessment centers; authorizing creation and setting forth purpose, powers, duties, structure, and organization of the centers; providing for standardized screening, testing, physical examination, and investigation of in-service officers and applicants for law enforcement and corrections positions within criminal justice agencies in Florida; providing for funding of the centers through the assessment of an additional court cost of $3 against persons convicted of violations of criminal statutes, ordinances, or traffic offenses in participating counties and against persons paying certain civil fines and penalties; providing for additional funding; providing for advisory boards; providing for travel and per diem expenses for center advisory board members; providing that activities of the centers shall not generate state funding; providing budgeting and audit review requirements; providing an effective date. Referred to the Committees on Criminal Justice, Finance & Taxation and Appropriations. HB 665-Withdrawn By Representative Jennings- HB 667-A bill to be entitled An act relating to display of the flag; providing a definition; providing legislative intent that it is the public policy of the state to permit the display of the flag at every residence in the state; providing a penalty for persons who violate the act; providing for the recovery of damages; providing an effective date. Referred to the Committee on Judiciary. By Representative Graber- HB 669-A bill to be entitled An act relating to municipal annexation; amending s. 171.062, F.S.; authorizing a board of county commissioners to prohibit the rezoning by any municipality of certain land following its annexation to that municipality for a specified period of time; providing an effective date. Referred to the Committee on Community Affairs. By Representative Bronson- HB 671-A bill to be entitled An act relating to the Florida National Guard; amending s. 250.31, F.S.; limiting the liability of the members of the Florida National Guard while participating in or assisting with Florida's Drug Interdiction Program; creating s. 250.531, F.S.; providing for the drug interdiction responsibilities of the Florida National Guard; amending s. 768.28, F.S.; providing for limited liability for members of the Florida National Guard for any activities emanating or arising from participation in the Drug Interdiction Program; providing an effective date. Referred to the Committees on Veterans & Military Affairs & Emergency Preparedness and Appropriations. By Representative Crady- HB 673-A bill to be entitled An act relating to elections; creating ss. 101.731, 101.732, and 101.733, F.S., and amending s. 101.74, F.S.; creating the Elections Emergency Act; providing definitions; expanding authority of the Governor to suspend or delay elections in emergency circumstances; providing for requests by the Secretary of State or a supervisor of elections for such suspension or delay; authorizing the Secretary of State to reschedule elections not held due to an emergency; providing time and notice requirements; requiring the Division of Elections of the Department of State to develop an elections emergency contingency plan; specifying scope and concerns; providing for coordination of such plan with municipal clerks, supervisors of elections, and emergency management officials; amending s. 101.75, F.S.; conforming language; providing additional circumstances for change of dates of municipal elections; providing a contingent effective date. Referred to the Committee on Ethics & Elections. By Representative Crady- HB 675-A bill to be entitled An act relating to vehicles; repealing s. 319.36, F.S., relating to transportation of vehicles to destinations outside the United States; providing an effective date. Referred to the Committees on Transportation and Appropriations. By Representatives Holland, Sembler- HB 677-A bill to be entitled An act relating to violent offenses against certain officers; amending s. 775.0823, F.S.; providing enhanced mandatory minimum sentences for aggravated assault or aggravated battery with a deadly weapon; amending s. 784.07, F.S., to conform, and adding offenses resulting from past performance of an officer's duties to offenses which are reclassified; amending s. 784.021, F.S.; defining any assault with a deadly weapon as an aggravated assault; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Hawkins- HB 679-A bill to be entitled An act relating to the Treasurer; amending s. 18.02, F.S., and creating s. 18.021, F.S.; reorganizing language with respect to moneys paid on warrants and the authorization of the Treasurer to operate a personal check-cashing service; amending s. 18.05, F.S., relating to an annual report to the Governor; amending s. 18.07, F.S.; providing for recordkeeping by the Treasurer; amending s. 18.08, F.S.; revising language with respect to the requirement that the Treasurer turn over to the Comptroller all warrants paid; amending s. 18.09, F.S.; providing for delivery of an annual report to the Legislature; amending s. 18.091, F.S.; revising language with respect to additional employees of the Treasurer when the Legislature is in session; amending s. 18.10, F.S.; revising language with respect to deposits and investments of state money; revising the Florida Security for Public Deposits Act; repealing s. 18.102, F.S., relating to deposits of public money by state agencies and institutions; repealing s. 18.16, F.S., relating to the prohibition against the Treasurer depositing money without consent of the Governor and Comptroller; amending s. 280.02, F.S.; providing definitions; amending s. 280.04, F.S.; revising language with respect to collateral for public deposits; amending s. 280.05, F.S.; revising language with respect to the powers and duties of the Treasurer; amending s. 280.051, F.S.; deleting a ground for suspension or disqualification of a qualified public depository; amending s. 280.052, F.S.; directing the Treasurer to notify public depositors of compliance with certain requirements; amending s. 280.053, F.S.; defining the effective date of suspension or disqualification of a public depository; amending ss. 280.06, 280.09, and 280.11, F.S.; providing for correct terminology; amending s. 280.085, F.S.; revising language with respect to notice to claimants against the Public Deposits Security Trust Fund; amending s. 280.10, F.S.; revising timeframes for notification to the Treasurer with respect to merger or acquisition or change of name or address; amending s. 280.13, F.S.; revising a reference with respect to collateral which is eligible for pledge by banks; amending s. 280.14, F.S.; revising a reference with respect to collateral which is eligible for pledge by savings associations; amending s. 280.16, F.S.; revising language with respect to reports of public depositories; amending s. 280.17, F.S.; revising language with respect to requirements for public depositors; providing an effective date. Referred to the Committees on Governmental Operations, Finance & Taxation and Appropriations. 33 March 5, 1991 34 JOURNAL OF THE HOUSI By Representative Thomas- HB 681-A bill to be entitled An act relating to beverage containers; providing definitions; requiring specified refund values for beverage containers; providing duties of dealers, distributors, and vending machine operators; providing for reimbursement of dealers and redemption services; requiring that the refund value be stated on such containers; specifying conditions under which dealers, distributors, and manufacturers may refuse to accept beverage containers; requiring manufacturers and distributors to pay a portion of unreturned deposits to the state; authorizing the Department of Agriculture and Consumer Services and the Division of Alcoholic Beverages and Tobacco to impose fines for violation and providing for disposition thereof; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representatives Graham, Sanderson- HB 683-A bill to be entitled An act relating to negligence; creating s. 768.051, F.S.; requiring an attorney's certification that a claim has merit as a prerequisite to filing an action for professional negligence against a professional engineer, land surveyor, architect, or landscape architect; providing exceptions; providing that failure to file the certificate is grounds for dismissal of the action; providing for award of costs and attorney's fees in the event of dismissal; providing an effective date. Referred to the Committee on Judiciary. By Representative Healey- HB 685-A bill to be entitled An act relating to bingo; amending s. 849.093, F.S.; revising provisions which regulate the conduct of bingo; providing intent; providing definitions; providing that the Division of Pari- mutuel Wagering shall supervise bingo activities; authorizing the conduct of bingo by authorized organizations; providing requirements and conditions for the conduct of bingo; requiring licensing of such organizations and distributors of bingo equipment; providing for fees; providing limitations on prizes; requiring licensees to maintain records and submit reports; prohibiting certain activities in connection with bingo; providing for revocation or denial of licenses and administrative fines; providing a criminal penalty; providing for injunctions; providing for deposit of moneys collected in the Pari-mutuel Wagering Trust Fund; providing that the regulation of bingo is preempted to the state, with certain exceptions; amending s. 718.114, F.S., which provides for the conduct of bingo by condominium associations, to conform; amending s. 723.079, F.S.; providing that nonprofit mobile home owners' associations may conduct bingo; amending ss. 849.09 and 849.094, F.S., relating to the prohibition against lotteries and regulation of game promotions, to conform; providing an appropriation and authorizing positions; providing an effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representative Chestnut- HB 687-A bill to be entitled An act relating to the Fine Arts Endowment Program of 1985; amending s. 265.603, F.S.; revising definitions; repealing s. 265.604, F.S., relating to the designation of fine arts regions; amending ss. 265.605 and 265.606, F.S.; conforming provisions; providing an effective date. Referred to the Committees on Tourism, Hospitality & Economic Development and Appropriations. By Representatives K. Smith, Bainter, Chestnut- HB 689-A bill to be entitled An act relating to disposition of dead bodies; amending s. 245.06, F.S.; providing for cremation as an alternative to embalming and burial of certain unclaimed dead bodies; requiring certain records to be maintained; providing exceptions; providing an effective date. Referred to the Committee on Health & Rehabilitative Services. E OF REPRESENTATIVES March 5, 1991 By Representatives K. Smith, Chestnut, Bainter- HB 691-A bill to be entitled An act relating to mobile homes; amending s. 193.075, F.S.; revising provisions which specify conditions under which mobile homes are to be taxed as real or tangible personal property; providing an effective date. Referred to the Committees on Judiciary, Finance & Taxation and Appropriations. HB 693-Withdrawn By Representative Bronson- HB 695-A bill to be entitled An act relating to motor vehicle licenses; amending s. 320.08, F.S.; providing an additional category of license fees for truck tractors and heavy trucks operated as for-hire vehicles and used to transport certain agricultural or horticultural products; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representative Crady- HB 697-A bill to be entitled An act relating to state lands; amending s. 177.26, F.S.; deleting reference to a coastal mapping program; amending ss. 161.54 and 177.507, F.S.; correcting cross references; amending s. 253.025, F.S.; requiring a survey as a condition of certain state land acquisition; providing for waiver under specified conditions; amending s. 253.82, F.S.; providing for title to certain Murphy Act lands; declaring certain parcels of state lands to be surplus; providing for sale of such lands and disposition of the proceeds; repealing ss. 177.27(2), 177.30, 177.31, 177.32, 177.33, 177.34, 177.503(9), 177.504(2)(b), and 177.507(1), F.S., relating to the coastal mapping and restoration of corners programs in the Department of Natural Resources; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Huenink- HB 699-A bill to be entitled An act relating to health care facilities; providing definitions; authorizing subacute recovery center demonstration projects under the Department of Health and Rehabilitative Services; providing for application and licensure; providing for licensure standards, requirements, and restrictions; providing for fees; providing for a technical advisory committee; providing for procedures to ensure certain confidentiality; requiring evaluation; requiring a report; providing severability; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representative Figg- HB 701-A bill to be entitled An act relating to motor vehicles; amending s. 319.32, F.S.; providing for a reduced cost for certificates of title for certain repossessed motor vehicles; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representative Kelly- HB 703-A bill to be entitled An act relating to specialized state educational institutions; creating s. 242.64, F.S.; providing for an annual appropriation to Southeastern University of Health Sciences; providing requirements for receipt of funds; providing for payment and expenditure of funds; repealing s. 240.519, F.S., relating to establishment of a school of optometry; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. By Representative Sembler- HB 705-A bill to be entitled An act relating to county boundaries; amending s. 7.31, F.S.; providing for consistency of terms in the description of the boundary line between Indian River County and Brevard County; providing an effective date. JOURNAL OF THE HOUSI Referred to the Committee on Community Affairs. By Representative Sembler- HB 707-A bill to be entitled An act relating to aquatic preserves; creating s. 258.3992, F.S.; establishing the Indian River-City of Vero Beach Aquatic Preserve; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Garcia- HB 709-A bill to be entitled An act relating to condominiums; amending s. 718.111, F.S.; providing that the condominium association shall be audited annually; providing for enforcement by the Division of Florida Land Sales, Condominiums, and Mobile Homes; amending s. 718.112, F.S.; providing that the bylaws of a condominium shall include a provision requiring members of the board of administration to obtain approval from the majority of unit owners prior to entering contracts for the expenditure of association funds; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representatives McEwan, K. Smith, Ritchie- HB 711-A bill to be entitled An act relating to motor vehicle registration; amending s. 320.072, F.S.; exempting the registration of certain motor vehicles from the required motor vehicle impact fee; providing conditions; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representative Garcia- HJR 713-A joint resolution proposing an amendment to Section 3 of Article VII of the State Constitution relating to ad valorem taxation of elderly persons' homestead property. Referred to the Committees on Finance & Taxation and Appropriations. By Representatives Rojas, Morse, Valdes, Foley, Mishkin, Jennings, Diaz-Balart, Gordon, Hawkes, Mackenzie, King, Chestnut, Safley, Stafford, Sansom- HB 715-A bill to be entitled An act relating to state uniform traffic control; amending ss. 316.613, 318.18, and 322.27, F.S.; increasing the penalty for violations of law relating to child restraint requirements; providing for the assessment of points against a violators' driver's license; providing for a criminal penalty for certain violations; providing an effective date. Referred to the Committees on Transportation and Appropriations. By Representative Mims- HB 717-A bill to be entitled An act relating to crime victim assistance; amending s. 775.089, F.S.; authorizing enhanced-amount restitution in certain circumstances, and reenacting ss. 538.07(2), 538.23(4), 810.115, 921.187(2), 947.181(2), 948.03(1)(e), 948.032, and 960.001(1)(h), F.S., relating to secondhand dealers, secondary metals recyclers, trespass, sentencing, parole, probation, and victim's rights, to incorporate said amendment in references thereto; amending ss. 772.14 and 772.15, F.S., relating to civil remedies for criminal practices, to delete limitations upon such remedies; creating s. 960.31, F.S.; providing for abolishment of offender causes of action in certain circumstances and providing evidentiary matters; creating s. 960.32, F.S.; prohibiting pleading on abolished causes of action and providing penalties; providing effective dates. Referred to the Committee on Criminal Justice. By Representative Jamerson- HB 719-A bill to be entitled An act relating to minimum wages; requiring employers to pay employees specified hourly minimum wages; providing an exception for employees who receive tips in excess of specified amounts; providing an exception to the minimum wage requirement for March 5, 1991 E OF REPRESENTATIVES 35 certain employees; requiring the Department of Labor and Employment Security to propose legislation to conform wage requirements of the state to federal law; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representatives Jennings, Sansom- HB 721-A bill to be entitled An act relating to crimes against the elderly; creating s. 775.0847, F.S.; providing increased penalties for offenses committed against persons who are 65 years of age or older in certain circumstances; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Lippman- HB 723-A bill to be entitled An act relating to cruelty to animals; creating s. 828.28, F.S.; providing standards for the carriage trade; providing requirements for carriages and equipment; providing requirements and prohibitions for the operation of carriages; providing requirements and prohibitions with respect to carriage drivers; providing requirements and prohibitions with respect to carriage animals; requiring examinations and certifications by a licensed veterinarian; providing for emergency treatment; specifying working conditions for carriage animals; providing for recordkeeping; providing for application and enforcement; providing penalties; providing for funding; providing an effective date. Referred to the Committees on Agriculture and Appropriations. By Representative Simone- HB 725-A bill to be entitled An act relating to legal and official advertisements; amending ss. 50.011, 50.031, and 50.051, F.S.; revising the requirements for newspapers in which such advertisements may be published; amending ss. 125.66, 163.3184, 166.041, 189.417, 190.005, 194.037, 200.065, 373.536, 380.06, and 658.295, F.S., which specify requirements for publication of notices relating to certain county and municipal rezoning and land use ordinances, certain local comprehensive plan adoption or amendment, special meetings of independent special district governing boards, establishment of community development districts, disclosure of tax impact by property appraisal adjustment boards, notices of tax increase and budget hearings and water management district budgets, notices of areawide developments of regional impact, and certain notices of intent to acquire a Florida bank; removing the requirement that such notices be published in a newspaper of paid circulation; providing an effective date. Referred to the Committees on Judiciary and Finance & Taxation. By Representative Sindler- HB 727-A bill to be entitled An act relating to law enforcement; amending s. 117.10, F.S.; providing that traffic accident investigation officers and traffic infraction enforcement officers are notaries public when engaged in the performance of official duties; amending s. 784.07, F.S.; revising language with respect to assault or battery of a law enforcement officer which results in the reclassification of the offense to include reference to traffic accident investigation officers and traffic infraction enforcement officers; providing an effective date. Referred to the Committee on Criminal Justice. By Representative Rojas- HB 729-A bill to be entitled An act relating to elections; amending s. 99.021, F.S., relating to the form of candidate oath; requiring proof of satisfying residency requirements; amending ss. 99.092 and 99.093, F.S.; requiring qualifying fees to be paid by certified check and denying qualifying and ballot placement for failure to so pay; amending ss. 99.061 and 106.11, F.S., to conform; providing an effective date. Referred to the Committee on Ethics & Elections. JOURNAL OF THE HOUSE OF REPRESENTATIVES By Representative Diaz-Balart- HB 731-A bill to be entitled An act relating to building designations; designating a building on the University Park campus of the Florida International University as the "Charles E. Perry Building"; providing an effective date. Referred to the Committee on Postsecondary Education. By Representatives Foley, Healey, Albright, Banjanin, Hanson- HB 733-A bill to be entitled An act relating to inmate release; amending ss. 944.605 and 947.177, F.S.; requiring that an exit photo of the inmate be taken prior to the anticipated release; providing an effective date. Referred to the Committees on Corrections and Appropriations. By Representative Flagg- HB 735-A bill to be entitled An act relating to health care; providing legislative intent; authorizing organization of the Florida Health Care Purchasing Cooperative; providing powers, membership, and duties of the cooperative; providing a public records exemption for certain information collected by the cooperative; providing for review and repeal; providing for a board of directors; providing for board membership and reimbursement for expenses; providing immunity from liability; providing for initial staff support to the cooperative by the Health Care Cost Containment Board; providing appropriations; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representatives Corr, Safley- HB 737-A bill to be entitled An act relating to air ambulance services; amending s. 401.48, F.S.; requiring air ambulance services to provide written statements on services to be rendered and the cost for such services; providing an effective date. Referred to the Committee on Health Care. By Representative Ireland- HB 739-A bill to be entitled An act relating to legislative employees; amending s. 11.147, F.S.; requiring revision of the pay plan for legislative employees when appropriate to make salaries competitive with salaries in the relevant labor market; requiring the Joint Legislative Management Committee to conduct a pay study biennially to determine if legislative employees' salaries are competitive with salaries in the relevant labor market; providing that whenever the salary range of pay grades in the executive branch Career Service Pay Plan is adjusted, the salary range of pay grades assigned to legislative classes must be adjusted by a like percentage; providing an effective date. Referred to the Committees on House Administration and Appropriations. By Representatives Crady, Chestnut, Albright, Young, Kelly, Brown, Lawson, Thomas, Figg, Wise, Graber, Ireland, King, Dennis Jones, Hafner, Davis- HB 741-A bill to be entitled An act relating to the State University System; amending s. 240.281, F.S.; authorizing the deposit of funds received by a faculty practice plan outside the State Treasury; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. By Representative Foley- HB 743-A bill to be entitled An act relating to mental health; amending s. 394.715, F.S.; modifying procedure for appointment of members to the district alcohol, drug abuse, and mental health planning councils; providing a residency requirement; specifying a five-member nominating committee; providing an effective date. Referred to the Committee on Health & Rehabilitative Services. By Representative Muscarella- HB 745-A bill to be entitled An act for the relief of the City of Clearwater and Pinellas County; providing an appropriation to serve as restitution for damages caused by Michael W. Kenton, a former employee of the City of Clearwater, who was found to have violated the Code of Ethics; providing for contingencies; providing for reimbursement to the state; providing an effective date. Referred to the Committees on Claims and Appropriations. By Representative Logan- HB 747-A bill to be entitled An act for the relief of Hank J. Williams; providing an appropriation to compensate him for injuries suffered as a result of the negligence of the Department of Corrections; providing an effective date. Referred to the Committees on Claims and Appropriations. By Representative Wallace- HB 749-A bill to be entitled An act relating to victim assistance; amending s. 960.001, F.S.; providing that the Department of Legal Affairs shall review and coordinate implementation of guidelines for fair treatment of victims and witnesses; amending s. 960.002, F.S.; transferring direct-support organization powers and duties from the Governor to the Attorney General and from the Executive Office of the Governor to the Department of Legal Affairs; amending s. 960.03, F.S.; revising definitions; amending s. 960.05, F.S.; establishing the Crime Victims' Services Office within the Department of Legal Affairs; amending s. 960.09, F.S.; providing for determination of claims of victims and witnesses and for administrative hearings thereon; providing that claims shall be subject to the Administrative Procedure Act; amending ss. 960.06,960.07,960.12,960.13, 960.14, 960.15, 960.21, 960.22, 960.23, and 960.28, F.S.; transferring duties relating to crime victims and witnesses from the Division of Workers' Compensation to the Department of Legal Affairs; providing for the transfer of the Bureau of Crimes Compensation and Victim and Witness Services, renamed as the Crime Victims' Services Office, to the Department of Legal Affairs; reenacting ss. 775.0835(2) and 784.046(9)(a), F.S., relating to criminal fines and repeat violence actions, to incorporate the amendment to s. 960.21, F.S., in references thereto; amending s. 27.3455, F.S., to conform; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representative Hargrett- HB 751-A bill to be entitled An act relating to child abuse; amending s. 415.513, F.S.; providing procedures relating to repeated unfounded reports of child abuse or neglect; providing for submission of information to the state attorney; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Arnold- HB 753-A bill to be entitled An act relating to alcoholic beverage taxes; amending s. 563.05, F.S.; increasing the excise tax on malt beverages; providing for disposition of certain proceeds of such excise tax; amending s. 564.06, F.S., as amended by s. 6, chapter 90-233, Laws of Florida; increasing the excise tax on wines and beverages and deleting import taxes on such beverages; providing for disposition of certain proceeds of such excise tax; amending s. 565.12, F.S.; increasing the excise tax on liquors and beverages and deleting the import taxes on such beverages; providing for disposition of certain proceeds of such excise tax; amending s. 561.12, F.S., as amended by s. 2, chapter 90-17, Laws of Florida; providing that alcoholic beverage excise tax revenues to be paid into the Children and Adolescents Substance Abuse Trust Fund need not be deposited into the General Revenue Fund; repealing ss. 87, 88, 89, chapter 90-132, Laws of Florida, relating to a surcharge on sales of alcoholic beverages for consumption on the premises; providing an effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. 36 March 5, 1991 JOURNAL OF THE HOUSI By Representatives Reaves, Kelly- HB 755-A bill to be entitled An act relating to the Department of General Services; amending s. 20.22, F.S.; renaming the Division of Safety and Crime Prevention of the department as the Division of Capitol Police; amending ss. 281.02, 281.03, 281.04, 281.05, 281.06, 281.07, 281.08, and 281.09, F.S., to conform; providing an effective date. Referred to the Committee on Governmental Operations. By Representative King- HB 757-A bill to be entitled An act relating to military personnel; amending s. 295.019, F.S.; providing for the education at state expense of the dependent children of servicemen from this state killed in specified military operations; providing an effective date. Referred to the Committees on Veterans & Military Affairs & Emergency Preparedness and Appropriations. By Representative Stone- HB 759-A bill to be entitled An act relating to driving under the influence; prohibiting the release of a person arrested for driving under the influence until he is no longer under the influence of alcoholic beverages, chemical substances, or controlled substances to the extent that his faculties are impaired or until his blood alcohol level is less than 0.05 percent; providing an effective date. Referred to the Committee on Criminal Justice. By Representative Jamerson- HB 761-A bill to be entitled An act relating to Florida Agricultural and Mechanical University; requiring the Board of Regents to develop a plan for establishing a College of Law at such university; providing the contents of such plan; requiring submission of such plan to the Legislature; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. By Representative Langton- HB 763-A bill to be entitled An act for the relief of Mr. and Mrs. Darriel Swindell; providing an appropriation to compensate them for injuries caused by the negligence of the Department of Corrections; providing an effective date. Referred to the Committee on Claims. By Representatives Davis, Brown, Cosgrove, Hafner, King, Chestnut, Wise, Graber, Graham, Ireland, Dennis Jones, Thomas, Albright, Figg- HB 765-A bill to be entitled An act relating to the Board of Regents; amending s. 240.215, F.S.; providing that employees or agents of the Board of Regents shall not be determined to be agents of other persons in civil actions resulting from certain acts or omissions; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Reaves- HB 767-A bill to be entitled An act relating to insurance; creating s. 626.991, F.S.; prohibiting a person other than a licensed agent or solicitor from soliciting insurance business by telephone; providing penalties; providing that the use of persons to make prohibited solicitations of insurance business by telephone is an unfair insurance trade practice; providing an effective date. Referred to the Committee on Insurance. By Representative Glickman- HB 769-A bill to be entitled An act relating to the Environmental Protection Act of 1971; amending s. 403.412, F.S.; expanding authority of the Department of Legal Affairs, any political subdivision of the state, or a citizen of the state to maintain certain actions for the protection of the March 5, 1991 E OF REPRESENTATIVES 37 air, water, land, or other natural resources of the state; requiring certain notice of governmental enforcement actions; revising provisions relating to the award of attorney and witness fees, and providing for costs; providing for the granting of injunctive relief without a showing of special injury to the complaining party or inadequate remedies of law; providing for award of damages; providing for the dismissal of intervening parties under certain circumstances and for the award of reasonable attorney and witness fees; providing for complaints by any person of violations of environmental laws; providing for inspection, determination, and notice of disposition; providing for access to disputed sites for certain purposes; authorizing complainant to accompany inspector under certain circumstances; providing that procedures relating to local government comprehensive plans are not affected; reenacting ss. 258.397(7), 258.46, and 373.136(2), F.S., relating to certain enforcement actions, to incorporate the amendment to s. 403.412, F.S., in references; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representatives Grindle, Kelly- HB 771-A bill to be entitled An act relating to auctioneers; amending s. 468.382, F.S.; providing definitions; amending s. 468.383, F.S.; revising provisions relating to exemptions; amending ss. 468.385 and 468.387, F.S.; providing intent relating to bonding requirements; amending s. 468.388, F.S.; revising requirements for advertising; amending s. 468.389, F.S.; increasing a penalty; amending s. 468.391, F.S.; revising language with respect to certain penalties; creating ss. 468.392-468.399, F.S.; establishing the Auctioneer Recovery Fund; providing for payments from the fund to settle claims against auctioneers; providing for license surcharges to be deposited in the fund; providing for operations of the fund, including crediting of interest and payment of expenses; specifying conditions and eligibility for recovery from the fund; providing limitations; providing for distribution of payment when claims exceed the limitations; providing for joinder of claims; providing for prorating of payments under certain circumstances; providing for suspension of license until repayment to the fund of amount paid in claims against the licensee; providing for expenditure of excess funds; providing for future repeal of ss. 468.385(9)- (13), 468.387(3) and (4), and 468.389(2)(d), F.S., relating to bonding; providing for review and repeal; providing an effective date. Referred to the Committees on Regulatory Reform, Finance & Taxation and Appropriations. By Representatives C. Smith, Albright, Kelly, C. F. Jones, Arnall- HB 773-A bill to be entitled An act relating to the county road system; amending s. 336.41, F.S.; providing that all construction and reconstruction of roads and bridges to be performed by counties utilizing the proceeds of the voted or optional gas tax on motor fuel and special fuel shall be let to contract to the lowest responsible bidder by competitive bid; providing an exception; providing an effective date. Referred to the Committee on Transportation. By Representative Kelly- HB 775-A bill to be entitled An act relating to incarceration per diem and medical costs fines; creating s. 775.0837, F.S.; authorizing imposition of such fines at sentencing; establishing criteria and evidentiary standards for determination of amount; authorizing total or partial waiver or deferral of payment; authorizing alternative methods of enforcement; authorizing disbursement by the clerk of the sentencing court to the county and state in amounts proportionate to the days of actual incarceration; authorizing refund of excess amounts paid; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Kelly- HB 777-A bill to be entitled An act relating to insurance; amending s. 627.410, F.S.; providing that benefits of an individual accident and health insurance policy form are reasonable in relation to premium rates if the rates are filed pursuant to a loss ratio guarantee; providing an effective date. 38 JOURNAL OF THE HOUSE Referred to the Committees on Insurance and Appropriations. By Representative King- HB 779-A bill to be entitled An act relating to workers' compensation; amending s. 440.02, F.S.; providing that the term "wages" includes wages from outside or concurrent employment in the case of a volunteer law enforcement officer; providing an effective date. Referred to the Committees on Commerce and Appropriations. By Representative Tobiassen- HB 781-A bill to be entitled An act relating to persons charged with sex offenses; creating s. 907.09, F.S.; requiring HIV testing in certain circumstances and requiring certain disclosures; providing criminal penalties upon a second or subsequent charge; amending s. 381.609, F.S., relating to HIV testing, to conform; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representative Reaves- HB 783-A bill to be entitled An act relating to corporate income tax; amending s. 220.02, F.S.; removing a statement of intent that limited liability companies be subject to said tax; amending s. 220.03, F.S., relating to the definition of "corporation," to conform; repealing s. 220.13(2)(j), F.S., which defines "taxable income" for such companies; amending ss. 220.11 and 220.186, F.S.; correcting references; amending s. 608.471, F.S.; providing that income of a limited liability company is taxable to the extent such income is subject to tax under the Internal Revenue Code; requiring a report to the Legislature; providing an effective date. Referred to the Committees on Commerce, Finance & Taxation and Appropriations. HB 785-Withdrawn By Representative Mortham- HB 787-A bill to be entitled An act relating to education; amending s. 232.26, F.S.; providing for the suspension of pupils charged with certain delinquent acts; specifying the length of suspensions of pupils charged with a felony or delinquent act; providing an effective date. Referred to the Committee on Public Schools. By Representative Rojas- HB 789-A bill to be entitled An act relating to insurance; amending s. 627.739, F.S.; limiting availability of personal injury protection deductibles for persons who do not show proof of disability insurance; providing an effective date. Referred to the Committees on Insurance and Appropriations. By Representative Guber- HR 791-A resolution declaring April 22, 1991, as Florida Earth Day. Referred to the Committee on Rules & Calendar. By Representatives Cosgrove, C. Smith- HB 793-A bill to be entitled An act relating to membership campgrounds; creating chapter 722, F.S., the Florida Membership Campground Act; providing legislative purposes; specifying the scope of the act; providing definitions; requiring contracts for the purchase of the right to use campgrounds and facilities pursuant to a membership camping plan; providing for a cancellation period with regard to such contracts; requiring a disclosure statement; providing for filing membership camping contracts with the Division of Florida Land Sales, Condominiums, and Mobile Homes; providing a fee; providing for filing an affidavit concerning the occupancy level for campgrounds; requiring trust accounts; providing penalties; requiring nondisturbance instruments or alternative assurances; providing notice to creditors; providing circumstances under which an offeror may terminate or relocate campgrounds; defining advertising materials and providing restrictions; requiring disclosure with respect to I] E OF REPRESENTATIVES March 5, 1991 certain advertising; providing requirements as to prize and gift promotional offers; providing requirements as to vacation and lodging certificates; providing for protection of purchasers' interests in planned facilities; specifying requirements with regard to planned future development of adjoining properties, the transfer of offeror's interest in a campground, and the collection of dues payments; providing requirements relating to reciprocal programs; requiring a disclosure statement; providing for filing the disclosure statement and for providing the disclosure statement to purchasers; providing for the registration of salespersons and tour generators; providing civil penalties; providing for regulation by the Division of Florida Land Sales, Condominiums, and Mobile Homes; providing penalties; providing for enforcement; providing for the applicability of chapter 212, F.S., to fees, penalties, and fines under chapter 722, F.S.; providing that proceeds collected pursuant to chapter 722 be deposited in the Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund; providing for purchasers' remedies; providing criminal penalties; providing for severability; repealing ss. 509.501-509.511, F.S.; deleting the Florida Membership Campground Act; providing an effective date. Referred to the Committees on Judiciary, Finance & Taxation and Appropriations. By Representative Boyd- HB 795-A bill to be entitled An act relating to judicial circuits; amending s. 26.021, F.S.; providing residency requirements with respect to circuit judges in the second and eighth circuits; providing an effective date. Referred to the Committee on Judiciary. By Representative Webster- HB 797-A bill to be entitled An act relating to state government; creating s. 11.074, F.S.; requiring an estimate of the impact of legislation on families; amending s. 120.54, F.S.; requiring family impact statements in formulating and implementing certain policies and rules; providing procedure; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Crady- HB 799-A bill to be entitled An act relating to elections; amending s. 101.161, F.S.; separating and modifying ballot requirements for constitutional amendments from those for other public measures; amending ss. 15.21, 16.061, 97.021, 101.171, 101.191, and 101.27, F.S., to conform; amending ss. 101.20 and 101.62, F.S.; requiring that the ballot title and summary of constitutional amendments be provided on sample ballots and with absentee ballots; providing an effective date. Referred to the Committee on Ethics & Elections. By Representative Huenink- HB 801-A bill to be entitled An act relating to lobbying; amending s. 11.062, F.S.; prohibiting departments of the executive branch, universities, community colleges, and water management districts from using state funds or tax revenues to retain lobbyists; providing that full-time employees of these entities are exempt; prohibiting lobbyists from accepting compensation derived from state funds or tax revenues; providing penalties; authorizing complaints to be filed with the Ethics Commission; authorizing the commission to adopt rules; providing an effective date. Referred to the Committees on Ethics & Elections and Appropriations. By Representatives Mims, C. Smith- HB 803-A bill to be entitled An act relating to solicitation of funds; creating ss. 496.401-496.407, 496.409-496.424, F.S.; regulating solicitation of public contributions; requiring full public disclosure of persons who solicit contributions, the purpose of the contribution, and the actual use made of the contributions; providing exemptions; prohibiting deception, fraud, and misrepresentation in the soliciting and reporting of contributions; providing administrative fines; providing criminal penalties; providing for supervision by the Division of Consumer Services of the Department of Agriculture and Consumer Services; providing procedures; authorizing the division to adopt rules; providing definitions; authorizing the Department of Legal Affairs to make investigations and bring civil actions to enforce the act; requiring the Department of State to provide notice of the requirements of the act to persons registering as nonprofit corporations; transferring and renumbering s. 496.008, F.S.; providing procedures for obtaining authority to solicit funds in a public transportation facility; providing powers of the division; providing civil remedies and criminal penalties; repealing ss. 496.001-496.007, 496.0085, 496.009, 496.011, F.S., which provide for regulating the solicitations of public contributions; providing effective dates. Referred to the Committees on Regulated Services & Technology, Finance & Taxation and Appropriations. By Representative Banjanin- HB 805-A bill to be entitled An act relating to Santa Rosa County; exempting specified residential communities in Santa Rosa County from requirements relating to construction, connection, or maintenance of certain navigational access channels; exempting such residential communities from fee and permitting requirements of chapters 161, 253, and 403, Florida Statutes; providing for the construction, connection, and maintenance of navigational access channels from bayous, manmade canals, and other waterways within such residential areas and specifying the dimensions of such access channels; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs, Natural Resources and Appropriations. By Representatives Goode, Ascherl, Holland, Arnall, Figg, Stone, McEwan, Harris, Clemons, Roberts, Mortham, Corr, Safley, Flagg, Trammell- HB 807-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.051, F.S., relating to optional participation for cities and special districts; authorizing cities and independent special districts which have opted to join the Florida Retirement System to revoke their election to participate in order to establish an alternative retirement plan; providing for public hearing; providing for publication of notice; providing for an actuarial report; providing for presentation of the plan and report to each certified bargaining unit; requiring negotiation; providing for adoption of a revocation resolution; providing conditions; providing an effective date. 39 By Representatives Webster, Bainter- HB 813-A bill to be entitled An act relating to alcoholic beverages; creating s. 562.0605, F.S.; requiring licensed vendors to post certain health warning signs in licensed self-serve package outlets; directing the Division of Alcoholic Beverages and Tobacco of the Department of Business Regulation to furnish the required signs; prohibiting the selling or serving of an alcoholic beverage in a room in which such a warning sign is not posted as required; providing penalties; providing an effective date. Referred to the Committees on Regulated Industries and Appropriations. By Representative Ostrau- HB 815-A bill to be entitled An act relating to transportation of school children; amending s. 234.021, F.S.; providing additional criteria for determination of a hazardous walking condition; providing an effective date. Referred to the Committees on Public Schools and Appropriations. By Representatives Burke, Cosgrove, Reddick- HB 817-A bill to be entitled An act relating to the regulation of vacation plans; amending s. 721.01, F.S.; changing the short title of chapter 721, F.S., to the Florida Real Estate Vacation Plan and Time-Sharing Act; amending s. 721.02, F.S.; providing legislative purpose; amending s. 721.03, F.S.; providing for the scope of the chapter; amending s. 721.05, F.S.; providing definitions; amending s. 721.07, F.S.; revising language with respect to public offering statements; providing fees; authorizing the Division of Florida Land Sales, Condominiums, and Mobile Homes to provide by rule for summary statements of public offerings under certain circumstances; amending s. 721.08, F.S.; authorizing the division to accept other assurances under the chapter rather than escrow accounts to guarantee performance; amending s. 721.11, F.S.; revising language with respect to advertising materials; amending s. 721.13, F.S.; revising language with respect to the duties of a managing entity; amending s. 721.27, F.S.; providing for the assessment of a penalty against managing entities who fail to file a required annual fee; repealing s. 721.30, F.S.; eliminating obsolete language with respect to the operation of certain laws of Florida; amending s. 192.037, F.S.; revising language with respect to escrow accounts for taxes and assessments for fee time-share real property; creating s. 509.512, F.S.; providing for a time-share plan developer and exchange company exemption to the Florida Membership Campground Act; amending s. 559.927, F.S.; providing for a time-share plan developer and exchange company exemption to regulation as sellers of travel; providing an effective date. Referred to the Committees on Employee & Management Relations and Referred to the Committees on Judiciary, Finance & Taxation and Appropriations. Appropriations. HB 809-Withdrawn By Representative Hawkins- HB 811-A bill to be entitled An act relating to Collier County; establishing and organizing a municipality to be known and designated as the City of Pelican Bay in said county; defining its territorial boundaries; providing for its government, jurisdiction, elections, administrative code, procedure, powers, franchises, immunities, privileges, and means for exercising the same; prescribing the general powers to be exercised by said city; providing prohibitions; providing procedures for filling vacancies in office; providing for a city council, mayor, vice mayor, city manager, and city attorney; providing for initial election; providing for ordinances; providing for budget adoption; providing for amendments to city charter; providing for referendum petitions; providing severability; providing for a referendum; providing a schedule; providing for county ordinances and services during transition period; providing effective dates. Proof of publication of the required notice was attached. By Representatives Trammell, Mackey, Mitchell, Johnson, Boyd, Crady, Tobiassen- HB 819-A bill to be entitled An act relating to growth management; amending s. 163.3171, F.S.; providing that the state land planning agency may modify requirements for comprehensive plans for certain counties and municipalities; providing an effective date. Referred to the Committees on Community Affairs and Appropriations. By Representative Reaves- HB 821-A bill to be entitled An act relating to postsecondary education; amending s. 230.645, F.S.; exempting homeless students from requirements for the payment of fees for postsecondary instruction; providing an effective date. Referred to the Committees on Vocational/Technical Education and Appropriations. By Representative Valdes- Referred to the Committees on Community Affairs, Finance & Taxation HB 823-A bill to be entitled An act relating to controlled substances and Appropriations. violations; amending ss. 893.13 and 893.135, F.S.; providing, as an March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES additional penalty upon conviction for offenses involving possession or sale of, or trafficking in, controlled substances, for the person's driving privilege to be suspended by the court; providing for escalation of the period of suspension upon subsequent convictions; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. HB 825-Withdrawn By Representative Logan- HB 827-A bill to be entitled An act relating to neighborhood improvement districts; amending s. 163.501, F.S.; revising a cross reference in the short title of the Safe Neighborhoods Act; amending s. 163.502, F.S.; revising legislative findings and intent; amending s. 163.503, F.S.; redefining "department" to mean the Department of Legal Affairs rather than the Department of Community Affairs; expanding the definition of "board"; amending s. 163.504, F.S.; providing that safe neighborhood improvement districts shall be eligible for technical assistance grants; providing technical changes; creating s. 163.5055, F.S.; requiring neighborhood improvement districts to register with both the Department of Community Affairs and the Department of Legal Affairs; requiring notification of dissolution of a district; amending ss. 163.506, 163.508, and 163.511, F.S.; authorizing local government neighborhood improvement districts, property owners' association neighborhood improvement districts, and special neighborhood improvement districts to receive technical assistance grants from the department; requiring notification of the establishment of such districts; providing technical changes; creating s. 163.512, F.S.; authorizing the creation of community redevelopment neighborhood improvement districts; authorizing use of the community redevelopment trust fund to implement safe neighborhood improvement plans; providing duties of the advisory council; providing for dissolution of the districts; amending s. 163.513, F.S.; providing that districts may not restrict access to or lawful use of public facilities; providing technical changes; amending s. 163.514, F.S.; authorizing neighborhood improvement districts to make and collect special assessments; amending s. 163.5151, F.S.; conforming a cross reference; amending s. 163.516, F.S.; providing technical changes; amending s. 163.517, F.S.; revising the number and amount of planning grants provided under the Safe Neighborhoods Trust Fund; requiring audit after expiration of a district's contract; creating s. 163.5175, F.S.; providing for awards of technical assistance grants under certain conditions and criteria; repealing s. 163.518, F.S., relating to the crime prevention through environmental design program; amending s. 163.519, F.S.; changing administrative duties from the Department of Community Affairs to the Department of Legal Affairs and adding duties, including certain reporting duties; creating s. 163.5201, F.S.; providing for evaluation of the safe neighborhoods program; amending s. 163.521, F.S.; modifying provisions relating to district overlap with enterprise zones; requiring completion of a safe neighborhood improvement plan prior to expenditure of capital improvement funds; requiring that capital improvement funding requests be related to crime prevention through environmental design, environmental security, and defensible space; creating s. 163.5215, F.S.; providing for effect of the Safe Neighborhoods Act on existing laws; amending s. 163.522, F.S.; encouraging the creation of neighborhood improvement districts within community redevelopment areas; transferring the Safe Neighborhoods Trust Fund from the Department of Community Affairs to the Department of Legal Affairs, and transferring certain positions and funding; providing an effective date. Referred to the Committees on Community Affairs, Finance & Taxation and Appropriations. By Representative Young- HB 829-A bill to be entitled An act relating to postsecondary education; requiring medical schools to establish geriatric education programs; providing for a request for proposal process; providing for funding and use of funds; providing for rules; providing an appropriation; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. By Representative Rayson- HB 831-A bill to be entitled An act relating to purchasing; amending s. 283.32, F.S.; requiring that all paper purchased by state agencies or used in printing for state agencies after July 1, 1993, be recycled paper; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representative Long- HJR 833-A joint resolution proposing to create Section 16 of Article X of the State Constitution relating to drawings by chance. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representatives Boyd, Sansom- HB 835-A bill to be entitled An act relating to postsecondary education; amending s. 240.408, F.S.; providing for the award of scholarships to nonpublic school students from the Challenger Astronauts Memorial Undergraduate Scholarship Program; providing an effective date. Referred to the Committee on Postsecondary Education. By Representative Ritchie- HB 837-A bill to be entitled An act relating to loan brokers and credit service organizations; providing legislative findings and intent; providing definitions; prohibiting loan brokers from performing certain acts; providing for the responsibility of principals; providing for investigations, cease and desist orders, and hearing procedures with respect to loan brokers; providing for fines and disposition thereof; providing for examinations, subpoenas, hearings, and witnesses; providing for injunctions to restrain violations; providing criminal penalties; providing for actions for damages; providing for the powers and duties of the Department of Banking and Finance; amending s. 516.07, F.S.; deleting certain violations of the Florida Consumer Finance Act; repealing ss. 559.10, 559.11, 559.12, and 559.13, F.S., relating to budget planning; amending s. 817.7001, F.S.; defining the term "budget planning"; revising definitions with respect to credit service organizations; creating s. 817.7002, F.S.; providing for the powers and duties of the Department of Banking and Finance with respect to credit service organizations; creating s. 817.7003, F.S.; prohibiting budget planning; creating s. 817.707, F.S.; providing recordkeeping requirements; creating s. 817.708, F.S.; providing for the responsibilities of principals; creating s. 817.709, F.S.; providing for investigations, examinations, subpoenas, hearings, and witnesses; creating s. 817.715, F.S.; providing for injunctions to restrain certain violations; creating s. 817.716, F.S.; providing for cease and desist orders; providing for imposition of fines; providing an effective date. Referred to the Committees on Commerce and Appropriations. By Representative Press- HB 839-A bill to be entitled An act relating to discrimination against persons in admission to private clubs; prohibiting certain clubs from discriminating against an individual in evaluating an application for club membership because of race, color, religion, sex, national origin, or handicap; specifies a procedure for enforcement of the prohibition by the Commission on Human Relations; authorizing a person to seek injunctive relief for alleged discriminatory practices of such a club, under certain circumstances; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Goode- HB 841-A bill to be entitled An act relating to corporations; amending s. 607.1801, F.S.; providing procedures for domestication of non-United States corporations; providing for determination of the effective date of the domestication; providing an effective date. Referred to the Committees on Commerce and Finance & Taxation. 40 March 5, 1991 JOURNAL OF THE HOUSI By Representatives Chinoy, Bloom- HB 843-A bill to be entitled An act relating to consumer protection; creating part IV of chapter 501, F.S., relating to telemarketing; providing purpose and definitions; providing exemptions; providing requirements for licensure of commercial telephone solicitors and salespersons by the Department of Business Regulation; requiring certain disclosures; requiring display of licenses; providing for license renewal; providing security requirements; specifying grounds for denial of licensure; providing for general disclosures and disclosures of gifts and premiums to purchasers; requiring written contracts for purchase of consumer goods or services; providing for refund, credit, or replacement; specifying unlawful acts; providing investigative powers of enforcing authority; providing general civil remedies and civil penalties; providing for attorney's fees and costs; providing for referral to a criminal prosecuting authority; providing criminal penalties; requiring burden of proof of exempt businesses; providing additional individual remedies; providing for rules; providing for review and repeal; providing an effective date. Referred to the Committees on Regulated Services & Technology, Finance & Taxation and Appropriations. By Representative King- HB 845-A bill to be entitled An act relating to postsecondary education; creating the "Collegiate Athletic Association Compliance Enforcement Procedures Act"; providing legislative findings; providing definitions; providing that hearings are prerequisite to a finding of violation of association rules and specifying hearing procedures; providing penalty requirements; providing rights in interrogation; providing restrictions on penalties imposed by associations; providing for liability of an association; providing for application of the act; providing for cumulative remedies; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. By Representative Albright- HB 847-A bill to be entitled An act relating to child support; amending s. 61.13, F.S.; providing for child support for children who are over age 18 and who have not yet graduated from high school; amending s. 742.031, F.S.; revising language with respect to court ordered support in hearings concerning determination of paternity; providing an effective date. Referred to the Committee on Judiciary. By Representative Reaves- HB 849-A bill to be entitled An act relating to insurance companies; creating the Insurance Community Reinvestment Act; providing a legislative finding that insurers have an obligation to invest in certain communities in the state where the insurer does business; requiring the Department of Insurance to review this investment performance of insurers; requiring insurers to disclose investments to the department; authorizing certain community organizations to request a public hearing on complaints pertaining to an insurer's investment performance; requiring insurers to provide certain notice and make certain information available to the public; creating the Insurance Reinvestment Oversight Committee; providing for appointment and duties; requiring an annual report by the committee; providing rulemaking authority; providing an effective date. Referred to the Committees on Insurance and Appropriations. By Representative Valdes- HB 851-A bill to be entitled An act relating to corrections; creating s. 945.092, F.S.; providing that a prisoner who has ever been convicted of the crime of escape is ineligible for work-release or minimum security confinement; providing an effective date. Referred to the Committees on Corrections and Appropriations. March 5, 1991 By Representative Sindler- HB 861-A bill to be entitled An act relating to the Florida Adoption Act; amending s. 63.022, F.S.; revising language with respect to legislative intent; revising language throughout the act to change the term "natural parent" to "birth parent"; amending s. 63.032, F.S.; providing definitions; amending ss. 63.042, 63.122, 63.172, and 63.207, F.S.; conforming language to the act; amending s. 63.043, F.S.; revising language with respect to mandatory screening or testing for sickle cell trait to delete reference to state-chartered private educational institutions; amending s. 63.062, F.S.; revising criteria with respect to persons required to consent to adoption; amending s. 63.082, F.S.; revising language with respect to execution of consent; providing additional requirements for execution; providing a time period for an independent action alleging consent was obtained by fraud or duress; amending s. 63.085, F.S.; revising language with respect to disclosure by an intermediary; conforming language; providing a timeframe for alleging that consent was obtained by fraud or duress; amending s. 63.092, F.S.; including reference to any licensed adoption agency with respect to required preliminary studies; conforming language; amending s. 63.097, F.S.; providing for approval of fees to intermediaries; amending s. 63.102, F.S.; deleting language with respect to a proceeding for prior approval of fees and costs; amending s. 63.132, F.S.; conforming language; providing for review of all expenditures related to adoptions expended by licensed adoption agencies by the Department of Health and Rehabilitative Services; amending s. 63.152, F.S.; revising language with respect to application for a new birth record; amending s. 63.162, F.S.; conforming language; revising language with respect to confidentiality; amending s. 63.165, F.S.; conforming language; including reference to intermediaries with respect to the state registry of adoption information; amending s. 63.182, F.S.; providing criteria with respect to advertisements regarding a child available or sought for adoption; amending s. 63.202, F.S.; authorizing the department to adopt rules that provide that all intermediaries and adoption specialists be certified; amending s. 63.212, E OF REPRESENTATIVES 41 By Representative Trammell- HB 853-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.0515, F.S.; providing Special Risk Class membership for nonofficer correctional employees who serve as vocational instructors and who come into direct contact with prisoners; amending s. 121.021, F.S.; conforming to the act; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative Trammell- HB 855-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.021, F.S.; adding certain positions in a state forensic facility to the definition of "special risk"; amending s. 121.0515, F.S.; describing eligible positions of a state forensic facility; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative Safley- HB 857-A bill to be entitled An act relating to intangible personal property taxes; amending s. 199.023, F.S.; defining the term "real property" for specified purposes under the Intangible Personal Property Tax Act to include leasehold estates in real property; specifying that the act does not affect the ad valorem taxation of any leasehold estate; specifying when sufficient taxes have been paid on certain notes or other obligations; prohibiting payment of refunds; providing an effective date. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Mishkin- HB 859-A bill to be entitled An act relating to medical assistance; amending s. 409.266, F.S.; requiring that certain prescription drugs be provided to eligible Medicaid recipients; providing an effective date. Referred to the Committees on Health Care and Appropriations. JOURNAL OF THE HOUSE OF REPRESENTATIVES F.S.; deleting language with respect to unlawful acts; providing that no hospital or birthing facility shall require any intermediary or agency to be a guarantor or co-signer for a birth parent under certain circumstances; providing a penalty; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representatives Lawson, Kelly, Cosgrove, Friedman- HB 863-A bill to be entitled An act relating to boating safety; providing a definition; prohibiting the operation of certain vessels on the waters of this state without a vessel operator's license; providing exemptions; providing penalties; providing requirements for licensure; providing fees; providing for the disposition of fees; creating the Boating Education and Standards Advisory Council within the Department of Natural Resources; providing for appointment of members and powers and duties; directing the Department of Highway Safety and Motor Vehicles to prepare and supply to certain law enforcement agencies an appropriate boating citation form; providing for the use of such forms; directing the clerk of the court in which described boating offenses were tried to report the judicial disposition to the Department of Highway Safety and Motor Vehicles; providing a point system for boating offense violations; providing for license suspensions; providing for license revocation; repealing s. 327.74, F.S., relating to uniform boating citations; providing effective dates. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. HB 865-Withdrawn By Representative Chestnut- HB 867-A bill to be entitled An act relating to education; amending s. 228.076, F.S.; revising provisions relating to eligibility for receipt of funds for vocational or adult general education programs; providing for the offering of programs in certain areas of the state; providing an effective date. Referred to the Committees on Vocational/Technical Education and Appropriations. By Representative K. Smith- HB 869-A bill to be entitled An act relating to the sale of lottery tickets; amending s. 212.05, F.S.; imposing the state sales tax on the sale of lottery tickets; amending s. 212.20, F.S.; providing for the use of revenues collected from such tax; amending s. 24.121, F.S.; revising the allocation of revenues from the sale of lottery tickets; increasing the percentage of gross revenue from the sale of lottery tickets to be deposited in the Educational Enhancement Trust Fund; amending s. 24.122, F.S.; deleting the tax exemption provided for the sale of lottery tickets; providing an effective date. Referred to the Committees on Regulated Services & Technology, Finance & Taxation and Appropriations. HB 875-SF-A bill to be entitled A proposal relating to juvenile justice. Referred to the Committees on Criminal Justice and Appropriations. By Representative Albright- HB 877-A bill to be entitled An act relating to the Department of Transportation; directing the department to permit certain nonprofit organizations to place concession-type trailers at certain rest areas on the grounds of interstate rest stops; providing an effective date. Referred to the Committees on Transportation and Appropriations. By Representative Morse- HB 879-A bill to be entitled An act relating to state lotteries; amending s. 24.105, F.S.; directing the Department of the Lottery to adopt certain rules with respect to the state lottery; providing for the distribution of certain funds; providing an effective date. Referred to the Committees on Regulated Services & Technology, Finance & Taxation and Appropriations. By the Committee on Veterans & Military Affairs & Emergency Preparedness and Representatives Bronson, Rudd, K. Smith, Healey, Jennings, Mishkin, Sembler- HB 881-A bill to be entitled An act relating to the Florida National Guard; amending ss. 250.18, 250.21, 250.22, 250.27, 250.28, 250.29, 250.43, 250.44, 250.46, and 250.49, F.S.; revising the provisions of the military code to eliminate reference to gender; eliminating an annual uniform allowance; amending s. 110.205, F.S.; revising language with respect to the exemption from the career service with respect to the military personnel of the Department of Military Affairs to eliminate reference to the appropriate military pay schedule; creating s. 250.375, F.S.; authorizing certain medical officers to practice in Florida; providing an effective date. Referred to the Committee on Appropriations. By the Committee on Criminal Justice and Representative Silver- HB 883-A bill to be entitled An act relating to firearms; creating s. 790.0655, F.S.; implementing a mandatory 3-day waiting period between retail purchase and delivery of any handgun; providing definitions; providing exceptions; providing criminal penalties; providing an effective date. Referred to the Committee on Appropriations. By Representative Young- HB 885-A bill to be entitled An act relating to Broward County; providing for the relief of Diana Martinez mother of Christina Martinez, a minor; authorizing and directing the South Broward Hospital District to compensate her for injuries suffered by Christina Martinez as a result of the negligence of the South Broward Hospital District doing business as Memorial Hospital; providing an effective date. Proof of publication of the required notice was attached. By Representative Figg- Referred to the Committee on Claims. HB 871-A bill to be entitled An act relating to marriage licenses; amending s. 741.01, F.S.; increasing the portion of the marriage license fee used to fund domestic violence centers; providing an effective date. Referred to the Committees on Health & Rehabilitative Services, Finance & Taxation and Appropriations. By Representative Roberts- HB 873-A bill to be entitled An act relating to gambling; amending s. 849.091, F.S.; defining the term "pyramid sales scheme"; declaring such a scheme a lottery and providing a penalty for persons who participate in such a lottery; providing an effective date. Referred to the Committee on Regulated Industries. By Representatives Sindler, Mims- By Representative Ireland- HB 887-A bill to be entitled An act relating to easements; amending s. 704.01, F.S.; revising criteria for determining when a statutory way of necessity exists; providing that such an easement may run under the servient tenement; amending s. 704.04, F.S.; deleting the provision that a statutory way of necessity awarded by court order is temporary; providing for judicial determination of attorney's fees and costs; deleting a provision permitting either party to request a jury trial to determine compensation; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Stafford- HB 889-A bill to be entitled An act relating to crimes against the elderly; amending s. 784.08, F.S.; providing that enhanced penalties apply 42 March 5, 1991 JOURNAL OF THE HOUSI for certain crimes against elderly persons regardless of whether the person charged with the crime has knowledge of the age of the victim; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Young- HB 891-A bill to be entitled An act relating to medical practice; amending ss. 458.317 and 459.0075, F.S.; exempting physicians and osteopathic physicians applying for limited licenses from fees charged at the time of initial application; amending s. 459.0092, F.S., to conform; providing an effective date. Referred to the Committees on Regulatory Reform, Finance & Taxation and Appropriations. HB 893-Withdrawn By Representative Abrams- HB 895-A bill to be entitled An act relating to children; creating s. 383.141, F.S.; requiring physicians to administer toxicology tests to newborn children in certain circumstances; providing immunity from liability; providing for adoption of rules and criteria for testing; creating s. 415.5096, F.S.; specifying duties of the Department of Health and Rehabilitative Services in drug-related child abuse or neglect cases; providing for assessments and plans; authorizing filing of a petition for dependency upon refusal of services or failure to comply with the plan; providing confidentiality; providing for rules; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Abrams- HB 897-A bill to be entitled An act relating to insurance; creating s. 626.8474, F.S.; prohibiting a title insurer or a title insurance agent from disbursing funds from a trust fund account until funds related to the real estate closing transaction in sufficient amounts to fund the disbursements have been credited to the trust fund account; providing for rules; providing an effective date. Referred to the Committee on Insurance. By Representative Silver- HB 899-A bill to be entitled An act relating to alcoholic beverage licenses; amending s. 561.20, F.S.; redefining the term "speciality center" for the purposes of law relating to special alcoholic beverage licenses; providing an effective date. Referred to the Committees on Regulated Industries and Appropriations. By Representative Liberti- HB 901-A bill to be entitled An act relating to offenses by public officers; providing elements of the crime of official misconduct; providing definitions; prohibiting public servants from engaging in specified actions with respect to official records and documents; prohibiting public servants from interfering with certain communications relating to criminal violations; prohibiting public officers from refraining from performing certain duties; providing penalties; repealing s. 839.25, F.S., relating to official misconduct; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Banjanin- HJR 903-A joint resolution proposing an amendment to Section 16, Article III of the State Constitution, relating to reapportionment, to require the formation of a commission to reapportion the state legislative and congressional districts. Referred to the Committees on Reapportionment and Appropriations. March 5, 1991 E OF REPRESENTATIVES 43 By Representative Logan- HB 905-A bill to be entitled An act relating to Dade County; providing for the relief of Zona and Milton Mingo, to compensate Zona Mingo for her personal injuries and Milton Mingo, her husband, for the loss of consortium as a result of an accident by a county bus; providing for payment by the county; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Claims. By the Committee on Regulatory Reform and Representative Tobin- HB 907-A bill to be entitled An act relating to real estate appraisers; amending s. 20.30, F.S.; creating the Florida Real Estate Appraisal Board; amending s. 475.01, F.S.; redefining the term "broker" and deleting reference to appraisers; redefining services provided by salespersons; amending s. 475.011, F.S.; providing exemptions to regulation by the Florida Real Estate Commission for persons who are, or are studying to become, real estate appraisers; amending ss. 475.04, 475.25, and 475.451, F.S., and repealing s. 475.42(1)(m), F.S.; deleting reference to real estate appraisers; repealing s. 475.501, F.S., relating to regulation of real estate appraisers; creating part II of chapter 475, F.S., consisting of ss. 475.610- 475.630, F.S.; providing for the regulation of real estate appraisers; providing legislative purpose; providing definitions; providing for certification or licensure; creating the Florida Real Estate Appraisal Board; providing for rulemaking power; providing qualifications for registration, licensure, and certification; providing fees; providing examination requirements; providing education and experience requirements; providing for renewal and continuing education; providing for inactive status; providing that corporations and partnerships are ineligible for licensure or certification; providing for a registry of licensed and certified appraisers; providing for display and disclosure of licensure or certification; providing for registration of office locations; providing for discipline; providing for final orders; providing for violations and penalties; providing for real estate appraisal course instructors; providing professional standards; providing for retention of records; providing for temporary practice; directing that changes in terminology in the Florida Statutes be made; providing for review and repeal; providing an effective date. Referred to the Committee on Appropriations. By Representative Wallace- HB 909-A bill to be entitled An act relating to the Legislature; fixing the date for convening the regular session of the Legislature in the year 1992; providing an effective date. Referred to the Committee on Ethics & Elections. By Representative Glickman- HB 911-A bill to be entitled An act relating to planning and budgeting; amending s. 216.011, F.S.; defining "core services budget"; amending s. 216.181, F.S.; providing that eligibility for advance payment is restricted for appropriations not included in the core services budget; amending s. 216.221, F.S.; providing for recommendation by agency heads of alternative budget reduction plans when the Administration Commission reduces state agency budgets and releases to prevent a deficit; providing an effective date. Filed By Representative Glickman- HB 913-A bill to be entitled An act relating to campaign financing; amending s. 106.08, F.S.; revising the limitations on contributions to candidates and political committees; reenacting ss. 106.04(5), 106.075(2), 106.19(1)(a), and 106.29(4), F.S., relating to contributions by committees of continuous existence, contributions to pay loans, penalty for acceptance of contributions in excess of limits, and contributions by executive committees, to incorporate the amendment to s. 106.08, F.S., in references thereto; amending s. 607.0122, F.S.; increasing the annual report fee for corporations; reenacting s. 617.0122, F.S., relating to fees applicable to corporations not for profit, to incorporate the amendment to s. 607.0122, JOURNAL OF THE HOUSE OF REPRESENTATIVES F.S., in a reference thereto; amending s. 607.1901, F.S.; providing for a portion of the annual report fees for corporations and limited partnerships to be deposited in the Election Campaign Financing Trust Fund; amending s. 620.182, F.S.; increasing the annual report fee for limited partnerships; providing an effective date. Filed By Representative Banjanin- HR 915-A resolution honoring the U.S.S. Lexington. Referred to the Committee on Rules & Calendar. By Representatives Liberti, Reddick, Sansom, Young, Lewis, Foley, Healey, Cosgrove, Goode, Brown, Hafner, Langton, Press, Hill, Hanson, Chestnut, Martinez, Wise, Crady, Saunders, Stafford, Webster, Rayson, Burke, Bloom, Logan, Ostrau, Holzendorf, Gutman, Valdes, Ireland, Muscarella, Wallace, Ritchie, Irvine, Mishkin, Brennan, Viscusi, Graber, Mackenzie, King, Gordon, Hawkins, Clark, Rudd, Flagg, Mitchell, Sindler, Morse, Garcia, Silver, Tobiassen, Bainter, Kelly, Laurent, Albright, C. Smith- HB 917-A bill to be entitled An act relating to community colleges; amending s. 240.359, F.S.; revising the procedure for determining the annual apportionment from state funds; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. By Representative Hanson- HB 919-A bill to be entitled An act relating to assault and battery; amending s. 784.07, F.S.; adding juvenile detention staff to the listing of law enforcement officers against whom the commission of assault and battery offenses results in a 1-degree upward reclassification of the offense; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. HB 921-Withdrawn By Representative Frankel- HB 923-A bill to be entitled An act relating to dog owner's liability; amending s. 767.04, F.S.; specifying liability of dog owner who displays a "Bad Dog" sign; providing an effective date. Referred to the Committee on Judiciary. By Representative Glickman- HB 925-A bill to be entitled An act relating to transportation finance and planning; creating s. 339.131, F.S.; prescribing a formula for the allocation of funds by the Department of Transportation to department districts in the 5-year transportation plan; providing exceptions; providing an effective date. Filed By Representative Wallace- HB 927-A bill to be entitled An act relating to water resources; amending s. 373.103, F.S.; providing for local government enforcement of a delegated stormwater permitting or surface water management program; amending s. 373.129, F.S.; authorizing local governments delegated certain authority to maintain actions and deposit civil fines into a local water pollution control program trust fund and use such funds for specified purposes; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Wallace- HB 929-A bill to be entitled An act relating to unclaimed property; amending s. 717.135, F.S.; increasing the time period during which agreements to pay compensation to recover or assist in the recovery of certain property are unenforceable; providing an effective date. Referred to the Committees on Commerce and Appropriations. By Representative Glickman- HB 931-A bill to be entitled An act relating to crime victim compensation; amending s. 960.03, F.S.; revising definitions for purposes of eligibility under the "Florida Crimes Compensation Act"; amending s. 960.04, F.S.; expanding award eligibility; amending s. 960.07, F.S.; increasing the time period extension for filing claims for compensation which the division is authorized to allow for cause; providing an effective date. Filed By Representative Webster- HB 933-A bill to be entitled An act relating to durable powers of attorney; amending s. 709.08, F.S.; providing for notification of the execution of a durable power of attorney in certain situations; providing an effective date. Referred to the Committee on Judiciary. By Representative Hanson- HB 935-A bill to be entitled An act relating to transportation planning; amending s. 339.175, F.S.; requiring metropolitan planning organizations to submit copies of the annual transportation improvement program to the members of the Legislature representing the area; providing an effective date. Referred to the Committee on Transportation. By Representative Langton- HB 937-A bill to be entitled An act relating to claims involving the state; creating s. 17.0415, F.S.; providing that the Comptroller may authorize the assignment of claims between the state, its agencies, and its subdivisions; amending s. 284.385, F.S.; providing for a system to coordinate the exchange of information about claims for and against the state; amending s. 768.28, F.S.; specifying information that must be included in a written claim against the state; providing that compliance with such requirements is a condition precedent to an action; providing circumstances under which a court may excuse incomplete or inaccurate compliance; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representatives Langton, Kelly, Saunders, Ritchie, Lombard, Mortham, Huenink, Sembler, Stone- HB 939-A bill to be entitled An act relating to accountants; amending s. 473.316, F.S.; providing definitions; providing that certain materials related to a quality review of an accountant are privileged and not subject to discovery, subpoena, or other means of legal process or introduction into evidence in specified proceedings; providing an effective date. Referred to the Committee on Judiciary. HB 941-Withdrawn By Representative Brennan- HB 943-A bill to be entitled An act relating to nursing homes and related health care facilities; creating the position of Advocate for Nursing Home and Long-Term Care Facility Residents under the Commission on Aging; providing for authority of such advocate; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Burke- HB 945-A bill to be entitled An act relating to hate crimes; amending s. 775.085, F.S.; revising elements of the offense to provide for enhanced penalties when the commission of a criminal offense evidences prejudice based on sexual orientation; amending s. 877.19, F.S., the "Hate Crimes Reporting Act," to conform; providing an effective date. March 5, 1991 44 JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committees on Criminal Justice and Appropriations. By Representative Glickman- HB 947-A bill to be entitled An act relating to the Florida Clean Indoor Air Act; amending s. 386.203, F.S.; expanding the definition of "public place"; amending s. 386.204, F.S.; requiring notification to violators of the prohibition against smoking in a public place; amending s. 386.207, F.S.; providing for enforcement; amending s. 386.208, F.S.; correcting a cross reference; providing an effective date. Filed By Representative Brown- HB 949-A bill to be entitled An act relating to low-income housing; creating an emergency home repair program for certain low-income elderly and low-income handicapped persons; providing a funding formula; prescribing uses for the funds; providing for the Department of Community Affairs to administer the program; providing for the adoption of rules; providing an effective date. Referred to the Committees on Community Affairs and Appropriations. By Representative Huenink- HB 951-A bill to be entitled An act relating to to the Beverage Law; amending s. 561.01, F.S.; defining the term "exporter" for purposes of the Beverage Law; amending ss. 561.14, 561.17, F.S.; requiring persons exporting alcoholic beverages to register with the Division of Alcoholic Beverages and Tobacco of the Department of Business Regulation; amending s. 561.20, F.S.; authorizing the division to issue special 3-day licenses for conducting specified types of special sales; prescribing an application fee; amending s. 561.22, F.S.; prohibiting an exporter of alcoholic beverages from obtaining an alcoholic beverage vendor's license; amending s. 561.24, F.S.; prohibiting certain manufacturers of alcoholic beverages from registering as exporters of alcoholic beverages; amending s. 561.32, F.S.; prohibiting the transfer of a license as a matter of right if certain administrative proceedings have been or will be brought against the license; amending s. 561.331, F.S.; providing for a temporary beverage license to be issued upon request for a change in the type or series of a license; providing a fee for application for such temporary license; amending ss. 561.37, 561.38, F.S.; deleting provisions requiring exporters of alcoholic beverages to secure payment of taxes by surety bonds filed with the division; amending s. 561.41, F.S.; requiring an exporter of alcoholic beverages to provide the division with certain records and allow the division access to its premises; providing rulemaking authority; amending s. 561.43, F.S.; prohibiting an exporter of alcoholic beverages from registering to operate in a dry county; amending s. 561.55, F.S.; providing recordkeeping requirements for exporters and vendors of alcoholic beverages; requiring exporters to supply to the division copies of certain reports prepared pursuant to federal regulations; amending s. 562.11, F.S.; providing that alcoholic beverages may not be sold or served to underage persons anywhere in the state; providing an additional form of identification for use in proving legal age under the Beverage Law; amending s. 562.12, F.S.; prohibiting a person from operating as an exporter of alcoholic beverages without being registered as an exporter; providing a penalty; amending s. 562.45, F.S.; authorizing counties to enact ordinances regulating certain matters respecting the sale of alcoholic beverages; requiring a licensee to provide documentation of proper zoning prior to approval of a change in the series of a license or in the licensee's location; amending s. 562.47, F.S.; revising the elements which constitute prima facie evidence that a beverage is an alcoholic beverage; providing an effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representative Hawkins- HB 953-A bill to be entitled An act relating to the Golden Gate Fire Control and Rescue District, Collier County; amending chapter 87-498, Laws of Florida, as amended; revising language to change type of payment received by fire commissioners from salary to honorarium; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Community Affairs. By Representative Tobiassen- HM 955-A memorial to the Congress of the United States urging Congress to initiate a comprehensive program to develop alcohol fuels as the primary fuel for the nation's motor vehicles. Referred to the Committee on Natural Resources. By Representative Peeples- HB 957-A bill to be entitled An act relating to the South Trail Fire Protection and Rescue Service District, Lee County; amending s. 5(2), chapter 76-412, Laws of Florida, as amended; increasing the maximum millage rate that may be levied by the district board of commissioners; providing for a referendum; providing an effective date. Referred to the Committees on Community Affairs and Finance & Taxation. By Representative Glickman- HJR 959-A joint resolution proposing the creation of Section 19 of Article III and Section 20 of Article XII of the State Constitution relating to terms of legislators. Filed By Representative Lewis- HB 961-A bill to be entitled An act relating to the Yacht and Ship Brokers' Act; amending s. 326.004, F.S.; deleting the requirement that applicants for licensure must have 3 personal references; requiring the submission of fingerprints; providing for temporary licensure; providing an effective date. Referred to the Committees on Regulatory Reform and Appropriations. By Representative Lewis- HB 963-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.06, F.S.; providing for application of use tax to certain boats imported into the state; amending s. 212.054, F.S.; revising provisions which specify conditions under which a transaction is deemed to have occurred in a county imposing a discretionary sales surtax, for purposes of imposition of such surtax, to conform; providing an effective date. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Viscusi- HB 965-A bill to be entitled An act relating to hazardous waste facility permits; amending s. 403.722, F.S.; requiring proof of a demonstrated need as a condition for the issuance of a permit for the construction, modification, or operation of a hazardous waste facility that will burn certain hazardous materials; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Grindle- HB 967-A bill to be entitled An act relating to "The Motor Vehicle Retail Sales Finance Act"; amending s. 520.085, F.S.; revising provisions relating to finance charges with respect to a retail installment contract representing the sale of a motor vehicle primarily for business or commercial purposes; providing an effective date. Referred to the Committee on Commerce. By Representative Figg- HR 969-A resolution proclaiming March 1991 Healthy Baby Month and March 26, 1991, Healthy Baby Day. Referred to the Committee on Rules & Calendar. March 5, 1991 45 46 JOURNAL OF THE HOUSE By Representative Long- HB 971-A bill to be entitled An act relating to motor vehicle title fees; amending s. 319.32, F.S.; increasing the fee for issuing an original certificate of title for certain motor vehicles; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representative Valdes- HB 973-A bill to be entitled An act relating to habitual violent felony offenders; amending s. 775.084, F.S.; adding burglary to the enumeration of qualifying felony offense convictions; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Glickman- HB 975-A bill to be entitled An act relating to chemicals used in the manufacture of controlled substances; amending s. 893.02, F.S.; adding a definition of the term "listed chemical"; creating s. 893.033, F.S.; establishing a list of precursor chemicals and essential chemicals; amending s. 893.105, F.S.; authorizing the sample testing and destruction of listed chemicals seized; amending s. 893.12, F.S.; providing that listed chemicals involved in violations of ch. 893, F.S., are contraband and are subject to seizure and forfeiture; providing for destruction of seized chemicals; creating s. 893.149, F.S.; prohibiting the possession of a listed chemical with the intent to unlawfully manufacture a controlled substance; providing penalties; amending s. 112.0455, F.S.; revising a cross-reference to conform to renumbering made by this act; providing an effective date. Filed By Representative Huenink- HB 977-A bill to be entitled An act relating to insurance; amending s. 624.501, F.S.; providing fees; amending s. 626.281, F.S.; providing for reexamination of applicants for licensure as agents; amending s. 626.752, F.S.; specifying information an insurer must report upon acceptance of business under exchange of business provisions; amending s. 626.793, F.S.; specifying information an insurer must report upon acceptance of business under excess or rejected business provisions; amending ss. 626.7851 and 626.8311, F.S.; providing continuing education requirements; amending s. 626.837, F.S.; specifying information an insurer must report upon acceptance of business under excess or rejected business provisions; creating s. 626.8695, F.S.; requiring adjusting firms to designate primary adjusters; providing circumstances under which an adjusting firm license is required; creating s. 626.8696, F.S.; providing for application for adjusting firm license; creating s. 626.8697, F.S.; providing for refusal, suspension, or revocation of an adjusting firm license; amending s. 626.888, F.S.; requiring certain administrators and employees thereof to be licensed as adjusters; amending s. 626.9521, F.S.; specifying fines for unfair methods of competition and unfair or deceptive acts or practices; amending s. 626.9541, F.S.; providing circumstances in which the obtaining of a power of attorney is prohibited; providing circumstances under which the selling of motor vehicle services or other insurance coverage or benefit not provided by a motor vehicle insurer is prohibited; amending s. 627.4085, F.S.; requiring the agent's name and license number on an application for insurance; amending ss. 627.944, 627.949, 627.952, 632.634, 634.171, 634.181, 634.191, 634.201, 634.211, 634.317, 634.318, 634.319, 634.320, 634.321, 634.322, 634.3225, 634.323, 634.419, 634.420, 634.421, 634.422, 634.423, 634.424, 634.425, 634.426, 635.051, 637.141, 637.143, 637.144, 637.145, 637.146, 637.301, 637.302, 637.303, 637.304, 637.305, 637.415, 638.181, 638.191, 638.201, 638.211, 638.221, 639.185, 641.386, 642.034, 642.036, 642.038, 642.041, 642.043, 642.045, and 642.047, F.S.; applying provisions relating to licensure, appointment, and discipline of insurance agents, unlawful rebating, and fees, to persons engaged in sales for risk retention and purchasing groups, fraternal benefit societies, motor vehicle service agreement companies, home warranty associations, service warranty associations, mortgage guaranty insurance, optometric service plan corporations, pharmaceutical service plan corporations, dental service plan corporations, ambulance service associations, preneed funeral merchandise or service contracts, health maintenance organizations, and 1] E OF REPRESENTATIVES March 5, 1991 legal expense insurers; reenacting ss. 624.155(1)(a), 624.3151, 626.9571(1), 626.9581, 626.9611, and 626.989(2) and (4)(a), F.S., relating to civil remedies, insurer complaint ratios, unfair or deceptive acts or practices, and insurance fraud, to incorporate the amendments to s. 626.9541, F.S., in references thereto; providing for review and repeal; providing an effective date. Referred to the Committees on Insurance, Finance & Taxation and Appropriations. By Representative Langton- HB 979-A bill to be entitled An act relating to the City of Jacksonville, Duval County; providing for the relief of Donald D. Moulden, to compensate him for injuries sustained as a result of the negligent maintenance of a traffic control device by the city; providing for payment by the city; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Claims. By Representative Arnall- HB 981-A bill to be entitled An act relating to the City of Neptune Beach, Duval County; providing for the relief of Richard Goree, to compensate him for injuries suffered as a result of being struck by a city police car; providing for payment by the city to Barbara Hayden, mother and guardian of Richard Goree; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Claims. By Representative McEwan- HB 983-A bill to be entitled An act relating to military leave; amending s. 115.11, F.S.; providing that where a military leave of absence for any elected municipal officer exceeds a certain time period a temporary vacancy exists in that office; providing for the filling of the temporary vacancy; providing for the termination of the temporary appointment; providing an effective date. Referred to the Committee on Ethics & Elections. By Representative C. F. Jones- HB 985-A bill to be entitled An act relating to tax on the severance of minerals; amending s. 211.31, F.S.; specifying the expenses to be borne by the Land Reclamation Trust Fund, the Nonmandatory Land Reclamation Trust Fund, and the Phosphate Research Trust Fund; amending s. 211.32, F.S.; revising provisions which require taxpayers to complete a reclamation and restoration program for each site of severance; deleting provisions which allow reclamation of sites other than severance sites and which allow donation of land to the state; deleting provisions which authorize refund from the Land Reclamation Trust Fund of taxes paid in the amount of costs for such reclamation or donation; establishing the trust fund in the Department of Natural Resources and providing uses thereof; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representative Glickman- HB 987-A bill to be entitled An act relating to petit theft; amending s. 812.014, F.S.; authorizing inclusion of any prior theft conviction in accumulating offenses for second and subsequent petit theft penalties; reenacting ss. 39.044(2)(d), 409.2665(18), 538.23(2), 550.63(10), 634.319(2), 634.421(2), 642.038(2), and 705.102(4), F.S., relating to juvenile detention, Medicaid fraud, receipt of stolen regulated metals property, intertrack wagering, reporting and accounting for funds received by sales representatives in certain fiduciary transactions, and unlawful appropriation of lost or abandoned property, to incorporate said amendments in references thereto; amending s. 812.015, F.S.; deleting a requirement of a conviction for theft as a requirement for the offense of resisting recovery, and reenacting ss. 538.09(5)(f) and 538.23(2), F.S., relating to secondhand dealers and secondary metals recyclers, to incorporate said amendment in references thereto; providing technical amendments; providing an effective date. Filed By Representative C. F. Jones- HB 989-A bill to be entitled An act relating to codification of the Laws of Florida; directing the Joint Legislative Management Committee to contract for a codification of the special and local laws and general laws of local application of the state; providing for publication and distribution of the codification; providing an effective date. Referred to the Committees on Community Affairs and Appropriations. By Representative C. F. Jones- HB 991-A bill to be entitled An act relating to insurance; amending s. 627.727, F.S.; deleting a requirement that in issuing an uninsured motorist policy, the insurer make available policy limits up to the insured's bodily injury liability limits; authorizing uninsured motorist insurers to offer policies providing certain limited coverage, including a limit on maximum coverage; requiring such coverage to reflect a specified rate reduction; providing an effective date. Referred to the Committees on Insurance and Appropriations. By Representative C. F. Jones- HB 993-A bill to be entitled An act relating to mobile homes; amending s. 320.77, F.S.; increasing bond requirements for mobile home dealers; amending s. 320.840, F.S.; revising language with respect to liquidated damages which the retail seller of a mobile home may recover in certain circumstances; amending s. 817.5621, F.S.; including mobile homes in a provision of law relating to the unlawful subleasing of a motor vehicle; providing a penalty; providing an effective date. Referred to the Committee on Judiciary. By Representative C. F. Jones- HB 995-A bill to be entitled An act relating to law enforcement officers; creating s. 901.252, F.S.; providing authority to municipal law enforcement officers to patrol property and facilities owned by the municipality but located outside its territorial jurisdiction, and providing authority to such officers to take into custody and detain persons who they have probable cause to believe have committed or are committing a violation of state law or of a city or county ordinance on such property or facilities; providing immunity from certain civil and criminal liability; providing criminal penalties for resisting such officer's effort to detain and providing an exception; providing an effective date. Referred to the Committee on Criminal Justice. By Representatives Chinoy, Lippman, Reddick, Rayson, Pruitt, Stafford, Chestnut, Tobin, Langton- HB 997-A bill to be entitled An act relating to domestic violence; amending s. 25.385, F.S.; directing the Florida Court Educational Council to establish standards for the instruction of county court judges with respect to domestic violence cases; redefining the term "domestic violence"; defining the term "family or household member"; amending s. 415.601, F.S.; revising language with respect to domestic violence cases; amending s. 415.602, F.S.; redefining the term "domestic violence"; deleting the term "spouse" and substituting the term "family or household member"; amending s. 741.29, F.S.; revising language with respect to investigations by law enforcement officers of domestic violence; providing for revised notices to victims; providing for the forwarding of certain written reports to certain spouse abuse centers; creating s. 741.2901, F.S.; providing for the duties of the state attorneys with respect to the prosecution of domestic violence cases; creating s. 741.2902, F.S.; providing for legislative intent with respect to domestic violence cases; amending s. 741.30, F.S.; redefining the term "domestic violence"; eliminating the term "spouse" and substituting the term "family or household member"; providing for additional duties of the clerk of the court with respect to domestic violence 47 cases; providing for additional information on the petition for injunction for protection against domestic violence; providing for additional duties of law enforcement officers; amending s. 901.15, F.S.; providing for arrest without warrant for domestic violence; amending s. 943.171, F.S.; redefining the term "domestic violence"; defining the term "household member"; amending s. 944.705, F.S.; conforming to the act; providing for the responsibilities of the Department of Law Enforcement with respect to uniform statewide policies and procedures with respect to domestic violence cases; providing for the development of a brochure on domestic violence; providing for the collection of certain statistics on domestic violence; providing an appropriation; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Dennis Jones- HB 999-A bill to be entitled An act relating to health insurance; amending ss. 627.6403 and 627.6618, F.S.; requiring all individual and group health insurance policies to provide coverage for the services of an acupuncture physician; reenacting s. 627.6693(1)(d) and (3)(i), relating to small group basic health insurance policies, to incorporate the amendment to s. 627.6618, F.S., in references thereto; providing an effective date. Referred to the Committees on Insurance and Appropriations. By Representative Bainter- HB 1001-A bill to be entitled An act relating to insurance; amending s. 627.4143, F.S.; requiring the outline of coverage for private passenger motor vehicle insurance to include information on coverage of collision damage to rental vehicles; requiring such information to be included on proof-of-insurance cards; providing an effective date. Referred to the Committee on Insurance. By Representative Healey- HB 1003-A bill to be entitled An act relating to campaign financing; amending s. 106.011, F.S.; defining "affiliated corporations"; amending s. 106.055, F.S.; expanding provisions on valuation of in-kind contributions to clarify applicability to public opinion research information and to personal services; amending s. 106.08, F.S.; lowering campaign contribution limits; requiring at least half of such campaign contributions to be from residents of the geographic area from which the candidate seeks election; providing penalties; creating s. 106.081, F.S.; prohibiting campaign contributions to candidates for legislative office during sessions of the Legislature and during certain periods prior to various types of legislative sessions; providing penalties; amending s. 106.141, F.S.; reducing the options for disposition of surplus funds by candidates who withdraw, become unopposed, or are eliminated from candidacy or elected to office; providing penalties; amending s. 106.15, F.S.; prohibiting candidates from accepting contributions in public buildings; providing penalties; reenacting ss. 106.04(5), 106.075(2), 106.19(1)(a), and 106.29(4), F.S., relating to contributions by committees of continuous existence, contributions to pay loans, penalty for acceptance of contributions in excess of limits, and contributions by executive committees, to incorporate the amendment to s. 106.08, F.S., in references thereto; providing an effective date. Referred to the Committees on Ethics & Elections and Appropriations. By Representatives Holland, King- HB 1005-A bill to be entitled An act relating to employee leasing companies; providing legislative purpose; providing definitions; creating the Board of Employee Leasing Companies within the Department of Professional Regulation; providing for rules; providing for applicability; providing for application for license; providing for license requirements; providing fees; providing for license renewal; providing for temporary license; providing for inactive status; providing for licensees' insurance, employment tax, and benefit plans; providing for license contents and the posting of licenses; providing prohibitions and penalties; providing for discipline; providing for the deposit of fees into the Professional Regulation Trust Fund; providing exemptions; providing for review and repeal; providing an appropriation; providing an effective date. March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committees on Regulatory Reform, Finance & Taxation and Appropriations. By Representative Holland- HB 1007-A bill to be entitled An act relating to campaign financing; amending s. 106.08, F.S.; providing an earlier deadline for acceptance of campaign contributions; creating s. 106.081, F.S.; providing expenditure limitations for candidates for Governor, Cabinet, and the Legislature; creating s. 106.082, F.S.; creating public election financing trust funds; requiring such candidates to turn over specified percentages of certain contributions to the trust funds; providing for disbursement of moneys in the trust funds to qualified candidates; amending s. 106.19, F.S.; providing penalties for violations; providing an effective date. Referred to the Committees on Ethics & Elections and Appropriations. By Representative Garcia- HB 1009-A bill to be entitled An act relating to postsecondary education; amending s. 240.2097, F.S.; providing for information relating to the sale, possession, or use of controlled substances and alcoholic beverages to be included in university student handbooks; providing an effective date. Referred to the Committee on Postsecondary Education. By Representative Banjanin- HB 1011-A bill to be entitled An act relating to reapportionment; providing membership requirements for the reapportionment commission established by Section 16, Article III of the State Constitution; providing for the appointment and removal of such members; providing meeting and staffing requirements for the commission; providing guidelines for the adoption and filing of an apportionment plan by the commission; providing for challenges to the plan and for review by the Supreme Court; providing for the adoption of a plan by the Supreme Court in certain situations; providing for reimbursement of commission members' expenses; providing for the preparation of reports and conclusion of the business of the commission; providing an effective date. Referred to the Committees on Reapportionment and Appropriations. By Representative Lewis- HB 1013-A bill to be entitled An act relating to the East Beach Water Control District, Palm Beach County, created by chapter 22877, Laws of Florida, 1945, as amended, amending chapter 75-469, Laws of Florida, to provide compensation pursuant to s. 298.14, F.S., to governing board members; establishing a maintenance tax cap of $50 per acre in any one year; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Finance & Taxation. By Representative Starks- HB 1015-A bill to be entitled An act relating to handicapped persons; amending s. 413.08, F.S.; providing that trainers of service dogs, while engaged in the training of such dogs, shall have the same rights and privileges with respect to access to public facilities and the same liability for damage as is provided for deaf, blind, or mobility impaired persons accompanied by service dogs; providing an effective date. Referred to the Committee on Judiciary. By Representative Glickman- HB 1017-A bill to be entitled An act relating to admissibility of evidence; amending s. 914.04, F.S.; providing for grants of use immunity by state attorneys to obtain testimony, and providing certain notifications to witnesses, and reenacting s. 837.021(5), F.S., relating to perjury by contradictory statements, to incorporate said amendment in references thereto; amending s. 925.05, F.S.; requiring the recording of in-custody interrogations and requiring proof thereof; providing an exception; providing an effective date. Filed By Representative Bronson- HB 1019-A bill to be entitled An act relating to worthless checks; amending s. 832.05, F.S.; increasing the criminal penalties for issuing worthless checks in the amount of less than $150; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Bronson- HB 1021-A bill to be entitled An act relating to aging and adult services; amending s. 410.402, F.S.; requiring the Legislature to fund a memory disorder clinic at a specified memory disorder center; requiring the Department of Health and Rehabilitative Services to contract for the provision of a specialized model day care program in conjunction with each memory disorder clinic, for which certain research is required; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Bronson- HB 1023-A bill to be entitled An act relating to road designations; designating U.S. Highway 1 from the City of Key West to the Georgia state line as the POW-MIA Blue Star Highway; directing the Department of Transportation to erect appropriate markers; providing an effective date. Referred to the Committee on Transportation. By Representative Brennan- HJR 1025-A joint resolution proposing the creation of Section 7 of Article XI of the State Constitution relating to records and meetings of advisory commissions created by the constitution. Referred to the Committees on Governmental Operations and Appropriations. By Representative Dennis Jones- HB 1027-A bill to be entitled An act relating to bone marrow donation; providing an appropriation for the HLA-typing of potential bone marrow donors in the state; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Webster- HB 1029-A bill to be entitled An act relating to prostitution; amending s. 796.03, F.S.; providing that it is illegal to procure any person for prostitution regardless of the age of the person; providing a penalty; amending s. 796.05, F.S.; revising language with respect to deriving support from the proceeds of prostitution; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Crady- HJR 1031-A joint resolution proposing an amendment to Section 5 of Article VI of the State Constitution relating to general elections. Referred to the Committee on Ethics & Elections. By Representative Gordon- HB 1033-A bill to be entitled An act relating to public health; creating ss. 402.501, 402.502, 402.503, 402.504, and 402.505, F.S.; providing definitions; creating the breast cancer program within the Department of Health and Rehabilitative Services; requiring reports to the Legislature; providing for licensing and registration of sources of ionizing radiation; providing fees; providing restrictions on the use of radiation machines for mammography; providing for adoption of rules; providing an effective date. Referred to the Committees on Health & Rehabilitative Services, Finance & Taxation and Appropriations. 48 March 5, 1991 JOURNAL OF THE HOUSI By Representatives Rayson, Tobiassen, Gordon, Huenink- HB 1035-A bill to be entitled An act relating to electrolysis; providing a short title; providing legislative intent; providing definitions; creating the Electrolysis Council under the Board of Medicine within the Department of Professional Regulation; providing for rules, membership, terms, organization, meetings, and quorum thereof; providing regulatory powers and duties of the board; providing for the licensure of electrologists by examination and endorsement; providing for temporary permits; restricting use of certain titles and abbreviations; providing for license renewal; providing for automatic licensure expiration; providing for the adoption of rules; providing for fees; providing grounds for disciplinary action; providing administrative penalties; providing criminal penalties; providing exemptions; providing continuing education requirements; providing for future review and repeal; providing an effective date. Referred to the Committees on Regulatory Reform, Finance & Taxation and Appropriations. By Representative Starks- HJR 1037-A joint resolution proposing amendments to Sections 4 and 6, Article VII of the State Constitution, relating to assessment of property for ad valorem taxes. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Guber- HB 1039-A bill to be entitled An act relating to life-prolonging procedures; amending ss. 765.01, 765.02, 765.03, 765.04, 765.05, 765.07, 765.09, 765.10, 765.11, 765.12, 765.14, and 765.15, F.S.; revising the Life- Prolonging Procedure Act of Florida; providing intent; providing definitions; authorizing the withholding or withdrawal of life-prolonging procedures from a person with a terminal condition or in a persistent vegetative state; authorizing written or oral declarations; providing suggested forms for declaration providing procedures applicable in the absence of a declaration; correcting cross references; repealing s. 765.075, F.S., relating to withholding or withdrawing of sustenance; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representatives Starks, Sansom- HB 1041-A bill to be entitled An act relating to proceedings relating to juveniles; creating s. 39.338, F.S.; providing certain rights to victims and witnesses in juvenile delinquency proceedings; amending ss. 39.053, 39.054, F.S.; requiring judges to impose restitution as a penalty in community control programs; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Bronson- HB 1043-A bill to be entitled An act relating to sheriffs; amending s. 30.15, F.S.; providing that attendance of sheriffs or their deputies at county commission meetings shall be at the option of the board of county commissioners rather than mandatory; amending s. 14.022, F.S., to correct a cross reference; providing an effective date. Referred to the Committee on Community Affairs. HB 1045-Withdrawn By Representative Holland- HB 1047-A bill to be entitled An act relating to the regulation of vessels; prohibiting the operation of certain vessels upon the waters of the state by certain persons without successful completion of a boating safety course; providing a fee; directing the Department of Highway Safety and Motor Vehicles to endorse driver's licenses or identification cards with a code indicating successful completion of such a course; requiring certain persons to be accompanied by an adult when operating certain vessels; providing penalties; amending s. 327.54, F.S.; requiring liveries to comply with education requirements; providing penalties; creating the Boating Education and Standards Advisory Council within the Department of March 5, 1991 E OF REPRESENTATIVES 49 Natural Resources; providing for appointment of members; providing for powers and duties; providing review and repeal; providing effective dates. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representative Morse- HB 1049-A bill to be entitled An act relating to unemployment compensation; amending s. 443.101, F.S.; providing for disqualification of benefits when an individual is discharged for failure to obtain or maintain certain licensure; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representatives Sansom, Starks- HB 1051-A bill to be entitled An act relating to offenses involving obscene materials; amending s. 827.071, F.S.; providing that for purposes of the crime of possessing certain items of child pornography, the possession of each such item is a separate offense; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representatives Rayson, Deutsch- HB 1053-A bill to be entitled An act relating to water conservation; creating ss. 255.259 and 335.167, F.S.; requiring xeriscaping of certain property under the Department of General Services or the Department of Transportation, by a specified date; providing a 5-year phase-in for xeriscaping of certain other property under the departments; providing for rules and guidelines; creating s. 373.185, F.S.; providing definitions; requiring local xeriscaping incentive programs under the water management districts; providing for local government ordinances; specifying requirements; providing for rules and a model xeriscaping code; providing for promotion of residential and commercial use of xeriscaping; amending s. 380.061, F.S.; adding a xeriscaping requirement under the Florida Quality Developments program; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representatives C. Smith, Goode, Long, C. F. Jones, Sansom, Holland, Tobin, Grindle, Bronson, Mortham, Lewis, Gordon- HJR 1055-A joint resolution proposing an amendment to Section 9 of Article VII and the creation of Section 20 of Article XII of the State Constitution relating to ad valorem taxation for water management purposes. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representative Lawson- HB 1057-A bill to be entitled An act relating to state employee fitness-wellness; providing legislative findings and intent; creating a pilot project for establishment of state employee fitness-wellness programs; providing for appointment of a fitness-wellness coordinator and providing duties thereof; providing duties of the Department of Administration; requiring a report to the Governor and the Legislature; providing an appropriation; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representatives C. Smith, Long- HB 1059-A bill to be entitled An act relating to the acquisition of certain real property; authorizing the District Board of Trustees of Pasco- Hernando Community College to acquire described property; authorizing site planning, engineering, and master planning for such property; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. 50 JOURNAL OF THE HOUSE By Representative Arnall- HB 1061-A bill to be entitled An act relating to insurance; amending s. 626.88, F.S.; providing definitions; creating s. 626.8804, F.S.; establishing the administrator license fee; amending s. 626.8805, F.S.; revising requirements for a certificate of authority as an administrator; creating s. 626.8806, F.S.; providing exemptions for certain persons operating as administrators from the administrator certificate of authority requirements; creating s. 626.8807, F.S.; authorizing the department to waive registration requirements for certain administrators; creating s. 626.8808, F.S.; requiring registration of certain preempted administrators; amending s. 626.8817, F.S.; establishing responsibilities of an insurer contracting with an administrator; amending s. 626.882, F.S.; revising the requirements governing the written agreement required between an administrator and the insurer; amending s. 626.883, F.S.; providing requirements relating to payments of premiums or changes; establishing fiduciary requirements of administrators; establishing requirements for the written agreement between the administrator and the insurer; providing recordkeeping requirements of administrators; prohibiting claims payment by administrators from certain funds; establishing requirements with respect to claims payment by an administrator; amending s. 626.884, F.S.; revising recordkeeping requirements with respect to an administrator; amending s. 626.888, F.S.; revising requirements and prohibitions relating to compensation by commission, fee, or other charge to the administrator by the insurer; creating s. 626.889, F.S.; revising notice requirements and disclosure of certain charges, fees, and commissions to insureds by administrators; amending s. 626.89, F.S.; revising the financial statement and filing fee requirements of administrators; amending s. 626.891, F.S.; revising grounds for suspension or revocation of an administrator's certificate of authority; amending s. 626.894, F.S.; providing for administrative fines; providing for restitution by administrators committing certain violations; repealing s. 626.8809, F.S., relating to fidelity bonds of administrators; providing an effective date. Referred to the Committees on Insurance, Finance & Taxation and Appropriations. By Representative Hill- HB 1063-A bill to be entitled An act relating to sexual battery; amending s. 794.011, F.S.; providing a definition and providing technical changes; deleting an evidentiary provision and incorporating into the sexual battery section the substance of s. 794.041, F.S., relating to the offense of sexual activity with a child by or at solicitation of a person in familial or custodial authority and deleting an age minimum for the solicitation offense; repealing s. 794.041, F.S.; reenacting and amending ss. 39.001(3)(b), 39.076(3) and (5)(a), 39.4105(5), 110.1127(3)(a)1. and (3)(b)l.a., 242.335(3)(a)1., 393.0655(1) and (3)(a)1., 394.457(6)(a) and (6)(c)l.a., 396.0425(1) and (3)(a)l., 397.0715(1) and (3)(a)l., 402.305(1)(a) and (1)(c)l.a., and 409.175(4)(a)6. and (4)(a)8.a.(I), F.S., relating to juvenile program personnel screening, grandparental visitation, employee security checks, and personnel screening for the Florida School for the Deaf and the Blind, developmental disabilities caretakers, mental health and substance abuse treatment personnel, and child care and family foster home personnel, to incorporate the amendments to ss. 794.011 and 794.041, F.S., in references thereto, and to conform to said amendments; reenacting ss. 775.15(7), 794.023(2), 812.172(2), 903.133, 914.16, 944.033(4), 945.091(3), 946.40(4), 951.24(2)(c), and 958.09(2), F.S., relating to time limitations, sexual battery by multiple perpetrators, convenience store security, bail on appeal, sexual abuse victims under age 16, community correctional centers, use of prisoners in public works, and extensions of limits of confinement for inmates, to incorporate the amendment to s. 794.011, F.S., in references thereto; amending s. 794.022, F.S., to incorporate and conform to the amendments to ss. 794.011 and 794.041, F.S.; adding an evidentiary provision, and reenacting s. 90.404(1)(b)1., F.S., relating to character evidence, to incorporate said amendment in a reference thereto; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. I E OF REPRESENTATIVES March 5, 1991 By Representative Figg- HB 1065-A bill to be entitled An act relating to public records; amending s. 119.07, F.S.; providing an exemption from public records requirements for certain information required from prospective bidders by agencies in connection with building roads; providing for review and repeal; providing an effective date. Referred to the Committee on Governmental Operations. By Representative De Grandy- HB 1067-A bill to be entitled An act relating to administration of controlled substances; creating s. 893.051, F.S.; requiring a physician, prior to treating a child with Methylphenidate (ritalin), to provide certain information and identification data and obtain the specialized written consent of the child's parents or guardians in addition to existing law regarding informed consent; providing for review of the treatment record after a year, prior to continuation of treatment; requiring that monthly information be sent to the Department of Professional Regulation; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representative Mackey- HB 1069-A bill to be entitled An act relating to hunting and fishing; reenacting ss. 372.561(5)(b), 372.57, 372.571, and 372.661, F.S., relating to hunting and fishing licenses and stamps, fees, exemptions, expiration, and private hunting preserves; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representatives Ritchie, Lombard- HB 1071-A bill to be entitled An act relating to creditors' rights; providing definitions; providing for prejudgment remedies; providing requirements, exception, and waiver in commercial transactions; providing for required documents, forms, hearings, temporary restraining orders, entry fees, and service on defendant; providing for a hearing on prejudgment remedy applications; providing for determination by court and for service of process; allowing for a prejudgment remedy without hearing; providing for notice to defendant and subsequent hearing and order; providing for fraudulent transfers and obligations; providing for effect of waiver of notice and hearing on commercial transactions; providing for a motion to preserve existing prejudgment remedies; providing for application for prejudgment remedy filed by plaintiff; providing for an order for prejudgment remedy on set-off or counterclaim; providing for dismissal or withdrawal of prejudgment remedy; providing for modification; providing for appeal; providing when personal service is not required; providing for a motion to disclose property, an order for disclosure, and substitution of surety; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representatives Gordon, Hafner, Thomas, Arnall, Foley, Graber, Grindle, King, Bloom, Tobin, Harden, Flagg, Simone, Reddick, Abrams, Albright, Mishkin, Hill, Sansom, Saunders, Rudd, Valdes, Morse, C. Smith, Logan, Kelly, Lippman, Mortham, Hargrett, Ostrau, Healey, Young, Bainter, Dennis Jones, Brown, Starks- HB 1073-A bill to be entitled An act relating to teaching hospitals and regional poison control centers; creating s. 768.601, F.S.; providing definitions; providing limited immunity from civil liability for teaching hospitals under contract with state or local government to provide health care, and for the agents, employees, and students thereof; providing limited immunity from civil liability for regional poison control centers; providing that excessive judgments be reported to the Legislature; providing for patient notification; providing that existing public records provisions are not affected; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Figg- HB 1075-A bill to be entitled An act relating to public officers and employees; amending s. 112.3188, F.S.; providing for confidentiality of certain information given to internal auditors and inspectors general; providing an effective date. Referred to the Committee on Governmental Operations. By Representative Friedman- HB 1077-A bill to be entitled An act relating to state employment; amending s. 110.1245, F.S.; providing for meritorious service awards to the supervisors of certain employees; providing amount of awards; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representative Lewis- HB 1079-A bill to be entitled An act relating to environmental control; amending s. 403.101, F.S.; authorizing the Department of Environmental Regulation to establish qualifications for, examine, and certify operators of public water systems, wastewater treatment works, and sewerage systems; providing definitions; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Press- HB 1081-A bill to be entitled An act relating to health care; creating the Florida Patient's Bill of Rights and Responsibilities; providing definitions; providing purpose; providing rights of patients to individual dignity, receipt of information, including financial information, access to health care, notice of experimental research, and notice of the terms of the Florida Patient's Bill of Rights and Responsibilities; providing for patient's responsibilities; requiring the Department of Health and Rehabilitative Services to print and distribute copies of a summary of the Florida Patient's Bill of Rights and Responsibilities; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representative Garcia- HB 1083-A bill to be entitled An act relating to education; repealing s. 232.2462(3), F.S., relating to the maintenance of a one-half credit earned system by school districts; providing an effective date. Referred to the Committees on Public Schools and Appropriations. By Representative Graham- HB 1085-A bill to be entitled An act relating to designation of a state wildflower; creating s. 15.0345, F.S.; designating the Coreopsis as the official state wildflower; providing an effective date. Referred to the Committee on Agriculture. By Representative Goode- HB 1087-A bill to be entitled An act relating to emergency management; amending s. 252.55, F.S.; recognizing the Search and Rescue Response Force as a nonprofit, educational, and emergency-management related organization eligible to purchase materials from the various surplus warehouses of the state; providing an effective date. Referred to the Committee on Veterans & Military Affairs & Emergency Preparedness. By Representative Foley- HB 1089-A bill to be entitled An act relating to limited access transportation facilities; amending s. 316.091, F.S.; authorizing the operation of bicycles on certain limited access causeways; providing an effective date. Referred to the Committee on Transportation. 51 By Representative King- HB 1091-A bill to be entitled An act relating to the Department of Health and Rehabilitative Services; providing for a study of new applicants for, and subsequent recipients of, certain state social welfare benefits over a specified period to determine the impact of drug and alcohol abuse on such benefit programs; providing for applicability and administration pursuant to department rule; requiring drug screening of such individuals; providing that refusal to take a drug test shall result in the denial of benefits for the testing period; providing for anonymity and confidentiality; requiring reports; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Peeples- HB 1093-A bill to be entitled An act relating to motor vehicle sales warranties; amending s. 681.102, F.S.; providing definitions; amending s. 681.103, F.S.; requiring manufacturers to provide notice of certified dispute settlement procedures; amending s. 681.104, F.S.; revising certain consumer remedies if a manufacturer fails to repair a nonconformity; amending s. 681.106, F.S.; deleting a provision that provides that a consumer acts in bad faith if he files a claim which lacks a justiciable issue of law or fact; amending s. 681.108, F.S.; providing for dispute settlement procedures; creating s. 681.1085, F.S.; providing operating guidelines for certified procedures; amending s. 681.109, F.S.; revising certain provisions relating to the eligibility of disputes filed with the Florida New Motor Vehicle Arbitration Board; amending s. 681.1095, F.S.; revising the composition of the Florida New Motor Vehicle Arbitration Board; providing for the Division of Consumer Services of the Department of Agriculture and Consumer Services to determine the eligibility of certain disputes presented to the board; authorizing the board to administer oaths; revising certain provisions relating to the appeal of board decisions; amending s. 681.114, F.S.; requiring the Department of Legal Affairs to notify the Department of Highway Safety and Motor Vehicles of certain vehicles returned pursuant to ch. 681, F.S., and requiring such information to be noted on a vehicle's registration; amending s. 681.115, F.S.; providing that certain waiver agreements are void; providing for applicability to previously purchased or leased vehicles; providing an effective date. Referred to the Committees on Commerce and Appropriations. By Representative Mishkin- HB 1095-SF-A bill to be entitled A proposal relating to nursing homes. Referred to the Committees on Health Care and Appropriations. By Representatives Bainter, Mackey- HB 1097-A bill to be entitled An act relating to judgments, decrees, or settlements; amending ss. 55.03 and 627.4265 and creating s. 602.076, F.S.; revising the interest rate used with respect to certain judgments, decrees, or settlements; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representatives Langton, Crady, Chinoy, Brown, King, Wise- HB 1099-A bill to be entitled An act relating to the City of Jacksonville Beach, Duval County; amending chapter 27643, Laws of Florida, 1951, as amended, being the Employees' Retirement System of the City of Jacksonville Beach, to make changes recommended by the Board of Trustees of the retirement system and the City Council, so as to change the vesting time, increase the final average compensation for retirements after September 30,1990, to a maximum of 75 percent for the general group and 90 percent for firefighter and police officer groups, and increasing the percentage of compensation to be paid by these groups accordingly; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Employee & Management Relations. March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES 52 JOURNAL OF THE HOUSE By Representatives King, Langton, Wise, Crady, Brown, Chinoy- HB 1101-A bill to be entitled An act relating to Duval County; providing for an exemption from the provisions of the alcoholic beverage license law with respect to a license issued to the Epping Forest Yacht Club; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Regulated Industries. By Representatives Langton, Crady, Holzendorf, Brown, Chinoy, Wise, King- HB 1103-A bill to be entitled An act relating to the City of Jacksonville; extending the operation of chapter 89-439, Laws of Florida, relating to the Jacksonville Environmental Protection Board, notwithstanding its scheduled expiration on October 1, 1991; providing for the repeal of such chapter on October 1, 2001; amending chapter 89-439, Laws of Florida; providing liability of the city for reasonable attorney's fees when the imposition of a civil penalty assessed for violation of an order of the Jacksonville Environmental Protection Board, failure to comply with such an order, or violation of the City of Jacksonville Ordinance Code is reversed upon court appeal; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Natural Resources. By Representative Bronson- HB 1105-A bill to be entitled An act relating to the Water Control District of South Brevard, Brevard County; amending chapter 86-418, Laws of Florida; providing for a change of boundaries of the district; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Natural Resources. By Representative Trammell- HB 1107-A bill to be entitled An act relating to motor vehicle licenses; creating s. 320.08095, F.S.; providing for the issuance of community college license plates; providing fees; providing for distribution of fees; providing for transfers; providing for the design of the plate; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representatives Rayson, Sanderson, Stafford, Diaz-Balart- HB 1109-A bill to be entitled An act relating to law enforcement officers; creating s. 901.152, F.S.; providing circumstances under which a law enforcement officer or part-time law enforcement officer may conduct investigations, apply for and execute search warrants, make arrests, and perform other law enforcement duties outside of the geographical limits of the officer's employing municipality or political subdivision; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Hafner- HB 1111-A bill to be entitled An act relating to postsecondary education; amending s. 240.4075, F.S.; providing that funds in the Nursing Student Loan Forgiveness Trust Fund shall be available for use in the nursing scholarship loan program; creating s. 240.4076, F.S.; establishing the nursing scholarship loan program within the Department of Health and Rehabilitative Services; providing for eligibility, amount of awards, repayment of loans, and default penalties; providing for rules; providing for funding; providing an effective date. Referred to the Committees on Health Care and Appropriations. ] E OF REPRESENTATIVES March 5, 1991 By Representatives Hafner, Young- HB 1113-A bill to be entitled An act relating to health care; requiring the Social Services Estimating Conference to include planning for community-based, in-home services, as well as nursing home care; providing for the development of official information; directing the Department of Health and Rehabilitative Services to submit a budget request for purchase of an information system; requiring a consensus study of the relationship between community-based, nonentitlement programs and nursing home care, during a specified period; providing for future studies; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representatives Hafner, Huenink, King, Boyd- HB 1115-A bill to be entitled An act relating to dogracing; amending s. 550.0121, F.S.; increasing the number of performances authorized to be conducted by certain permitholders; providing for seasons for certain additional greyhound permittees; eliminating reference to certain jai alai permittees; providing an effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representatives Hafner, Young- HB 1117-A bill to be entitled An act relating to consumer transaction fraud; creating s. 501.2077, F.S.; providing enhanced civil penalties with respect to consumer transaction fraud which defrauds a senior citizen or handicapped person; providing definitions; providing for priority of restitution orders; providing for deposit and disbursement of enhanced civil penalties; amending s. 501.2075, F.S., relating to civil penalties, to conform; providing an effective date. Referred to the Committees on Commerce and Appropriations. By Representatives Daryl Jones, Sindler- HB 1119-A bill to be entitled An act relating to the animal industry; amending s. 585.002, F.S.; clarifying language with respect to fees assessed by the Department of Agriculture and Consumer Services; amending s. 585.003, F.S.; providing additional powers of the department when entering private premises; amending s. 585.01, F.S.; providing definitions; amending s. 585.145, F.S.; clarifying authority with respect to importation, intrastate movement, and transfer of ownership of animals; providing a penalty for certain offenses; creating s. 585.68, F.S.; providing authority to enter, inspect, and test premises and animals where animals are suspected of harboring biological or chemical residues; authorizing the restriction of premises and animal movement when harmful biological or chemical residues are suspected; authorizing destruction of certain animals; amending s. 585.70, F.S.; defining the term "pet food"; amending s. 585.85, F.S.; prohibiting the sale and transportation of specified pet food for human consumption; providing labeling requirements; providing penalties; providing an effective date. Referred to the Committees on Agriculture, Finance & Taxation and Appropriations. By Representative Daryl Jones- HB 1121-A bill to be entitled An act relating to migrant farmworker children and families; providing legislative findings and intent; amending s. 411.202, F.S; including migrant children in the definition of the terms, "high-risk child" or "at-risk child"; providing for a demonstration project of health care outreach; providing for reports; providing effective dates. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representatives Martinez, Bloom, Garcia, Rojas- HB 1123-A bill to be entitled An act relating to thoroughbred racing; amending s. 550.011, F.S.; providing for a summer season for certain thoroughbred facilities; providing criteria for the allocation of racing dates; prohibiting racing in both the summer and winter season; providing an effective date. JOURNAL OF THE HOUSI Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representative Thomas- HB 1125-A bill to be entitled An act relating to governmental reorganization; amending ss. 20.04, 20.19, F.S.; reorganizing the Department of Health and Rehabilitative Services into three departments; renaming the department, as reorganized, the Department of Social and Rehabilitative Services; providing that the head of the department is the Secretary of Social and Rehabilitative Services, to be appointed by the Governor subject to Senate confirmation; creating a Department of Health and transferring all programs, activities, and functions of the Department of Health and Rehabilitative Services pertaining to registration of vital statistics, alcohol abuse, drug abuse, and mental health and public health matters, including environmental health matters, to the new department; providing that the head of the Department of Health is the State Health Officer, to be appointed by the Governor subject to Senate confirmation; creating a Department of Juvenile Justice and transferring all programs, activities, and functions of the Department of Health and Rehabilitative Services pertaining to delinquent children to the new department; providing that the head of the Department of Juvenile Justice is the Secretary of Juvenile Justice, to be appointed by the Governor subject to Senate confirmation; providing for transfer of related statutory powers, duties, records, personnel, property, and unexpended balances of appropriations, allocations, or other funds of the former department to the new departments; providing for the continued effectiveness of administrative rules of the Department of Health and Rehabilitative Services until changed by the respective successor department; providing for the transfer of pending judicial proceedings and administrative proceedings to the respective successor departments; establishing a work group to prepare a plan for the reorganization and transfers made by the act and to submit the plan and recommended legislation for statutory modifications to the Governor, Senate President, and Speaker of the House of Representatives by a specified date; providing an effective date contingent on the approval of a constitutional amendment. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representatives Ritchie, Tobiassen, Banjanin- HB 1127-A bill to be entitled An act relating to the City of Pensacola, Escambia County; amending chapter 69-1469, Laws of Florida, as amended; revising the authorized investments by the trustees of the pension funds of the city; allowing the trustees of the pension funds of the city, separately or in any combination thereof, together with the city to contract with investment banks; providing for the repeal of conflicting laws; providing an effective date. Referred to the Committees on Community Affairs and Employee & Management Relations. By Representatives Kelly, Mitchell, Brown, Flagg, Reddick, Tobin, Young, Albright, Lawson, De Grandy, Chestnut, Rudd, King, Hawkins, Burke, Morse, Mortham, Mackey, Valdes, Jamerson, C. Smith, Gutman, Clemons, Stone, Ireland, Crady, Daryl Jones, Goode, Reaves, Cosgrove, Guber, Hafner, Clark- HB 1129-A bill to be entitled An act relating to funds for public education; amending s. 24.121, F.S.; providing for a transfer of funds from the Administrative Trust Fund to the Library Services Trust Fund; providing an effective date. Referred to the Committees on Regulated Services & Technology and Appropriations. By Representatives Ritchie, Tobiassen- HB 1131-A bill to be entitled An act relating to Escambia County; amending s. 7.1, ch. 83-405, Laws of Florida; providing that the Escambia County Civil Service System is applicable to employees of the Escambia County Utilities Authority; relettering paragraphs; amending s. 7.2, ch. 83- 405, Laws of Florida; revising a cross-reference to conform; amending s. 9, March 5, 1991 E OF REPRESENTATIVES 53 ch. 81-376, Laws of Florida, as amended; providing that employees of the authority are subject to the civil service system; providing that current employees of the authority shall not be affected as a result; providing for an interlocal agreement under which the authority will pay its proportionate share of civil service system costs; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Employee & Management Relations. By Representative Harris- HB 1133-A bill to be entitled An act relating to the Immokalee Fire Control District, Collier County; amending section 1 of chapter 30666, Laws of Florida, 1955, as amended; expanding the boundaries of the district; providing for a referendum. Referred to the Committee on Community Affairs. By Representative Kelly- HB 1135-A bill to be entitled An act relating to insurance; amending s. 626.561, F.S.; providing that moneys received in insurance transactions are held in trust; providing for deposit and accounting thereof; prohibiting diversion or misappropriation; providing penalties; providing that such funds are not subject to the debts of the person maintaining them in trust; amending s. 626.902, F.S.; specifying penalties for aiding an unauthorized insurer; amending s. 626.9541, F.S.; specifying penalties for failing to turn over or account for moneys belonging to an insurer; amending s. 626.989, F.S.; providing that certain persons who have access to papers of the Division of Insurance Fraud of the Department of Insurance are not subject to subpoena; removing the prohibition against investigators employed by the division being eligible for membership in the Special Risk Class of the Florida Retirement System; creating the Insurance Fraud Forfeiture Trust Fund and providing for deposit of moneys therein; amending s. 817.234, F.S.; expanding the prohibition against false and fraudulent insurance claims; providing penalties; amending s. 843.08, F.S.; expanding the prohibition on falsely personating a law enforcement officer to include investigators employed by the division; providing penalties; amending s. 895.02, F.S.; including specified offenses relating to transacting insurance without authorization within the term "racketeering activity" for purposes of the Florida RICO (Racketeer Influenced and Corrupt Organizations) Act; reenacting ss. 27.34(1), 624.126(2), 626.321(1)(h), 626.934(1), 626.9571(1), 626.9581, 626.9611, 655.50(3)(g), and 896.101(1)(g), F.S., relating to state attorneys, mutual aid societies, limited insurance agent's licenses, surplus lines agents, administrative hearings, final orders, rules, money laundering, and proceeds of unlawful activities, to incorporate amendments to various provisions in references thereto; providing an effective date. Referred to the Committees on Insurance, Finance & Taxation and Appropriations. By Representative Stone- HB 1137-A bill to be entitled An act relating to the Florida Seed Capital Fund; amending s. 159.445, F.S.; authorizing the Florida Seed Capital Fund to invest in limited partnerships and similar consortia meeting certain criteria; increasing the limitation on certain investments; deleting a restriction on making investments; deleting the definition of "small business"; placing the board within the Governor's office; providing for the election of a secretary-treasurer of the board; revising powers and duties of the board; authorizing the board to establish a direct-support organization known as the Florida Enterprise Development Corporation; providing purpose of the organization; requiring a contract between the board and the direct-support organization and specifying contract requirements; requiring the organization to provide an annual financial and compliance audit; providing an exemption from public records requirements; providing for future review and repeal; providing criteria for investments by the board in limited partnerships and similar criteria; providing an effective date. 54 JOURNAL OF THE HOUSE Referred to the Committees on Commerce, Finance & Taxation and Appropriations. By Representative Bronson- HB 1139-A bill to be entitled An act relating to highway safety; amending ss. 316.192 and 316.193, F.S.; providing for cancellation of the driving privilege of a person referred to substance abuse treatment for driving under the influence who fails to report for or complete such treatment; providing an effective date. Referred to the Committee on Criminal Justice. By Representatives Viscusi, Sansom- HB 1141-A bill to be entitled An act relating to criminal offenses; creating s. 775.0839, F.S.; imposing additional assessments upon persons sentenced to a term of incarceration or placed on probation; creating the Victims' Recovery Fund in each judicial circuit under the management of the chief judge; providing for awards from the fund; providing for contracts with vendors for the purpose of collecting moneys for the funds; providing an effective date. Referred to the Committees on Criminal Justice, Finance & Taxation and Appropriations. By Representative Logan- HB 1143-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending ss. 212.02, 212.03, 212.031, 212.04, 212.05, 212.0506, 212.052, 212.054, 212.0598, 212.06, 212.0601, 212.07, 212.08, 212.0821, 212.09, 212.12, and 212.21, F.S.; repealing all exemptions from and credits against said tax over a specified period; creating ss. 212.056, 212.0561, 212.0562, 212.0563, and 212.0564, F.S.; providing for levy of said tax on the sale and use of services over a specified period; providing for collecting and remitting thereof; requiring multistate purchasers that self- accrue the tax to file an annual supplementary tax return; providing for apportionment of the tax on interstate and international transportation services; requiring applicants for certain licenses or permits to attest that applicable use taxes have been paid; providing rules of construction with respect to said tax; providing for administration of the exemption for services sold in this state for use outside this state; providing for exempt purchase permits and affidavits; requiring dealers to maintain monthly logs; providing a penalty; providing for refunds; providing special provisions applicable to the tax on construction services; prohibiting issuance of certificate of occupancy under certain circumstances; exempting certain improvements to real property from the tax; providing penalties; providing definitions applicable to the tax on services; specifying conditions under which sale of a service is considered a sale for resale; specifying those activities included within the meaning of "services"; including the tax on services in provisions relating to discretionary sales surtaxes, special provisions relating to air carriers, dealers and collection of tax, penalties for violation, enforcement, and intent regarding exemptions; amending s. 212.11, F.S.; authorizing quarterly returns for dealers registered as service providers under certain circumstances; amending s. 212.183, F.S.; authorizing the Department of Revenue to provide by rule for self-accrual of tax for purchasers of services; amending ss. 212.61, 125.0104, 203.01, 465.187, and 501.022, F.S.; conforming and correcting references; providing effective dates. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Hoffmann- HB 1145-A bill to be entitled An act relating to ad valorem tax exemptions; amending ss. 196.011 and 196.101, F.S.; providing that annual application shall not be required for the exemptions for property used as a homestead by disabled persons; providing an effective date. Referred to the Committee on Finance & Taxation. By Representative Graber- !] HB 1147-A bill to be entitled An act relating to physician oral HB 1159-A bill to be entitled An act relating to access to health care; prescriptions; amending s. 458.331 and s. 459.015, F.S., granting boards providing legislative findings and intent; providing definitions; creating E OF REPRESENTATIVES March 5, 1991 authority to discipline physicians for failure to follow procedures with respect to oral prescriptions; amending s. 893.04, F.S.; deleting provisions relating to oral prescriptions; creating s. 893.045, F.S.; providing procedures for calling in oral prescriptions for schedule III, IV, or V drugs; conforming provisions to comply with written prescription procedures; prohibiting physicians from calling in schedule III, IV, or V drugs in excess of a 30-day supply; providing exceptions; providing an effective date. Referred to the Committee on Regulatory Reform. By Representative Wallace- HB 1149-A bill to be entitled An act relating to public nuisances; amending s. 893.138, F.S.; providing for local administrative action to abate public nuisances at which prostitution-related activities occur; authorizing certain administrative procedures for enforcement of orders abating drug- related or prostitution-related public nuisances or youth and street gang activity; providing for temporary injunctive relief against such nuisances; providing an effective date. Referred to the Committee on Criminal Justice. By Representative Thomas- HJR 1151-A joint resolution proposing the addition of Sections 13 and 14 to Article IV of the State Constitution, relating to the executive branch of government. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Liberti- HB 1153-A bill to be entitled An act relating to recreational trails; amending s. 253.023, F.S.; authorizing the Board of Trustees of the Internal Improvement Trust Fund to acquire certain land for use as recreational trails; amending s. 259.101, F.S.; providing that the Department of Natural Resources shall distribute funds under the Florida Preservation 2000 Act for the Florida Rails to Trails Program to assist in the acquisition of the Florida National Scenic Trail; amending s. 260.012, providing legislative intent with respect to the Florida National Scenic Trail; amending s. 260.013, F.S.; defining the term "canoe"; amending s. 260.016, F.S.; providing additional powers of the Division of Recreation and Parks; amending s. 260.018, F.S.; revising language with respect to agency recognition; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Young- HB 1155-A bill to be entitled An act relating to faculty of the State University System; amending s. 240.243, F.S.; requiring certain faculty members to teach a minimum number of classroom contact hours, or contact-hour equivalents, per week during certain semesters; providing for exemption from this requirement; requiring the Board of Regents to develop data to demonstrate compliance with this requirement; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. By Representative Clemons- HB 1157-A bill to be entitled An act relating to elections; amending s. 99.012, F.S.; providing restrictions on persons qualifying for public office; providing exceptions; providing definitions; providing for removal of a person's name from the ballot for his failure to comply with the restrictions under certain circumstances; amending s. 99.061, F.S.; requiring all candidates to file financial disclosure at the time of qualifying; amending s. 163.566, F.S., to correct a cross reference; providing an effective date. Referred to the Committee on Ethics & Elections. By Representative Graber- the FloridaCare Plan to provide for health insurance coverage for all employed state residents and their dependents; establishing the FloridaCare Commission; providing for appointment of members, adoption of rules, and appointment of an executive director; providing commission responsibilities for establishing, monitoring, and evaluating operation of the Plan; creating the FloridaCare Trust Fund and specifying uses; providing eligibility for benefits; specifying covered health services; providing for deductibles, copayments, and responsibility of patients; specifying limitations and exclusions; providing responsibility of health care providers; providing responsibility of employers regarding health care coverage and payment of premiums; providing for reimbursement to institutional and noninstitutional providers; providing an effective date. Referred to the Committees on Health Care, Finance & Taxation and Appropriations. By Representatives Abrams, C. F. Jones, Bloom, Lippman, Dennis Jones, Gordon, Flagg, Graber, Grindle, Davis, Frankel, Press- HB 1161-A bill to be entitled An act relating to the Florida Health Care Commission; revising and transferring various sections of statutes to place health care planning, regulation, and policy development under the commission; amending s. 20.19, F.S.; eliminating the Assistant Secretary for Regulation and Health Facilities of the Department of Health and Rehabilitative Services; transferring functions and duties to the commission; amending s. 20.30, F.S.; transferring the Division of Medical Quality Assurance, and specified boards established within the division or the Department of Professional Regulation, from the department to the commission; amending s. 381.0612, F.S.; providing duties of the commission regarding the State Center for Health Statistics; transferring the center from the department to the commission; amending s. 381.609, F.S.; providing commission duties regarding a prohibition against HIV testing; transferring ss. 381.701-381.7155, F.S., to pt. II of ch. 408, F.S.; transferring provisions relating to certificates of need and state health planning from the Department of Health and Rehabilitative Services to the commission; amending s. 381.709, F.S.; revising the certificate-of-need review process; amending s. 381.7155, F.S.; providing for enforcement of rules; providing a saving clause for certificates of need currently in effect; amending ss. 394.455, 396.032, and 397.021, F.S.; including persons licensed by the commission within the definition of "mental health personnel"; amending s. 395.017, F.S.; providing for disclosure of patient records to the commission; amending s. 395.034, F.S.; providing commission responsibilities relating to reimbursement of state trauma centers; amending s. 395.041, F.S.; providing commission duties relating to internal risk management programs; amending ss. 400.304 and 400.307, F.S., relating to operation of the state and district long-term care facility ombudsman councils; amending ss. 400.401 and 400.408, F.S.; providing commission responsibilities relating to adult congregate living facilities; amending s. 400.623, F.S., relating to recruitment of adult foster homes; amending ss. 401.24 and 401.245, F.S.; providing commission responsibility for the emergency medical services state plan and advisory council; transferring the Office of Emergency Medical Services from the Department of Health and Rehabilitative Services to the commission; creating pt. I of ch. 408, F.S.; creating the Health Care Commission; providing for a comprehensive health plan; providing goals for health care cost containment, access, quality, and planning; providing for location within, but independence from, the Department of Administration; providing for appointment of commissioners; requiring an administrative plan; providing for commission proceedings; providing for a chairman, an executive director, a general counsel, and staff; establishing organizational structure; providing for administrative divisions and bureaus and for professional regulatory boards; specifying qualifications, standards for conduct and ex parte communications, and an oath of office for commissioners; providing for commission expenditures, personnel, recordkeeping, and fees for copies of records; restricting certain representation by former commissioners; providing duties of the Public Counsel; creating a trust fund and providing for the use of moneys therein; providing for inquiries and providing an exemption from public records law; providing for review and repeal; providing penalties; providing for rules; authorizing contracts; providing for judicial review; repealing ss. 407.01 and 407.04(4), F.S., relating to creation and budget requests of the 55 Health Care Cost Containment Board; transferring the remainder of ch. 407, F.S., to pt. III of ch. 408, F.S.; transferring powers, duties, and operations of the board to the commission; amending s. 407.12, F.S.; conforming provisions relating to quality assurance monitoring; amending ss. 455.203, 455.205, 455.207, 455.208, 455.211, 455.215, 455.218, 455.225, 455.227,455.228,455.229,455.232,455.241, and 455.2416, F.S., and creating ss. 455.214, 455.2173, and 455.220, F.S.; providing powers and duties of the commission relating to rules, general licensing provisions, examinations, fees, disciplinary proceedings, penalties, unlicensed practice, public records, confidential information, and immunity from liability, with respect to the regulation of professionals under the jurisdiction of the commission; providing an exemption from public records law; providing for review and repeal; repealing s. 455.213(5), F.S., relating to continuing education for medical professionals under the Department of Professional Regulation; amending s. 624.215, F.S.; requiring reports to the commission of legislative proposals mandating health insurance coverage; directing that changes in terminology in the Florida Statutes be made, relating to the commission's jurisdiction over nursing homes, adult congregate living facilities, home health agencies, adult day care centers, hospitals, and adult foster homes, in ch. 400, F.S.; emergency medical services and medical transportation services in pts. II and III of ch. 401, F.S., respectively; acupuncture, medical practice, osteopathy, chiropractic, podiatry, naturopathy, optometry, nursing, pharmacy, dentistry, midwifery, and physical therapy, in chs. 457, 458, 459,460, 461,462, 463, 464, 465, 466, 467, and 486, F.S., respectively; nursing home administration, occupational therapy, radiologic technology, respiratory therapy, and dietetics and nutrition, in pts. II, III, IV, V, and X of ch. 468, F.S., respectively; and opticianry in pt. I of ch. 484, F.S.; and in specified sections of the Florida Statutes, to conform to the act; directing that a reviser's bill be prepared to correct cross references and other inconsistencies; providing for Sunset review and repeal of pt. I of ch. 408, F.S., relating to creation of the Health Care Commission; providing for Sunset review and repeal of pt. II of ch. 408, F.S., relating to certificates of need; rescheduling review and repeal of provisions affected by the act; providing effective dates. Referred to the Committees on Health Care and Appropriations. By Representative Pruitt- HB 1163-A bill to be entitled An act relating to immunity from civil liability; creating the Florida Volunteer Immunity Act; providing a short title; providing legislative findings and intent; providing definitions; providing specified immunity to volunteers; providing applicability; providing an effective date. Referred to the Committee on Judiciary. By Representative Pruitt- HB 1165-A bill to be entitled An act relating to prison industries; amending s. 946.006, F.S.; authorizing the Department of Corrections to contract with private industries to provide in-prison inmate work programs; requiring the department to present to the Legislature a plan for implementation; providing an effective date. Referred to the Committees on Corrections and Appropriations. By the Committee on Regulated Industries and Representative Ostrau- HB 1167-A bill to be entitled An act relating to cigarette permitting; reenacting and amending ss. 210.15, 210.16, and 210.161, F.S., which provide procedures and requirements for issuance of cigarette distributing agent, wholesale dealer, and exporter permits; including distributing agents within provisions relating to qualifications for issuance of permits and refusal of permits; requiring distributing agents to file a set of fingerprints prior to permit approval; revising language relating to the power of the Division of Alcoholic Beverages and Tobacco to revoke wholesale dealers' permits; providing a retroactive effective date. Referred to the Committee on Appropriations. By Representative Frankel- HB 1169-A bill to be entitled An act relating to health care; amending s. 395.101, F.S.; imposing an assessment on hospital annual net operating March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES revenues inversely proportionate to charity care participation; amending ss. 458.319 and 459.008, F.S.; imposing a license renewal assessment on physicians and osteopathic physicians for indigent care and Medicaid expansion, and reenacting ss. 458.321 and 459.009, F.S., relating to inactive status licenses, to incorporate said amendment in references thereto; providing disproportionate share programs for hospitals, regional perinatal intensive care centers, and teaching hospitals for purposes of indigent and obstetrical care; providing for establishment and incorporation of local prenatal and infant health care coalitions and providing for membership, duties, and services; providing for cooperation and assistance from the Department of Health and Rehabilitative Services, and for contribution match percentages; amending s. 409.266, F.S.; revising Medicaid eligibility provisions and Medicaid reimbursement rates; amending s. 409.2662, F.S.; expanding the purposes for moneys in the Public Medical Assistance Trust Fund, and reenacting s. 409.701, F.S., relating to the Florida Health Access Corporation, to incorporate said amendment in a reference thereto; amending s. 407.51, F.S.; deleting a cross reference; amending s. 427.012, F.S.; providing for maternal and child health care representation on the Transportation Disadvantaged Commission; repealing ss. 409.2663, 409.2665(19), and 409.2671, F.S., relating to Public Medical Assistance Trust Fund redistribution, health insurance third-party benefit checks, and local agency contributions to medical assistance; providing an effective date. Referred to the Committees on Health Care, Finance & Taxation and Appropriations. By Representative Simon- HB 1171-A bill to be entitled An act relating to negligence; amending s. 768.73, F.S.; limiting awards for punitive damage against an employer, principal, or master for the acts of an employee, agent, or servant; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Simon- HB 1173-A bill to be entitled An act relating to civil actions; amending s. 741.24, F.S.; providing that entities damaged by the criminal mischief of a minor may recover from the minor's parents; providing that a person damaged by a minor's criminal mischief or willful destruction or theft of property may discover the name and address of the minor and the minor's parents; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Simon- HB 1175-A bill to be entitled An act relating to capital felonies; amending s. 775.082, F.S.; providing that persons convicted of specified capital felonies and sentenced to life imprisonment are ineligible for parole; amending s. 790.161, F.S.; prescribing penalties for persons convicted of a capital felony involving death as a result of making, possessing, throwing, placing, projecting, discharging, or attempting to discharge a destructive device; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Simon- HB 1177-A bill to be entitled An act relating to the correctional system; amending s. 944.275, F.S.; limiting the amount of time an inmate's term of imprisonment may be reduced by awards of gain-time or provisional release credits; providing an effective date. Referred to the Committees on Corrections and Appropriations. By Representative McEwan- HB 1179-A bill to be entitled An act relating to handicapped persons; amending s. 413.08, F.S.; providing that trainers of service dogs shall have the same rights and privileges with respect to access to public facilities and the same liability for damages as is provided for deaf or blind persons accompanied by dog guides or service dogs; providing a definition; providing an effective date. Filed By Representative Feeney- HB 1181-A bill to be entitled An act relating to campaign finance; amending s. 106.08, F.S.; lowering maximum contributions to candidates for office; applying such limits to state or county executive committees of political parties; reenacting ss. 106.04(5), 106.075(2), 106.19(1), 106.29(4), F.S., relating to committees of continuous existence, contributions to pay loans, penalties for violations, and reports by political parties, to incorporate the amendment to s. 106.08, F.S., in references thereto; providing an effective date. Referred to the Committee on Ethics & Elections. By Representatives Viscusi, Laurent- HB 1183-A bill to be entitled An act relating to building designations; designating the administration building at the citrus research and education center of the Institute of Food and Agricultural Science located at Lake Alfred the "Curtis Peterson Building"; providing an effective date. Referred to the Committee on Postsecondary Education. By Representative Friedman- HB 1185-A bill to be entitled An act relating to education; amending s. 230.645, F.S., relating to postsecondary student fees; providing that in- kind contributions may be accepted as payment of fees; deleting a restriction relating to acceptance as a contribution; amending s. 236.081, F.S.; conforming provisions; providing an effective date. Referred to the Committees on Vocational/Technical Education and Appropriations. By Representative Starks- HB 1187-A bill to be entitled An act relating to municipalities; authorizing the governing body of a municipality to adopt an official municipal seal and prohibit its use without the express approval of the governing body; authorizing the governing body to impose a penalty for any violation of such prohibition; providing an effective date. Referred to the Committee on Community Affairs. By Representative De Grandy- HB 1189-A bill to be entitled An act relating to judgments; creating s. 55.032, F.S.; requiring the court to include prejudgment interest in judgments in actions for personal injury or wrongful death; providing applicability to pending cases; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Muscarella- HB 1191-A bill to be entitled An act relating to insurance; amending s. 651.011, F.S.; providing definitions; amending s. 651.015, F.S.; specifying duties of the Department of Insurance relating to continuing care contracts; creating s. 651.018, F.S.; authorizing the department to place a continuing care facility in administrative supervision; creating s. 651.019, F.S.; requiring approval of new financing, additional financing, or refinancing; creating s. 651.0215, F.S.; requiring approval of expansions; amending s. 651.022, F.S.; providing for issuance of provisional certificates of authority; amending s. 651.023, F.S.; providing for issuance and renewal of certificates of authority; amending s. 651.026, F.S.; requiring filing of financial statements; creating s. 651.028, F.S.; providing circumstances for waiver of various requirements with respect to accredited facilities; amending s. 651.033, F.S.; providing standards and requirements for escrow accounts; creating s. 651.034, F.S.; requiring reserves; amending s. 651.035, F.S.; revising calculation of minimum liquid reserve; creating s. 651.036, F.S.; requiring payment of guaranty fund assessments and providing for accounting therefore; amending s. 651.041, F.S.; requiring reserves to meet specified diversification requirements; amending s. 651.055, F.S.; specifying content of continuing care contracts; amending s. 651.061, F.S.; restricting cancellation, dismissal, or discharge of residents; creating s. 651.083, F.S.; specifying rights of residents; amending s. 651.085, 56 March 5, 1991 JOURNAL OF THE HOUSI F.S.; providing for regular meetings between residents and management and for delivery of reports; amending s. 651.091, F.S.; providing for availability, distribution, posting, and disclosure of specified reports and records; amending s. 651.106, F.S.; providing grounds for discretionary refusal, suspension, or revocation of a certificate of authority; amending s. 651.114, F.S.; providing for delinquency proceedings; creating s. 651.1151, F.S.; providing circumstances for cancellation of administrative, vendor, and management contracts; amending s. 651.117, F.S.; specifying duties of the Department of Health and Rehabilitative Services; requiring notice of petitions for bankruptcy, receivership, or liquidation; amending s. 651.118, F.S.; providing for certificates of need; providing for sheltered and community nursing home beds; amending s. 651.121, F.S.; providing membership and duties of the Continuing Care Advisory Council; requiring providers to furnish certain information to the advisory council; amending s. 651.132, F.S.; specifying applicability of the act; creating s. 651.135, F.S.; exempting certain providers from specified requirements; designating existing ch. 651, F.S., as part I of said chapter and creating a new part II, consisting of ss. 651.201-651.219, F.S.; creating the Continuing Care Guaranty Fund Act; providing purpose; providing for construction of the act; specifying applicability; providing definitions; creating the Continuing Care Guaranty Fund; providing membership, powers, and duties of the board of directors; specifying eligibility for coverage under the fund; specifying powers and duties of the fund; providing for collection of assessments from providers; requiring the board to submit a plan of operations to the department for approval; specifying powers and duties of the department; providing for maintenance of records; providing for examination and regulation by the department; providing for reports; exempting the fund from taxes and fees; providing immunity from civil liability; specifying extent of liability of insolvent and rehabilitated providers to the fund; providing for offset of assessments against corporate income tax liability and other liabilities; reenacting ss. 400.424(6) and 628.4615(1)(m), F.S., relating to nursing home contracts and allied lines insurers, to incorporate amendments to various sections of Florida Statutes in references thereto; repealing ss. 651.021(2), 651.0235, and 651.071, F.S., relating to expansion of facilities, renewal of certificates of authority and provisional certificates, and priority of claims in the event of liquidation; providing for review and repeal; providing an effective date. Referred to the Committees on Insurance, Finance & Taxation and Appropriations. By Representative Holzendorf- HB 1193-A bill to be entitled An act relating to drug offenses; providing a criminal penalty for fortifying or booby-trapping property that is used in illegal drug activity; providing a criminal penalty for drug offenses which are committed with knowledge that the property where such offenses are committed is fortified or booby-trapped; providing an enhanced penalty if such violations result in death; defining the terms "booby-trap" and "fortify"; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Holzendorf- HB 1195-A bill to be entitled An act relating to drug-abuse penalties; assessing a fee against persons found guilty of drug-related offenses under ch. 893, F.S.; providing for deposit of the fee into the Substance Abuse Trust Fund which is administered by the Department of Law Enforcement; providing an effective date. Referred to the Committees on Criminal Justice, Finance & Taxation and Appropriations. HB 1197-Withdrawn By Representative Holzendorf- HB 1199-A bill to be entitled An act relating to substance abuse prevention and rehabilitation; amending s. 20.201, F.S.; creating the Division of Licensure, Investigations, and Internal Affairs and the Division of Substance Abuse within the Department of Law Enforcement; providing powers and duties of the new divisions; providing for the appointment of county substance abuse advisory boards; creating the State Substance March 5, 1991 SOF REPRESENTATIVES 57 Abuse Advisory Board; providing for membership; providing duties of the board; providing for travel expenses; amending s. 20.19, F.S.; redesignating the Alcohol, Drug Abuse, and Mental Health Program Office within the Department of Health and Rehabilitative Services as the "Mental Health Program Office"; redesignating the Alcohol, Drug Abuse, and Mental Health Program Office Advisory Council within the department as the "Mental Health Program Office Advisory Council"; deleting obsolete provisions relating to advisory councils to program offices; deleting district-level programs within the department relating to alcohol and drug abuse; transferring, renumbering, and amending s. 25.387, F.S.; providing for the DUI Programs Coordination Trust Fund to be administered by the Department of Law Enforcement rather than by the Supreme Court; amending ss. 39.01, 39.021, 39.047, 39.055, 39.057, 39.058, F.S.; providing for the Department of Health and Rehabilitative Services and the Department of Law Enforcement to cooperate in providing substance abuse treatment services to certain juvenile offenders; amending s. 233.067, F.S.; requiring the Department of Education to cooperate with the Department of Law Enforcement in a substance abuse prevention program in the schools; amending ss. 322.055, 322.095, F.S.; requiring the Department of Law Enforcement to regulate and certify certain substance abuse education courses required prior to receiving a driver's license; amending s. 394.4674, F.S., relating to the comprehensive plan for the deinstitutionalization of certain mental health hospital patients to conform to the reorganization made by this act; repealing s. 394.65, F.S., and amending ss. 394.66, 394.67, 394.675, 394.715, 394.73, 394.74, 394.75, 394.76, 394.77, 394.78, 394.79, F.S.; deleting powers and duties of the Department of Health and Rehabilitative Services pertaining to alcohol and drug abuse treatment and services; deleting the short title to the Community Alcohol, Drug Abuse, and Mental Health Services Act, made obsolete by this act; revising legislative intent; revising definitions; redesignating the district alcohol, drug abuse, and mental health planning councils as the "district mental health planning councils"; revising district planning requirements; deleting the appropriations categories for alcohol and drug abuse; amending ss. 396.032, 396.042, 396.0425, 396.052, 396.062, 396.082, 39602,2, 396.112, 396.122, 396.125, 396.1515, F.S.; transferring the powers and duties of the Department of Health and Rehabilitative Services under ch. 396, F.S., pertaining to the treatment of alcoholism, to the Department of Law Enforcement; requiring county substance abuse advisory boards rather than boards of county commissioners to allocate certain funds used for alcohol treatment programs; updating terminology; amending ss. 397.011, 397.021, 397.031, 397.0517, 397.053, 397.054, 397.0715, 397.081, 397.091, 397.0961, 397.098, 397.099, 397.10, 397.12, 397.18, F.S.; transferring the powers and duties of the Department of Health and Rehabilitative Services under ch. 397, F.S., pertaining to the treatment and rehabilitation of drug dependents, to the Department of Law Enforcement; updating terminology; deleting obsolete provisions; amending ss. 409.029, 415.501, F.S., relating to the Florida Employment Opportunity Act and the state plan for prevention of abuse and neglect of children, to conform to the reorganization made by this act; amending s. 561.501, F.S.; providing for the Department of Law Enforcement to administer the Children and Adolescents Substance Abuse Trust Fund; amending ss. 775.16, 877.111, 893.11, 893.15, 893.16, F.S., relating to penalties for drug offenses; inhaling, ingesting, possessing, selling, purchasing, or transferring harmful chemical substances; suspension, revocation, and reinstatement of business and professional licenses; mandatory drug rehabilitation; and assessment for drug abuse programs, to conform those sections to the reorganization made by this act; amending s. 893.165, F.S.; providing for county substance abuse advisory boards to administer the county drug abuse trust funds; amending s. 895.09, F.S.; providing for the Department of Law Enforcement to administer the Drug Abuse Trust Fund; amending s. 939.017, F.S., relating to misdemeanor convictions involving drug or alcohol, to conform that section to the reorganization made by this act; amending ss. 953.003, 953.004, 953.007, 953.008, 953.11,953.15,953.16, 953.25, 953.26, 953.35, F.S.; transferring the powers and duties of the Department of Corrections under ch. 953, F.S., the Florida Drug Punishment Act of 1990, to the Department of Law Enforcement; providing duties of the Department of Corrections pertaining to the supervision of drug offenders; deleting erroneous references; repealing ss. 396.1815, 396.1816, 396.1817, 396.1818, 396.1819, 397.21, 397.215, 397.216, 397.217, 397.218, F.S., relating to the Statewide 58 Coordinator for Substance Abuse Prevention and Treatment; providing for certain rules of the Department of Health and Rehabilitative Services and the Department of Corrections to continue in effect until changed by the Department of Law Enforcement; providing for the Department of Law Enforcement to be substituted for the Department of Health and Rehabilitative Services and the Department of Corrections in certain judicial and administrative proceedings; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Mims- HB 1201-A bill to be entitled An act relating to the Department of General Services; requiring the department to set aside parking spaces in the parking garage of the Curtis Peterson Building in the City of Lakeland; providing requirements; providing an effective date. Referred to the Committee on Governmental Operations. By Representative Abrams- HB 1203-A bill to be entitled An act relating to municipal water and sewer utilities; amending s. 180.191, F.S.; expanding the exemption of municipal water and sewer utilities operating outside municipal boundaries from county regulation; providing an effective date. Referred to the Committees on Regulated Services & Technology and Appropriations. By Representative Young- HB 1205-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.055, F.S.; providing for compulsory participation in the Senior Management Service Class for a specified number of state attorneys and public defenders; providing for payment of specified insurance coverage; providing an effective date. March 5, 1991 By Representative Abrams- HB 1215-A bill to be entitled An act relating to health care cost containment; amending s. 381.706, F.S.; removing an exemption from review requirements; conforming language to the repeal of s. 381.713(1), F.S.; amending s. 407.002, F.S.; providing definitions; amending s. 407.05, F.S.; requiring hospitals to file budgets with the Health Care Cost Containment Board; amending s. 407.09, F.S.; authorizing the board to collect fees and specifying disposition thereof; amending s. 407.31, F.S.; requiring nursing homes to submit certain data; amending s. 407.32, F.S.; revising the reporting date for the annual board report on nursing home financial data; amending s. 407.70, F.S., providing for publication of data on physician charges; requiring health insurers to submit certain information; repealing s. 381.713(1), F.S., relating to exemptions from certificate of need requirements for health maintenance organizations; providing an effective date. Referred to the Committees on Health Care, Finance & Taxation and Appropriations. By Representative Mitchell- HB 1217-A bill to be entitled An act relating to death benefits for law enforcement officers; amending s. 112.19, F.S.; redefining the term "law enforcement officer" for the purpose of law governing death benefits to include certain judges; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative Holland- HB 1219-A bill to be entitled An act relating to the cigarette law; providing for temporary initial permits; providing for fees; providing for renewals of expired permits; providing fees for such renewal; providing an effective date. Referred to the Committees on Employee & Management Relations and Referred to the Committees on Regulated Industries, Finance & Appropriations. Taxation and Appropriations. By Representatives Davis, Rayson- HB 1207-A bill to be entitled An act relating to the Whistle-blower's Act of 1986; amending s. 112.3187, F.S.; providing a definition; revising conditions under which the act does not apply; providing additional information that may be disclosed under the act without adverse action; revising conditions under which disclosure of information is protected; providing an effective date. Referred to the Committee on Employee & Management Relations. By Representative Rudd- HB 1209-A bill to be entitled An act relating to insurance; amending s. 112.0801, F.S.; providing an open enrollment in the group state health insurance program for retired members of the Florida Retirement System; providing an effective date. Referred to the Committees on Employee & Management Relations and Appropriations. By Representative Reddick- HB 1211-A bill to be entitled An act relating to public employees; amending s. 876.05, F.S.; revising language with respect to the loyalty oath required of public employees; providing an effective date. Referred to the Committee on Employee & Management Relations. By Representative Mitchell- HB 1213-A bill to be entitled An act relating to funds for public education; amending s. 24.121, F.S.; providing for a transfer of funds from the Administrative Trust Fund to the Library Services Trust Fund; providing an effective date. Referred to the Committees on Regulated Services & Technology and Appropriations. By Representative Daryl Jones- HB 1221-A bill to be entitled An act relating to adoption; amending s. 63.022, F.S.; providing legislative intent to maintain sibling groups, whenever possible; amending s. 63.165, F.S.; providing duty to inform adoptive parents of the state registry of adoption information; amending s. 409.166, F.S.; authorizing the Department of Health and Rehabilitative Services to reimburse certain adoptive parents for nonrecurring adoption expenses; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representatives Mortham, Kelly- HB 1223-A bill to be entitled An act relating to the "911" emergency telephone system; amending s. 365.171, F.S.; revising provisions relating to the "911" fee; deleting the requirement for annual approval of a county's recurring fee by the Division of Communications; specifying that a fund be established exclusively for "911" fee revenues and expenditures; requiring that moneys in the fund be used only for specified purposes; requiring an annual financial audit of the fund; providing for carry over of funds; specifying those costs which are eligible for expenditure of "911" fee revenues, including costs for two county positions; prohibiting certain expenditures; establishing legislative goal for the expenditure of fees; providing an effective date. Referred to the Committees on Community Affairs, Finance & Taxation and Appropriations. By Representative Hargrett- HB 1225-A bill to be entitled An act relating to airport zoning; amending s. 333.025, F.S.; revising language with respect to permits for structures exceeding federal obstruction standards; revising nautical mile limits for permit requirements; including reference to political subdivisions JOURNAL OF THE HOUSE OF REPRESENTATIVES and airport zoning boards with respect to the issuance or denial of a permit; providing additional zoning factors; providing for compliance with the federal notification of proposed construction requirement and a valid aeronautical evaluation; providing an effective date. Referred to the Committees on Transportation and Appropriations. By Representative Holzendorf- HB 1227-A bill to be entitled An act relating to acupuncture; creating s. 457.1083, F.S.; providing for the Board of Acupuncture to issue certificates for the limited practice of acupuncture in the treatment of alcoholism, substance abuse, and chemical dependency; providing an application fee; providing practice limitations and requirements; providing for certificate renewal and expiration; authorizing the board to take disciplinary actions; providing requirements for acupuncture needles used by persons having certificates for limited practice; providing certain exemptions for state, county, and municipal employees engaged in the limited practice of acupuncture; providing an effective date. Referred to the Committees on Regulatory Reform and Appropriations. HB 1229-Withdrawn By Representative Holzendorf- HB 1231-A bill to be entitled An act relating to minority business enterprises; amending s. 287.0943, F.S.; changing the length of the certification period for minority business enterprises; providing for certification of those enterprises through authorized local entities; providing criteria for authorizing the local entities; requiring authorized local entities to enter into reciprocal agreements with the Department of General Services; directing the Department of General Services and the Department of Commerce to encourage all local minority business enterprise certification programs to enter into such agreements; amending s. 287.0945, F.S.; providing for verification of status as a minority business enterprise by authorized local entities; amending s. 288.703, F.S.; conforming the definition of "certified minority business enterprise" to the amendments of ss. 287.0943, 287.0945, F.S.; providing an effective date. Referred to the Committees on Commerce and Appropriations. By Representative Rayson- HB 1233-A bill to be entitled An act relating to insurance; amending s. 627.674, F.S.; requiring Medicare supplement policies to provide certain benefits; providing that rules of the Department of Insurance may limit the providing of Medicare supplement insurance optional benefits; amending s. 627.6741, F.S.; requiring insurers to offer Medicare supplement policies to all persons who meet certain criteria; requiring return of unearned premium; amending s. 627.6744, F.S.; prohibiting the sale of Medicare supplement policies to persons eligible for Medicaid and certain persons who have other Medicare supplement insurance; amending s. 627.6745, F.S.; requiring Medicare supplement policies to meet specified loss ratio standards; providing for refunds or credits to policyholders; requiring that certain information be available to the public; requiring public hearings prior to approval of premium increases; amending s. 627.6746, F.S.; requiring compliance with the Omnibus Budget Reconciliation Act of 1990; providing an effective date. Referred to the Committees on Insurance and Appropriations. By Representative Graham- HB 1235-A bill to be entitled An act relating to corporations; amending s. 607.0120, F.S.; revising filing requirements; amending s. 607.0123, F.S.; revising language with respect to the effective time and date of certain documents; amending s. 607.0124, F.S.; revising language with respect to correcting a filed document; amending s. 607.0202, F.S.; deleting certain required information in the articles of incorporation; amending s. 607.0301, F.S.; revising language with respect to the purposes and application of the Florida General Corporation Act; amending s. 607.0401, F.S.; revising language with respect to the corporate name; amending s. 607.0501, F.S.; eliminating a required report filed by a registered agent; amending s. 607.0502, F.S.; revising language with respect to the 59 resignation of a registered agent; amending s. 607.0601, F.S.; revising language with respect to authorized shares; amending s. 607.0603, F.S.; revising language with respect to outstanding shares; amending s. 607.0620, F.S.; revising language with respect to subscribers who default; amending s. 607.0703, F.S.; revising language with respect to court ordered meetings; amending s. 607.0704, F.S.; revising language with respect to actions by shareholders without a meeting; amending s. 607.0720, F.S.; revising language with respect to shareholders' list for meeting; amending s. 607.0725, F.S.; providing additional requirements with respect to quorum and voting requirements; repealing s. 607.0727, F.S., relating to shareholder quorum and voting and greater or lesser voting requirements; amending s. 607.0730, F.S.; revising language with respect to voting trusts; amending s. 607.0731, F.S.; revising language with respect to shareholders' agreements; amending s. 607.0804, F.S.; revising language with respect to the election of directors by certain voting groups; amending s. 607.0806, F.S.; revising language with respect to staggered terms for directors; amending s. 607.0831, F.S.; deleting a provision relating to the liability of directors which provided for application to nonprofit corporations; amending s. 607.08401, F.S.; revising language with respect to required officers; amending s. 607.0842, F.S.; providing criteria for the removal of an officer or agent elected by the shareholders; amending s. 607.0901, F.S.; revising language with respect to affiliated transactions; amending s. 607.0902, F.S.; revising language with respect to control-share transactions; amending s. 607.1002, F.S.; providing that the board of directors may adopt an amendment to the articles of incorporation, without shareholder action, to change the par value for a class or series of shares; amending s. 607.1006, F.S.; revising language with respect to articles of amendment; amending s. 607.1103, F.S.; deleting language which provides that action by the shareholders of a surviving corporation is not required with respect to action on a plan under certain circumstances; amending s. 607.1104, F.S.; revising language with respect to the merger of a subsidiary corporation; amending s. 607.1320, F.S.; revising language with respect to the procedure for exercise of dissenters' rights; amending s. 607.1406, F.S.; revising language with respect to claims against a dissolved corporation; amending s. 607.1430, F.S.; revising language with respect to grounds for judicial dissolution; amending s. 607.1433, F.S.; revising language with respect to judgment of dissolution; amending s. 607.1506, F.S.; revising language with respect to the use of a fictitious name; amending s. 607.1507, F.S.; requiring a filed written statement by certain registered agents; amending s. 607.1509, F.S.; revising language with respect to the termination of an agency appointment; amending s. 201.05, F.S.; revising language with respect to the tax on stock certificates; providing an effective date. Referred to the Committees on Commerce and Finance & Taxation. By Representative Gutman- HB 1237-A bill to be entitled An act relating to taxes; imposing a surcharge on retail sales of cigarette rolling papers; providing an exemption; providing for depositing collections of surcharge revenues into the Drug Abuse Education Trust Fund; providing for penalties and interest; providing for collection and enforcement; providing an effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representative Stafford- HB 1239-A bill to be entitled An act relating to solid waste management; amending s. 403.7049, F.S.; exempting certain nonprofit corporations from solid waste disposal fees imposed by counties and municipalities; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representative Stafford- HB 1241-A bill to be entitled An act relating to local occupational license taxes; amending ss. 205.032 and 205.042, F.S.; revising the time for the publication of notice by a county or municipality prior to adoption of such taxes; amending ss. 205.033 and 205.043, F.S.; revising fees for March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES transfer of licenses; removing provisions relating to distribution of county tax revenues; prohibiting adoption of an ordinance by certain counties levying an additional tax for economic development after January 1, 1993; specifying that revenues generated by the county tax in unincorporated areas may be used for economic development purposes; creating s. 205.044, F.S.; providing requirements with respect to licensing of vending and amusement machines; amending s. 205.053, F.S.; revising the date for sale of licenses and the due date thereof; providing civil penalties for failure to obtain a required license; providing for costs and attorneys' fees; creating s. 205.0535, F.S.; authorizing counties and municipalities to reclassify occupations and establish new rate structures; providing requirements and limitations; providing requirements for subsequent rate increases; creating s. 205.0536, F.S.; providing for the distribution of county tax revenues; amending s. 1, ch. 90-184, Laws of Florida; providing additional duties of the Occupational License Tax Study Commission and extending the expiration date thereof; providing an effective date. Referred to the Committees on Community Affairs, Finance & Taxation and Appropriations. By Representative Daryl Jones- HB 1243-A bill to be entitled An act relating to cruelty to animals; creating s. 828.065, F.S.; specifying procedures for the euthanasia of certain animals offered or obtained for sale by pet shops; providing for injunctions; providing penalties; providing an effective date. Referred to the Committee on Agriculture. By Representative Wise- HB 1245-A bill to be entitled An act relating to displaced homemakers; amending and renumbering ss. 410.30 and 410.301, F.S.; transferring powers and duties to establish or contract for the establishment of programs for displaced homemakers to community colleges from the Department of Health and Rehabilitative Services; providing duties of the Department of Education; providing for the use of certain funds; amending ss. 28.101 and 741.01, F.S.; correcting cross references; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By the Committee on Regulatory Reform and Representative Tobin- HB 1247-A bill to be entitled An act relating to the Department of Health and Rehabilitative Services; repealing s. 20.19(5)(e), F.S., relating to the Medicaid Advisory Council, pursuant to scheduled Sundown repeal; providing an effective date. Referred to the Committee on Appropriations. By Representative Harden- HB 1249-A bill to be entitled An act relating to post-conviction proceedings; establishing a Death Penalty Appeals Review Task Force; providing an effective date. Referred to the Committee on Criminal Justice. By Representatives Webster, McEwan, Starks, Reddick, Feeney, Stone, Sindler- HB 1251-A bill to be entitled An act relating to the Greater Orlando Aviation Authority, Orange County; amending chapter 57-1658, Laws of Florida, as amended, relating to the acquisition of property to satisfy mitigation requirements; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Natural Resources. By Representative Mortham- HB 1253-A bill to be entitled An act relating to the City of Clearwater; providing for the relief of Marsha Ann Yukon Frazier, surviving wife of Randy Yukon; Shelby Yukon, surviving child of Randy Yukon, and Joy Frisby, surviving wife of Nathan Frisby; directing the city commission of the City of Clearwater to pay the balance of a settlement agreement in favor of Marsha Ann Yukon Frazier and Joy Frisby; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Claims. By Representatives Grindle, Bainter, Stone, Starks- HB 1255-A bill to be entitled An act relating to Seminole County; repealing chapters 74-612 and 81-493, Laws of Florida, relating to the Seminole County Comprehensive Planning Act of 1974; providing a savings clause; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Community Affairs. By Representative Liberti- HB 1257-A bill to be entitled An act relating to the Acme Improvement District, Palm Beach County; amending chapter 28557, Laws of Florida, 1953, as amended; clarifying the recreational powers of the district to include the power to provide for parks, preserves, playgrounds, and recreational programs; clarifying the reorganization of the board of supervisors and providing for election of supervisors by a majority vote of the electorate; providing for the annual landowner's meeting to be held during the month of January; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Ethics & Elections. By Representative Morse- HB 1259-A bill to be entitled An act relating to the local option tourist development tax; amending s. 125.0104, F.S.; revising provisions which authorize the levy of an additional tax to pay debt service on bonds for the construction or renovation of a professional sports franchise facility, to provide for use of the tax for such debt service for a motorsport racing or testing facility; amending s. 288.1162, F.S., to conform; providing an effective date. Referred to the Committees on Tourism, Hospitality & Economic Development and Finance & Taxation. By Representatives Sanderson, Silver, Mackenzie, Mortham- HB 1261-A bill to be entitled An act relating to the tax on unlawful sales of drugs and controlled substances; amending ss. 212.0505 and 212.20, F.S.; providing for return of a portion of the proceeds to the county of collection and providing for use thereof; providing an effective date. Referred to the Committees on Criminal Justice, Finance & Taxation and Appropriations. By the Committee on Governmental Operations and Representative Figg- HB 1263-A bill to be entitled An act relating to confidentiality of records relating to pesticides; amending ss. 487.031, 487.041, 487.0615, and 487.160, F.S., which provide exemptions from public records requirements for certain records of the Department of Agriculture and Consumer Services, the Pesticide Review Council, and licensed pesticide applicators; saving such exemptions from repeal; providing for future review and repeal; providing an effective date. Placed on the Calendar without reference. By Representative Mortham- HB 1265-A bill to be entitled An act relating to the Department of State; amending s. 213.053, F.S.; authorizing the Department of Revenue to disclose certain information to the Division of Corporations and providing for use thereof; providing for confidentiality; providing for review and repeal; amending ss. 265.286 and 265.2861, F.S.; providing for 60 March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES transfer of funds from certain penalty fees to the Vital Local Cultural Organization Program; amending s. 607.0130, F.S.; specifying documents which the department is not required to file; authorizing the department to bring court action to collect penalties, fees, or taxes and to compel filing, qualification, or registration, file a lis pendens against corporate property, and certify findings to the Department of Legal Affairs for further action; amending s. 607.1502, F.S.; authorizing the department to collect penalties from foreign corporations which transact business in this state without authority and to bring court action to recover penalties and fees; providing an appropriation and authorizing positions; providing an effective date. Referred to the Committees on Commerce, Finance & Taxation and Appropriations. By Representative Viscusi- HB 1267-A bill to be entitled An act relating to siting of facilities that bur hazardous materials; amending s. 403.722, F.S.; providing that local governments may not be restricted from adopting certain additional siting criteria for facilities burning hazardous waste, hazardous waste fuel, or biohazardous materials; prohibiting the construction, modification, or operation of these facilities until any such additional siting criteria are met; prohibiting the granting of variances; providing an effective date. Referred to the Committee on Natural Resources. By Representatives Webster, McEwan, Starks, Reddick, Feeney, Stone, Sindler- HB 1269-A bill to be entitled An act relating to Orange County; amending chapter 80-555, Laws of Florida; defining the "governing body" of the Orange County Library District; providing budget and audit reporting requirements for the Orange County Library Board of Trustees; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Finance & Taxation. By Representative Davis- HB 1271-A bill to be entitled An act relating to local government; amending s. 170.01, F.S., which provides an alternative method for municipalities to make improvements and levy special assessments against property benefited; revising provisions which require approval of affected property owners for offstreet parking facilities, parking garages, and mass transportation systems; authorizing all municipalities to levy special assessments for stabilizing and improving business and historic districts; providing an effective date. Referied to the Committees on Community Affairs and Finance & Taxation. By Representative Flagg- HB 1273-A bill to be entitled An act relating to health care cost containment; amending s. 407.06, F.S.; specifying maximum fine for violations of ch. 407, F.S.; specifying condition under which a hospital shall not be fined for refusal or failure to file required reports or for violations of chapter 407, F.S.; amending s. 407.50, F.S., relating to review of hospital budgets; revising provisions relating to the future use of banked gross revenue percentage points; authorizing pooling of such percentage points by related hospitals; defining "related hospitals"; modifying the determination of change in hospital costs; providing that rate increases that enable a hospital to earn a reasonable rate of return shall not be considered unjust, unreasonable, or excessive; amending s. 407.51, F.S.; revising provisions relating to the future use of banked net revenue percentage points; authorizing pooling of such percentage points by related hospitals; defining "related hospitals"; rescheduling Sunset review and repeal; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representative Hanson- HB 1275-A bill to be entitled An act relating to the transportation of hazardous materials; creating a study commission to make recommendations to the Legislature with respect to the intrastate transportation of hazardous materials by motor carrier, rail, air, and water; providing for the membership and powers and duties of the commission; providing an appropriation; providing for a report; providing for the dissolution of the commission; providing an effective date. Referred to the Committees on Transportation and Appropriations. By Representative Stone- HB 1277-A bill to be entitled An act relating to the local option tourist development tax; amending s. 125.0104, F.S.; providing for the payment of interest on such taxes collected by the Department of Revenue; providing an effective date. Referred to the Committees on Tourism, Hospitality & Economic Development, Finance & Taxation and Appropriations. By Representatives King, Kelly- HB 1279-A bill to be entitled An act relating to irrigation contracting; creating the Florida Irrigation Regulation Act; providing findings and definitions; providing for application; providing requirements of the Department of Environmental Regulation with respect to administration and rulemaking; providing for notice and permitting fees; requiring licensure of irrigation contractors and providing requirements relating to application, eligibility, examination, and identification; providing for license renewal and inactive status; providing for licensure fees; providing exemptions from certain requirements; providing for notice to cease and desist from certain violations; requiring the adoption of disciplinary guidelines; providing for notice; providing grounds for disciplinary action and specifying such actions; providing unlawful acts and penalties therefore; providing for delegation of certain activities; providing for a clearinghouse; creating an advisory council and providing for membership, terms, and duties thereof; providing for review and repeal; providing an effective date. Referred to the Committees on Regulatory Reform, Finance & Taxation and Appropriations. By Representatives Langton, Crady, Wise, King, Brown, Chinoy- HB 1281-A bill to be entitled An act relating to the Jacksonville Port Authority; amending chapter 63-1447, Laws of Florida, as amended, authorizing the Jacksonville Port Authority to make purchases in excess of $12,000 only after advertisement of notice and award to the lowest bidder; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Governmental Operations. By Representatives Arnold, McEwan, Diaz-Balart, Saunders, King, Lippman, Starks, Crady, De Grandy, Morse, Feeney, Langton, K. Smith, Hill, Flagg, C. Smith, Gutman, Sindler- HJR 1283-A joint resolution proposing an amendment to Section 4 of Article VII of the State Constitution, relating to assessment of homestead property. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Logan (by request)- HB 1285-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.031, F.S.; removing the expiration date for the exemption from the tax on the lease or rental of or license in real property for property used at an airport to operate advertising displays in certain counties; providing an effective date. Filed By Representative Hanson- 61 March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES HR 1287-A resolution commending Boca Raton Christian School for their outstanding achievements in education. Referred to the Committee on Rules & Calendar. By Representative Garcia- HB 1289-A bill to be entitled An act relating to actions for abatement of asbestos; creating s. 95.401, F.S.; providing that an action for asbestos abatement does not expire until a specified time; providing that certain otherwise barred actions may be brought within a specified time; providing for retroactive application; creating s. 255.366, F.S.; applying the provisions of s. 95.401, F.S., to actions involving governmental entities or publicly-owned buildings; providing an effective date. Referred to the Committee on Judiciary. By Representative Hoffmann- HB 1291-A bill to be entitled An act relating to the recording of judgments in civil actions; amending s. 28.29, F.S.; providing for the recording of judgments with the Secretary of State; amending s. 55.503, F.S.; providing for the recording of foreign judgments with the Secretary of State; amending s. 55.505, F.S.; providing for the notice of parties upon the recording of a foreign judgment with the Secretary of State; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Mishkin- HB 1293-A bill to be entitled An act relating to drivers' licenses; amending s. 316.302, F.S.; exempting certain persons from described federal requirements with respect to the operation of certain commercial vehicles; amending s. 322.056, F.S.; increasing the period of drivers' license suspension for youthful drug offenders; amending s. 322.01, F.S.; redefining the term "tank vehicle"; amending s. 322.04, F.S.; exempting certain employees of, and persons under contract with, the U.S. Government from having to hold a Florida driver's license; amending s. 322.08, F.S.; revising language with respect to application for a driver's license to include reference to disqualification; amending s. 322.12, F.S.; providing for a waiver of certain examinations for holders of valid licenses from another state or a province of Canada who apply for a Florida driver's license; amending s. 322.121, F.S.; providing for simplification of examinations to be administered upon renewal of a driver's license; amending s. 322.21, F.S.; providing for a delinquent fee for certain commercial drivers' license renewals; amending s. 322.27, F.S.; providing for assessment of points at full value for convictions in another state; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representative Hawkes- HB 1295-A bill to be entitled An act relating to business organization; amending ss. 621.01, 621.02, 621.03, 621.04, 621.05, 621.06, 621.07, 621.08, 621.09, 621.10, 621.11, 621.12, 621.13, and 621.14, F.S.; creating s. 621.051, F.S.; broadening the scope of the Professional Service Corporation Act to include professional limited liability companies; providing intent; providing a short title; providing definitions; providing exemptions; providing for organization of corporations or limited liability companies to provide professional services; limiting rendition of professional services; specifying liability of officers, agents, employees, shareholders, and members; limiting business transactions and issuance and transfer of ownership interests; providing for administrative dissolution; restricting alienation of shares and ownership interests; requiring use of certain terms in the corporation's or company's name; specifying applicability of chapters 607 and 608, F.S.; providing a rule of construction; repealing s. 621.15, F.S., relating to applicability of ch. 67-590, Laws of Florida; providing an effective date. Referred to the Committees on Commerce, Finance & Taxation and Appropriations. By Representative Langton- HB 1297-A bill to be entitled An act relating to crime prevention; amending s. 772.102, F.S.; providing that for purposes of certain civil remedies, the term "enterprise" includes groups that associate for no purpose other than the criminal conduct; providing that the term "pattern of criminal activity" includes activities that do not continue; amending s. 895.02, F.S.; providing that the term "racketeering activity" for purposes of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act includes specified crimes as existing on or before January 1, 1991; including within the definition of the term the crime of keeping a gambling house; providing that, for purposes of the act, the term "enterprise" includes entities that associate for no purpose other than racketeering conduct; providing that the term "pattern of racketeering activity" includes activities which do not continue; creating s. 895.031, F.S.; providing trial venue for incidents of racketeering conduct; amending s. 895.05, F.S.; providing that certain interests in real property are subject to forfeiture under the Florida RICO (Racketeer Influenced and Corrupt Organization) Act; providing that property used or intended to be used to facilitate racketeering conduct is subject to forfeiture; revising the point in time at which title to forfeited property vests in the state; authorizing the court to order forfeiture of other property of the defendant if property subject to forfeiture is unavailable; providing circumstances under which certain property and interests are not subject to forfeiture; correcting a cross- reference; providing for certain fees and costs to be waived in proceedings under the act; amending s. 895.06, F.S.; requiring the clerk of the court to seal nondisclosure orders relating to certain civil investigative subpoenas; amending s. 895.07, F.S.; providing for a notice of lis pendens to remain in effect until termination of a civil proceeding brought under the act; amending s. 895.09, F.S.; authorizing compromise of certain forfeiture actions; amending s. 48.081, F.S.; authorizing service of process to be made on foreign corporations under any applicable law; reenacting ss. 655.50(3)(g), 896.101(1)(g), F.S., relating to unlawful financial transactions, to incorporate the amendment to s. 895.02, F.S., in references thereto; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Chestnut- HB 1299-A bill to be entitled An act relating to public school personnel; amending s. 231.15, F.S.; revising certification requirements for athletic coaches employed in public schools; providing an effective date. Referred to the Committee on Public Schools. By Representative King- HB 1301-A bill to be entitled An act relating to corporate income tax; creating s. 220.191, F.S.; authorizing a credit against such tax for certain corporations that contribute to the Nursing Student Loan Forgiveness Program or the Nursing Education Challenge Grant Fund for Community Colleges; providing limitations; providing for carryover of credit; amending s. 220.02, F.S.; providing order of credit carryovers; providing an effective date. Referred to the Committees on Postsecondary Education, Finance & Taxation and Appropriations. By Representative Stafford- HB 1303-A bill to be entitled An act relating to local government code enforcement; amending s. 162.04, F.S.; defining "recurring offense"; amending s. 162.09, F.S.; providing that code enforcement boards may retain jurisdiction over repeat violations or recurring offenses for a specified period for the purpose of imposing fines for a recurrence of the offense or violation; providing for notice and hearing; providing an effective date. Referred to the Committee on Community Affairs. By Representative Pruitt- HB 1305-A bill to be entitled An act relating to animal control; providing definitions; imposing a surcharge on all dog and cat food; 62 March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES providing duties of the Department of Revenue; establishing an Animal Control Fund for deposit of surcharge revenues; providing for return of such revenues to the counties for use for animal control programs; providing an effective date. Referred to the Committees on Community Affairs, Finance & Taxation and Appropriations. By Representatives C. Smith, Kelly- HB 1307-A bill to be entitled An act relating to aquaculture; amending s. 370.01, F.S.; exempting organisms produced in licensed saltwater aquaculture or maricultural operations from the definition of "restricted species"; creating s. 370.065, F.S.; authorizing the Department of Natural Resources to license aquacultural or maricultural operations; creating s. 372.0226, F.S.; authorizing the Game and Fresh Water Fish Commission to license freshwater aquacultural operations; exempting organisms produced therein from the definitions of "endangered species" and "threatened species"; providing for application, license, and renewal fees; specifying that such organisms shall be known as "cultured organisms"; amending s. 372.072, F.S., the "Florida Endangered and Threatened Species Act of 1977," to conform; providing for review and repeal; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representatives Graber, Mackenzie, Albright- HB 1309-A bill to be entitled An act relating to information resources; amending s. 282.1021, F.S.; prescribing content of the State Implementation Plan for Communications Services; amending s. 282.303, F.S.; providing additional definitions with respect to the Information Resource Commission and information resource management; amending s. 282.304, F.S.; providing that the commission is in the Executive Office of the Governor; amending s. 282.306, F.S.; prescribing additional duties of the commission's executive administrator; amending s. 282.3062, F.S.; changing the date by which the annual report of the commission must be prepared; deleting an element from the annual report; amending s. 282.307, F.S.; revising the information that must be contained in each department's strategic plan for information resources management; requiring the plan to be supplemented to reflect changes in the direction of projects; amending ss. 282.308, 282.311, F.S.; abolishing the duties of information resource managers with respect to the Information Resources Management Operating Plan; repealing s. 282.3115, F.S., which requires preparation of an Information Resources Management Operating Plan; amending s. 282.312, F.S.; changing the date by which annual performance reports must be submitted to the commission; revising the information that must be contained in the report; amending s. 282.318, F.S.; prescribing additional duties of department heads and the Supreme Court with respect to security of data and information technology resources; providing an effective date. Referred to the Committee on Governmental Operations. By Representatives Boyd, Mitchell, Lawson- HB 1311-A bill to be entitled An act relating to saltwater fisheries; amending s. 370.11, F.S.; providing that the harvesting of mullet may not be closed by rule for a certain time period in any 7-day period; providing an effective date. Referred to the Committee on Natural Resources. By Representatives Sansom, Stone, Pruitt, Harden, Banjanin, Jamerson, Holzendorf, Reaves, Friedman, Goode, Wise, Chestnut, Brennan- HB 1313-A bill to be entitled An act relating to vocational education; requiring an overview and assessment of vocational education programs; requiring a report; providing an effective date. 63 HJR 1315-A joint resolution proposing an amendment to Section 8 of Article V of the State Constitution relating to judicial eligibility. Referred to the Committee on Judiciary. By Representatives Simon, Bloom, Guber, Daryl Jones, Diaz-Balart, Friedman, Silver, Morse, Valdes, Hoffmann, Cosgrove, Garcia, De Grandy, Reaves, Logan, Gordon, Abrams, Gutman, Rojas, Burke, Saunders- HB 1317-A bill to be entitled An act relating to community colleges; amending s. 240.359, F.S.; providing for calculation of a community college cost differential and providing for its application in determining the annual apportionment of state funds to each community college district; amending s. 240.319, F.S.; correcting a cross reference; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. HB 1319-Withdrawn By Representative Peeples- HB 1321-A bill to be entitled An act relating to the City of Punta Gorda, Charlotte County; amending chapter 79-558, Laws of Florida, as amended, increasing maximum annual tax levies with respect to special taxing districts for the maintenance of canals, waterways, and navigable channels; repealing chapter 90-429, Laws of Florida, relating thereto, to conform with this act; providing a referendum. Referred to the Committees on Community Affairs and Finance & Taxation. By Representative Hawkins- HB 1323-A bill to be entitled An act relating to Collier County; amending chapter 84-416, Laws of Florida, as amended, relating to the North Naples Fire Control and Rescue District; expanding the boundaries thereof by including all lands belonging to the Little Hickory, Bonita Shores Fire Control District; repealing chapter 67-1243, Laws of Florida, as amended, which created the Little Hickory, Bonita Shores Fire Control District, to conform; providing for a referendum. Referred to the Committee on Community Affairs. By Representative Friedman- HB 1325-A bill to be entitled An act relating to the Pollutant Spill Prevention and Control Act; amending s. 376.12, F.S.; revising limits of cleanup or abatement liabilities with respect to prohibited discharges or other polluting conditions; deleting the provision which makes required vessel financial security payable to the Florida Coastal Protection Trust Fund; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Lippman- HB 1327-A bill to be entitled An act relating to the Florida Electrical Power Plant Siting Act; amending s. 403.502, F.S.; providing legislative intent; amending s. 403.504, F.S.; providing additional powers and duties of the Department of Environmental Regulation; providing an effective date. Referred to the Committees on Regulated Services & Technology and Appropriations. By Representative Sanderson- HB 1329-A bill to be entitled An act relating to contraband forfeiture; amending s. 932.701, F.S.; providing that a vehicle or vessel used in the crime of leaving the scene of an accident involving death or personal injury, operating a vessel while intoxicated, vehicular homicide, vessel homicide, neierreu 10 mhe Coomiiiiees on V ocauuni/ cncliaccu n ,^11, Approriatons.forfeiture; providing an effective date. March 5, 1991 By Representative Hawkes-- Referred to the Committees on Criminal Justice and Appropriations. 64 JOURNAL OF THE HOUSE By Representative King- HB 1331-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.05, F.S.; providing that tax shall not be levied on that portion of the retail price of a mobile home attributable to labor costs; providing an effective date. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Abrams- HB 1333-A bill to be entitled An act relating to landlord tenant cases; amending s. 34.011, F.S.; providing for jurisdiction of landlord tenant cases to be in the circuit court in certain circumstances; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Ireland- HB 1335-A bill to be entitled An act relating to the Florida Retirement System; amending s. 121.45, F.S.; directing the Division of Retirement to develop a proposed portability compact with certain states; providing an effective date. Referred to the Committee on Employee & Management Relations. By Representative Sanderson- HB 1337-A bill to be entitled An act relating to aircraft; amending s. 329.10, F.S.; revising language with respect to aircraft registration; providing additional unlawful acts with respect to aircraft registration; providing penalties; amending s. 329.11, F.S.; providing that it is unlawful to display false or misleading marks on an aircraft as to the nationality or registration of the aircraft; providing a penalty; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Figg- HB 1339-A bill to be entitled An act relating to saltwater fisheries; creating s. 370.1535, F.S.; providing for the regulation of shrimp fishing in Tampa Bay; providing definitions; prohibiting certain shrimping; providing regulation with respect to live bait shrimp production and dead shrimp production; providing for noncommercial trawling; providing for a sampling procedure; providing for license possession; limiting the use of trawls; prohibiting certain rules; providing for certain credits; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representative Simone- HB 1341-A bill to be entitled An act relating to honeybees; amending s. 586.11, F.S.; deleting an inspection requirement for bees moved into the state; providing an effective date. Referred to the Committee on Agriculture. By Representative Ireland- HB 1343-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.02, F.S.; providing a definition of "water transportation by cruise vessel"; providing an effective date. Referred to the Committee on Finance & Taxation. By Representative Clark- HB 1345-A bill to be entitled An act relating to solid waste management; creating the "Solid Waste Collection and Disposal System Regulatory Law"; providing for the regulation of solid waste collection and disposal utilities by the Florida Public Service Commission; providing legislative intent; providing definitions; specifying utilities that are exempt from regulation under the act; requiring utilities to obtain a certificate from the commission; providing certificate application requirements; providing for public hearings on the application; providing a procedure for a utility to apply for deletion of territory; providing a procedure for a utility 1] E OF REPRESENTATIVES March 5, 1991 to apply for extension of territory; providing for the sale, assignment, or transfer of a utility's certificate or its facilities; providing a procedure for establishing the rates charged by a utility for solid waste collection and disposal services; requiring the refund of rates under certain circumstances; providing for establishing interim rates; authorizing the commission to conduct certain proceedings; providing a procedure for establishing an official filing date; providing requirements for rates and charges for new classes of services; providing requirements for services provided within a utility's territory; providing powers of the commission; authorizing the commission to establish fees; requiring utilities to pay a regulatory fee based on gross operating revenues; exempting proprietary confidential business information obtained by the commission from public records requirements; providing for future legislative review of this exemption under the Open Government Sunset Review Act; authorizing the commission to impose certain penalties; providing for a receiver to be appointed upon abandonment of a utility; providing for application of the act; providing procedures under which certain utilities may obtain a temporary authorization of operation; providing a saving clause; providing an effective date. Referred to the Committees on Regulated Services & Technology, Finance & Taxation and Appropriations. By Representatives Graber, Geller, Tobin- HB 1347-A bill to be entitled An act relating to Medicare beneficiaries; specifying that a physician may treat or not treat a Medicare beneficiary; requiring that a physician shall accept Medicare assignment for certain emergencies; specifying that a physician shall accept Medicare assignment unless the patient otherwise consents in writing; providing a schedule for billing physician's charges; providing penalties; creating s. 627.430, F.S., providing that private insurance coverage shall be primary; requiring a patient to notify the physician of private insurance coverage; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representative Friedman- HB 1349-A bill to be entitled An act relating to public schools; amending s. 236.1223, F.S.; extending the writing skills enhancement program to include the ninth grade in order to enable school districts to receive additional categorical funds from the state for providing instruction in writing skills to students in that grade; revising the allocation formula; amending s. 24.121, F.S.; providing for funding the extension of the program from moneys in the Educational Enhancement Trust Fund; providing an effective date. Referred to the Committees on Public Schools and Appropriations. By Representative Harris- HB 1351-A bill to be entitled An act relating to the Florida Aquaculture Policy Act; creating s. 597.0015, F.S.; providing definitions; amending s. 597.002, F.S.; providing for use of appropriated funds; amending 597.0021, F.S.; conforming language; amending s. 597.003, F.S.; providing additional functions of the Department of Agriculture and Consumer Services; amending s. 597.005, F.S.; providing additional responsibilities of the Aquaculture Review Council; amending s. 597.006, F.S.; providing additional responsibilities of the Aquaculture Interagency Coordinating Council; adding an agency participating in interagency coordination; amending s. 597.007, F.S.; clarifying provisions relating to permitting of aquaculture facilities; providing an effective date. Referred to the Committees on Agriculture and Appropriations. By Representative Silver- HB 1353-A bill to be entitled An act relating to court costs and charges; amending s. 57.041, F.S.; authorizing the court, in any civil action, to tax the legal costs and charges to the party recovering judgment in the action or to apportion and tax the costs and charges among some or all parties, according to the justice of the particular case; providing an exception; providing for inclusion of such award in the judgment or order assessing costs and charges; providing for collection of such costs and JOURNAL OF THE HOUSE OF REPRESENTATIVES charges; providing that the act does not apply to pending actions; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Harris- HB 1355-A bill to be entitled An act relating to Big Corkscrew Island Fire Control and Rescue District, Collier County; amending s. 1, ch. 77-535, Laws of Florida; extending the boundaries of the district; providing for referendums. Referred to the Committee on Community Affairs. By Representative Pruitt- HB 1357-SF-A bill to be entitled A proposal relating to juvenile justice. Referred to the Committees on Criminal Justice and Appropriations. By Representative Sanderson- HB 1359-A bill to be entitled An act relating to sexual performance by a child; amending s. 827.071, F.S.; providing a definition; prohibiting possession, with intent to sexually excite, of certain materials showing children under a certain age with their genitals exposed; providing exemptions; providing a presumption of violation and prohibiting certain defenses to prosecution; providing for destruction of materials in violation; providing penalties; reenacting ss. 39.001(3)(b)23., 39.076(3)(w), 110.1127(3)(a)l.w., 242.335(3)(a)1.w., 393.0655(1)(u), 394.457(6)(a)21., 396.0425(1)(u), 397.0715(1)(u), 402.305(1)(a)21., 409.175(4)(a)6.w., 772.102(1)(a)19., 895.02(1)(a)21., 934.07, and 943.058(9), F.S., relating to character screening for personnel in various programs and positions relating to children, the developmentally disabled, the Florida School for the Deaf and the Blind, the mentally ill, alcoholics, and drug dependents; the definitions of "criminal activity" under the Civil Remedies for Criminal Practices Act and "racketeering activity" under the Florida RICO Act; authorization for interception of wire, oral, or electronic communications; and expunction or sealing of criminal history records, to incorporate the amendment to s. 827.071, F.S., in references thereto; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By the Committee on Regulatory Reform and Representatives Tobin, Rudd- HB 1361-A bill to be entitled An act relating to legislative review of proposed regulation of unregulated professions, occupations, businesses, or industries; providing legislative intent; prescribing criteria for legislative review of proposals for establishment of regulation of a profession, occupation, business, or industry; requiring the submission of certain information; providing for recommendations concerning enactment or modification of such proposals; providing an effective date. Referred to the Committee on Appropriations. By Representative Rush- HB 1363-A bill to be entitled An act relating to petit theft; amending s. 812.014, F.S.; authorizing inclusion of any prior theft conviction in accumulating offenses for second and subsequent petit theft penalties; reenacting ss. 39.044(2)(d), 409.2665(18), 538.23(2), 550.63(10), 634.319(2), 634.421(2), 642.038(2), and 705.102(4), F.S., relating to juvenile detention, Medicaid fraud, receipt of stolen regulated metals property, intertrack wagering, reporting and accounting for funds received by sales representatives in certain fiduciary transactions, and unlawful appropriation of lost or abandoned property, to incorporate said amendments in references thereto; amending s. 812.015, F.S.; deleting a requirement of a conviction for theft as a requirement for the offense of resisting recovery, and reenacting ss. 538.09(5)(f) and 538.23(2), F.S., relating to secondhand dealers and secondary metals recyclers, to incorporate said amendment in references thereto; providing technical amendments; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Rush- HB 1365-A bill to be entitled An act relating to organ and tissue procurement organizations; providing for legislative intent; providing that the Department of Health and Rehabilitative Services develop and adopt a certification procedure, based on existing national standards, for organ procurement organizations, tissue banks, and eye banks; providing for all organ procurement agencies, tissue banks, and eye banks to be certified by the department before a specified date; providing provisional certification to all organ procurement organizations, tissue banks, and eye banks active in this state before a specified date; providing for the appointment of an advisory board to review the status of organ, tissue, and eye procurement in this state; providing funding for the advisory board and certification process through fees, administrative penalties, and surcharges on certain fines; providing for indirect physician supervision of organ, tissue, and eye procurement coordinators in cadaveric organ, tissue, and eye procurement; providing that physicians licensed in any state may procure cadaver organs in this state for out-of-state patients listed under the United Network for Organ Sharing System; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Roberts- HB 1367-A bill to be entitled An act relating to transportation corridors; amending s. 332.115, F.S.; revising the purposes for which a transportation corridor between an airport and a port facility may be used; requiring local governments affected by a proposed transportation corridor to provide certain comments to the regional planning council; providing for review of transportation corridor projects under s. 380.06, F.S., relating to developments of regional impact; providing limitations on the location of passenger rail terminals; exempting transportation corridors from requirements pertaining to high-speed rail lines; providing an effective date. Referred to the Committees on Transportation and Appropriations. HB 1369-Withdrawn By Representative Long- HB 1371-A bill to be entitled An act relating to games of chance; creating s. 849.0937, F.S.; providing definitions; authorizing certain charitable, nonprofit, and veterans' organizations to conduct specific games of chance; specifying use of proceeds; providing requirements and restrictions regarding the conduct of such games; prohibiting use of mechanical or electronic devices or media; limiting individuals who may participate in the conduct of such games of chance; prohibiting compensation to such persons; limiting prizes awarded; requiring maintenance of records; providing for inspection of records; providing criminal penalties for specified activities; providing a conditional effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representative Boyd- HB 1373-A bill to be entitled An act relating to tax on sales, use, and other transactions; amending s. 212.08, F.S.; providing an exemption for certain nonprofit water service providers; providing an effective date. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Graber- HB 1375-A bill to be entitled An act relating to transportation of school children; creating s. 234.0515, F.S.; authorizing school districts to require the inspection of nonpublic buses used to transport students; authorizing the assessment of a fee; providing for the frequency and thoroughness of such inspections; providing an effective date. Referred to the Committees on Public Schools, Finance & Taxation and Appropriations. March 5, 1991 65 66 JOURNAL OF THE HOUSE By Representatives Brown, Holzendorf- HB 1377-A bill to be entitled An act relating to social and economic assistance; amending s. 409.029, F.S.; revising provisions of the Florida Employment Opportunity Act; providing additional Department of Health and Rehabilitative Services' duties; revising application procedures to participate in employment and training activities; revising participation requirements; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Rudd- HB 1379-A bill to be entitled An act relating to abuse, neglect, and exploitation; amending ss. 415.504, 415.505, 415.51, 415.103, 415.104, and 415.107, F.S.; removing provisions relating to classification of reports of child abuse or neglect or adult abuse, neglect, or exploitation as "indicated- perpetrator undetermined"; providing for award of costs and attorney's fees to a person who prevails in a challenge of a classification of a proposed confirmed report; requiring expunction of certain reports; providing for representation of alleged perpetrators by persons other than attorneys; repealing ss. 415.503(10) and 415.102(11), F.S., relating to definitions; providing an effective date. Referred to the Committee on Health & Rehabilitative Services. By Representative Ritchie- HB 1381-A bill to be entitled An act relating to notice of commencement; amending ss. 713.13 and 713.135, F.S.; authorizing an owner or his authorized agent before actually commencing to improve real property to file a notarized statement that the notice of commencement has been filed for recording; requiring the authority issuing the building permit to verify that the notarized statement has been posted; providing an effective date. Referred to the Committee on Judiciary. By Representative Simone- HB 1383-A bill to be entitled An act relating to milk; amending s. 502.012, F.S.; revising certain definitions; amending s. 502.191, F.S.; authorizing the Department of Agriculture and Consumer Services to adopt rules relating to temporary permits for nonstandard milk products; authorizing the department to charge a fee for such permits; providing an effective date. Referred to the Committees on Agriculture, Finance & Taxation and Appropriations. By Representative Friedman- HB 1385-A bill to be entitled An act relating to marine turtles; creating s. 320.08068, F.S.; providing for the creation and sale of marine turtle license plates; establishing fees and providing for deposit and use thereof; amending s. 327.25, F.S.; providing for the sale of marine turtle stickers with vessel registrations, including a fee therefore and the deposit and use thereof; amending s. 370.12, F.S.; revising provisions relating to the protection of marine turtles; providing a short title; providing legislative intent; defining the term "take" for purposes of prohibition thereof, for which there are penalties; deleting an exemption for accidentally caught marine turtles; requiring a special permit or loan agreement for possession of a marine turtle or parts thereof; requiring submission of a marine turtle protection plan with applications for various permits and other types of approval, including coastal construction and excavation permits; providing for permit denial under specified circumstances; creating the Marine Turtle Protection Trust Fund and providing uses thereof; providing an appropriation; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. I! E OF REPRESENTATIVES March 5, 1991 By Representative Ostrau- HB 1387-A bill to be entitled An act relating to insurance; amending s. 627.062, F.S.; requiring filing of underwriting rules for homeowners' insurance not contained in rating manuals; amending s. 627.0645, F.S.; specifying the lines of insurance for which an annual base rate filing is required; requiring that rates not be excessive or unfairly discriminatory; amending s. 627.0651, F.S.; requiring filing of underwriting rules for motor vehicle insurance not contained in rating manuals; deleting exemption for commercial inland marine insurance; providing an effective date. Referred to the Committee on Insurance. By Representative Arnall- HB 1389-A bill to be entitled An act relating to proceedings relating to juveniles; amending s. 39.01, F.S.; revising the definition of the term "serious or habitual juvenile offender" for purposes of ch. 39, F.S., the Florida Juvenile Justice Act; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Brown- HB 1391-A bill to be entitled An act relating to the collection of ad valorem taxes; amending ss. 197.182, 197.432, 197.443, F.S.; allowing tax refunds resulting from the correction of tax certificates; exempting such refunds from a statute of limitations; providing for retroactivity; repealing s. 197.364, F.S., relating to collection by the Department of Revenue, as the agent of county tax collectors, of ad valorem taxes assessed against the operating property of railroads and private railroad car lines; providing an effective date. Referred to the Committees on Finance & Taxation and Appropriations. By Representative Irvine- HB 1393-A bill to be entitled An act relating to elections; amending s. 100.061, F.S.; changing the date of the first primary election; amending s. 100.091, F.S.; changing the date of the second primary election; providing an effective date. Referred to the Committee on Ethics & Elections. By Representatives Davis, Kelly, C. Smith- HB 1395-A bill to be entitled An act relating to educational facilities; creating s. 235.199, F.S.; providing for cooperative funding of vocational educational facilities; providing requirements of a school district prior to submitting a request for funds; providing for a committee to review and evaluate requests; providing funding requirements; providing duties of the Office of Educational Facilities; providing for review and repeal; providing an effective date. Referred to the Committees on Vocational/Technical Education and Appropriations. By Representative Rush- HB 1397-A bill to be entitled An act relating to art on consignment; amending s. 686.502, F.S.; restricting title to, estate in, or right to possession of a work of art on consignment; eliminating a public notice requirement; providing that sales proceeds held in trust are not subject to any claims, liens, or security interests; providing an effective date. Referred to the Committee on Commerce. By Representative Sembler- HB 1399-A bill to be entitled An act relating to soil and water conservation; amending s. 582.05, F.S.; providing duties of soil and water conservation districts; authorizing specific appropriations for district operations; providing for administration of appropriations by the Department of Agriculture and Consumer Services; amending s. 582.19, F.S.; providing for certain additional travel expenses for district supervisors; providing for annual funding of the districts; providing an effective date. Referred to the Committees on Agriculture and Appropriations. By Representative Geller- HB 1401-A bill to be entitled An act relating to insurance; amending s. 627.311, F.S.; requiring joint underwriting plans for motor vehicle insurance to provide a list of insureds under certain circumstances; prohibiting such plans from offering certain discounts or inducements; limiting policies issued under such plans to a specified time period; providing an effective date. Filed By Representative Rojas- HB 1403-A bill to be entitled An act relating to environmental health professionals; providing legislative intent; providing definitions; requiring certification; establishing the Environmental Health Evaluators Certification Board; providing for membership, duties, and per diem and travel expenses; requiring the Department of Health and Rehabilitative Services to establish certification standards; authorizing the department to charge fees; providing an effective date. Referred to the Committees on Regulatory Reform, Finance & Taxation and Appropriations. By Representative Valdes- HB 1405-A bill to be entitled An act relating to sexual offenses against minors; prescribing a minimum term of imprisonment without probation or suspension, deferral, or withholding of adjudication of guilt or imposition of sentence for persons convicted of certain sex offenses when the victim is a minor; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Irvine- HB 1407-A bill to be entitled An act relating to enterprise zones; creating s. 290.0066, F.S.; authorizing counties and municipalities to create community enterprise zones; providing for inapplicability of certain restrictions and limitations; specifying the incentives and programs available in such zones; providing for repeal; providing an effective date. Referred to the Committees on Tourism, Hospitality & Economic Development, Finance & Taxation and Appropriations. By Representative Graber- HB 1409-A bill to be entitled An act relating to motor vehicle licenses; amending s. 320.07, F.S.; revising the delinquency fee schedule for persons who have let their registration expire; providing a limitation on such delinquency fees; creating s. 320.0701, F.S.; providing penalties for failure to register a motor vehicle; providing for the immobilization of unregistered vehicles; providing for delinquency fees; providing a penalty for tampering with or unlocking an immobilization device; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representative Dennis Jones- HB 1411-A bill to be entitled An act relating to chiropractic physicians; amending s. 460.406, F.S.; modifying a training requirement for applicants for licensure by examination; providing an effective date. Referred to the Committee on Regulatory Reform. By Representative Arnold- HB 1413-A bill to be entitled An act relating to environmental programs; reenacting ss. 380.501, 380.502, 380.503, 380.504, 380.505, 380.506, 380.507, 380.508, 380.510, 380.511, 380.512, 380.513, 380.514, 380.515, and 320.08065, F.S., relating to the Florida Communities Trust Act, findings and intent, definitions, the Florida Communities Trust within the Department of Community Affairs, the membership, expenses, voting, services, and powers thereof, development, review, and approval of 67 projects, duties of the department, conditions of grants and loans, the Florida Communities Trust Fund, reports, corporate existence, construction, and license plates; reenacting and amending s. 380.509, F.S., to conform to the purposes of the act; providing an effective date. Referred to the Committees on Natural Resources and Finance & Taxation. By Representative Banjanin- HB 1415-A bill to be entitled An act relating to human immunodeficiency virus; amending s. 381.609, F.S.; deleting requirement for informed consent to HIV testing; amending s. 381.6105, F.S.; correcting a cross reference; amending s. 384.25, F.S.; requiring physician reports of HIV infection to contain information sufficient to identify the test subject; deleting restrictions on such reporting; providing an effective date. Referred to the Committee on Health Care. By Representatives Webster, McEwan, Starks, Reddick, Feeney, Stone, Sindler- HB 1417-A bill to be entitled An act relating to the City of Orlando, Orange County, and the pension funds of the Orlando Police Department and Fire Department; amending chapter 31086, Laws of Florida, 1955, as amended; prescribing circumstances under which a person can purchase pension credit for service rendered during a period when such person was ineligible to participate in the respective pension plan due to employment at an age in excess of 30 years; incorporating limitations on benefits as required by s. 415, Internal Revenue Code of 1986; providing severability; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Employee & Management Relations. By Representative Diaz-Balart- HB 1419-A bill to be entitled An act relating to the School District of Dade County, Florida; providing for the relief of Alberto Sosa, a minor, by and through his parents and next friends, Magaly and Alberto Sosa, Sr., and Magaly and Alberto Sosa, Sr., individually; directing the district school board to compensate them for serious physical injury suffered by Alberto Sosa while a student at Rockway Junior High School; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Claims. By Representative Dennis Jones- HB 1421-A bill to be entitled An act relating to the corporate income tax; creating s. 220.191, F.S.; providing a credit against said tax for companies establishing a workforce education program; providing requirements; providing for rules; providing an effective date. Referred to the Committees on Vocational/Technical Education, Finance & Taxation and Appropriations. First Reading of Committee Substitutes by Publication By the Committee on Agriculture and Representatives Sindler, Daryl Jones, Mackey, C. Smith, Laurent- CS/HB 93-A bill to be entitled An act relating to water resources; creating s. 240.5329, F.S.; creating the Florida LAKEWATCH Program within the Institute of Food and Agricultural Sciences at the University of Florida; providing purpose; providing for the use of data collected; providing an effective date. By the Committee on Agriculture and Representatives Harris, Thomas, Hawkins, Ireland, Arnold, Peeples- CS/HB 201-A bill to be entitled An act relating to citrus; amending s. 601.04, F.S.; changing the appointment date for members of the Florida Citrus Commission; amending s. 601.091, F.S.; defining the "Gulf" production area; providing an effective date. March 5, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES By the Committee on Community Affairs and Representative Brown- laid on the table. CS/HB 253-A bill to be entitled An act relating to weatherization of residences of low-income households; providing intent and definitions; providing duties of the Department of Community Affairs; providing requirements for weatherization; providing for benefits; providing an appropriation; providing an effective date. By the Committee on Agriculture and Representative Boyd- CS/HB 257-A bill to be entitled An act relating to the Department of Agriculture and Consumer Services; amending s. 504.31, F.S.; revising the membership of the organic food advisory council and the terms thereof and eliminating per diem and travel expense allowances; amending s. 570.541, F.S.; eliminating per diem and travel expense allowances for members of the Racing Quarter Horse Advisory Council; providing an effective date. Reports of Standing Committees Received January 31: The Committee on Agriculture recommends the following pass: HB 259 The above bill was placed on the Calendar. Received February 5: The Committee on Agriculture recommends a committee substitute for the following: HB 201 The above committee substitute was placed on the Calendar and, under the rule, HB 201 was laid on the table. The Committee on Agriculture recommends a committee substitute for the following: HB 93 The above committee substitute was referred to the Committee on Appropriations and, under the rule, HB 93 was Received February 6: The Committee on Agriculture recommends a committee substitute for the following: HB 257 The above committee substitute was placed on the Calendar and, under the rule, HB 257 was laid on the table. Received February 22: The Committee on Community Affairs recommends the following pass: HB 373 The above bill was placed on the Calendar. The Committee on Governmental Operations recommends the following pass: HB 167 The above bill was referred to the Committee on Appropriations. The Committee on Community Affairs recommends the following pass: HB 265 The above bill was referred to the Committee on Finance & Taxation. The Committee on Community Affairs recommends a committee substitute for the following: HB 253 The above committee substitute was referred to the Committee on Finance & Taxation and, under the rule, HB 253 was laid on the table. Recessed Pursuant to the motion previously agreed to, the House recessed at 11:51 a.m., to reconvene at 8:30 a.m., Friday, March 8. Pages and Messengers for the week of March 4-8 PAGES-Kerry Miller, Coral Gables; Carly Lyn Baetz, Fort Myers; Elisa K. Cisek, Seminole; Tamera Lachae Bailey, Clewiston; J. Reynolds Allen, Tampa; Wes Barnett, Tallahassee; Ben Carithers, Odessa; David D. McLauchlin, Jr., Bradenton; Alyssa Sher, Jacksonville; Carmon Tyler Stansel, Wellborn; Jason Rojas, Miami; William Woodroffe, Tampa; Ashley Joe Ham, Arcadia; Julian B. Lane, III, Tampa. MESSENGERS-Sally Floyd, Mims; Melissa Egerton, Orlando; Renaye Nicole Moore, Daytona Beach; Laurie Wright, Plantation; Brian Knowles, Apollo Beach; Brenda H. McLauchlin, Bradenton; Michael Bailey, Tallahassee; Angela Jacobs, Holt; Nathan Sumner, Tallahassee; Angela Bridget Chancey, Arcadia; Ross Lancaster, Punta Gorda; Veronica Holloway, Baker; Amy Elizabeth Osteryoung, Tallahassee; Monica Lynn McFarland, Tallahassee; Laurence McFarland, Tallahassee; Randolph Douglas, Tallahassee; Daniel Greene, St. Petersburg; Michelle Berrigan, Tallahassee; Tiffany Austin, Tallahassee; Pam Breedlove, Havana; Cody R. Adams, Land O'Lakes; Misty Lee Blackburn, Havana; Calvin B. Powell, Tallahassee. 68 March 5, 1991 " The JournalOF THE House of Representatives Thursday, March 7, 1991 Number 3 Introduction and Reference First Reading by Publication By Representative Abrams- HB 1463-A bill to be entitled An act relating to health insurance; amending ss. 627.6415, 627.6578, and 641.31, F.S.; prohibiting individual or group health insurance policies and health maintenance organizations from excluding coverage for preexisting conditions of an adopted child or ward; providing an effective date. Referred to the Committees on Insurance and Appropriations. By Representative Silver- HB 1465-A bill to be entitled An act relating to condominiums; amending s. 718.103, F.S.; providing definitions; amending s. 718.104, F.S.; providing additional requirements in the declaration creating a condominium; providing additional requirements in the common elements for certain condominiums; amending s. 718.110, F.S.; revising language with respect to the amendment of the declaration; amending s. 718.111, F.S.; revising language with respect to the association; amending s. 718.112, F.S.; revising language with respect to the bylaws; providing a find; amending s. 718.113, F.S.; requiring each board of administration to adopt hurricane shutter specifications along certain lines; amending s. 718.114, F.S.; revising language with respect to the association powers; amending s. 718.115, F.S.; revising language with respect to common expenses and common surplus; amending s. 718.116, F.S.; revising language with respect to assessments; amending s. 718.120, F.S.; providing that in no event shall assessments and taxes assessed against all units in the aggregate exceed the total value of the property as a whole; amending s. 718.1255, F.S.; providing for alternative dispute resolution; providing for voluntary mediation; providing for mandatory nonbinding arbitration; providing legislative findings; amending s. 718.203, F.S.; including design professionals, architects, and engineers in a list of contractors granting warranties; creating s. 718.204, F.S.; providing for a bond or escrow account for assessment liability prior to turnover; amending s. 718.301, F.S.; revising language with respect to transfer of association control; creating s. 718.3026, F.S.; providing for written contracts for products and services; providing for bids; providing exceptions; amending s. 718.303, F.S.; providing for additional amounts to be recovered by a unit owner who prevails over the association under certain circumstances; increasing fines; amending s. 718.401, F.S.; providing a shorter term of lease with respect to certain condominiums; amending s. 718.501, F.S.; revising language with respect to the powers and duties of the Division of Florida Land Sales, Condominiums, and Mobile Homes; increasing fees; creating s. 718.5015, F.S.; creating an Office of Ombudsman within the division for administrative purposes; creating s. 718.5016, F.S.; providing for powers and duties of the ombudsman; creating s. 718.5017, F.S.; providing for compensation and expenses; creating s. 718.5018, F.S.; providing for the location of the ombudsman's office; creating s. 718.5019, F.S.; creating the Advisory Council on Condominiums; amending s. 718.502, F.S.; revising language with respect to filing prior to sale or lease; providing a fee; amending s. 718.503, F.S.; revising language with respect to disclosure prior to sale; amending s. 718.504, F.S.; revising language with respect to the prospectus or offering circular; amending s. 718.608, F.S.; requiring developers to file certain information with the division prior to delivering a notice of intended conversion; providing a fee; amending s. 718.618, F.S.; providing for additional reserve accounts; amending s. 468.431, F.S.; redefining the term "community association management"; amending s. 475.011, F.S.; exempting certain managers from the real estate law; providing for review and repeal; providing an effective date. Referred to the Committees on Judiciary, Finance & Taxation and Appropriations. By Representatives Brennan, Cosgrove- HB 1467-A bill to be entitled An act relating to notaries public; amending s. 117.01, F.S.; providing for appointment, application, suspension, revocation, application fee, bond, and oath; amending s. 117.03, F.S.; providing for administration of oaths; amending s. 117.04, F.S.; specifying authority of notaries with respect to marriages and acknowledgments; amending s. 117.05, F.S.; providing for use of notary commission, unlawful use, notary fee, seal, duties, employer liability, name change, advertising, and photocopies; providing penalties; creating s. 117.101, F.S.; providing short forms; creating s. 117.1011, F.S.; providing long forms; creating s. 117.103, F.S.; providing for certification of notary's authority; creating s. 117.105, F.S.; prohibiting false or fraudulent acknowledgments; providing penalties; creating s. 117.107, F.S.; prohibiting certain acts by notaries; repealing ss. 117.02, 117.07, 117.08, and 117.09, F.S., relating to eligibility of women to be notaries, notary's seal, acting after expiration of commission, and penalties for prohibited acts; amending s. 117.10, F.S.; deleting references to repealed sections; providing an effective date. Referred to the Committees on Judiciary, Finance & Taxation and Appropriations. By Representative Stone- HB 1469-A bill to be entitled An act relating to social responsibility; providing legislative intent; providing definitions; creating a state task force and providing purposes; providing for membership; providing duties and powers; requiring a report; providing for review and repeal; providing an appropriation; providing an effective date. Referred to the Committees on Governmental Operations and Appropriations. By Representative Lewis- HB 1471-A bill to be entitled An act relating to Palm Beach County; amending chapter 87-450, Laws of Florida, as amended, relating to the Palm Beach County Health Care Act; providing for the consolidation of the southwest subdistrict and its governing board with the northwest subdistrict and its governing board; providing for the creation of the western subdistrict; providing for the membership, appointment, and terms of office of the western subdistrict; providing for appointment of western subdistrict members to the district board; providing for the abolition of the southwest subdistrict and the northwest subdistrict; providing for the transfer of responsibilities from the southwest subdistrict 73 JOURNAL OF THE HOUSE OF REPRESENTATIVES March 7, 1991 and the northwest subdistrict to the newly created western subdistrict; By Representatives Figg, Davis, Hargrett, Glickman, Corr, Martinez, providing severability; providing an effective date. Rush- Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Health Care. By Representative Goode- HB 1473-A bill to be entitled An act relating to mandatory homeowners' associations; providing that certain disclosures shall be made in a contract for the sale of a parcel subject to a mandatory membership homeowners' associations; providing that certain documents shall be provided to buyers of parcels subject to a mandatory membership homeowners' association; providing a definition; providing an effective date. Referred to the Committee on Judiciary. By Representative Rush- HB 1475-A bill to be entitled An act relating to convenience stores; amending s. 812.171, F.S.; revising the definition; amending s. 812.172, F.S.; revising applicability provisions to authorize more stringent requirements; amending s. 812.173, F.S.; requiring that certain security measures be implemented; requiring convenience stores to implement more stringent security measures; creating s. 812.1735, F.S.; requiring owners of convenience stores to provide hazard hours life insurance coverage for employees; amending s. 812.174, F.S.; requiring annual training of employees; amending s. 812.175, F.S.; revising enforcement and fine provisions and establishing a Convenience Store Security Act Trust Fund; providing an effective date. Referred to the Committees on Commerce and Appropriations. HB 1483-A bill to be entitled An act relating to Hillsborough County; amending chapter 86-335, Laws of Florida; providing definitions; creating the Hillsborough Rivers Interlocal Planning Board; providing membership and terms; providing rule-making authority; providing for a quorum; expanding the jurisdiction of the Planning Board; providing for the development of master plans; providing legislative intent; changing the name of the Hillsborough River Technical Advisory Council to the Hillsborough Rivers Advisory Committee and conforming the name throughout the bill; providing for membership and terms; providing for a quorum; providing for payments of travel expenses by the Hillsborough County City-County Planning Commission; providing for rulemaking authority; requiring units of local government to provide notice of certain rezoning applications; providing for repeal of chapter 86-335, Laws of Florida, and any amendments thereto; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Natural Resources. By Representatives Hargrett, Corr, Glickman, Davis, Figg, Martinez, Rush- HB 1485-A bill to be entitled An act relating to Hillsborough County; amending chapter 84-447, Laws of Florida; revising the composition of the membership of the Tampa Port Authority; providing for the filling of vacancies; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Transportation. By Representatives Davis, Hargrett, Figg, Glickman, Corr, Martinez, By Representatives Davis, Hargrett, Figg, Glickman, Corr, Martinez, Rush- Rush- HB 1477-A bill to be entitled An act relating to Hillsborough County; repealing chapter 29130, Laws of Florida, Acts of 1953, as amended, pertaining to plats and platting of land in Hillsborough County; repealing chapter 57-1395, Laws of Florida, pertaining to conveying real property by metes and bounds description for the purpose or intent of avoiding compliance with the provisions of chapter 29130, Laws of Florida, Acts of 1953, as amended; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Judiciary. By Representatives Corr, Glickman, Davis, Hargrett, Figg, Martinez, Rush- HB 1479-A bill to be entitled An act relating to Hillsborough County; repealing section 1 of chapter 83-414, Laws of Florida, and section 1 of chapter 88-495, Laws of Florida, relating to the Hillsborough County Board of Criminal Justice; transferring its assets and liabilities to the Board of County Commissioners of Hillsborough County; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Criminal Justice. By Representatives Martinez, Corr, Glickman, Davis, Hargrett, Figg, Rush- HB 1481-A bill to be entitled An act relating to the City of Tampa, Hillsborough County; providing that any condition impairment of health of firefighters or police officers of the City of Tampa caused by tuberculosis, hypertension, heart disease, or hardening of the arteries resulting in disability or death shall be presumed to have been received in the service; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Employee & Management Relations. HB 1487-A bill to be entitled An act relating to Hillsborough County; amending chapter 80-510, Laws of Florida, relating to the Hillsborough County Hospital Authority; exempting certain records, meetings, and activities of the authority from s. 286.011, F.S., relating to public meetings and records, and from s. 119.07(1), F.S., relating to inspection of public records; providing for termination of these exemptions if certain events occur; authorizing the governing board of the hospital authority to enter into contracts for the purpose of attracting new or additional business for the authority; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Governmental Operations. By Representative Webster- HB 1489-A bill to be entitled An act relating to the State Highway System Access Management Act; amending s. 335.181, F.S.; revising language with respect to the policy and purpose of the act; amending s. 335.182, F.S.; revising language with respect to the regulation of connections to roads on the State Highway System; authorizing rather than requiring permits for certain connections; providing an increased timeframe for the adoption of certain rules; defining the term "significant change"; amending s. 335.1825, F.S.; revising language with respect to access permits; amending s. 335.184, F.S.; providing for the filing of applications for access permits in certain districts; amending s. 335.185, F.S.; revising language with respect to the expiration of access permits; amending s. 335.187, F.S.; revising language with respect to nonconforming access permits; prohibiting denial of access under certain circumstances; amending s. 335.188, F.S.; revising language with respect to access management standards and the access control classification system; amending s. 335.189, F.S.; providing for an additional requirement in agreements between the Department of Transportation and local authorities in interlocal agreements to carry out the provisions of the act; providing an effective date. Referred to the Committees on Transportation and Appropriations. 74 JOURNAL OF THE HOUSE By Representative Muscarella- HB 1491-A bill to be entitled An act relating to the Florida Healthy Kids Corporation Act; amending s. 624.91, F.S.; providing for staggered terms for the board of directors; revising language with respect to the Florida Healthy Kids Trust Fund; amending chapter 90-199, Laws of Florida; increasing the number of sites which shall be selected for implementation of the Florida Healthy Kids Corporation Pilot Program without prior approval of the Legislature; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representative Muscarella- HB 1493-A bill to be entitled An act relating to secured transactions; amending ss. 679.504, 679.506, F.S.; clarifying that a guarantor of the obligation secured under a secured transaction has the same rights as the debtor has to reasonable notice prior to sale or disposition of the collateral by the secured party after the debtor's default which right cannot be waived prior to default and to redeem the collateral prior to its sale or disposition by the secured party; providing an effective date. Referred to the Committee on Commerce. By Representative Sembler- HB 1495-A bill to be entitled An act relating to county fine and forfeiture funds; creating s. 142.031, F.S.; authorizing appointment of a special master to assist in enforcing delinquent fines, and providing procedure; amending ss. 125.01 and 129.02, F.S., relating to powers and duties of county commissioners and requisites of county budgets, to conform; providing an effective date. Referred to the Committee on Judiciary. By Representative Press- HB 1497-A bill to be entitled An act relating to wrongful death; repealing s. 768.21(8), F.S., relating to certain medical malpractice damages claims; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Sanderson- HB 1499-A bill to be entitled An act relating to declaratory judgments; amending s. 86.111, F.S.; providing that declaratory relief is not available with respect to property seized pursuant to provisions relating to contraband forfeiture; specifying the law that governs forum, content, procedure, and time for pleading with respect to such property; providing an effective date. Referred to the Committee on Judiciary. By Representative Hanson- HB 1501-A bill to be entitled An act relating to the Boca Raton Airport Authority; amending chapter 82-259, Laws of Florida; providing for appointment and removal of the member residing in the county by the county commission; providing for members continuing to serve until reappointed or having a successor appointed; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Transportation. By Representative Flagg- HB 1503-A bill to be entitled An act relating to Alachua County; amending chapter 90-496, Laws of Florida, known as the "Alachua County Boundary Adjustment Act"; providing for the effect of other laws; revising definitions of "Urban in Character" and "Urban Services"; extending the deadline for the designation of proposed reserve areas, and prohibiting the designation of a reserve area for any municipality which fails to perform certain duties; revising the criteria for designating reserve areas; providing that the requirements of this section do not apply to voluntary annexations; repealing section 10(2) of chapter 90-496, Laws of Florida, relating to the preparation and submission of a report in voluntary annexations; providing for conflict; providing severability; providing an effective date. March 7, 1991 E OF REPRESENTATIVES 75 Proof of publication of the required notice was attached. Referred to the Committee on Community Affairs. By Representatives Sanderson, Graber- HB 1505-A bill to be entitled An act relating to medical negligence actions; amending s. 766.102, F.S.; revising the requirements for a health care provider who is not a similar health care provider to testify as an expert for purposes of establishing a relative standard of care for categories and classifications of health care providers, by leaving "training" and "experience" but deleting "knowledge" as a qualifier; reenacting s. 766.104(1), F.S., relating to pleading, to incorporate said amendment in a reference thereto; providing an effective date. Referred to the Committee on Judiciary. By Representative Safley- HB 1507-A bill to be entitled An act relating to the regulation of marine events; amending s. 327.48, F.S.; requiring any person or organization directing the holding of a marine event to secure a permit from the Department of Natural Resources; specifying criteria for permits; providing a time limit; specifying exemptions from the permit requirement; providing penalties; authorizing the department to enter certain agreements; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Ritchie- HB 1509-A bill to be entitled An act relating to fire prevention and control; amending s. 633.021, F.S.; revising definitions; amending s. 633.025, F.S.; revising language with respect to minimum firesafety standards to provide reference to certain subsequently adopted editions of firesafety codes; amending s. 633.061, F.S.; providing that certain fees collected for licenses or permits with respect to fire extinguishers and preengineered systems shall be deposited into the Insurance Commissioner's Regulatory Trust Fund; amending s. 633.065, F.S.; revising language with respect to fire suppression equipment; amending s. 633.085, F.S.; deleting the requirement that the State Fire Marshal conduct performance tests on all components of electronic fire warning and smoke detection systems; amending s. 633.30, F.S.; redefining the term "firefighter"; amending s. 633.34, F.S.; requiring persons who desire to be initially employed as a firefighter to have a medical examination; amending s. 633.382, F.S.; revising the definition of the term "firefighter"; revising language with respect to qualifications for supplemental compensation; amending s. 633.539, F.S.; revising language with respect to fire protection systems; amending s. 633.701, F.S.; revising language with respect to fire alarm system equipment; providing an effective date. Referred to the Committees on Insurance, Finance & Taxation and Appropriations. By Representative Young- HB 1511-A bill to be entitled An act relating to educational facilities; creating s. 235.062, F.S.; exempting school boards from payment of inspection or certification fees imposed by public agencies for safety or sanitation inspections; amending s. 235.26, F.S.; specifying the fees associated with construction from which school boards are exempt; providing an effective date. Referred to the Committees on Public Schools, Finance & Taxation and Appropriations. By Representatives Lippman, Daryl Jones, Abrams, Gordon, Rudd- HB 1513-A bill to be entitled An act relating to midwifery; amending s. 409.266, F.S.; authorizing Medicaid reimbursement for midwifery services; amending s. 467.002, F.S.; modifying legislative intent relating to licensure of midwives; amending s. 467.003, F.S.; modifying definitions; amending s. 467.004, F.S.; renaming the Advisory Council of Lay Midwifery; creating ss. 467.0065 and 467.0075, F.S.; providing for continued licensure by examination or by endorsement; amending s. 467.009, F.S.; modifying training requirements; requiring the Department of Health and Rehabilitative Services to facilitate access to hospital training; amending s. 467.015, F.S.; authorizing certain collaboration with 76 JOURNAL OF THE HOUSE physicians; requiring the State Health Officer to ensure the exchange of certain information; amending s. 467.205, F.S.; providing for midwifery programs in community colleges; amending s. 627.351, F.S.; including midwives in provisions relating to medical malpractice risk apportionment; providing intent to transfer regulation of midwives to the Department of Professional Regulation; repealing s. 467.006, F.S.; deleting restrictions upon the licensure of midwives; providing for review and repeal; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representative Hoffmann- HB 1515-A bill to be entitled An act relating to the "Florida Clean Indoor Air Act"; amending s. 386.202, F.S.; revising legislative intent to provide that the state code regulating smoking in public places and at public meetings is a minimum rather than a maximum code; revising a reference; amending s. 386.209, F.S.; revising state preemption provisions to allow counties, municipalities, and any other local governing bodies to enact requirements equivalent to or more stringent than those of the state; revising a reference; amending ss. 386.201, 386.203, and 386.205, F.S.; revising a reference; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representative Irvine- HB 1517-A bill to be entitled An act relating to medical practice; creating s. 458.3255, F.S.; providing that the piercing of human ears, other than the ear lobes, shall be considered a medical practice and shall only be performed by a licensed physician; providing an effective date. Referred to the Committees on Regulatory Reform and Appropriations. By Representatives Mims, Wise, Flagg, Chestnut- HB 1519-A bill to be entitled An act relating to child labor; amending s. 450.012, F.S.; revising definitions; amending s. 450.021, F.S.; revising provisions relating to the minimum age for employment; amending s. 450.045, F.S.; deleting provisions relating to proof of age; providing requirements for work permits, notice of child labor laws, and posting of work schedules; amending s. 450.061, F.S.; revising provisions relating to prohibited hazardous occupations; amending s. 450.081, F.S.; revising provisions relating to hours of work which are permitted; amending s. 450.121, F.S.; revising provisions relating to the enforcement of the Child Labor Law by the Division of Labor, Employment, and Training; amending s. 450.132, F.S.; providing requirements for employment of children by the entertainment industry; requiring employers or agents to obtain permits and providing for fees; requiring minors to obtain work permits; providing restrictions on hours of work; providing requirements for teachers; amending s. 450.141, F.S.; providing penalties; creating s. 450.155, F.S.; creating the Child Labor Law Trust Fund and providing for uses of funds; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. By Representative Flagg- HB 1521-A bill to be entitled An act relating to Alachua County; repealing chapter 63-1097, Laws of Florida, relating to peddlers' and solicitors' licenses; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Community Affairs. By Representatives Arnall, K. Smith, Irvine- HR 1541-A resolution commemorating Lieutenant Duane E. Stenbak, Lieutenant Craig E. Lerner, Lieutenant Paul E. Perlt, and Aviation Electronics Technician First Class Matthew H. Baker of the United States Coast Guard. Referred to the Committee on Rules & Calendar. By Representatives Lawson, Rudd- HR 1593-A resolution commending Dr. Bernard F. Sliger as president of Florida State University. Referred to the Committee on Rules & Calendar. I E OF REPRESENTATIVES March 7, 1991 By Representative King- HR 1645--A resolution commemorating the bravery and courage of the United States Armed Forces on the allied victory in the Persian Gulf. Referred to the Committee on Rules & Calendar. By Representative Hanson- HR 1723-A resolution commending Boca Raton Police Chief Peter A. Petracco and the Boca Raton Police Department. Referred to the Committee on Rules & Calendar. By Representative Hoffmann- HR 1795-A resolution recognizing the week of October 19-26, 1991, as Red Ribbon Week for the purpose of encouraging persons to display opposition to illegal drug use by wearing a red ribbon. Referred to the Committee on Rules & Calendar. By Representative Thomas- HR 1819-A resolution commending Dr. Carl N. Reilly for his accomplishments. Referred to the Committee on Rules & Calendar. By Representative Safley- HR 1941-A resolution in support of the Florida panther captive breeding and reintroduction program. Referred to the Committee on Rules & Calendar. By the Committee on Ethics & Elections and Representatives Goode, Johnson, Crady, Kelly, Wallace, Burke, Mackenzie, Clemons, K. Smith, Muscarella- HB 2251-A bill to be entitled An act relating to elections; amending s. 106.011, F.S.; redefining "independent expenditure"; amending s. 106.021, F.S.; clarifying that candidates for the office of Governor and Lt. Governor are considered a single candidate for the purpose of appointing a campaign treasurer and designating a campaign depository; amending s. 106.04, F.S.; excluding interest income from the percentage requirement for qualification of committees of continuous existence; amending s. 106.08, F.S.; revising the limitations on contributions to candidates and political committees; providing that limitations on contributions apply separately to the first and second primary and general elections only if a candidate for the office sought is opposed in that particular election; providing a separate limit on contributions by minors; providing for the application of the contribution limits to two or more entities considered as a single entity in certain circumstances; providing penalties; reenacting ss. 106.04(5), 106.075(2), 106.19(1)(a), and 106.29(4), F.S., relating to contributions by committees of continuous existence, contributions to pay loans, penalty for acceptance of contributions in excess of limits, and contributions by executive committees, to incorporate the amendment to s. 106.08, F.S., in references thereto; creating s. 106.081, F.S.; prohibiting certain contributions during legislative sessions for certain candidates; providing exceptions; providing a penalty; creating s. 106.085, F.S.; requiring persons or groups making certain independent expenditures on behalf of or in opposition to any candidate to give notice thereof; providing a penalty; amending s. 106.11, F.S.; removing the requirement that "thank you" advertising must be placed in the communications media to be a qualified expenditure after a candidate withdraws, becomes unopposed, or is eliminated or elected; amending s. 106.141, F.S.; providing an additional method for the disposition of surplus funds; amending s. 106.143, F.S.; requiring political advertisements to include a disclaimer for certain candidates for statewide office who elect not to participate in election campaign financing; providing additional requirements for electronically recorded political advertisements; providing a penalty; amending s. 106.15, F.S.; prohibiting acceptance of campaign contributions in buildings owned by a governmental entity; providing an exception; providing a penalty; amending s. 106.25, F.S., relating to confidentiality of complaints filed with the Florida Elections Commission, to provide that complainants are not bound thereby; amending s. 106.32, F.S.; providing for deposit into the Election Campaign Financing Trust Fund of funds from an additional service charge on income of a revenue nature deposited in certain trust JOURNAL OF THE HOUSI funds; amending s. 106.33, F.S.; revising election campaign financing eligibility provisions; amending s. 106.34, F.S.; revising the expenditure limits for candidates for Governor and Lt. Governor or Cabinet officer who accept contributions from the Election Campaign Financing Trust Fund; amending s. 106.35, F.S.; revising election campaign financing provisions relating to reporting and to certification and distribution of funds, including matching requirements; providing rulemaking authority; creating s. 106.353, F.S.; requiring candidates voluntarily abiding by election campaign financing limits but not requesting public funds to file an irrevocable statement to that effect with the Secretary of State; providing a penalty; creating s. 106.355, F.S.; providing for release from the expenditure limits when opposing nonparticipating candidates exceed the limits; amending s. 106.36, F.S., to conform; amending s. 215.20, F.S.; specifying trust funds from which a deduction for the cost of general government shall be made, for deposit in the General Revenue Fund; providing that a deduction from specified trust funds shall be deposited in the Election Campaign Financing Trust Fund rather than the Agency Budget Sunset Trust Fund; providing a limitation; eliminating the future review and repeal of said deduction; amending s. 215.22, F.S.; specifying the income and trust funds exempt from the deduction for the General Revenue Fund; amending s. 215.23, F.S., to conform; amending ss. 200.132, 206.60, 206.875, 206.879, 206.9845, 206.9945, 210.20, 212.06, 212.69, 319.32, 325.214, and 624.506, F.S.; conforming language relating to various revenues and trust funds; providing effective dates. Referred to the Committees on Finance & Taxation and Appropriations. By Representative King- HR 2253-A resolution commemorating the bravery and courage of the United States Armed Forces on the allied victory in the Persian Gulf. Referred to the Committee on Rules & Calendar. First Reading of Committee Substitutes by Publication By the Committee on Criminal Justice and Representative Cosgrove- CS/HB 119-A bill to be entitled An act relating to offenses involving mass transit vehicles and mass transit facilities; amending s. 812.015, F.S.; providing definitions; revising language regarding retail and farm theft; providing that a transit security guard may take into custody and detain a person upon probable cause to believe that such person has committed transit fare evasion; providing that a law enforcement officer may arrest, without warrant, a person for transit fare evasion upon probable cause; providing immunity from liability; amending s. 810.08, F.S., relating to trespass in a structure or conveyance; providing definitions; providing that a transit security guard may take into custody and detain a person upon probable cause to believe that such person has committed or is committing trespass in a mass transit vehicle or mass transit facility; providing immunity from liability; amending s. 810.09, F.S., relating to trespass on property other than a structure or conveyance; providing definitions; providing that a transit security guard may take into custody and detain a person upon probable cause to believe that such person has committed or is committing trespass upon a mass transit facility; providing immunity from liability; providing an effective date. By the Committee on Veterans & Military Affairs & Emergency Preparedness and Representatives Graham, Reddick, Sindler, Jennings, Bainter, Bronson, Rudd, Stone, K. Smith, Mishkin- CS/HB 331-A bill to be entitled An act relating to ad valorem tax exemptions; amending s. 196.081, F.S., which provides an exemption for the homestead of a totally and permanently disabled veteran; specifying March 7, 1991 E OF REPRESENTATIVES 77 that said section applies to both male and female veterans; providing that such veteran's widow or widower may transfer the exemption to another residence under certain circumstances; providing an effective date. Reports of Standing Committees The Committee on Appropriations recommends the following pass: CS/HB 417 (fiscal note attached) HB 883, with 3 amendments (fiscal note attached) The above bills were placed on the Calendar. The Committee on Community Affairs recommends the following pass: HB 989 The Committee on Criminal Justice recommends the following pass: HB 309 HB 459, with 2 amendments The above bills were referred to the Committee on Appropriations. The Committee on Criminal Justice recommends a committee substitute for the following: HB 119 The above committee substitute was referred to the Committee on Appropriations and, under the rule, HB 119 was laid on the table. The Committee on Veterans & Military Affairs & Emergency Preparedness recommends a committee substitute for the following: HB 331 The above committee substitute was referred to the Committee on Finance & Taxation and, under the rule, HB 331 was laid on the table. Co-sponsors HB 45-Corr, Reddick, Kelly HB 47-Reddick, Kelly HB 141-Flagg HB 275-Reddick, Chestnut, Diaz-Balart HJR 277-Reddick, Kelly HB 297-Clark, Pruitt HB 347-Rojas, Banjanin HB 445-Bainter HB 519-Graham, Chinoy HB 521-Reddick, Healey, Kelly HB 539-Abrams, Young HB 553-Kelly, Reddick, Healey, Mackenzie, Sanderson HB 559-Hawkes, Sembler, Arnall HB 563-Starks, Arnall HB 645-K. Smith HB 657-Arnall HB 751-Cosgrove HB 779-Cosgrove, Graham HB 781-Bainter HB 835-Arnold HB 917-Rush, Sembler, Arnall, Chinoy, Harris, Jennings, K. Smith, Graham, Hoffmann, Diaz-Balart HB 997-Jennings HB 1033-Mackenzie HB 1085-Peeples HB 1165-Sanderson, Sembler, Corr, Feeney HB 1431-Logan "" The JournalOF THE House of Representatives Number 4 Friday, March 8, 1991 The House was called to order by the Speaker at 8:30 a.m. Prayer The following prayer was offered by Dr. Robert E. Reccord, Bell Shoals Baptist Church, Brandon, upon invitation of Representative Corr: Thank you, Mr. Speaker and Members of the House, friends and family. I would ask that we start this morning before a time of prayer with a time of silence for one of your colleagues, Representative Dennis Jones, and his family, who have a daughter who is very critically ill with leukemia, even now, in the Tampa area. I would ask for the privilege of just beginning with a time of quiet prayer for them. If you would, please join me and bow our heads and our hearts before the Lord. (moment of silence) Dear Lord, our hearts are somewhat heavy on behalf of a colleague of all these who are gathered here today and for the Jones family. We pray Your sustaining grace and Your very aware presence. This morning also we would thank You and we would praise Your Name for the peace which You brought as our country has recently spearheaded Desert Storm. Now, in anticipation, Lord God, we thank You and pray for the family members and the friends as even now they are returning home. May their travel be safe and protected by Your providential hand. We also thank You for the men and the women who have met here today, having been elected by their peers, to lead our state through the troubled and challenging waters of our day. May each one of these who are here realize the trust placed within their hands by those who elected them. And we pray protective guidance and a peace that passes understanding for the family members of those who are legislators here as they work through the stresses and demands that this office brings naturally. As this legislative session deals with multiple demands, Lord, of health care, and banking, and taxation among so many others, we ask that You keep each one's mind free from the atrophy that is caused by endless details at times and give them wings to get to the point. Grant each person the grace to listen to the other's perspective and to endure with patience the multiple demands that stretch them outside comfort zones. Grant each of us the grace to lead and the power to follow when required. May we consider the other person even more important than ourselves and look first to the betterment of those around us. In closing, Lord God, may each of us here be thoughtful, but never moody; helpful, but never pushy; confident, but never arrogant. As this Legislature seeks the best for the people, may they simultaneously be led in what is also in accordance with Your divine providence, Lord. Thank You for the privilege of serving rather than just being served. In our Lord's Name we pray. Amen. The following Members were recorded present: The Chair Abrams Albright Arnall Arnold Ascherl Bainter Banjanin Bloom Boyd Brennan Bronson Brown Burke Chestnut Chinoy Clark Clemons Corr Cosgrove Crady Davis Deutsch Diaz-Balart Feeney Figg Flagg Foley Frankel Friedman Garcia Geller Glickman Goode Gordon Graber Graham Grindle Guber Gutman Hafner Hanson Harden Hargrett Harris Hawkes Hawkins Healey Hill Hoffmann Holland Holzendorf Huenink Irvine Jamerson Jennings Johnson Jones, C. F. Jones, Daryl Kelly King Langton Laurent Lawson Lewis Liberti Lippman Logan Lombard Long Mackenzie Mackey Martinez McEwan 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 Excused: Representative Dennis Jones, due to family illness; Representative Mims, due to district business; Representative De Grandy, due to a prior engagement; Representative Ireland, until 9:30 a.m., due to a press conference regarding the Task Force on Abuse, Neglect and Exploitation. A quorum was present. Pledge The Members, led by Mr. William Woodroffe, pledged allegiance to the Flag. He served at the invitation of Speaker Wetherell and attends St. Mary's Episcopal School in Tampa. House Physicians The Speaker announced that Representative Thomas was serving as Doctor of the Day. Dr. Ross Tucker, of Jacksonville, served in the Clinic on March 6. Dr. Emmet F. Ferguson, Jr., of Jacksonville, served in the Clinic on March 7 at the invitation of Representative Langton. The Journal The Journal of November 20, 1990, Organization Session was corrected and approved as follows: On page 2, to quorum call, add: Albright, Hanson, Liberti, Mortham, Muscarella, Safley, Silver, Simon, Wetherell 78 A digest of today's Chamber action appears on page 90 The Journal of January 22, 1991, Special Session "B", was corrected and approved as follows: On page 53, column 2, after line 8, insert "Be It Resolved by the House of Representatives of the State of Florida:" The Journal of March 5 was corrected and approved as follows: On page 67, under CS/HB 93, column 2, line 9 from bottom, strike "Food," and insert "Food and"; on page 68, column 1, line 3 from top, strike "intent," and insert "intent and"; in column 1, line 9 from top, strike "Agriculture," and insert "Agriculture and"; in line 10 from top, strike "council, the terms thereof," and insert "council and the terms thereof and"; on line 11 from top, strike "per diem," and insert "per diem and"; in line 12 from top, strike "per diem," and insert "per diem and"; 79 On motion by Rep. Johnson, Chairman, agreed to by two-thirds vote, HRs 179, 181 and 2253 were withdrawn from the Committee on Rules & Calendar and placed on the Calendar. On motion by Rep. McEwan, HB 1179 was withdrawn from further consideration of the House. Special and Continuing Orders CS/HB 201-A bill to be entitled An act relating to citrus; amending s. 601.04, F.S.; changing the appointment date for members of the Florida Citrus Commission; amending s. 601.091, F.S.; defining the "Gulf" production area; providing an effective date. The Journals of March 6 and 7 were corrected and, as corrected, were -was read the second time by title and, under Rule 8.19, referred to the approved. Engrossing Clerk. Report of the Committee on Rules & Calendar Special and Continuing Order Calendar The Honorable T. K. Wetherell Speaker, House of Representatives March 7, 1991 Sir: Your Committee on Rules & Calendar herewith submits as the Special and Continuing Order Calendar under Rule 8.15 beginning Friday, March 8, 1991, consideration of the following bills: CS/HB 201-Fla. Citrus Code/Gulf Area CS/HB 257-Agriculture & Consumer Service Department HB 373-Housing Authorities/Members CS/HB 417-Public Officers & Employees/Ethics HB 571-Certain Professions/Sunset Date HB 603-Fla. Endowment Trust Fund/Sundown HB 573-Health Care Records (Open Government Sunset Review) HB 575-Blind or Hearing Impaired (Open Government Sunset Review) HB 1841-Legislative Review and Repeal HB 883-Handguns/3-day Waiting Period A quorum of the Committee was present in person, and a majority of those present agreed to the above Report. Respectfully submitted, Bolley L. Johnson, Chairman On motion by Rep. Johnson, the rules were waived and the above report was adopted. Motions Relating to Committee References On point of order by Rep. Saunders, Chairman, that they do not affect appropriations, the following bills were withdrawn from the Committee on Appropriations and placed on the Calendar: HBs 567, 569, 605, 881 and 1167. On point of order by Rep. Abrams, Chairman, that it does not affect taxation, the following bill was withdrawn from the Committee on Finance & Taxation and remains referred to the Committee on Appropriations: CS/HB 253. On motion by Rep. Figg, Chairman, without objection, HB 607 was referred further to the Committee on Governmental Operations and remains referred to the Committee on Appropriations. On motion by Rep. Martinez, Chairman, without objection, HB 95 was withdrawn from the Committee on Criminal Justice and referred to the Committee on Corrections. On motion by Rep. Hargrett, Chairman, HBs 465 and 1077 were referred also to the Committee on Employee & Management Relations and remain referred to the Committee on Appropriations. On motion by Rep. Starks, HB 647 was withdrawn from further consideration of the House. On motion by Rep. Mitchell, HB 1213 was withdrawn from further consideration of the House. CS/HB 257-A bill to be entitled An act relating to the Department of Agriculture and Consumer Services; amending s. 504.31, F.S.; revising the membership of the organic food advisory council and the terms thereof and eliminating per diem and travel expense allowances; amending s. 570.541, F.S.; eliminating per diem and travel expense allowances for members of the Racing Quarter Horse Advisory Council; providing an effective date. -was read the second time by title and, under Rule 8.19, referred to the Engrossing Clerk. HB 373-A bill to be entitled An act relating to housing authorities; amending s. 421.05, F.S.; providing that the specification of the number of members of a housing authority applies regardless of the date of creation of the housing authority; providing an effective date. -was read the second time by title and, under Rule 8.19, referred to the Engrossing Clerk. CS/HB 417-A bill to be entitled An act relating to public officers, candidates for public office, and public employees; amending s. 112.312, F.S.; providing additional definitions for purposes of the code of ethics for public officers and employees and s. 8, Art. II, State Const.; amending s. 112.313, F.S.; including provisions regulating representation before certain agencies by legislators, statewide elected officers, and agency employees, and standards of conduct for legislators and legislative employees; removing provisions relating to disclosure of certain specified interests by public officers and employees and candidates for public office; revising an exemption from the prohibition against doing business with one's own agency or entering into a conflicting employment relationship and providing additional exemptions; repealing s. 112.3141, F.S., relating to representation before certain agencies by legislators, statewide elected officers, and agency employees, and standards of conduct for legislators and legislative employees; amending s. 112.3143, F.S.; revising provisions relating to voting conflicts and disclosure with respect thereto; amending s. 112.3145, F.S.; requiring certain officers, candidates, and employees who hold a specified relationship with certain business entities to file a disclosure statement as part of their financial disclosure statement; amending ss. 112.3146, 112.3147, and 112.3148, F.S.; correcting references; amending s. 112.317, F.S.; prescribing penalties for violating the code of ethics or s. 8, Art. II, State Const., relating to ethics in government; providing for civil actions to recover certain penalties; amending s. 112.320, F.S.; specifying that the Commission on Ethics is the commission provided for in s. 8, Art. II, State Const.; amending s. 112.322, F.S.; prescribing investigatory and other powers and duties of the commission with respect to a sworn complaint of a breach of the public trust; providing for issuance of advisory opinions by the commission; authorizing the commission to delegate the authority to administer oaths and issue and serve subpoenas; authorizing the commission to make rules; creating s. 112.3231, F.S.; providing time limitations for filing sworn complaints of violation with the commission; amending s. 112.324, F.S.; modifying procedures on complaints of violations of part III, ch. 112, F.S., or s. 8, Art. II, State Const.; designating proper disciplinary officials; specifying conditions under which the commission may dismiss a complaint; providing an effective date. -was read the second time by title. Representative Hawkins offered the following amendment: On motion by Rep. Tobiassen, without objection, HB 223 was withdrawn Amendment 1-On page 9, line 27, strike "Subsection (9)" and insert: from further consideration of the House. Subsections (9) and (13) March 8, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES JOURNAL OF THE HOUSE OF REPRESENTATIVES Rep. Hawkins moved the adoption of the amendment. During consideration thereof, without objection, the amendment was withdrawn. Representative Glickman offered the following amendment: Amendment 2-On page 15, line 5, and on page 16, line 8, after "officer" insert:, or of any creditor to whom he is indebted in an amount exceeding $10,000 Rep. Glickman moved the adoption of the amendment. Pending consideration thereof, without objection, further consideration of the amendment was temporarily deferred. Subsequently, without objection, the amendment was withdrawn. Representative Thomas offered the following amendment: Amendment 3-On page 2, line 31, insert: Section 1. Subsections (1), (2), (3), and (4) of section 112.3148, Florida Statutes, as amended by chapter 90-502, Laws of Florida, are amended, and paragraph (f) is added to subsection (8) of said section, to read: 112.3148 Reporting and prohibited receipt of gifts by reporting individuals, designated individuals, filing full or limited public disel'eur ef financial interests and procurement employees.- (1) The provisions of this section do not apply to gifts solicited or accepted by a reporting individual, designated individual, or procurement employee from a relative. (2) As used in this section: (a) "Immediate family" means any parent, spouse, child, or sibling. (b) "Lobbyist" means any natural person who, for compensation, seeks, or sought during the preceding 12 months, to influence the governmental decisionmaking of a reporting individual or procurement employee or his agency or seeks, or sought during the preceding 12 months, to encourage the passage, defeat, or modification of any proposal or recommendation by the reporting individual or procurement employee or his agency. With respect to an agency that has established, by rule, ordinance, or law, a registration or other designation process for persons seeking to influence decisionmaking or to encourage the passage, defeat, or modification of any proposal or recommendation by such agency or an employee or official of the agency, the term "lobbyist" includes only a person who is required to be registered or otherwise designated as a lobbyist in accordance with such rule, ordinance, or law or who was during the preceding 12 months required to be registered or otherwise designated as a lobbyist in accordance with such rule, ordinance, or law. (c) "Person" includes individuals, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. (d) "Reporting individual" means any individual who is required by law, pursuant to s. 8, Art. II of the State Constitution or s. 112.3145, to file full or limited public disclosure of his financial interests, except designated individuals as defined in paragraph (f). (e) "Procurement employee" means any employee of an officer, department, board, commission, or council of the executive branch or judicial branch of state government, except designated individuals as defined in paragraph (f), who participates through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, or auditing or in any other advisory capacity in the procurement of contractual services or commodities as defined in s. 287.012, if the cost of such services or commodities exceeds $1,000 in any year. (f) "Designated individual" means the Governor, Lieutenant Governor, any member of the Cabinet, any member of the Legislature, any circuit court judge, any county court judge, or any member of the Senior Management Service. (3) A reporting individual, designated individual, or procurement employee is prohibited from soliciting any gift, food, or beverage from a political committee or committee of continuous existence, as defined in s. 106.011, or from a lobbyist who lobbies the reporting individual's, designated individual's, or procurement employee's agency, or the partner, firm, employer, or principal of such lobbyist, where such gift, food, or beverage is for the personal benefit of the reporting individual, designated individual, or procurement employee, another reporting individual, designated individual, or procurement employee, or any member of the immediate family of a reporting individual, designated individual, or procurement employee. (4)(a) A reporting individual or procurement employee or any other person on his behalf is prohibited from knowingly accepting, directly or indirectly, a gift from a political committee or committee of continuous existence, as defined in s. 106.011, or from a lobbyist who lobbies the reporting individual's or procurement employee's agency, or directly or indirectly on behalf of the partner, firm, employer, or principal of a lobbyist, if he knows or reasonably believes that the gift has a value in excess of $100; however, such a gift may be accepted by such person on behalf of a governmental entity or a charitable organization. If the gift is accepted on behalf of a governmental entity or charitable organization, the person receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift. (b) A designated individual or any other person on his behalf is prohibited from knowingly accepting, directly or indirectly, any gift from any person or entity, other than a relative. However, such persons may accept, on behalf of a governmental entity as specified in this paragraph, a tangible gift which can be transferred to that entity under the conditions specified in this paragraph. The Governor, Lieutenant Governor, a member of the Cabinet, a member of the Legislature, or member of the Senior Management Service may accept such gift on behalf of the state; a circuit court judge may accept such gift on behalf of the judicial circuit; and a county court judge may accept such gift on behalf of the county. Such individuals may retain temporary possession of such gifts for a period of no longer than 1 year; at the end of that period the gift shall be transferred to the state, judicial circuit, or county, as appropriate. A designated individual who wishes to retain possession of a gift for a period of longer than I year may apply in writing to the person specified in this paragraph for permission to do so, and that person may grant an extension of the period of possession at his discretion. The Governor, Lieutenant Governor, and members of the Cabinet shall apply to the Executive Director of the Department of General Services; members of the House of Representatives shall apply to the Speaker of the House of Representatives; members of the Senate shall apply to the President of the Senate; circuit court judges shall apply to the chief administrative officer of the judicial circuit; county court judges shall apply to the chief administrative officer of the county; and members of the Senior Management Service shall apply to the head of the agency by which they are employed. (8) (f) Each designated individual shall file a statement with the Secretary of State on the last day of each calendar quarter, for the previous calendar quarter, containing a list of gifts which he has accepted on behalf of a governmental entity under the terms specified in paragraph (4)(b). The statement shall include a description of the gift; the monetary value of the gift; the name and address of the person making the gift; the dates thereof; and the governmental entity for which the gift was accepted. If any of these facts, other than the gift description and the name of the governmental entity, are unknown or not applicable, the report shall so state. The statement shall also include a copy of any receipt for such gift provided to the designated individual by the donor. The statement shall be sworn to by the designated individual as being a true, accurate, and total listing of all such gifts. If a designated individual has not received any such gifts during a calendar quarter, he is not required to file a statement under this paragraph for that calendar quarter. (renumber subsequent sections) Rep. Thomas moved the adoption of the amendment. During consideration thereof, without objection, the amendment was withdrawn. On motion by Reps. Johnson and Lombard, the rules were waived by two-thirds vote and CS/HB 417 was read the third time by title. On passage, the vote was: 80 March 8, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES Yeas-115 The Chair Abrams Albright Arnall Arnold Ascherl Bainter Banjanin Bloom Boyd Brennan Bronson Brown Burke Chestnut Chinoy Clark Clemons Corr Cosgrove Crady Davis Deutsch Diaz-Balart Feeney Figg Flagg Foley Frankel Friedman Garcia Geller Glickman Goode Gordon Graber Graham Grindle Guber Gutman Hafner Hanson Harden Hargrett Harris Hawkes Hawkins Healey Hill Hoffmann Holland Holzendorf Huenink Irvine Jamerson Jennings Johnson Jones, C. F. Jones, Daryl Kelly King Langton Laurent Lawson Lewis Liberti Lippman Logan Lombard Long Mackenzie Mackey Martinez McEwan 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 Nays-None Votes after roll call: Yeas-Ireland So the bill passed. Subsequently, on motion by Rep. Johnson, the rules were waived and the bill was immediately certified to the Senate. HB 571-A bill to be entitled An act relating to Sunset review and repeal; amending chapters 87-394, 86-265, 86-284, 86-256, 86-291, 86-223, 86-119, and 86-292, Laws of Florida; rescheduling Sunset review and repeal of provisions relating to asbestos contractors and consultants, acupuncture, nursing, pharmacy, dentistry, nursing home administrators, auctioneers, and talent agencies; providing an effective date. -was read the second time by title and, under Rule 8.19, referred to the Engrossing Clerk. HB 603-A bill to be entitled An act relating to the Florida Endowment Trust Fund for Eminent Scholars Act; saving s. 240.257 (6)(c), F.S., relating to committees to process eminent scholar applications, from Sundown repeal; providing an effective date. -was read the second time by title and, under Rule 8.19, referred to the Engrossing Clerk. HB 573-A bill to be entitled An act relating to confidentiality of records relating to health care; amending ss. 400.145, 407.02, 407.31, and 409.7015, F.S., which provide exemptions from public records requirements for certain records of nursing homes, hospitals, and the Florida Health Access Corporation; saving such exemptions from repeal; providing for future review and repeal; amending s. 409.266, F.S., which provides an exemption from public records requirements for the Department of Health and Rehabilitative Services with respect to certain information relating to Medicaid providers; saving such exemption from repeal; providing for future review and repeal; removing the exemption for certain information relating to prepaid health care plan premium determination; reenacting s. 409.2664(1)(g) and (2)(a), F.S., which provide exemptions from public records requirements for certain patient records examined by the Auditor General; saving such exemptions from repeal; providing an effective date. HB 575-A bill to be entitled An act relating to confidentiality of records relating to the blind or hearing impaired; amending s. 413.011, F.S.; creating an exemption from public records requirements for the register of the blind maintained by the Division of Blind Services; amending ss. 413.012 and 427.506, F.S., which provide exemptions from public records requirements for certain records of the division and the Florida Council for the Hearing Impaired; clarifying such exemptions and saving such exemptions from repeal; providing for future review and repeal; authorizing release of certain information by the division under certain circumstances; providing an effective date. -was read the second time by title and, under Rule 8.19, referred to the Engrossing Clerk. HB 1841-A bill to be entitled An act relating to legislative review and repeal; rescheduling Sunset review and repeal of specified chapters and parts of chapters from October 1, 1991, to October 1, 1992; rescheduling Sundown review and repeal of specified sections and parts of chapters from October 1, 1991, to October 1, 1992; rescheduling repeal and expiration dates of other specified provisions in Florida Statutes and chapter laws from 1991 to 1992; providing an effective date. -was read the second time by title. The Committee on Rules & Calendar offered the following amendment: Amendment 1-On page 8, line 20, strike "Section 31." and insert "Section 33."; on page 8, line 24, strike "Section 32." and insert "Section 31."; on page 8, line 30, strike "Section 33." and insert "Section 32."; on page 9, line 7, strike "Section 34." and insert "Section 33."; on page 9, line 12, strike "Section 35." and insert "Section 34."; on page 11, line 1, strike "Section 36." and insert "Section 35."; on page 11, line 24, strike "Section 37." and insert "Section 36."; on page 11, line 29, strike "Section 38." and insert "Section 37.", and on page 12, line 4, strike "Section 39." and insert: Section 38. Rep. Tobin moved the adoption of the amendment, which was adopted. Under Rule 8.19, the bill was referred to the Engrossing Clerk. HB 883-A bill to be entitled An act relating to firearms; creating s. 790.0655, F.S.; implementing a mandatory 3-day waiting period between retail purchase and delivery of any handgun; providing definitions; providing exceptions; providing criminal penalties; providing an effective date. -was read the second time by title. The Committee on Appropriations offered the following amendment: Amendment 1-On page 1, line 31, through page 2, line 4, strike all of said lines and insert: one hand, such as a pistol or revolver. "Retailer" means and includes every person engaged in the business of making sales at retail or for distribution, or use, or consumption, or storage to be used or consumed in this state, as defined in Section 212.02(14). Rep. Silver moved the adoption of the amendment. Representatives McEwan, Tobiassen, Sembler and Bronson offered the following amendment to the amendment: Amendment 1 to Amendment 1-On page 1, line 16, after "212.02(14)" insert:; provided that the term "retailer" does not include any person selling or trading guns at a gun show Rep. McEwan moved the adoption of the amendment to the amendment. Without objection, further consideration of Amendment 1 to Amendment 1 and Amendment 1 were temporarily deferred. Subsequently, the question recurred on the adoption of Amendment 1 to Amendment 1, which failed of adoption. The question recurred on the adoption of Amendment 1, which was adopted. The Committee on Appropriations offered the following amendment: Amendment 2-On page 1, line 28, strike the word "sale" Rep. Silver moved the adoption of the amendment, which was adopted. -was read the second time by title and, under Rule 8.19, referred to the The Committee on Appropriations offered the following title Engrossing Clerk. amendment: March 8, 1991 81 JOURNAL OF THE HOUSE OF REPRESENTATIVES Amendment 3-On page 1, line 2, strike the word "firearms" and -was read the second time by title. On motion by Rep. Cosgrove, the insert: handguns resolution was adopted. Rep. Silver moved the adoption of the amendment, which was adopted without objection. Under Rule 8.19, the bill was referred to the Engrossing Clerk. On motion by Rep. Johnson, the rules were waived and the House advanced to the order of- Resolutions and Memorials on Second Reading HR 179-A resolution commemorating the 75th Anniversary of the Greater Homestead/Florida City Chamber of Commerce. WHEREAS, the various chambers of commerce in the state serve a vital function in the communities in which they have been established and have contributed a great deal to the growth and history of our state, and WHEREAS, the history of early South Florida can be seen in the growth of the Greater Homestead/Florida City Chamber of Commerce, and giants in the development of the state such as Henry Flagler were involved and interested in the development of the chamber, and WHEREAS, the progression of the Greater Homestead/Florida City Chamber of Commerce from its establishment 75 years ago until today was affected by all the historic events of that time period, from depressions, to wars, to periods of wild growth and speculation, and WHEREAS, during its 75-year span of existence, the Greater Homestead/Florida City Chamber of Commerce has always been in the forefront of development and growth for the business community and for the economic well-being of the citizens of the area, NOW, THEREFORE, Be It Resolved by the House of Representatives of the State of Florida: That the House of Representatives of the State of Florida joins the citizens of South Florida in commemorating the 75th anniversary of the founding of the Greater Homestead/Florida City Chamber of Commerce and wishes the chamber a long and prosperous future. -was read the second time by title. On motion by Rep. Cosgrove, the resolution was adopted. HR 181-A resolution recognizing the creation of the Greater South Dade/South Miami Chamber of Commerce. WHEREAS, the various chambers of commerce in this state serve a vital and evolving role in the cities of our state, and WHEREAS, on October 1, 1990, Dade County's fastest-growing suburban region, bounded by the northern city limits of South Miami, SW 248th Street, Biscayne Bay, and the Florida Everglades gave birth to a new "Super Chamber," the Greater South Dade/South Miami Chamber of Commerce, and WHEREAS, the birth of this new chamber, which reflects the combination of the South Miami-Kendall Area Chamber of Commerce and the Greater South Dade Chamber of Commerce, signals an exciting new era in business involvement and leadership in the South Dade Community, and WHEREAS, the function of the new chamber will be to serve as a catalyst for the community, developing projects and providing opportunities for the residents of the area, and WHEREAS, the creation of the "Super Chamber" would not have been possible without the superlative work done by the South Miami-Kendall Area Chamber of Commerce and the Greater South Dade Chamber of Commerce in providing the leadership and cooperation necessary for the formation of the Greater South Dade/South Miami Chamber of Commerce, NOW, THEREFORE, Be It Resolved by the House of Representatives of the State of Florida: That the House of Representatives joins the citizens of Dade County in recognizing the creation of the Greater South Dade/South Miami Chamber of Commerce and salutes the efforts of the South Miami-Kendall Area Chamber of Commerce and the Greater South Dade Chamber of Commerce in the formation of the new "Super Chamber." HR 2253-A resolution commemorating the bravery and courage of the United States Armed Forces on the allied victory in the Persian Gulf. WHEREAS, it is fitting and appropriate that the members of the House of Representatives of the State of Florida pause in their deliberations to offer their prayers and heartfelt sympathy to the families of those killed while engaged in combat or on duty in the Persian Gulf, and WHEREAS, we're proud of the positive supportive position our Legislature took at the outset of war, and WHEREAS, the members of the House of Representatives of the State of Florida acknowledge the strong leadership of our United States President George Bush and the United States Senators and members of Florida's congressional delegation in supporting the resolution, and WHEREAS, we recognize that the victory we now enjoy in the Persian Gulf may well be one of America's finest hours, and WHEREAS, we recognize the sacrifices including, in many cases, the total sacrifices of life, that have been made by our fighting men and women and the families they left behind to ensure that America's international image will be enhanced and the world need not fear the results of world- wide conflict, and WHEREAS, this state has sent its fighting men and women in active and reserve service proudly to answer the nation's call and those fellow Floridians have kept us justifiably proud by their actions and their commitments to excellence, and WHEREAS, the emergence of our military leadership, defense industry, and America's willingness to fight for what is right have been reestablished far and away ahead of any other nation in the world, and WHEREAS, we, in the Florida House of Representatives, join citizens of our state and nation in insisting upon the prompt return of all allied prisoners held in Iraq, NOW, THEREFORE, Be It Resolved by the House of Representatives of the State of Florida: That the House of Representatives of the State of Florida hereby recognizes, with pride, the bravery and superiority of the United States Armed Forces who participated in the Persian Gulf conflict and wishes them all a speedy and safe return home. -was read the second time by title. On motion by Rep. King, the board was opened and the following Members were recorded as co-sponsors of the resolution, along with Representatives King, Lombard, Hill, Arnold, Foley: Representatives Abrams, Albright, Arnall, Ascherl, Bainter, Banjanin, Bloom, Boyd, Brennan, Bronson, Burke, Chestnut, Chinoy, Clark, Clemons, Corr, Cosgrove, Crady, Davis, Deutsch, Diaz-Balart, Feeney, Figg, Flagg, Frankel, Friedman, Garcia, Geller, Glickman, Goode, Gordon, Graber, Graham, Grindle, Guber, Gutman, Hafner, Hanson, Harden, Hargrett, Harris, Hawkes, Hawkins, Healey, Hoffmann, Holland, Holzendorf, Huenink, Ireland, Irvine, Jamerson, Jennings, Johnson, C. F. Jones, Daryl Jones, Kelly, Langton, Laurent, Lawson, Lewis, Liberti, Lippman, Logan, Long, Mackenzie, Mackey, Martinez, McEwan, 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, C. Smith, K. Smith, Stafford, Starks, Stone, Thomas, Tobiassen, Tobin, Trammell, Valdes, Viscusi, Wallace, Webster, Wetherell, Wise and Young. The question recurred on the adoption of the resolution, which was adopted. The vote was: Yeas-115 The Chair Abrams Albright Arnall Arnold Ascherl Bainter Banjanin Bloom Boyd Brennan Bronson Burke Chestnut Chinoy Clark Clemons Corr Cosgrove Crady Davis Deutsch Diaz-Balart Feeney Figg Flagg Foley Frankel 82 March 8, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES Friedman Garcia Geller 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 Kelly King Langton Laurent Lawson Lewis Liberti Lippman Logan Lombard Long Mackenzie Mackey Martinez McEwan 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 Nays-None By Representatives Rush, Bronson, K. Smith, Clemons, Johnson, Davis, Daryl Jones, Jennings, Langton, Mishkin- HR 2257-A resolution honoring General H. Norman Schwarzkopf. WHEREAS, General H. Norman Schwarzkopf, West Point Class of 1956, is the Commander-in-Chief of the U. S. Central Command in Riyadh, Saudi Arabia; and WHEREAS, General Schwarzkopf has served his country faithfully for 34 years; and WHEREAS, General Schwarzkopf was responsible for the planning and implementation of Operation Desert Shield and Operation Desert Storm while serving as commander of CENTCOM, MacDill Air Force Base, Tampa, Florida; and WHEREAS, General Schwarzkopf told the world days prior to the ground campaign of Operation Desert Storm "I guaran-damn-tee you that if we fight, we will win"; and WHEREAS, General Schwarzkopf is recognized as a master of the AirLand Battle Doctrine; and WHEREAS, General Schwarzkopf executed a magnificent flanking maneuver cutting off the elite Republican Guards of Iraq's Army; and WHEREAS, General Schwarzkopf is no stranger to the terrors of combat, while on his second tour in Vietnam he risked his life to save a wounded comrade in the middle of a minefield; and WHEREAS, General Schwarzkopf has earned the reputation of being a "soldier's-soldier," NOW, THEREFORE, Be It Resolved by the House of Representatives of the State of Florida: That the members of the House of Representatives salute General Norman Schwarzkopf, Commander-in-Chief, Allied Forces, Kuwait Theatre of Operations, for his resplendant conduct for Operation Desert Shield and Operation Desert Storm. Thanks to General Schwarzkopf's strategic and tactical brilliance through the employment of coalition forces on the field of battle, Kuwait has been liberated and coalition casualties were minimal for the undertaking of such a massive military operation that represented 28 countries. Last but not least, thanks to you, General Schwarzkopf, for your tenacity in demanding and achieving the return of all allied prisoners of war. BE IT FURTHER RESOLVED that a copy of this resolution be presented to General Schwarzkopf as a tangible token of the sentiments expressed herein. -was read the first time by title and the second time by title. Representatives Rush, Bronson, K. Smith, Clemons, Johnson, Davis, Daryl Jones, Jennings, Langton, Mishkin: Representatives Abrams, Albright, Arnall, Arnold, Ascherl, Bainter, Banjanin, Bloom, Boyd, Brennan, Burke, Chestnut, Chinoy, Corr, Cosgrove, Crady, Deutsch, Diaz-Balart, Feeney, Figg, Flagg, Foley, Frankel, Friedman, Garcia, Geller, Glickman, Goode, Gordon, Graber, Graham, Grindle, Guber, Gutman, Hafner, Hanson, Harden, Hargrett, Harris, Hawkes, Hawkins, Healey, Hill, Hoffmann, Holland, Holzendorf, Huenink, Ireland, Irvine, Jamerson, C. F. Jones, Kelly, King, Laurent, Lawson, Lewis, Liberti, Lippman, Logan, Lombard, Long, Mackenzie, Mackey, Martinez, McEwan, Mitchell, Morse, Mortham, Muscarella, Ostrau, Peeples, Press, Pruitt, Rayson, Reaves, Reddick, Ritchie, Roberts, Rojas, Rudd, Safley, Sanderson, Sansom, Saunders, Sembler, Silver, Simon, Simone, Sindler, C. Smith, Stafford, Starks, Stone, Thomas, Tobiassen, Tobin, Trammell, Valdes, Viscusi, Wallace, Webster, Wetherell, Wise and Young. The question recurred on adopted. The vote was: Yeas-114 The Chair Abrams Albright Arnall Arnold Ascherl Bainter Banjanin Bloom Boyd Brennan Bronson Burke Chestnut Chinoy Clemons Corr Cosgrove Crady Davis Deutsch Diaz-Balart Feeney Figg Flagg Foley Frankel Friedman Garcia Nays-None Geller 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 the adoption of the resolution, which was Kelly King Langton Laurent Lawson Lewis Liberti Lippman Logan Lombard Long Mackenzie Mackey Martinez McEwan 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 Announcements Representative Saunders, Chairman of the Committee on Appropriations, announced that a deadline of 5 p.m. today had been set for receipt of member requests for special projects. He further stated that subcommittee meetings would be held jointly with the Senate on Wednesday and Thursday, March 13 and 14, at 5:30 p.m. The purpose of the meetings is to hold hearings on any special projects as defined by policy of the House and Senate Appropriations Committees. Representative Johnson, Chairman of the Committee on Rules & Calendar, announced that all Member requests for bills to be placed on the Special Order Calendar must be accompanied by a Special Order Calendar Recommendation Form, which is House form H-61. Representative Johnson further announced that the Committee on Rules & Calendar requires a one-day notice for consideration of House resolutions. Representative Johnson offered the following remarks concerning the Rules of the House: On motion by Rep. Rush, the board was opened and the following Representative Johnson: Mr. Speaker, Members of the House, I Members were recorded as co-sponsors of the resolution, along with would say that I began with the hope of becoming a master of the Rules March 8, 1991 83 JOURNAL OF THE HOUSE OF REPRESENTATIVES and I've now realized that the more appropriate challenge is to be a student of the Rules. I will tell you, Sir, that I first started with the idea that the Rules provided an opportunity to establish a very complex system for bills to work their way through the process. I now realize that the Rules are there to provide a fair and orderly process for the Members of this Chamber. I think it's a protection for the institution and for those of us who serve here. Thank you. Rep. Johnson moved that the House, after receiving Reports, stand in recess for the purpose of holding committee meetings and conducting other House business to reconvene at 3:30 p.m., Tuesday, March 12. The motion was agreed to. Prime Sponsors HB 211-Simon HB 761-Reaves HB 767-Cosgrove HB 1465-Geller Co-sponsors HJR 11; HB 27; HJR 85; HM 111-Langton HB 27-Roberts, Wise, Simone, Hanson, Mortham HB 35-Bainter HR 179-Daryl Jones, Saunders HR 181-Simon, Guber HB 237-Chinoy HB 251-Bloom HB 275-Gutman, Garcia HB 347-Gutman, Bronson HJR 355-Silver, Gutman HB 403-Hanson CS/HB 417-Mortham HB 427-Tobiassen HB 485-Banjanin HB 521-Gutman HB 539-Gordon, Roberts, Press, Deutsch, Mims, Bloom, Mortham HJR 713; HBs 733, 757, 759, 773-Sansom HB 739-Tobin HB 759-Wise HB 783-Cosgrove HB 841-Grindle HB 917-Simone, Sanderson HB 1107-Albright HB 1165-Lewis, Arnall, Garcia HB 1273-King HB 1513-Gordon, Simone Introduction and Reference First Reading by Publication By Representatives Webster, McEwan, Starks, Reddick, Feeney, Stone, Sindler- HB 1523-A bill to be entitled An act relating to Orange County; creating the Central Florida Criminal Justice Testing and Certification Center; setting forth the purpose, powers, duties, structure, and organization of the center; providing that the center shall establish and undertake standardized recruiting, testing, examination, and investigation of applicants for law enforcement and correctional positions in law enforcement and correctional agencies in Orange County; providing for funding of the center through the assessment of an additional court cost of $3 against every person convicted of a violation of a criminal statute, ordinance, or traffic offense in Orange County regardless of adjudication; providing for additional funding of the center through user fees, donations, and grants; providing that activities of the center shall not generate state funding; providing for budgeting requirements; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs, Criminal Justice and Finance & Taxation. By Representative Healey- HB 1525-A bill to be entitled An act relating to the Beverage Law; amending s. 561.704, F.S.; revising language with respect to an exemption granted certain vendors from the surcharge used for the operation of the responsible vendors program; deleting a required report; deleting the repeal of the surcharge; providing an effective date. Referred to the Committees on Regulated Industries, Finance & Taxation and Appropriations. By Representatives K. Smith, Bainter- HB 1527-A bill to be entitled An act relating to postsecondary education; amending s. 250.10, F.S.; providing that the Adjutant General and representatives of the Board of Regents, State Board of Community Colleges, and State Board of Education shall develop a program for waiver of tuition and fees for certain members of the Florida National Guard; providing requirements; amending s. 240.235, F.S.; requiring the Board of Regents to provide tuition and fee waivers; amending s. 240.35, F.S.; requiring the State Board of Community Colleges to provide tuition and fee waivers; amending s. 240.355, F.S.; requiring the State Board of Education to adopt rules; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. By Representative Lippman- HB 1529-A bill to be entitled An act relating to trauma centers; amending s. 395.0335, F.S.; providing requirements for selection of state- approved trauma centers; providing for provisional state-approved trauma centers; amending s. 395.034, F.S.; revising definitions relating to state- approved trauma centers and state-sponsored trauma centers; revising provisions relating to submission of claims and eligibility for receipt of funds; revising provisions relating to state funding; providing requirements for payment of claims; providing that funds shall not be considered as net revenues for certain purposes; deleting provisions relating to certain reimbursement with appropriated funds; repealing s. 14, ch. 90-284, Laws of Florida, to conform; providing an effective date. Referred to the Committees on Health Care and Appropriations. By Representative Hawkins- HB 1531-A bill to be entitled An act relating to oil and gas; amending ss. 211.02 and 211.06, F.S.; imposing an additional tax on the production of oil for a specified period; providing for deposit of the proceeds in a trust fund; directing the Department of Natural Resources to use such proceeds to develop and implement a research program relating to certain abandoned wells; requiring a report to the Legislature; providing for an advisory committee; authorizing the department to carry out certain activities; providing an appropriation; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representatives Webster, Starks, McEwan, Long, Feeney, Stone, Sindler- HB 1533-A bill to be entitled An act relating to the designation of state historic highways; designating a portion of roadway in Orange County as the "Old Opopka Road Historic Roadway"; providing for the erection of suitable markers; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Transportation. By Representative Rudd- HB 1535-A bill to be entitled An act relating to the valuation of motor vehicles; amending s. 212.05, F.S.; revising the manner in which the Department of Revenue values used motor vehicles; amending s. 319.30, F.S.; directing the Department of Highway Safety and Motor Vehicles to use any official used motor vehicle guide or used mobile home guide for certain purposes; amending s. 723.061, F.S.; providing for the use of nationally recognized publications for the valuation of mobile and manufactured homes for certain purposes; providing an effective date. March 8, 1991 84 JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committees on Transportation and Finance & Taxation. By Representative Long- By Representative Harris- HB 1537-A bill to be entitled An act relating to plant industry; amending s. 581.131, F.S.; increasing the maximum annual registration fee for nurserymen; amending s. 581.185, F.S., and repealing s. 581.185(5) and (6), F.S.; deleting the Regulated Plant Index and provisions conforming state law to the federal Endangered Species Act of 1973; authorizing the Department of Agriculture and Consumer Services to establish and maintain the Regulated Plant Index in rules; providing considerations; specifying that certain permits consistent with federal standards may be issued with respect to listed endangered species; providing an effective date. Referred to the Committees on Agriculture, Finance & Taxation and Appropriations. By Representatives Bloom, Hoffmann, Friedman, Saunders- HB 1539-A bill to be entitled An act relating to saltwater fisheries; amending s. 370.142, F.S.; establishing a spiny lobster trap certificate program; providing intent; requiring trap certificates and providing for transferability thereof; requiring tagging of traps; providing for fees and surcharges, including disposition thereof; providing prohibitions and penalties; providing for periodic trap reduction; providing for monitoring, evaluation, and enforcement; providing duties of the Department of Natural Resources and the Marine Fisheries Commission; establishing the Trap Certificate Technical Advisory and Appeals Board; providing for membership, terms, officers, meetings, procedures, duties, and reimbursement of specified expenses thereof; amending s. 370.14, F.S.; deferring for another year the reopening of the existing trap numbering program; increasing and providing for disposition of certain fees thereof; providing for rulemaking authority; providing for review and repeal; repealing provisions of the Florida Administrative Code which have been displaced by or are in conflict with the spiny lobster trap certificate program created by this act; providing appropriations; providing effective dates. HB 1549-A bill to be entitled An act relating to the clerks of the circuit courts; amending s. 28.07, F.S.; directing the board of county commissioners to provide the clerks with office space and other services; providing for standards for such office space and services; providing an effective date. Filed By Representative Peeples- HB 1551-A bill to be entitled An act relating to Lehigh Acres Fire Control and Rescue District, Lee County; amending chapter 63-1546, Laws of Florida, as amended; allowing the fire control board to conduct fire inspections and to inspect fire protection systems; allowing the board to provide services outside the district, in cooperation with other governmental entities; providing for rulemaking; allowing reasonable fees and providing for fee collection; increasing the maximum millage that may be levied by the district; providing for a referendum; providing effective dates. Referred to the Committees on Community Affairs and Finance & Taxation. By Representative Press- HB 1553-A bill to be entitled An act relating to the Delray Beach Downtown Development Authority, Palm Beach County; amending chapter 71-604, Laws of Florida; expanding the Downtown Development Authority area description to include properties eastward of the Intracoastal Waterway, northward of current downtown development authority area to include those properties lying South of N.E. 4th Street, southward of the current Downtown Development Authority area to include those properties lying North of S.E. 3rd Street, bounded generally on the west by N.E. 1st Avenue, all such properties lying within the municipal boundaries of the City of Delray Beach; providing for a referendum; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Tourism, Referred to the Committees on Natural Resources, Finance & Taxation Hospitality & Economic Development. and Appropriations. By Representative Simone- HB 1543-A bill to be entitled An act relating to frozen desserts; amending s. 503.011, F.S.; revising certain definitions; amending s. 503.021, F.S.; clarifying legislative intent; amending s. 503.031, F.S.; revising certain powers of the Department of Agriculture and Consumer Services relating to administration of frozen dessert provisions; amending s. 503.041, F.S.; including certain establishments under specified license fee requirements; repealing s. 503.062, F.S., relating to food products in semblance of frozen desserts; creating s. 503.063, F.S.; providing for administrative fines; amending s. 503.071, F.S.; providing for fines, penalties, and injunctions; amending s. 503.091, F.S., relating to exemptions, to conform; providing for review and repeal; providing an effective date. Referred to the Committees on Agriculture and Appropriations. By Representative Davis- HB 1545-A bill to be entitled An act relating to the dispositions of traffic infractions; amending s. 318.32, F.S.; revising the jurisdiction of magistrates to hear certain civil traffic infraction cases; amending s. 318.37, F.S.; increasing the maximum pay of magistrates; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Brown- HB 1547-A bill to be entitled An act relating to the State Apartment Incentive Loan Program; amending s. 420.5087, F.S.; expanding provisions relating to temporary reservations of funds for loans to sponsors of housing for the elderly, to authorize such loans for additional purposes and to extend the term of such loans; providing an effective date. Referred to the Committees on Community Affairs and Appropriations. By Representative Mackey- HB 1555-A bill to be entitled An act relating to motor vehicles operated by the hearing impaired; creating ss. 229.8364 and 316.1972, F.S.; requiring owners or lessees of motor vehicles who are residents and hearing impaired to place a decal in the rear window of the vehicle identifying the impairment; providing for the form of the decal; directing the Florida Council for the Hearing Impaired to produce and distribute the decal; providing a fee; providing for disposition and use of the fee; providing an effective date. Referred to the Committees on Transportation and Appropriations. By Representative Harris- HB 1557-A bill to be entitled An act relating to vessel registration; amending s. 327.25, F.S.; increasing registration fees for certain vessels; amending s. 327.28, F.S.; providing for the transfer of certain vessel registration fees from the Motorboat Revolving Trust Fund to the Aquatic Plant Control Trust Fund; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representative Stafford- HB 1559-A bill to be entitled An act relating to parking ticket violations; amending s. 316.1967, F.S.; authorizing cities to provide by ordinance that a tape reel or cartridge be sent to the Department of Highway Safety and Motor Vehicles listing persons who have 3 or more outstanding parking violations; requiring the department to mark the vehicle registration of such persons; amending s. 316.650, F.S., relating to traffic citations to provide for automated traffic citation issuance systems; reenacting s. 320.03(8), F.S., relating to the issuance of license plates or revalidation stickers to such persons, to incorporate the amendment to s. 316.1967, F.S., in a reference thereto; providing an effective date. 85 March 8, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committee on Transportation. By Representative Hawkins- HB 1561-A bill to be entitled An act relating to district school boards; creating s. 236.255, F.S.; authorizing district school boards to levy impact fees for the construction of new schools or for the expansion of existing facilities; providing an effective date. Referred to the Committees on Public Schools, Finance & Taxation and Appropriations. By Representative Silver- HB 1563-A bill to be entitled An act relating to corporations; amending s. 607.06401, F.S.; restricting certain distributions to shareholders; providing an effective date. Referred to the Committee on Commerce. By Representative Abrams- HB 1565-A bill to be entitled An act relating to probate and trust administration; amending s. 733.705, F.S.; providing for the contents of an objection to claim; amending s. 737.402, F.S.; limiting the power of a trustee to make discretionary distributions for his or her own benefit; providing for applicability; providing for the parties in interest; providing a procedure for an affirmative election under the act; repealing s. 732.803, F.S., relating to charitable devises; providing an effective date. Referred to the Committee on Judiciary. By Representative Logan- HB 1567-A bill to be entitled An act relating to alcoholic beverages; repealing s. 563.06(6), F.S.; relating to the restriction on the size of containers in which malt beverages may be sold; providing an effective date. Filed By Representative Lombard- HB 1569-A bill to be entitled An act relating to eminent domain; amending s. 73.071, F.S.; revising language with respect to jury trials for compensation with respect to eminent domain to provide requirements with respect to lawfully erected signs and compensation therefore; providing for application; providing an effective date. Referred to the Committee on Judiciary. By Representative Muscarella- HB 1571-A bill to be entitled An act relating to ethics in government; amending s. 112.312, F.S.; defining "gift" for purposes of the code of ethics and constitutional financial disclosure; amending s. 112.3148, F.S.; providing for valuation of a gift at the greater of actual cost to the donor or fair market value; amending s. 112.3149, F.S.; defining "honorarium"; providing applicability; providing an effective date. Referred to the Committee on Ethics & Elections. By Representative Rayson- HB 1573-A bill to be entitled An act relating to forfeitures; amending s. 932.704, F.S.; authorizing counties and municipalities to appropriate certain proceeds from the sale of forfeited property for use in providing specified services and programs; providing application requirements for receiving such funds; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Graham- HB 1575-A bill to be entitled An act relating to motorsports; creating s. 549.09, F.S.; providing definitions; authorizing persons who operate a closed-course motorsport facility to require the signing of a liability release form as a condition of entrance to any nonspectator part of the facility; providing requirements with respect to such form; permitting the signing of such release by more than one person; providing an effective date. Referred to the Committee on Judiciary. By Representative Langton- HJR 1577-A joint resolution proposing the creation of Section 24 of Article I of the State Constitution relating to children. Referred to the Committee on Health & Rehabilitative Services. By Representative Rudd- HB 1579-A bill to be entitled An act relating to insurance; creating the Prepaid Limited Health Service Organization Act of Florida; providing for regulation of prepaid limited health service organizations and contracts by the Department of Insurance; providing definitions; specifying applicability of other laws; requiring incorporation; providing that such organizations are not authorized to transact any other insurance business; requiring and providing for application for certificate of authority; providing for issuance or denial of certificate; providing standards for continued eligibility; providing for issuance of provisional certificate of authority; requiring contracts in English, with translations provided in certain circumstances; specifying content of contracts; regulating rates and charges; prohibiting discrimination; specifying validity of noncomplying contracts; providing for construction of contract; providing for delivery; requiring notice of cancellation; specifying what payments are acceptable; prohibiting the advertising use of certain words; regulating contracts between organizations and providers, managers, and administrators; providing for complaints; specifying examination and investigation authority of the department; providing for determination of acceptable assets and investments; requiring reports; requiring licensed agents; requiring minimum surplus; providing for insolvency protection; requiring fidelity bonds; providing for suspension or revocation of certificate of authority; providing for administrative penalties; providing civil remedies; providing for injunctions; requiring payment of judgments within a specified time; providing for rehabilitation, conservation, and liquidation; providing fees; defining unfair methods, acts, and practices; providing for appeals; providing for confidentiality; providing for review and repeal; regulating acquisitions; imposing taxes on dental care services and prepaid ambulance contracts; providing for deposit of such taxes; providing for rules; amending s. 624.5092, F.S.; providing for administration of taxes; repealing ch. 637, F.S., relating to optometric, pharmaceutical, and dental service plan corporations, and ch. 638, F.S., relating to ambulance service contracts, and part III, ch. 641, F.S., relating to prepaid health clinics; providing for review and repeal; repealing s. 624.523(1)(1), F.S., to conform; providing an effective date. Referred to the Committees on Insurance, Finance & Taxation and Appropriations. By Representative Sanderson- HB 1581-A bill to be entitled An act relating to service of process; creating s. 48.032, F.S.; specifying what constitutes original process in contraband forfeiture actions; specifying required method of service of process; specifying when service is complete; providing an alternative to actual service of process when the identity or location of the person entitled to service is not ascertainable; providing that the entity seeking forfeiture may be granted a default and final judgment thereon; providing an effective date. Referred to the Committees on Judiciary and Appropriations. By Representative Irvine- HB 1583-A bill to be entitled An act relating to medical practice; creating the "Women's Informed Choices Act" and providing legislative findings and purpose; providing definitions; creating s. 458.326, F.S.; requiring specified voluntary and informed consent and itemizing the required information and specifying the manner in which such information is to be provided; requiring a written consent form containing such information; creating s. 458.328, F.S.; providing prohibited acts and civil malpractice remedies; providing for severability; providing for construction; providing an effective date. Referred to the Committees on Health & Rehabilitative Services and Appropriations. 86 March 8, 1991 JOURNAL OF THE HOUSI By Representatives Kelly, C. Smith- HB 1585-A bill to be entitled An act relating to educational facilities; amending s. 235.196, F.S.; requiring the Office of Educational Facilities through an independent appraiser to determine the value of existing sites for purposes of developing community educational facilities; providing an effective date. Referred to the Committees on Postsecondary Education and Appropriations. By Representative Harden- HB 1587-A bill to be entitled An act relating to the state lottery; amending s. 24.121, F.S.; revising the percentage of lottery revenue deposited in the Educational Enhancement Trust Fund; limiting the amount that may be expended for advertising and promotion of lottery games; providing an effective date. Referred to the Committees on Regulated Services & Technology, Finance & Taxation and Appropriations. By Representative Simone- HB 1589-A bill to be entitled An act relating to Manatee County; relating to the Manatee County Civic Center Authority, a public body corporate and politic established pursuant to chapter 78-556, Laws of Florida; authorizing the conveyance of the Manatee County Convention and Civic Center to the Board of County Commissioners; providing for the transfer of the functions, responsibilities, duties, and obligations of the Manatee County Civic Center Authority to the Board of County Commissioners for Manatee County; reserving title to property held by the Manatee County Civic Center Authority; maintaining in effect and transferring to Manatee County all obligations of the Manatee County Civic Center Authority; validating existing rules, regulations, and ordinances of or for the Manatee County Civic Center Authority; providing for severability; providing an effective date. Referred to the Committee on Community Affairs. By Representative Simone- HB 1591-A bill to be entitled An act relating to the Manatee County Fire Prevention Code Enforcement Board and the Manatee County Fire Marshal Appeals Board; amending section 3 of chapter 85-461, Laws of Florida, as amended; providing a revised date of repeal; providing an effective date. Referred to the Committee on Community Affairs. By Representative Simone- HB 1595-A bill to be entitled An act relating to Manatee County; repealing chapter 63-1595, Laws of Florida, which provides for the definition, licensing, and bonding of well drillers within Manatee County and regulates the digging, drilling, driving, or boring of wells and/or test holes or the rehabilitation capping or plugging of wells or test holes; providing an effective date. Referred to the Committees on Community Affairs and Natural Resources. By Representative Simone- HB 1597-A bill to be entitled An act relating to Manatee County; amending chapter 87-483, Laws of Florida, to delete Manatee Valley Drainage District; ratifying, confirming, and validating certain actions taken by the persons continuing to act as the governing body of the Manatee Valley Drainage District since the effective date of chapter 87- 483, Laws of Florida; absolving the Board of County Commissioners of Manatee County from liability for any action or for failure to act pursuant to chapter 87-483, Laws of Florida; providing for the continuation of Manatee Valley Drainage District; providing an effective date. Referred to the Committees on Community Affairs and Judiciary. By Representatives Ritchie, Tobiassen, Banjanin- HB 1599-A bill to be entitled An act relating to Escambia County; prohibiting the siting of a hazardous waste processing, transfer, or storage March 8, 1991 E OF REPRESENTATIVES 87 facility within the drainage basin of the Perdido River or Perdido Bay; providing an effective date. Referred to the Committees on Community Affairs, Natural Resources and Appropriations. By Representative Wise- HB 1601-A bill to be entitled An act relating to traffic regulations to assist blind persons and mobility-impaired persons; amending ss. 316.1301, 316.1303, 318.18, F.S.; providing an increased fine for violating those regulations; providing for distributing the proceeds of such fine; providing an effective date. Referred to the Committees on Transportation, Finance & Taxation and Appropriations. By Representative Safley- HB 1603-A bill to be entitled An act relating to driving under the influence; amending s. 316.193, F.S.; providing that certain persons convicted of DUI manslaughter are not eligible for basic gain-time; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Liberti- HB 1605-A bill to be entitled An act relating to Indian Trail Water Control District, Palm Beach County, created by chapter 57-646, Laws of Florida; granting additional powers to the district to construct, maintain, and operate recreational areas, facilities, and programs; to construct and maintain a system of street lighting; to construct and maintain facilities for and take measures to control mosquitoes and other arthropods; to acquire, construct, and maintain conservation areas and sanctuaries for the storage of water for water control and irrigation purposes and for preservation of wildlife; to purchase, acquire by gift, or otherwise obtain land for the purpose of constructing capital improvements; to finance costs through user fees; to appoint advisory boards; to require permits for connection to and use of district property; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs, Natural Resources and Finance & Taxation. By Representatives Sansom, Kelly- HB 1607-A bill to be entitled An act relating to vessels and marine life; creating s. 327.245, F.S.; defining the term "outboard motor"; requiring the separate titling of all outboard motors; providing for a fee; directing the Department of Natural Resources to make rules with respect to the registration of all vessels; providing for the use of fees; providing that the revenues collected upon fuel for marine vessels be allocated to the Department of Natural Resources and to the Game and Fresh Water Fish Commission; amending s. 327.11, F.S.; deleting an exception to vessel registration requirements; amending s. 327.25, F.S.; providing for vessel registration and reregistration based on the birth month of the applicant; amending s. 370.12, F.S.; requiring the Department of Natural Resources to conduct a manatee census at least annually; providing for the use of census results; providing an effective date. Referred to the Committees on Natural Resources, Finance & Taxation and Appropriations. By Representative Mims- HB 1609-A bill to be entitled An act relating to chemicals used in the manufacture of controlled substances; amending s. 893.02, F.S.; adding a definition of the term "listed chemical"; creating s. 893.033, F.S.; establishing a list of precursor chemicals and essential chemicals; amending s. 893.105, F.S.; authorizing the sample testing and destruction of listed chemicals seized; amending s. 893.12, F.S.; providing that listed chemicals involved in violations of ch. 893, F.S., are contraband and are subject to seizure and forfeiture; providing for destruction of seized chemicals; creating s. 893.149, F.S.; prohibiting the possession of a listed chemical with the intent to unlawfully manufacture a controlled substance; providing penalties; amending s. 112.0455, F.S.; revising a cross-reference to conform to renumbering made by this act; providing an effective date. JOURNAL OF THE HOUSE OF REPRESENTATIVES Referred to the Committees on Criminal Justice and Appropriations. By Representative Hill- HB 1611-A bill to be entitled An act relating to Martin County; amending chapter 63-1619, Laws of Florida; excluding the area within the corporate limits of the City of Stuart from county provisions regulating the issuance of special alcoholic beverage licenses; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Regulated Industries. By Representative Reddick- HB 1613-A bill to be entitled An act relating to social welfare reform; amending s. 228.072, F.S.; requiring local education agency functional literacy testing of students enrolled in an employment and training program; amending ss. 230.645 and 240.35, F.S.; exempting students enrolled in an employment and training program from certain fees; amending s. 409.029, F.S., relating to the Florida Employment Opportunity Act; deleting certain reporting requirements; establishing and exempting workers' compensation for work experience; modifying the definition of "customized training"; deleting participation of applicants until eligibility has been determined; revising deferral procedures for nonexempt recipients; revising initial screening criteria; amending s. 409.185, F.S., to reflect changes in Federal Poverty Income Guidelines; "amending s. 409.255, F.S.; providing for exceptions to time limitations on receipt of aid to families with dependent children; providing an effective date. Referred to the Committees on Vocational/Technical Education and Appropriations. By Representative Press- HB 1615-A bill to be entitled An act relating to the "Community Redevelopment Act of 1969"; amending s. 163.380, F.S.; revising language with respect to the disposal of property in a community redevelopment area; providing for disposal at a value to be determined to be in the public interest; deleting language with respect to public notice; providing an effective date. Referred to the Committees on Tourism, Hospitality & Economic Development and Appropriations. By Representative Healey- HB 1617-A bill to be entitled An act relating to the Palm Beach County Health Care District, 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 fees, taxes, or increment revenue to community redevelopment agencies created pursuant to part III of chapter 163, Florida Statutes; providing for severability; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs, Tourism, Hospitality & Economic Development, Finance & Taxation and Appropriations. By Representative Press- HB 1619-A bill to be entitled An act relating to wage payment; providing that the Division of Labor, Employment, and Training of the Department of Labor and Employment Security shall be the clearinghouse for complaints regarding wage payment, wage collection, and hours of employment; providing for a toll-free telephone line; providing criteria for payment of wages by employers to employees separated from employment; providing for the unconditional payment of certain wages; providing for withholding of wages; providing that employers shall notify employees about procedures for payment of wages at the time of hire; requiring the posting of certain notices; providing for the furnishing of a statement of deductions; providing for records; providing for investigation of violations of the act; providing for enforcement by the department; providing penalties; providing employees' remedies; providing for rules; providing an effective date. Filed By Representative Daryl Jones- HB 1621-A bill to be entitled An act relating to opticianry; amending s. 484.002, F.S.; revising definition of "board-certified optician"; amending s. 484.006, F.S.; providing that no rule shall prohibit certain activities relating to apprentices; amending s. 484.007, F.S.; revising provisions relating to fees and licensure examination requirements; revising apprenticeship requirements; providing content of the examination; providing an effective date. Referred to the Committees on Regulatory Reform, Finance & Taxation and Appropriations. By Representatives Sansom, Kelly- HB 1623-A bill to be entitled An act relating to vessels; amending s. 327.353, F.S.; requiring a blood test for impairment or intoxication in the operation of a vessel under certain circumstances; creating s. 327.7305, F.S.; providing for mandatory boater education for all persons operating a vessel on the waters of the state; creating s. 327.7306, F.S.; prohibiting passengers in vessels from certain activities; providing for a noncriminal penalty; providing an effective date. Referred to the Committees on Natural Resources and Appropriations. By Representative Silver- HB 1625-A bill to be entitled An act relating to contraband forfeiture; amending s. 893.12, F.S.; providing that seized property must be forfeited; providing procedures and standards for protection of the interests of persons holding liens on seized property; prohibiting forfeiture of property if the owner or a coowner lacked knowledge of the criminal use of the property; amending s. 932.703, F.S.; providing that title to seized contraband vests in either the state or the seizing agency upon seizure, rather than in the state; amending s. 932.704, F.S.; specifying the manner of sale of seized property; requiring that certain reports to the Department of Law Enforcement be made by the law enforcement agency that received or expended forfeited property or proceeds from the sale of such property, rather than by the entity with budgetary authority over such law enforcement agency; providing an effective date. Referred to the Committees on Criminal Justice and Appropriations. By Representative Peeples- HB 1627-A bill to be entitled An act relating to Lee County; amending ss. 1, 2, 3, 4, and 6 of ch. 309.25, Laws of Florida, 1955, as amended; redesignating the North Fort Myers Fire Control District as the North Fort Myers Fire Control and Rescue Service District; authorizing operation and maintenance of rescue services; revising the description of the territory of the district to incorporate deletions of territory from the district by s. 1, ch. 76-400, Laws of Florida, and s. 1, ch. 89-523, Laws of Florida; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Community Affairs. By Representatives Webster, McEwan, Starks, Reddick, Feeney, Stone, Sindler- HB 1629-A bill to be entitled An act relating to the Greater Orlando Aviation Authority, Orange County; amending chapter 57-1658, Laws of Florida, as amended, to require one member of the aviation authority be a resident and elector of Osceola County; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committee on Community Affairs. By Representative Healey- HB 1631-A bill to be entitled An act relating to certain real property conveyed to United Way of Palm Beach County, Inc.; authorizing sale of such property; specifying use of the proceeds of the sale; directing the release of all restrictions and reverters on the property; authorizing United Way of Palm Beach County, Inc., or its designee to undertake improvements to the property; directing the Board of Trustees of the 88 March 8, 1991 JOURNAL OF THE HOUSE Internal Improvement Trust Fund to execute certain title documents; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Natural Resources. By Representative Johnson- HB 1633-A bill to be entitled An act relating to Santa Rosa County; amending chapter 80-608, Laws of Florida; revising provisions relating to adoption of a millage rate and budget by the Avalon Beach-Mulat Fire Protection District; providing an effective date. Proof of publication of the required notice was attached. Referred to the Committees on Community Affairs and Finance & Taxation. By Representative Daryl Jones- HB 1635-A bill to be entitled An act relating to the sales tax; amending s. 212.08, F.S.; exempting low volume irrigation equipment from the sales tax; providing an effective date. Referred to the Committees on Agriculture, Finance & Taxation and Appropriations. By Representatives Foley, Lewis, Healey, Press, Frankel, Liberti, Hill, Hanson- HR 2255-A resolution recognizing Watson B. Duncan III. Referred to the Committee on Rules & Calendar. Additional Reference of Bills Under Rule 8.4 CS/HB 33 was further referred to the Committee on Governmental Operations and remains referred to the Committee on Appropriations. First Reading of Committee Substitutes by Publication By the Committee on Health & Rehabilitative Services and Representatives Young, Frankel, Tobin, Graber, Abrams, Gordon, Bloom, Foley, Flagg, Press, Holzendorf, Banjanin, Wise, Simone, Mims, Langton, Geller, Healey, Jennings- CS/HB 33-A bill to be entitled An act relating to governmental reorganization; creating s. 20.41, F.S.; creating a Department of Elderly Affairs; providing for its organization; transferring specified powers, duties and functions, records, personnel, property and funds from the Pepper Commission on Aging to the department; transferring the state and district nursing home and long-term care facility ombudsman councils from the Pepper Commission on Aging to the department; amending ss. 400.304 and 400.307, F.S., relating to the state and district nursing home and long-term care facility ombudsman councils, to conform; adding provisions relating to council duties and positions; amending s. 410.016, F.S.; requiring coordination of Department of Health and Rehabilitative Services' activities with the Department of Elderly Affairs; creating s. 410.701, F.S.; providing for contracting between the Department of Health and Rehabilitative Services and area agencies on aging; amending s. 410.505, F.S., and repealing section 4 of chapter 89-294, Laws of Florida; deleting the Pepper Commission on Aging; conforming provisions and saving such section from Sundown repeal; creating chapter 430, F.S.; providing a short title; providing legislative intent; specifying the purposes of the Department of Elderly Affairs; establishing duties and responsibilities of the department; creating the Department of Elderly Affairs Advisory Council; providing duties and membership; requiring a plan to improve the provision of social services and long-term care; providing rulemaking authority; providing for review and repeal; directing the Statutory Revision Division to complete statutory cross-referencing; providing an effective date. By the Committee on Criminal Justice and Representatives Albright, Langton, Logan, Kelly, Mortham, Healey, King, Crady, Viscusi, Graham, C. Smith, Arnall, Sanderson, Hawkes, Ritchie, Bainter, Tobiassen, Wise, Irvine, Dennis Jones, Burke, Huenink, Rojas, Garcia, Morse, Corr, March 8, 1991 E OF REPRESENTATIVES 89 Hoffmann, Diaz-Balart, Jennings, Lawson, Harden, Banjanin, Mishkin, Chinoy, Sansom, Roberts, Goode, Sembler, Stafford, Sindler, Gutman, Holzendorf, Glickman- CS/HB 359-A bill to be entitled An act relating to firearms; creating s. 790.054, F.S.; authorizing correctional probation officers to carry concealed firearms upon meeting certain requirements; prescribing when the firearm may be used; exempting such officers from the provisions of s. 790.06, F.S.; prescribing the type and caliber of firearm that may be carried; providing an effective date. By the Committee on Criminal Justice and Representatives Martinez, Sansom, Sindler, Hanson- .CS/HB 379-A bill to be entitled An act relating to traffic control; amending s. 316.640, F.S.; prohibiting state agencies from establishing quotas for the issuance of traffic citations by law enforcement officers; prohibiting state agencies from using traffic citation quotas to evaluate the performance of law enforcement officers; providing an effective date. By the Committee on Veterans & Military Affairs & Emergency Preparedness and Representatives Johnson, King, Lippman, Bronson, Sansom, Sindler, Frankel, Graber, Ritchie, Holzendorf, Chinoy, Figg, Cosgrove, Rudd, Flagg, Trammell, Chestnut, Daryl Jones, Mishkin, Guber, K. Smith, Harris, Langton, Brennan, Hargrett, Goode, Mackey, Stafford, Viscusi, Rayson, Reddick, Hafner, Crady, Tobin, Lawson, C. F. Jones, Mitchell, Kelly, Clemons, Geller, Liberti, C. Smith, Glickman, Young, Abrams, Stone, Press, Deutsch, Mims, Bloom, Mortham, Roberts, Gordon- CS/HBs 539 & 757-A bill to be entitled An act relating to veterans; creating s. 295.0195, F.S.; providing educational opportunity at state expense for dependent children of deceased or disabled military personnel who died or became disabled in the Mideast Persian Gulf military arena or in the military action in Panama; amending s. 295.02, F.S.; conforming provisions; providing an effective date. Reports of Standing Committees The Committee on Ethics & Elections recommends the following pass: HJR 1031 The Committee on Governmental Operations recommends the following pass: HB 755, with 2 amendments The above bills were placed on the Calendar. The Committee on Criminal Justice recommends a committee substitute for the following: HB 359 The above committee substitute was placed on the Calendar and, under the rule, HB 359 was laid on the table. The Committee on Criminal Justice recommends the following pass: HB 219, with 2 amendments The Committee on Employee & Management Relations recommends the following pass: HB 463 The Committee on Governmental Operations recommends the following pass: HB 631, with 1 amendment HJR 1025 The above bills were referred to the Committee on Appropriations. The Committee on Health & Rehabilitative Services recommends a committee substitute for the following: HB 33 The Committee on Criminal Justice recommends a committee substitute for the following: HB 379 The Committee on Veterans & Military Affairs & Emergency Preparedness recommends a committee substitute for the following: HBs 539 & 757 JOURNAL OF THE HOUSE OF REPRESENTATIVES The above committee substitutes were referred to the Enrolling Report Committee on Appropriations and, under the rule, HBs 33, 379, HCR 1-Org. has been enrolled, signed by the required constitutional 539 and 757 were laid on the table. officers and filed with the Secretary of State on March 8, 1991. The Committee on Natural Resources recommends the following pass: HB 325 The above bill was referred to the Committee on Finance & Recessed Taxation. John B. Phelps, Clerk Pursuant to the motion previously agreed to, the House recessed at 9:47 a.m., to reconvene at 3:30 p.m., Tuesday, March 12. CHAMBER ACTION ON BILLS FRIDAY, March 8, 1991 HR 179-Read second time; Adopted HR 181-Read second time; Adopted HB 201-Read second time HB 223-Withdrawn from further consideration HB 257-Read second time HB 373-Read second time HB 417-Read second time; Read third time; CS passed 115-0; Immediately certified HB 571-Read second time HB HB HB HB HB HB HB HR HR 573-Read second time 575-Read second time 603-Read second time 647-Withdrawn from further consideration 883-Read second time; Amendments adopted 1213-Withdrawn from further consideration 1841-Read second time; Amendment adopted 2253-Read second time; Adopted 115-0 2257-Read second time; Adopted 114-0 [Source: Legislative Information Division] 90 March 8, 1991 JOURNAL OF THE HOUSE OF REPRESENTATIVES The Committees (as of March 8, 1991) [Democrats in Roman Agriculture (Group III) Bert J. Harris, Jr. (Chairman), Daryl L. Jones (Vice Chairman), F. Allen Boyd, Jr., Irlo "Bud" Bronson, Chris Corr, John Laurent, Marian V. Lewis, Joseph R. Mackey, Jr., Luis E. Rojas, Charles W. Sembler II, Kelley R. Smith, Jr., Robert DeWitt Trammell Subcommittees General Agriculture: K. Smith (Chairman), Bronson, Laurent, Lewis, Mackey, Rojas Marketing & Consumer Services: Boyd (Chairman), Corr, Daryl Jones, Sembler, Trammell Appropriations (Group V) Ron Saunders (Chairman), Buzz Ritchie (Vice Chairman), George Albright, J. Keith Arnold, Jack Ascherl, Corrine Brown, Bill Clark, John F. Cosgrove, Jim Davis, David Flagg, Michael Friedman, Rodolfo Garcia, Jr., Elaine Gordon, Ben Graber, Alberto Gutman, Lars A. Hafner, Mary Ellen Hawkins, Edward J. Healey, Betty S. Holzendorf, Timothy F. Ireland, James E. King, Jr., Alfred J. Lawson, Jr., Ray Liberti, John Long, Anne Mackenzie, William Thomas Mims, Sam Mitchell, Luis C. Morse, Luis E. Rojas, Hurley W. Rudd, Brian P. Rush, Debby P. Sanderson, Ronald A. Silver, Robert B. Sindler, Tom Tobiassen, Robert DeWitt Trammell, Carlos L. Valdes, Walter C. Young Subcommittees Health & Rehabilitative Services: Gordon (Chairman), Brown, Graber, Gutman, Hafner, Mims, Sanderson Criminal Justice: Clark (Chairman), Ascherl, Ireland, Liberti, Silver, Trammell, Valdes, Young General Government: Mitchell (Chairman), Davis, Flagg, Hawkins, Holzendorf, Morse, Rudd Republicans in Italic] Muscarella, Vernon Peeples, Kenneth P. Pruitt, John C. Rayson, Tracy Stafford, Peter Rudy Wallace Subcommittees Intergovernmental Relations: Liberti (Chairman), Brown, Geller, Goode, Irvine, Martinez, Muscarella, Pruitt, Rayson Growth Management: Wallace (Chairman), Albright, Arnall, Chinoy, Corr, Holland, Holzendorf, Mackey, Peeples, Stafford Corrections (Group III) Willie Logan, Jr. (Chairman), Edward J. Healey (Vice Chairman), Corrine Brown, Scott W. Clemons, Ronald C. Glickman, Carol Hanson, J. J. Holland, Jr., Frances L. "Chance" Irvine, John Long, Elvin L. Martinez, Sam Mitchell, Buzz Ritchie, Hurley W. Rudd, Debby P. Sanderson, Robert B. Sindler, Robert J. Starks, Joe Viscusi Subcommittees Prison Construction & Operations: Brown (Chairman), Clemons, Healey, Martinez, Ritchie, Sanderson, Starks Classification & Reorganization: Sindler (Chairman), Glickman, Hanson, Holland, Irvine, Long, Mitchell, Rudd, Viscusi Criminal Justice (Group IV) Elvin L. Martinez (Chairman), Tracy Stafford (Vice Chairman), Joseph Arnall, James C. Burke, Bill Clark, Steven A. Geller, Ronald C. Glickman, Frances L. "Chance" Irvine, Bruce McEwan, Norman Ostrau, Buzz Ritchie, Debby P. Sanderson, Charles W. Sembler II, Ronald A. Silver, Art Simon, Robert B. Sindler, Carlos L. Valdes Subcommittees Drug & Alcohol/Law Enforcement: Geller (Chairman), Arnall, Burke, Ostrau, Sembler, Sindler, Simon, Valdes Education: Long (Chairman), Arnold, Friedman, Garcia, King, Lawson, Prosecution & Punishment: Glickman (Chairman), Clark, Irvine, Tobiassen McEwan, Ritchie, Sanderson, Silver, Stafford Transportation & Economic Development: Mackenzie (Chairman), Albright, Cosgrove, Healey, Rojas, Rush, Sindler Claims (Group VI) Brian P. Rush (Chairman), Joseph Arnall, Richard S. Graham, Daryl L. Jones, Vernon Peeples, Dixie Newton Sansom, Charles R. Smith Commerce (Group I) Art Simon (Chairman), Robert B. Sindler (Vice Chairman), Jack Ascherl, Bill Clark, George A. Crady, Jim Davis, Mario Diaz-Balart, Mary Figg, David Flagg, Art Grindle, Alberto Gutman, Lars A. Hafner, James T. Hargrett, Jr., Jeffrey C. Huenink, Douglas L. Jamerson, James E. King, Jr., Michael Edward Langton, Marian V. Lewis, Frederick Lippman, Bruce McEwan, William Thomas Mims, Luis C. Morse, Norman Ostrau, Darryl Reaves, Charlie Roberts, R. Z. Safley Subcommittees Banking & Corporations: Langton (Chairman), Ascherl, Crady, Davis, Grindle, Hafner, Huenink, Jamerson, Lewis, Lippman, Morse, Roberts General Commerce & Workers' Compensation: Flagg (Chairman), Clark, Diaz-Balart, Figg, Gutman, Hargrett, King, McEwan, Mims, Ostrau, Reaves, Safley, Sindler Community Affairs (Group I) C. Fred Jones (Chairman), Betty S. Holzendorf (Vice Chairman), George Albright, Joseph Arnall, Corrine Brown, Kathy Chinoy, Chris Corr, Steven A. Geller, Harry C. Goode, Jr., J. J. Holland, Jr., Frances L. "Chance" Irvine, Ray Liberti, Joseph R. Mackey, Jr., Elvin L. Martinez, Patricia A. Employee & Management Relations (Group II) James T. Hargrett, Jr. (Chairman), John C. Rayson (Vice Chairman), Michael I. Abrams, Tom Banjanin, Chris Corr, Steven A. Geller, Ronald C. Glickman, Robert T. Harden, Bert J. Harris, Jr., Timothy F. Ireland, Frances L. "Chance" Irvine, Douglas L. Jamerson, Alfred J. Lawson, Jr., Bruce McEwan, Alzo J. Reddick, Charles W. Sembler II Subcommittees Employee Benefits: Geller (Chairman), Corr, Harris, Ireland, Irvine, Rayson, Reddick, Sembler Employer/Employee Relations: Glickman (Chairman), Abrams, Banjanin, Harden, Jamerson, Lawson, McEwan Ethics & Elections (Group II) Harry C. Goode, Jr. (Chairman), Kelley R. Smith, Jr. (Vice Chairman), James C. Burke, Scott W. Clemons, George A. Crady, Miguel A. De Grandy, Tom Feeney, Lois J. Frankel, J. J. Holland, Jr., Everett A. Kelly, Anne Mackenzie, Patricia A. Muscarella, Brian P. Rush, R. Z. Safley, David L. Thomas, Peter Rudy Wallace Subcommittees Elections: Crady (Chairman), Burke, Clemons, De Grandy, Feeney, Mackenzie, Muscarella, Wallace Ethics: Kelly (Chairman), Frankel, Holland, Rush, Safley, K. Smith, Thomas Finance & Taxation (Group VI) Michael I. Abrams (Chairman), Tom Tobiassen (Vice Chairman), J. Keith Arnold, Jack Ascherl, Stan Bainter, Tom Banjanin, Corrine March 8, 1991 91 |
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