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Title: Journal of the Florida House of Representatives
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Language: English
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Place of Publication: Tallahassee
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Preceded by: Journal of the House of Representatives of the session of ...

Table of Contents
    Title Page
        Page i
    June 1991
        Thursday, June 6
            Page 1
            Page 2
            Page 3
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
            Page 9
            Page 10
            Page 11
            Page 12
            Page 13
    Index
        Contents
            Page 14
        Bills Sponsored in "C" Session
            Page 15
        Miscellaneous Subjects
            Page 16
        Vetoed Bills
            Page 17
        Subject Index of House and Senate Bills, Resolutions, and Memorials
            Page 18
            Page 19
            Page 20
        Bills, Resolutions, and Memorials by Number, Subject, Sponsor, and Disposition
            Page 21
Full Text




Journal

of the

Florida



House of Representatives



Special



Session



June 6, 1991


of the
Seventy-fifth House
since Statehood in 1845



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



44c


















" The Journal OFTHE


House of Representatives


THIRD SPECIAL SESSION-"C" of 1990-1992



Number 1



Thursday, June 6, 1991



Journal of the House of Representatives for a Special Session of the Seventy-fifth House since Statehood in 1845, convened
by Proclamation of the Governor and held at the Capitol in the City of Tallahassee in the State of Florida, on Thursday,
June 6, 1991.



The House was called to order by the Honorable T. K. Wetherell,
Speaker, at 12:00 noon.
The following proclamation was read:

PROCLAMATION

State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE AND
THE FLORIDA HOUSE OF REPRESENTATIVES:
WHEREAS, the Twelfth Legislature of the State of Florida under the
Florida Constitution, 1968 Revision, convened in regular session for the
year 1991 on March 5, 1991, and adjourned on May 2, 1991, and
WHEREAS, the Governor, after consultation with the revenue
estimating conference has determined that a deficit will occur in the
General Revenue Fund for the fiscal year 1990-1991, and
WHEREAS, the Governor certified previous deficits for the fiscal year
1990-1991, totalling approximately $1,000,000,000 of revenue shortfall,
which resulted in substantial cuts in state spending from the General
Revenue Fund and an almost complete exhaustion of the Working Capital
Fund, and
WHEREAS, it is incumbent upon the Legislature to provide for
sufficient funding to defray the expenses of the state for each fiscal period,
and
WHEREAS, without legislative action the Administration Commission
could not so late in the fiscal year correct the deficit to avoid the violation
of Article VII, Section 1(d), Florida Constitution, without creating
substantial harm, and
WHEREAS, it is in the best interest of the citizens of the State of Florida
to call a Special Session of the Florida Legislature so that full and adequate
consideration can be given to those items set forth below.
NOW, THEREFORE, I, LAWTON CHILES, Governor of the State of
Florida, by virtue of the power and authority vested in me by Article III,
Section 3(c)(1), Florida Constitution, do hereby proclaim as follows:
Section 1.
The Legislature of the State of Florida is convened in Special Session
commencing at 12:00 noon on Thursday, the sixth day of June, 1991, and
ending at 6:00 p.m. on Thursday, the sixth day of June, 1991.
Section 2.
The Legislature of the State of Florida is convened for the sole and
exclusive purpose of considering the following:



(a) Legislation to address executive fiscal management tools to
effectively manage revenue deficits.
(b) Legislation to appropriate funds for the purchase, lease or
construction of a building to house the National High Magnetic Field
Laboratory.



IN TESTIMONY, WHEREOF, I have caused the
Great Seal of the State of Florida to be affixed to this
proclamation at the Capitol, this 29th day of May,
1991.
LAWTON CHILES
Governor



ATTEST:
JIM SMITH
Secretary of State
The following amended proclamation was read:

PROCLAMATION

State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE AND
THE FLORIDA HOUSE OF REPRESENTATIVES
WHEREAS, on the twenty-ninth day of May, 1991, a Proclamation of
the Governor was issued convening a Special Session of the Florida
Legislature commencing on June 6, 1991, at 12:00 noon and ending at 6:00
p.m. on that day, for the purpose of considering legislation to address
executive fiscal management tools to effectively manage revenue deficits
and legislation to appropriate funds to purchase, lease, or construct a
building to house the National High Magnetic Field Laboratory, and
WHEREAS, it is in the best interest of the State of Florida to call upon
the Florida Legislature to address the issues of the regulation of tandem
trailer trucking in Florida, and to change the composition and function of
the Florida High Speed Rail Commission and the Florida Transportation
Commission.
NOW, THEREFORE, I, LAWTON CHILES, Governor of Florida, by
virtue of the power and authority vested in me by Article III, Section
3(c)(1), Florida Constitution, do hereby proclaim as follows:
Section 2 of the Proclamation of the Governor dated May 29, 1991, is
hereby amended to read:
1



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



VIEI










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Section 2.
The Legislature of the State of Florida is convened for the sole and
exclusive purpose of considering the following:
(a) Legislation to address executive fiscal management tools to
effectively manage revenue deficits.
(b) Legislation to appropriate funds for the purchase, lease or
construction of a building to house the National High Magnetic Field
Laboratory.
(c) Legislation conforming Florida Statutes to Federal regulations
regarding truck dimensions and safety requirements including the use of
tandem trailer trucks in Florida and authorizing the Department of
Transportation to develop safety and engineering standards to be used
when identifying public roads and streets to be restricted to tandem trailer
truck operations.
(d) Legislation to abolish the Florida High Speed Rail Commission and
transfer its authority and function to the Department of Transportation
and legislation to add two members to the Florida Transportation
Commission.
IN TESTIMONY WHEREOF, I have hereunto set
my hand and have caused the Great Seal of the State
S of Florida to be affixed at Tallahassee, the Capitol,
this 6th day of June, 1991.
\i LLAWTON CHILES
Governor
ATTEST:
JIM SMITH
Secretary of State

Prayer
The following prayer was offered by the Reverend Hal Marchman,
Central Baptist Church, Daytona Beach:
As we begin to think about a prayer, there are three people that we want
to ask you to remember today in a special way: Marilyn Horenbein, who
is in the hospital here in Tallahassee in serious condition; Bill Walker, in
the hospital in New Orleans; and we want to continue to remember
Representative Dennis Jones and his family. Let us pray.
Almighty God, help all of us as we try to be still and know that You are
God. We give thanks for this great nation and pray that "long may this land
be bright with freedom's holy light. Protect us by Thy might, great God our
King." Amen.
The following Members were recorded present:



Figg
Flagg
Foley
Frankel
Friedman
Garcia
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Hafner
Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann



Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson, Bo
Johnson, Buddy
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Langton
Laurent
Lawson
Lewis
Liberti
Lippman
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
Simon
Simone
Sindler
Smith, C.



Smith, K.
Stafford
Starks
Stone
Thomas



Tobiassen
Trammell
Valdes
Viscusi
Wallace



Webster
Wise
Young



Excused: Representatives Lombard and Ostrau, after 6:00 p.m.;
Representative Arnall, due to conflicting business; Representative
Banjanin, due to illness; Representative Gutman, until 1:46 p.m.;
Representative Logan, due to conflicting business; Representative Silver,
due to conflicting business; Representative Tobin, due to conflicting
business; Representative Chinoy, after 12:15 p.m.; Representative
Chestnut, after 2:05 p.m.; Representative Bloom, after 5:43 p.m.;
Representative Mackey after 2:49 p.m.
A quorum was present.

Pledge
The Members, led by Speaker Wetherell, pledged allegiance to the Flag.

House Physician
The Speaker announced that Representative Thomas was serving as the
House Physician today.

The Journal
The Journal of May 2 was corrected and, as corrected, was approved.



Introduction and Reference



By Representatives Sansom, Wise, Bainter, Lewis, Hoffmann, Feeney,
Graham, Arnall, Valdes, Stone, Irvine, Lombard-
HB 1-C-A bill to be entitled An act relating to the state correctional
system; prohibiting the grant of basic gain-time for persons convicted of
sexual battery against certain persons; providing an effective date.
Placed in the Committee on Rules & Calendar.

By Representative Cosgrove-
HB 5-C-A bill to be entitled An act relating to the tourist development
tax; amending s. 125.0104, F.S.; authorizing certain counties to impose an
additional tourist development tax; providing for application; providing for
use of proceeds; providing an effective date.
Placed in the Committee on Rules & Calendar.

By Representative Pruitt-
HB 7-C-A bill to be entitled An act relating to ad valorem taxes;
amending s. 200.065, F.S.; providing for application to all taxing
authorities; superseding certain special laws; providing an effective date.
Placed in the Committee on Rules & Calendar.

By Representative Hill-
HB 9-C-A bill to be entitled An act relating to jurors; amending s. 7,
ch. 91-235, Laws of Florida; changing the effective date of specified
provisions in ch. 91-235, Laws of Florida, which relate to creation of jury
lists and eligibility for jury duty; providing an effective date.
Placed in the Committee on Rules & Calendar.

By Representative Hill-
HB 11-C-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.
Placed in the Committee on Rules & Calendar.



The Chair
Abrams
Albright
Arnold
Ascherl
Bainter
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Chestnut
Chinoy
Clark
Clemons
Corr
Cosgrove
Crady
Davis
De Grandy
Deutsch
Diaz-Balart
Feeney



2



June 6, 1991










JOURNAL OF THE HOUSE]



By Representative Sansom--
HB 15-C-A bill to be entitled An act relating to sexual battery;
amending s. 794.011, F.S.; providing capital or life felony penalties for
sexual battery upon any victim less than 18 years of age; providing an
effective date.
Placed in the Committee on Rules & Calendar.

By Representatives Tobiassen, Ritchie-
HB 19-C-A bill to be entitled An act relating to the State
Comprehensive Plan; amending s. 163.3177, F.S.; providing for application
of certain administrative proceedings to rules of the state land planning
agency which pertain to local government comprehensive plans; deleting
provisions providing for legislative approval and oversight of such rules;
amending s. 163.3184, F.S.; providing for judicial review of certain final
orders of the Administration Commission; deleting provisions providing
for good faith filings and exclusive proceedings; providing an effective date.
Placed in the Committee on Rules & Calendar.

By Representatives Langton, Albright, Viscusi-
HB 25-C-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.
Placed in the Committee on Rules & Calendar.

Admitted for Introduction
On motions by Rep. Bo Johnson, the rules were waived and HBs 21-C,
23-C and 27-C were admitted for introduction by the required
constitutional two-thirds vote, the Speaker having ruled the measures were
outside the purview of the Call.

By Representative Rush-
HB 17-C-A bill to be entitled An act relating to commercial motor
vehicles; amending s. 316.003, F.S.; providing definitions; amending s.
316.302, F.S.; updating a reference; amending s. 316.610, F.S.; relating to
vehicle safety inspection; amending s. 316.515, F.S.; revising language with
respect to maximum width, height, and length; providing effective dates.
-was read the first time by title and referred to the Committees on
Transportation and Rules & Calendar.

By Representatives Saunders and Abrams-
HB 21-C-A bill to be entitled An act making appropriations; reducing
amounts appropriated in previous years from the State Infrastructure
Fund; transferring moneys from the Principal State School Trust Fund,
Law Enforcement Radio System Trust Fund, and the Non-Mandatory
Land Reclamation Trust Fund to the General Revenue Fund; providing
Public Education Capital Outlay moneys for the annual period beginning
July 1, 1991, and ending June 30, 1992, for capital outlay purposes;
appropriating moneys from the State Infrastructure Fund to the General
Revenue Fund; providing for a lease purchase analysis to be performed by
the Department of General Services; providing an effective date.
-was read the first time by title and referred to the Committee on
Appropriations, consent for its introduction by the required constitutional
two-thirds vote having been given earlier.

By Representatives Saunders and Abrams--
HB 23-C-A bill to be entitled An act relating to fiscal affairs of the
state; authorizing the Administration Commission to transfer certain
moneys from certain trust funds to the General Revenue Fund to avoid a
deficit in the General Revenue Fund for fiscal year 1990-1991; providing
limitations and exceptions; providing a delay plan for release of the fiscal
year 1991-1992 operating budget; amending s. 211.3103, F.S.; changing the



distribution of the tax on severance of phosphate rock; amending s.
378.034, F.S.; increasing the portion of the uncommitted Nonmandatory



June 6, 1991



May 31, 1991



The Honorable T. K. Wetherell
Speaker of the House of Representatives



Dear Mr. Speaker:
In compliance with the provisions of Article III, Section 8(b) of the State
Constitution, I am transmitting to you for consideration of the House the
following 1991 vetoed bills, Regular Session. The Governor's objections are
attached thereto.
CS/HB 95 Relating to substance abuse punishment
CS/HB 193 Relating to games of chance
CS/HB 359 Relating to firearms
HB 633 Relating to federal liens
CS/HB 653 An act for the relief of Edith and Lewis Crosley,
parents of Todd Patrick Neely
HB 1605 Relating to the Indian Trail Water Control District,
Palm Beach County
HB 1809 Relating to elections
HB 1907 Relating to tax on sales, use, and other transactions
HB 2315 Relating to Manatee County
Sincerely,
JIM SMITH
Secretary of State



E OF REPRESENTATIVES 3


Land Reclamation Trust Fund balance available for approved reclamation
contracts on an annual basis; directing the Department of Natural
Resources to require notice of intent to file an application for approval of
reclamation projects; amending s. 253.023, F.S., to correct a cross reference;
providing effective dates.
-was read the first time by title and referred to the Committee on
Appropriations, consent for its introduction by the required constitutional
two-thirds vote having been given earlier.

By Representative Peeples-
HB 27-C-A bill to be entitled An act relating to transportation;
amending s. 20.23, F.S.; increasing the membership of the Florida
Transportation Commission; revising the quorum requirement for the
commission to take action; assigning the administration of the high-speed
rail program to the public transportation administrator of the department;
amending s. 212.055, F.S.; authorizing a transit surtax in certain charter
counties and specifying uses of the revenues from the tax; amending s.
316.003, F.S., relating to definitions of terms used in ch. 316, F.S.; replacing
the term "terminal facilities" with the term "terminal" and redefining the
term; defining the term "maxi-cube vehicle"; amending s. 316.515, F.S.;
revising width and length limitations for vehicles; authorizing maxi-cube
vehicles to operate on routes open to tandem trailer trucks under the same
conditions that are applicable to such trucks; revising exclusions from
width and length limitations; abolishing the Florida High-Speed Rail
Transportation Commission and transferring its authority, powers, duties,
responsibilities, functions, liabilities, records, property, personnel, and
unexpended balances of appropriations, allocations, and other funds to the
Department of Transportation; providing for continuance of existing rules;
providing for pending proceedings; repealing ss. 341.323, 341.324, 341.326,
F.S., relating to the Florida High-Speed Rail Transportation Commission;
amending s. 343.53, F.S.; revising the membership of the Tri-County
Commuter Rail Authority; amending s. 343.63, F.S.; revising the
membership of the Central Florida Commuter Rail Authority; amending
s. 343.73, F.S.; revising the membership of the Tampa Bay Commuter Rail
Authority; providing for construction of laws enacted at the 1991 Regular
Session in relation to this act; providing effective dates.
-was read the first time by title and referred to the Committee on
Transportation, consent for its introduction by the required constitutional
two-thirds vote having been given earlier.

Communications

Vetoed Bills
The following veto messages were received:










4 JOURNAL OF THE HOUSE



The Honorable Jim Smith May 29, 1991
Secretary of State
Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article IH, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for House Bill 95, enacted by the 93rd
Regular Session since statehood in 1845, convened under the Constitution
of 1968, during the Regular session of 1991, and entitled:
An act relating to substance abuse punishment; amending s.
921.187, F.S.; authorizing specified substance abuse punishment
programs as sentencing alternatives for certain felony drug
possessors and felony drug sellers, manufacturers, and deliverers;
amending s. 893.15, F.S., and creating s. 893.155, F.S.; providing
for placement on probation with set conditions; authorizing
residential supervision in a probation and restitution center or
other specified residential facility in certain circumstances;
authorizing the withholding of adjudication for first-time felony
drug possessors; providing penalties for violation of probation;
providing for fines; providing for reports; creating circuit
correctional planning committees; providing an effective date.
Committee Substitute for House Bill 95 provides for an array of
discretionary sentencing options for drug offenders. For first time and
repeat offenders, the bill provides for a mandatory scheme which a court
must follow if it sentences a drug offender to probation for possession, sale,
purchase, manufacture or delivery of certain controlled substances. These
mandatory provisions include fines, specific periods of probation and
community service, specific terms of substance abuse education, random
drug testing, participation in self-help groups and, in some cases,
mandatory sentences to be served at state probation and restitution
centers. The length of time for the substance abuse education, time served
in probation and restitution centers, community service and other
punishments are tied strictly to the number of prior offenses.
All of the alternatives provided in the bill for those who violate the drug
laws for possession, sale, manufacture or delivery are currently available
for the court to use when sentencing offenders. However, now, the court
has the discretion on a case-by-case basis to extend or limit the conditions
of probation for drug offenders, and to appropriately set the sentence to
fit the crime. To impose a list of minimum mandatory punishments,
programs or hours to be completed is to unacceptably tie the hands of the
courts and risk public safety.
This bill also imposes mandatory punishments which may be
appropriate to some offenders in some parts of the state, but, for example,
may be too lenient for others. The judges, working in conjunction with the
other members of the criminal justice system, are best equipped to
sentence offenders on an individual basis, and should not be dictated to by
the state.
I am also concerned about the possible waste of state resources if drug
offenders do not need to serve the length or type of sentence the bill
mandates. The public would be better served to have those who need drug
treatment and supervision receive it than to have people who do not need
it tie up our state facilities and probation personnel.
Another problem I see is that this bill allows for the creation of circuit
correctional planning committees. This is in addition to the county
correctional planning committees already established in s. 951.26, F.S., and
is clearly redundant to the functions of those committees and the current
statute. If the counties within a circuit wished to form such a committee
and assist offenders in obtaining employment, on a circuit-wide basis, they
could cooperate and do so now under current law.
Not all drug sellers or manufacturers are substance abusers, and are
instead dealing in drugs for financial gain. Therefore, I am troubled by the



imposition of drug treatment and testing on these sellers and
manufacturers who may not be addicted or who may need more restrictive
forms of probation supervision than are provided for here. Once more,
through its mandatory sentencing and program aspects, this bill ties the
hands of judges and does not best serve the public's safety interests.



E OF REPRESENTATIVES



June 6, 1991



Finally the bill provides for mandatory lenths of stay for offenders in the
Department's probation and restitution centers. The mandatory length of
stay ranges from a minimum of 90 to 360 days. This approach could cost
the state thousands of dollars as it severely restricts the use of the
probation and restitution centers for prison diversions. Once more, we need
to consider the cost to the public and emphasize the appropriate sentencing
of probationers a case-by-case basis, and not whole cloth as this bill
proposes we do.
This bill has admirable goals of helping offenders obtain jobs and
encouraging drug treatment, self-help program participation, drug testing
and community service for drug offenders. However, because the state can
impose these sanctions now, and as the decisions regarding the conditions
of probation should be made on a local level, I am withholding my approval
of Committee Substitute for House Bill 95 and do hereby veto the same.
With kind regards, I am
Sincerely,
LAWTON CHILES
Governor



The Honorable Jim Smith
Secretary of State



May 30, 1991



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for House Bill 193, enacted by the 93rd
Regular Session since statehood in 1845, convened under the Constitution
of 1968, during the Regular Session of 1991, and 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.
Committee Substitute for House Bill 193 would have allowed charitable,
non-profit or veterans' organizations to conduct drawings which amount
to lotteries.
Article X, Section 7, of the Florida Constitution prohibits the kind of
non-state run lottery which this bill would have allowed. A joint resolution
to effectuate an amendment to our Constitution allowing these lotteries
was not passed by the Legislature. Without passage of a constitutional
amendment, this bill is unnecessary.
I am therefore withholding my approval of Committee Substitute for
House Bill 193 and do hereby veto the same.
With kind regards, I am
Sincerely,
LAWTON CHILES
Governor



The Honorable Jim Smith
Secretary of State



May 28, 1991



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, Committee Substitute for House Bill 359, enacted by the 23rd
Regular Session since the Constitution of 1968, during the Regular Session
of 1991, and entitled:










JOURNAL OF THE HOUSI



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
certain licensing and penal provisions; amending s. 843.025, F.S.;
making unlawful depriving a correctional officer of his weapon or
radio under certain circumstances; providing penalties; providing
an effective date.
Committee Substitute for House Bill 359 would have authorized a
correctional probation officer to carry a concealed firearm at that officer's
discretion. I wholeheartedly support the ability of a correctional probation
officer to defend himself or herself. However, if that officer wishes to use
a firearm for self-defense, the grant of permission and authority to carry
that concealed firearm must reside in the Department of Corrections, not
the individual officer. The Department of Corrections is responsible for
overseeing the activities and responsibilities of its employees, as well as
assuring their safety. It, therefore, must have the ability to direct and allow
the use of a weapon as dangerous as a firearm.
The Department of Corrections has adopted rules and policies to govern
the granting of permission for correctional probation officers to carry
concealed firearms. As the need to protect our correctional probation
officers is great, and one of which we must all be assured, I am asking the
Department to review its rules and policies to see if they need to be
strengthened or improved to increase the ability of an officer to defend
himself or herself on the job.
Further, the bill goes far beyond the goal of correctional probation
officers' self-defense, and the duties of probation officers, when it allows
the officer to carry a weapon under a "reasonable belief' that the use of a
firearm is necessary to "prevent imminent death or great bodily harm to
himself or another or to prevent the imminent commission of a forcible
felony..." Protecting others from harm and preventing the commission of
forcible felonies are but some of the duties and responsibilities of trained
and commissioned law enforcement officers, not correctional probation
officers.
Therefore, I am withholding my approval of Committee Substitute for
House Bill 359 and do hereby veto the same.
With kind regards, I am
Sincerely,
LAWTON CHILES
Governor


The Honorable Jim Smith May 30, 1991
Secretary of State
Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, House Bill 633, enacted by the 93rd Regular Session since
statehood in 1845, convened under the Constitution of 1968, during the
Regular Session of 1991, and 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 for an effective date.
House Bill 633 would adopt the Uniform Federal Lien Registration Act,
the provisions of which designate the place in Florida where federal liens
are to be filed. Federal liens on real property would be filed with the clerk
of the circuit court in the county where the property is located and federal
liens on personal property, with some exceptions, would be filed with the
Secretary of State.
I support the substance of this legislation and regret that I must object
to House Bill 633 on the basis that the Legislature has failed to create



sufficient positions so that the Department of State has the personnel to
perform its duties under the act.



OF REPRESENTATIVES 5

I am therefore withholding my approval of House Bill 633 and do hereby
veto the same.
With kind regards, I am
Sincerely,
LA WTON CHILES
Governor



The Honorable Jim Smith
Secretary of State



May 29, 1991



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, House Bill 653, enacted by the 93rd Regular Session since
statehood in 1845, convened under the Constitution of 1968, during the
Regular Session of 1991, and 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.
House Bill 653 is a claim bill to compensate Edith and Lewis Crosley,
parents of Todd Patrick Neely for expenses incurred in defense of their son
who was convicted of burglary and attempted first degree murder. After
the trial it was discovered that the prosecutor had failed to disclose
evidence of another suspect whose name surfaced in police canvass reports.
After the trial judge denied a motion for a new trial, the District Court of
Appeal ordered a new trial, thereupon the State Attorney dismissed the
action based upon his conclusion that the state could not meet the burden
of providing the defendant's guilt beyond a reasonable doubt in light of the
conflicting testimony.
Todd Neely filed a motion for sanctions against the State Attorney based
upon a willful violation of the rules of discovery. The court granted the
motion and entered a final judgment awarding Neely $157,455.51 against
the State Attorney for the Nineteenth Circuit. This amount is comprised
of $138,087.41 attorneys fees and $102,868.10 costs, less $12,500.00 which
had been paid by Martin County for costs and less $71,000.00 which had
been received as voluntary contributions by the public. Since the time the
bill was heard by the Special Masters for the House and Senate, the
settlement of a suit pending against the State Attorney resulted in the
payment of another $100,000.00 by the State Attorney. To date, the family
has been compensated $257,455.51 from the State Attorney's Office and
$12,500.00 by Martin County, a total of $269,955.51, and has received
public contributions of $71,000.00 (or a total of $340,955.51).
Damages claimed through this relief bill include:
$ 32,581 Attorneys fees incurred but not "available" at time of
sanctions hearing
15,478 Attorneys fees incurred subsequent to hearing
17,311 Costs incurred but not presented at hearing
1,871 Costs incurred subsequent to hearing
45,830 Interest on loans
6,867 Interest and penalties to IRS for late filing
25,000 Bankruptcy and business failure of mother's business
120,000 Lost wages of mother (1987-1990)
60,000 Support of defendant (1987-1990)
While I empathize with this family and greatly respect the devotedness
of these parents to go to such extents to see that their son was exonerated
and that justice prevailed, and while I condemn the wrongful actions found
to have been committed by the assistant state attorney charged with
prosecuting this case, I find that I must object to the payment of this
additional $250,000 claim for the following several reasons.
First, the purpose of a claim bill is to compensate a person who has
suffered damages "...but who is without a judicial remedy or who is not
otherwise legally compensable." Legislative Claim Bills, The Florida Bar
Journal, D. Stephen Kahn (1988). With regard at least to attorneys fees



June 6, 1991










JOURNAL OF THE HOUSE OF REPRESENTATIVES



and costs, a legal remedy was available and was employed through the
imposition of sanctions against the Office of the State Attorney. While a
civil rights action against the State Attorney has been settled, Todd
Neely's attorney has expressed his intent to file a civil rights action against
the Sheriff. With the exception of this case, the Legislature has steadfastly
adhered to its policy that a claim bill is premature when a claimant has not
first exhausted all legal remedies. This is a wise and fiscally sound policy
which should not be abrogated because a case becomes particularly
notorious.
Second, and closely related, we must not lose site of the fact that the
purpose of a claims bill is to compensate a claimant for damages and it is
not designed to impose penalties on the governmental entity that caused
a person to incur damages. This is another reason why exhaustion of legal
remedies is crucial. Monetary sanctions have been imposed by the court,
such sanctions representing a form of penalty imposed by the court for
violation of its rules. The assistant state attorney is currently undergoing
disciplinary proceedings instigated by the Florida Bar. The State Attorney
has had complaints filed against him with my office, and these complaints
are currently undergoing investigation by my legal staff. If malfeasance,
misfeasance, neglect of duty or other constitutional ground is found to have
been committed, the State Attorney is subject to suspension and removal
from office. These are the penalties appropriate for such misconduct. In
addition, upon proof of violation of a person's civil rights, other monetary
damages are available through the appropriate legal process. The effect of
this bill will be to penalize the citizens of the Nineteenth Circuit who
expect that crimes committed in their circuit will be prosecuted and that
the many other services, such as victim-witness services, will be provided,
as well as to penalize the many employees of the State Attorney's Office
who have served the public honorably and who were in no way involved in
the impropriety, by increasing their case loads, increasing the vacancy
periods in needed attorney and support staffing levels, and decreasing any
likelihood of training, promotions, or other benefits.
Third, the bill imposes the full amount of the claim on the budget of the
Office of the State Attorney, but the degree of culpability of that office
appears to be in question. The bill itself directs the State Attorney to seek
reimbursement from Martin County for up to one-half the amount of the
claim, although leaves such payment in the full discretion of the County.
The forthcoming suit against the Sheriff suggests that the County may in
fact share some amount of the liability for these damages. Prior to the
result of this suit and my findings after investigation, it appears premature
to assess this expense against any one particular party.
Fourth, I question whether some of the damages claimed are an
appropriate use of scarce public funds. For example, the Crosley's have
claimed $60,000 for the support of their son for a period of four years, some
of which time the record shows Todd Neely was employed, and $67,241 for
attorneys fees and costs which were not brought before the court in a
request for sanctions.
Finally, both the Senate and the House Special Masters, who are charged
with hearing these claims and researching the appropriate legal matters,
recommended against payment of this claim. Their reasons include the
following cogent considerations: (1) that the judgment as to what
sanctions should be applied for the breach of judicial rules belongs
exclusively to the judicial branch, and (2) that unless the Legislature
chooses to adopt a policy for the reimbursement of all voluntary actions
taken on behalf of accused persons who are discharged or acquitted, it
appears inequitable to compensate this lone case out of the many who find
themselves in a position which requires them to expend vast amounts of
money for their defense.



May 29, 1991



The Honorable Jim Smith
Secretary of State



Dear Secretary Smith:

By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, House Bill 1605, enacted by the 93rd Regular Session since
statehood in 1845, convened under the Constitution of 1968, during the
Regular Session of 1991, and entitled:
An act relating to the 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 a district property;
providing an effective date.
Water control districts were created for the single purpose of draining
and managing surface waters and shallow surficial groundwater levels;
their powers in effecting this purpose are limited to drainage, protection
and reclamation of areas within their boundaries.
House Bill 1605 expands the power of the Indian Trail Water Control
District, an independent special district within Palm Beach County, by
granting the District the authority to operate, construct and maintain
recreational facilities, street lighting, conservation areas and insect control
facilities. Furthermore, the district may acquire land for capital
improvements, adopt user fees, appoint landowners to advisory boards and
committees, and grant permits for structures connecting to works of the
district and assess permit fees.
I recognize that in the past, a large number of water control districts have
expanded their original jurisdiction into many other areas through
enactment of special acts of the Legislature. I object, however, to this
manner of creating what is in effect a Chapter 190 community development
district by avoiding the controls and regulations that govern CDD's. The
types of development activities authorized by House Bill 1605 are not now
appropriate under the general statutory purposes expressed within
Chapter 298 for water control districts. Section 190.005 (3), Florida
Statutes, established a procedure for the reestablishment of a district such
as a water control district, as a CDD. If the residents within a water control
district desire to expand the district into a CDD, then it should become a
CDD, not remain a water control district with the power of a CDD.
It is my understanding that the House Community Affairs Committee
is conducting an interim study on this very issue and that the Legislature
will address the propriety of expanding the authority of water control
districts and other special districts by passage of special acts in its next
regular session. Prudence dictates that these conclusions be made before,
not after, expanding the powers of more special districts.



I am therefore withholding my approval of House Bill 653 and do hereby I am therefore withholding my approval of House Bill 1605 and do
veto the same. hereby veto the same.



With kind regards, I am



With kind regards, I am



Sincerely,
LAWTON CHILES
Governor



Sincerely,
LAWTON CHILES
Governor



June 6, 1991



6










JOURNAL OF THE HOUSE OF REPRESENTATIVES



The Honorable Jim Smith
Secretary of State
Dear Secretary Smith:



May 29, 1991 I am therefore withholding my approval of House Bill 1907 and do
hereby veto the same.
With kind regards, I am



By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, House Bill 1809, enacted by the 93rd Regular Session since
statehood in 1845, convened under the Constitution of 1968, during the
Regular Session of 1991, and entitled:
An act relating to elections; amending s. 100.371, F.S.; requiring
the sponsor to certify that no per-signature fee has been paid to
any person for signing an initiative petition; providing an effective
date.
House Bill 1809 would require that the sponsor of an initiative petition
for amendment to the Florida Constitution, submit an affidavit with each
petition to be verified, which certifies that no per-signature fee was paid
to any person by or on behalf of the sponsor for obtaining the signature.
I object to this additional burden that would be placed upon a person
who wishes to propose a constitutional amendment to the citizens of this
state. I am unaware of any abuse of the current initiative petition
procedure that would warrant more stringent regulation. Further, the
sponsor of an initiative petition would often not be possessed of the
personal knowledge regarding how signatures were obtained in order that
he or she in good faith could execute an affidavit stating that no per-
signature fee was paid. In practice, initiative petitions are printed in
magazines, trade publications and newspapers; they are gathered at civic
functions, trade meetings and churches. A sponsor is often presented by
mail with large envelopes full of executed petitions and can have no basis
for swearing under oath as to the particulars of their execution.
House Bill 1809 represents a remedy without a problem. I trust the
citizens of this state to wisely exercise their authority and duty in voting
on initiative petitions based on the substance of the proposed
constitutional amendment. I find no need to make the procedure for
presenting such questions to the people more difficult.
I am therefore withholding my approval of House Bill 1809 and do
hereby veto the same.
With kind regards, I am
Sincerely,
LAWTON CHILES
Governor


The Honorable Jim Smith May 29, 1991
Secretary of State
Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, House Bill 1907, enacted by the 93rd Regular Session since
statehood in 1845, convened under the Constitution of 1968, during the
Regular Session of 1991, and entitled:
An act relating to tax on sales, use and other transactions;
amending s. 212.055, F.S.; providing that the projects proposed to
be funded by the local government infrastructure surtax may be
voted on individually; specifying effect of disapproval of projects;
providing an effective date.



The Honorable Jim Smith
Secretary of State



Dear Secretary Smith:
By the authority vested in me as Governor of Florida, under the
provisions of Article III, Section 8, of the Constitution of the State of
Florida, I do hereby withhold my approval and transmit to you with my
objections, House Bill 2315, enacted by the 93rd Regular Session since
statehood in 1845, convened under the Constitution of 1968, during the
Regular Session of 1991, and entitled:
An act relating to Manatee County; consolidating the Oneco-
Tallevast Fire Control District and the Samoset Fire Control
District into the Southern Manatee Fire and Rescue District and
creating a board of commissioners of the new district; providing
for election of board members; providing for impact fees;
providing a schedule of special assessments; providing
consolidation; repealing chapter 84-477, Laws of Florida, as
amended, relating to the Oneco-Tallevast Fire Control District;
repealing chapter 84-481, Laws of Florida, as amended, relating
to the Samoset Fire Control District; providing an effective date.
House Bill 2315 consolidates the Oneco-Tallevast Fire Control District
and the Samoset Fire Control District into the Southern Manatee Fire and
Rescue District and repeals the special acts which created the original fire
control districts. Special districts have no powers except those conferred
by law. Unfortunately, since the initial acts were repealed and House Bill
2315 does not provide for many of the necessary powers of the district,
upon this bill becoming law, the Manatee Fire and Rescue District would
have no authority to fight fires, no personnel, no ability to expend funds,
uncertain governance, and great potential liability.
I am aware that the district is depending on the special assessment
increase contained in the bill to fund their budget; however, the technical
errors contained in House Bill 2315 would create problems even more
severe than the inability to increase the District's revenues.
I am therefore withholding my approval of House Bill 2315 and do
hereby veto the same.
With kind regards, I am
Sincerely,
LAWTON CHILES
Governor
Pursuant to Rule 7.12, vetoed bills CS/HB 95, CS/HB 193, CS/HB 359;
HB 633; CS/HB 653; HB 1605, HB 1809, HB 1907, HB 2315 (1991 Regular
Session), together with the Governor's objections thereto, were referred to
the Committee on Rules & Calendar.

Recessed
On motion by Representative Bo Johnson the House recessed at 12:15
p.m. to reconvene upon call of the Speaker.



House Bill 1907 would allow counties to place individual projects on the
ballot which could be funded by local government infrastructure surtaxes. nven
I am concerned that the effect of this bill would be to shift revenues The House was called to order by the Speaker at 1:46 p.m. A quorum was
generated by local sales taxes into a supplement to ad valorem taxation. present.
The Legislature originally passed legislation allowing local governments to By the Committee on Appropriations and Representatives Saunders an
raise sales tax revenues to assist local governments in funding a backlog of Abrams-
infrastructure needs. Since county and municipal governments have not
yet addressed all local infrastructure needs, it is inappropriate to shift CS/HB 21-C-A bill to be entitled An act making appropriations;
these dollars away from the support of local infrastructure into an reducing amounts appropriated in previous years from the State
augmentation of ad valorum taxation. Infrastructure Fund; transferring moneys from the Principal State School



Sincerely,
LAWTON CHILES
Governor



May 30, 1991



7



June 6, 1991










8



Trust Fund, Law Enforcement Radio System Trust Fund, and the Non-
Mandatory Land Reclamation Trust Fund to the General Revenue Fund;
providing Public Education Capital Outlay moneys for the annual period
beginning July 1, 1991, and ending June 30, 1992, for capital outlay
purposes; appropriating moneys from the State Infrastructure Fund to the
General Revenue Fund; providing for a lease purchase analysis to be
performed by the Department of General Services; providing an effective
date.
-was read the first time by title. On motion by Rep. Saunders, the rules
were waived by two-thirds vote and the bill was read the second time by
title.
Representative C. F. Jones offered the following amendment:
Amendment 1-In Section 01, strike:
4 Transfers to General Revenue
From Law Enforcement Radio System
Trust Fund $9,000,000
5 Special Categories
Transfer to General Revenue Fund
From Non-Mandatory Land
Reclamation Trust Fund $20,000,000
Funds provided in Specific Appropriation 5 are contingent upon passage
of HB 23-C.
Rep. C. F. Jones moved the adoption of the amendment.
Further consideration of CS/HB 21-C, with pending amendment, was
temporarily deferred. Subsequently, the question recurred on the adoption
of Amendment 1, which failed of adoption.
Representative Saunders offered the following amendment:
Amendment 2-On page 11, strike all of Section 5 and insert new
Section 5:
Section 5. This act shall take effect upon becoming law, except that
Specific Appropriations 3A and 3B in Section 1, and Sections 2C and 4
shall take effect July 1, 1991.
Rep. Saunders moved the adoption of the amendment, which was
adopted without objection.
Subsequently, on motion by Rep. Saunders, the rules were waived by
two-thirds vote and CS/HB 21-C, as amended, was read the third time by
title. On passage, the vote was:
Yeas-92



The Chair
Abrams
Albright
Arnold
Ascherl
Bainter
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Clark
Clemons
Cosgrove
Crady
Davis
De Grandy
Deutsch
Figg
Flagg
Foley
Frankel



Friedman
Geller
Goode
Gordon
Graber
Grindle
Guber
Gutman
Hafner
Hargrett
Harris
Hawkins
Healey
Hill
Holzendorf
Ireland
Irvine
Jamerson
Jennings
Johnson, Bo
Jones, Daryl
Jones, Dennis
Kelly



King
Langton
Lawson
Lewis
Liberti
Lippman
Lombard
Long
Mackenzie
Mackey
Martinez
McEwan
Mishkin
Mitchell
Mortham
Muscarella
Ostrau
Peeples
Press
Rayson
Reaves
Reddick
Ritchie



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



Nays-16
Corr
Garcia
Glickman
Graham



Hanson
Harden
Hoffmann
Holland



June 6, 1991



Huenink
Johnson, Buddy
Jones, C. F.
Laurent



Morse
Thomas
Valdes
Viscusi



Pair Votes
I am paired with Rep. Logan on the passage of CS/HB 21-C. If he were
present, he would vote "Yea" and I would vote "Nay."
Representative Tom Mims
District 45
I am paired with Rep. Tobin on the passage of CS/HB 21-C. If he were
present, he would vote "Yea" and I would vote "Nay."
Representative Paul Hawkes
District 26
I am paired with Rep. Silver on the passage of CS/HB 21-C. If he were
present, he would vote "Yea" and I would vote "Nay."
Representative Ken Pruitt
District 79
I am paired with Rep. Chinoy on the passage of CS/HB 21-C. If she were
present, she would vote "Yea" and I would vote "Nay."
Representative Tom Feeney
District 37
Votes after roll call:
Yeas-Diaz-Balart, Chestnut
So the bill passed, as amended, and was immediately certified to the
Senate after engrossment.

HB 23-C-A bill to be entitled An act relating to fiscal affairs of the
state; authorizing the Administration Commission to transfer certain
moneys from certain trust funds to the General Revenue Fund to avoid a
deficit in the General Revenue Fund for fiscal year 1990-1991; providing
limitations and exceptions; providing a delay plan for release of the fiscal
year 1991-1992 operating budget; amending s. 211.3103, F.S.; changing the
distribution of the tax on severance of phosphate rock; amending s.
378.034, F.S.; increasing the portion of the uncommitted Nonmandatory
Land Reclamation Trust Fund balance available for approved reclamation
contracts on an annual basis; directing the Department of Natural
Resources to require notice of intent to file an application for approval of
reclamation projects; amending s. 253.023, F.S., to correct a cross reference;
providing effective dates.
-was taken up. On motion by Rep. Crady, the rules were waived by two-
thirds vote and the bill was read the second time by title.
The Committee on Appropriations offered the following amendment:
Amendment 1-On page 4, line 7, after the period insert: Any plan of
releases developed by the Executive Office of the Governor pursuant to
this section shall be subject to the notice, review, and objection
procedures set forth in section 216.177, Florida Statutes.
Rep. Saunders moved the adoption of the amendment, which was
adopted.
The Committee on Appropriations offered the following amendment:
Amendment 2-On page 3, between lines 23 and 24, insert:
(5) In lieu of the transfer of moneys from a trust fund to the General
Revenue Fund under subsection (1), at the discretion of the head of the
agency for which the trust fund is established, the agency may reduce the
amount of funds appropriated from the General Revenue Fund to the
agency by the amount required to be transferred from the trust fund by
the Administration Commission under subsection (1).
Rep. Saunders moved the adoption of the amendment, which was
adopted without objection.
The Committee on Appropriations offered the following title
amendment:



JOURNAL OF THE HOUSE OF REPRESENTATIVES










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Amendment 3-On page 1, line 8, after the semicolon insert: providing
for a reduction of General Revenue Fund appropriations in lieu of such
transfers;



Resolutions and Memorials on Second Reading

By Representatives Figg and Lewis-



Rep. Saunders moved the adoption of the amendment, which was HR 3-C-A resolution designating October 1991 as Breast Cancer
adopted without objection. Awareness Month.



Representative Harris offered the following amendment:
Amendment 4-On page 3, between lines 12 and 13, insert: (1) The
Florida Citrus Advertising Trust Fund; redesignatee subsequent
paragraphs)
Rep. Harris moved the adoption of the amendment, which failed of
adoption.
Representatives Lawson and Tobiassen offered the following
amendment:
Amendment 5-On page 3, line 24, insert:
(5) Prior to March 30, 1992, the Legislature shall transfer from the
General Revenue Fund amounts sufficient to repay any trust fund the
amounts transferred to the General Revenue Fund pursuant to this
section. (renumber subsequent sections)
Rep. Lawson moved the adoption of the amendment, which failed of
adoption.
On motion by Rep. Saunders, the rules were waived by two-thirds vote
and HB 23-C, as amended, was read the third time by title. On passage,
the vote was:



Glickman
Goode
Gordon
Graber
Grindle
Guber
Gutman
Hafner
Hanson
Hargrett
Hawkins
Healey
Hill
Holland
Holzendorf
Ireland
Irvine
Jamerson
Jennings
Johnson, Bo
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Langton


Graham
Harden
Harris



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



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


Hawkes
Hoffmann
Huenink



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



Johnson, Buddy
Pruitt
Thomas



and was immediately certified to the



On motion by Rep. Bo Johnson, the rules were waived and the House
advanced to the order of-



WHEREAS, the FACTORS breast cancer support group at H. Lee
Moffitt Cancer Center & Research Institute at the University of South
Florida formed to provide breast cancer patients and all interested women
with an educational and supportive approach to handling breast cancer,
and
WHEREAS, FACTORS stands for "Fighting Against Cancer Together,"
and
WHEREAS, Florida has the highest incidence and death rates for cancer
in the United States, and
WHEREAS, of the 175,000 women in the United States diagnosed with
breast cancer during 1991, 10,500 will be citizens of Florida, and
WHEREAS, breast cancer is still a deadly disease unless diagnosed
early, and
WHEREAS, an estimated 44,500 women in the United States will die of
breast cancer in 1991, and 2,700 of them will be in Florida, and
WHEREAS, the key to saving lives is expanding the accessibility and
reliability of early detection techniques, educating women to make these
techniques part of their lives, and expanding research on the causes,
treatment, and prevention of breast cancer, and
WHEREAS, the National Association of Breast Cancer Organizations
has designated October as Breast Cancer Awareness Month across the
nation, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That the Florida House of Representatives hereby declares October 1991
as Breast Cancer Awareness Month in Florida and urges all women to
recognize the risks associated with breast cancer and take preventive steps
to minimize those risks and engage in early detection methods such as
mammography.
-was read the first time by title and the second time by title. On motion
by Rep. Figg, the resolution was adopted.

By Representative Brennan-
HR 13-C-A resolution recognizing the week of October 19-26, 1991, as
National Red Ribbon Week for the purpose of encouraging persons to
display opposition to illegal drug use by wearing a red ribbon.
WHEREAS, communities throughout the State of Florida are observing
National Red Ribbon Week, October 19-26, 1991, during which all
members of the community are urged to display a red ribbon as their way
of saying, "My Choice-Drug Free," and
WHEREAS, citizens throughout the state are encouraged during
National Red Ribbon Week to wear red ribbons to show their opposition
to drug abuse, and
WHEREAS, comprehensive public awareness campaigns such as the
National Red Ribbon Campaign are important means of involving a wide
range of persons and organizations in the reduction of demand for illegal
drugs, and
WHEREAS, community-based drug abuse prevention efforts are a
necessary part of any strategy to end the drug crisis in this state, NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That the week of October 19-26, 1991, is recognized as National Red
Ribbon Week and October 19, 1991, as National Red Ribbon Day, during
which the residents of the state are encouraged to show opposition to illegal
drug use by wearing a red ribbon.
-was read the first time by title and the second time by title. On motion
by Rep. Brennan, the resolution was adopted.



Yeas-101
The Chair
Abrams
Albright
Arnold
Ascherl
Bainter
Bloom
Boyd
Brennan
Bronson
Brown
Burke
Clark
Clemons
Cosgrove
Crady
Davis
De Grandy
Deutsch
Diaz-Balart
Figg
Flagg
Frankel
Friedman
Garcia
Geller
Nays-12
Corr
Feeney
Foley



June 6, 1991



9










JOURNAL OF THE HOUSE OF REPRESENTATIVES



By Representatives Daryl Jones, Valdes, Morse, Friedman, Sansom,
Laurent, Hoffmann, Bloom, Pruitt, Gutman, Burke, Cosgrove, Diaz-
Balart, De Grandy, Garcia, Saunders, Abrams, Reaves, Simon and
Gordon-
HR 31-C-A resolution urging Congress to retain Homestead Air Force
Base as an active military base and to remove the base from the
preliminary list of military bases under consideration to be closed by
Congress.
WHEREAS, Homestead Air Force Base is located in the City of
Homestead, in Dade County, Florida, and is one of South Florida's largest
employers, paying $152 million to 8,700 civilian and military workers and
purchasing $40.7 million in equipment and supplies in 1990, and
WHEREAS, Homestead Air Force Base supports a population of 12,125,
6,000 of which live on base and 6,125 of which live off base, and
WHEREAS, Homestead Air Force Base is the command center of the
31st Tactical Fighter Wing, the first mission of which is to execute directed
tactical fighter missions against enemy forces, supplies, communications,
and equipment, and the second mission of which is the operation of the
United States Air Force Conference Center, and
WHEREAS, Homestead Air Force Base is also the base for the 482nd
Tactical Fighter Wing, the 301st Air Rescue Squadron, the Florida Air
National Guard Interceptor Group, the 31st Medical Group Air
Transportable Hospital, the 1942nd Communications Squadron, the 726th
Tactical Control Squadron, the Inter-American Air Force Academy, and
27 other units, and
WHEREAS, Homestead Air Force Base employs 8,721 people, including
2,187 civilians, supports 14,475 jobs off base, had a $430 million positive
impact on the local economy in 1990, and provides a commissary and other
facilities which are used by 21,000 military retirees in Dade County each
month, and
WHEREAS, Homestead Air Force Base has been an important part of
Dade County since World War II and 600 personnel from the base
participated in the Persian Gulf War, and
WHEREAS, closing Homestead Air Force Base would have a severely
detrimental effect upon the local economy and on the military
preparedness of the United States in the Caribbean 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 urges the
United States Congress to retain Homestead Air Force Base in Homestead,
Florida, as an active military base and to remove Homestead Air Force
Base from the preliminary list of military bases under consideration to be
closed by Congress.
BE IT FURTHER RESOLVED that copies of this resolution be
dispatched to the President of the United States, to the President of the
United States Senate, to the Speaker of the United States House of
Representatives, and to each member of the Florida delegation to the
United States Congress.
-was read the first time by title and the second time by title. On motion
by Rep. Daryl Jones, the resolution was adopted.

Recessed
On motion by Representative Bo Johnson, the House recessed at
2:49 p.m. to reconvene upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 5:35 p.m. A quorum was



present.
The following amended proclamation was read:



PROCLAMATION

State of Florida
Executive Department
Tallahassee
TO THE HONORABLE MEMBERS OF THE FLORIDA SENATE AND
THE FLORIDA HOUSE OF REPRESENTATIVES
WHEREAS, on the twenty-ninth day of May, 1991, a Proclamation of
the Governor was issued convening a Special Session of the Florida
Legislature commencing on June 6, 1991, at 12:00 noon and ending at 6:00
p.m. on that day, for the purpose of considering legislation identified
within that Proclamation, and
WHEREAS, on the sixth day of June, 1991, an amendment to the
previously issued Proclamation was issued, adding two additional subjects
for Legislative consideration, and
WHEREAS, the Florida Legislature has not completed consideration of
the matters stated within the Proclamation and its amendment convening
the Florida Legislature into Special Session, and
WHEREAS, it is in the best interest of the State of Florida to extend
the time in which the Florida Legislature may consider the issues stated
within the Proclamations calling it into Special Session.
NOW, THEREFORE, I, LAWTON CHILES, Governor of Florida, by
virtue of the power and authority vested in me by Article III, Section
3(c)(1), Florida Constitution, do hereby proclaim as follows:
Section 1 of the Proclamation of the Governor dated May 29, 1991,
amended by Proclamation dated June 6, 1991, is hereby amended to read:
Section 1.
The Legislature of the State of Florida is convened in Special Session
commencing at 12:00 noon on Thursday, the sixth day of June, 1991 and
ending at 12:00 midnight, June 6, 1991.
IN TESTIMONY, WHEREOF, I have hereunto set
my hand and have caused the Great Seal of the State
of Florida to be affixed at Tallahassee, the Capitol,
this 6th day of June, 1991.
LAWTON CHILES
Governor
ATTEST:
BEVERLY B. BURNSED
Assistant Secretary of State
for the
Secretary of State

Recessed
On motion by Representative Bo Johnson,the House recessed at
5:43 p.m. to reconvene upon call of the Speaker.

Reconvened
The House was called to order by the Speaker at 6:18 p.m. A quorum was
present.
On motion by Rep. Crady, the rules were waived and the House reverted
to the order of-

Messages from the Senate

The Honorable T. K. Wetherell, Speaker
I am directed to inform the House of Representatives that the Senate has
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed, with amendments, CS/HB 21-C
and requests the concurrence of the House.
Joe Brown, Secretary



CS/HB 21-C-A bill to be entitled An act making appropriations;
reducing amounts appropriated in previous years from the State



10



June 6, 1991










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Infrastructure Fund; transferring moneys from the Principal State School
Trust Fund, Law Enforcement Radio System Trust Fund, and the Non-
Mandatory Land Reclamation Trust Fund to the General Revenue Fund;
providing Public Education Capital Outlay moneys for the annual period
beginning July 1, 1991, and ending June 30, 1992, for capital outlay
purposes; appropriating moneys from the State Infrastructure Fund to the
General Revenue Fund; providing for a lease purchase analysis to be
performed by the Department of General Services; providing an effective
date.

Senate Amendment 1-In section 4, on page 11, line 4, after the
period, insert: Prior to evaluating any specific proposals for lease-purchase,
the department shall develop a policy statement that identifies how the
acquisition of state buildings by lease-purchase is to be incorporated into
the capital facilities management process and that specifies the criteria by
which projects are to be judged.
Senate Amendment 2-In the first full paragraph of proviso on page
9, line 12, after the words "attorneys, instrumentalities," strike the last
comma and the words "and all other persons who may be liable"
Senate Amendment 3-On page 9, in the first full paragraph of
proviso, after the word "litigation" on line 15, insert: "And upon the
indemnification, of the State and the Authority, their departments,
agencies, employees, agents, attorneys and instrumentalities from and
against all liability or loss resulting from or arising out of third-party claims
asserted in or as the result of litigation instituted by the indemnifying
party involving the above-described real property, or any transaction
relating thereto"; and on page 9, the fourth full paragraph of proviso
following the existing language insert a new sentence as follows: Fee
simple title or the equivalent is to be held by the Board of Trustees of the
Internal Improvement Trust Fund of the State of Florida.
On motions by Rep. Saunders, the House concurred in Senate
Amendments 1, 2 and 3. The question recurred on the passage of CS/HB



21-C. The vote was:
Yeas-83
The Chair Goode
Abrams Gordon
Albright Graber
Arnold Grindle
Ascherl Hafner
Bainter Hanson
Boyd Hargrett
Brennan Harris
Bronson Hawkins
Clark Healey
Clemons Hill
Crady Holland
Davis Holzendorf
Deutsch Huenink
Diaz-Balart Ireland
Figg Irvine
Flagg Jamerson
Frankel Jennings
Friedman Johnson, Bo
Geller Jones, Daryl
Glickman Jones, Dennis
Nays-12



Corr
Foley
Garcia



Graham
Hawkes
Johnson, Buddy



King
Langton
Lawson
Lewis
Liberti
Lippman
Long
Mackenzie
Martinez
McEwan
Mishkin
Mitchell
Muscarella
Peeples
Press
Rayson
Reaves
Reddick
Ritchie
Roberts
Rudd


Jones, C. F.
Laurent
Morse



Rush
Safley
Sanderson
Sansom
Saunders
Sembler
Simon
Simone
Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Tobiassen
Trammell
Wallace
Webster
Wise
Young



Pruitt
Valdes
Viscusi



Pair Votes
I am paired with Rep. Chinoy on the passage of CS/HB 21-C. If she were
present, she would vote "Yea" and I would vote "Nay."
Representative Tom Feeney
District 37



I am paired with Rep. Bloom on the passage of CS/HB 21-C. If she were
present, she would vote "Yea" and I would vote "Nay."

Representative David L. Thomas
District 71

I am paired with Rep. De Grandy on the passage of CS/HB 21-C. If he
were present, he would vote "Yea" and I would vote "Nay."

Representative Robert T. Harden
District 5

I am paired with Rep. Tobin on the passage of CS/HB 21-C. If he were
present, he would vote "Yea" and I would vote "Nay."

Representative William Thomas Mims
District 45

Votes after roll call:

Yeas-Brown, Chestnut, Gutman, Kelly, Ostrau

So the bill passed, as amended by the Senate amendments. The action
was immediately certified to the Senate and the bill was ordered enrolled
after engrossment.


The Honorable T. K. Wetherell, Speaker

I am directed to inform the House of Representatives that the Senate has
passed SB 6-C and requests the concurrence of the House.

Joe Brown, Secretary

By Senator Forman-

SB 6-C-A bill to be entitled An act relating to transportation;
amending s. 20.23, F.S.; increasing the membership of the Florida
Transportation Commission; revising the quorum requirement for the
commission to take action; assigning the administration of the high-speed
rail program to the public transportation administrator of the department;
amending s. 212.055, F.S.; authorizing a transit surtax in certain charter
counties and specifying uses of the revenues from the tax; amending s.
316.003, F.S., relating to definitions of terms used in ch. 316, F.S.; replacing
the term "terminal facilities" with the term "terminal" and redefining the
term; defining the term "maxi-cube vehicle"; amending s. 316.515, F.S.;
revising width and length limitations for vehicles; authorizing maxi-cube
vehicles to operate on routes open to tandem trailer trucks under the same
conditions that are applicable to such trucks; revising exclusions from
width and length limitations; abolishing the Florida High-Speed Rail
Transportation Commission and transferring its authority, powers, duties,
responsibilities, functions, liabilities, records, property, personnel, and
unexpended balances of appropriations, allocations, and other funds to the
Department of Transportation; providing for continuance of existing rules;
providing for pending proceedings; repealing ss. 341.323, 341.324, 341.326,
F.S., relating to the Florida High-Speed Rail Transportation Commission;
amending s. 343.53, F.S.; revising the membership of the Tri-County
Commuter Rail Authority; amending s. 343.63, F.S.; revising the
membership of the Central Florida Commuter Rail Authority; amending
s. 343.73, F.S.; revising the membership of the Tampa Bay Commuter Rail
Authority; providing for construction of laws enacted at the 1991 Regular
Session in relation to this act; providing effective dates.

-was read the first time by title. On motion by Rep. Peeples, the rules



were waived by two-thirds vote and the bill was read the second time by
title and the third time by title. On passage, the vote was:



June 6, 1991



11










JOURNAL OF THE HOUSE OF REPRESENTATIVES



June 6, 1991



Yeas-95
The Chair
Abrams
Albright
Arnold
Ascherl
Bainter
Boyd
Brennan
Bronson
Brown
Clark
Clemons
Corr
Crady
Davis
Deutsch
Feeney
Flagg
Foley
Frankel
Friedman
Geller
Glickman
Goode
Nays-3
Figg



Gordon
Graber
Graham
Grindle
Hafner
Hanson
Harden
Harris
Hawkes
Hawkins
Healey
Hill
Holland
Holzendorf
Huenink
Ireland
Irvine
Jamerson
Jennings
Johnson, Bo
Johnson, Buddy
Jones, C. F.
Jones, Daryl
Jones, Dennis



Hargrett



Kelly
King
Langton
Laurent
Lawson
Lewis
Liberti
Lippman
Long
Mackenzie
Martinez
McEwan
Mims
Mishkin
Mitchell
Muscarella
Peeples
Press
Pruitt
Rayson
Reaves
Reddick
Ritchie
Roberts



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



Morse



Pair Vote
I am paired with Rep. Bloom on the passage of SB 6-C. If she were
present, she would vote "Yea" and I would vote "Nay."
Representative Charles Sembler
District 78
Votes after roll call:
Yeas-Chestnut, Valdes, Gutman, Ostrau, Chinoy
So the bill passed and was immediately certified to the Senate.

The Honorable T. K. Wetherell, Speaker
I am directed to inform the House of Representatives that the Senate has
adopted SCR 8-C and requests the concurrence of the House.
Joe Brown, Secretary

By Senator Bankhead-
SCR 8-C-A concurrent resolution urging Floridians to accept
individual responsibilities that secure the liberties granted under the Bill
of Rights and recognizing December 15th as the annual "Bill of Rights Day"
in this state.
-was read the first time by title. On motions by Rep. King, the rules
were waived and the concurrent resolution was read the second time by
title, adopted and, under the rule, immediately certified to the Senate.

The Honorable T. K. Wetherell, Speaker
I am directed to inform the House of Representatives that the Senate has
admitted for introduction and consideration by the required
Constitutional two-thirds vote and passed, with amendments, HB 23-C
and requests the concurrence of the House.
Joe Brown, Secretary

HB 23-C-A bill to be entitled An act relating to fiscal affairs of the
state; authorizing the Administration Commission to transfer certain
moneys from certain trust funds to the General Revenue Fund to avoid a
deficit in the General Revenue Fund for fiscal year 1990-1991; providing
limitations and exceptions; providing a delay plan for release of the fiscal
year 1991-1992 operating budget; amending s. 211.3103, F.S.; changing the



distribution of the tax on severance of phosphate rock; amending s.
378.034, F.S.; increasing the portion of the uncommitted Nonmandatory
Land Reclamation Trust Fund balance available for approved reclamation
contracts on an annual basis; directing the Department of Natural
Resources to require notice of intent to file an application for approval of
reclamation projects; amending s. 253.023, F.S., to correct a cross reference;
providing effective dates.
Senate Amendment 1-On page 3, strike all of lines 16-20, and
insert: distribution of local government tax revenues;
(m) Trust funds from which the transfer of moneys is prohibited by
federal law in order for the state to be eligible for program participation
or the receipt of matching funds; or
(n) Any trust fund that by law has its comprehensive investment plan
approved by the State Board of Administration.
Senate Amendment 2-On page 2, line 6, after the period insert: The
total amount transferred may not exceed $70 million under this
authority.
Senate Amendment 4-On page 4, strike all of lines 3-21, and insert:
Section 2. The annual plan of releases authorized by section 216.192,
Florida Statutes, for the 1991-1992 fiscal year may be considered by the
Revenue Estimating Conference in preparation of the statement of
financial outlook.
Senate Amendment 5-In title, on page 1, strike all of lines 10-12,
and insert: such transfers; providing for the Revenue Estimating
Conference to consider the annual plan of releases; amending s. 211.3103,
F.S.; changing
On motions by Rep. Saunders, the House concurred in Senate
Amendments 1, 2, 4 and 5. The question recurred on the passage of HB
23-C. The vote was:
Yeas-86



The Chair
Abrams
Albright
Arnold
Ascherl
Bainter
Boyd
Brennan
Bronson
Brown
Clark
Clemons
Crady
Davis
Deutsch
Diaz-Balart
Figg
Flagg
Frankel
Friedman
Geller
Glickman
Nays-13
Corr
Foley
Garcia
Graham



"Goode
Gordon
Graber
Grindle
Hafner
Hanson
Hargrett
Harris
Hawkins
Healey
Hill
Holzendorf
Ireland
Irvine
Jamerson
Jennings
Johnson, Bo
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King


Hawkes
Holland
Huenink
Johnson, Buddy



Langton
Laurent
Lawson
Lewis
Liberti
Lippman
Long
Mackenzie
Martinez
McEwan
Mims
Mishkin
Mitchell
Peeples
Press
Rayson
Reaves
Reddick
Ritchie
Roberts
Rojas
Rudd


Morse
Muscarella
Pruitt
Safley



Rush
Sanderson
Sansom
Saunders
Sembler
Simon
Simone
Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Tobiassen
Trammell
Viscusi
Wallace
Webster
Wise
Young




Valdes



Pair Votes
I am paired with Rep. Chinoy on the passage of HB 23-C. If she were
present, she would vote "Yea" and I would vote "Nay."
Representative Tom Feeney
District 37



12










JOURNAL OF THE HOUSE OF REPRESENTATIVES



I am paired with Rep. De Grandy on the passage of HB 23-C. If he were
present, he would vote "Yea" and I would vote "Nay."
Representative Robert T. Harden
District 5



The above bill was placed on the Calendar.
The Committee on Appropriations recommends a committee substitute
for the following:
HB 21-C (fiscal note attached)



I am paired with Rep. Bloom on the passage of HB 23-C. If she were The above committee substitute was placed on the Calendar
present, she would vote "Yea" and I would vote "Nay." and, under the rule, HB 21-C was laid on the table.



Representative David L. Thomas
District 71
Votes after roll call:
Yeas-Chestnut, Gutman, Ostrau
So the bill passed, as amended by the Senate amendments. The action
was immediately certified to the Senate and the bill was ordered enrolled
after engrossment.

Waiver of Rule 6 for Committee Meetings and Bills
On motion by Rep. Saunders, Chairman, without objection, the rules
were waived and the Committee on Appropriations was given permission
to meet immediately upon recess in Morris Hall to consider HBs 21-C and
23-C.
On motion by Rep. Peeples, Chairman, without objection, the rules were
waived and the Committee on Transportation was given permission to
meet immediately upon recess in Room 417C to consider HB 27-C.

Reports of Standing Committees
The Committee on Appropriations recommends the following pass:
HB 23-C, with 3 amendments (fiscal note attached)



The Committee on Transportation recommends the following pass:
HB 27-C, with 8 amendments
The above bill was placed on the Calendar.

Recorded Votes:
Representative Guber:
Yea-CS/HB 21-C; SB 6-C; HB 23-C
Representative Mortham:
Yea-CS/HB 21-C; HB 23-C

Adjournment
On motion by Rep. Bo Johnson, the House adjourned at 6:35 p.m. sine
die.


Enrolling Reports
CS/HB 21-C and HB 23-C have been enrolled, signed by the required
constitutional officers, and presented to the Governor on June 24, 1991.
John B. Phelps, Clerk



CHAMBER ACTION ON BILLS
THURSDAY, JUNE 6, 1991

HR 3-C-Introduction allowed; Read second time; Adopted See
also: SR 10-C (Adopted)
HR 13-C-Introduction allowed; Read second time; Adopted
HB 21-C-Introduction allowed; Read second time; Amendment
adopted; Read third time; CS passed as amended 92-16;
Concurred; CS passed as amended 83-12
HB 23-C-Introduction allowed; Read second time; Amendments
adopted; Read third time; Passed as amended 101-12;
Concurred; Passed as amended 86-13
HB 27-C-Introduction allowed
HR 31-C-Introduction allowed; Read second time; Adopted
SB 6-C-Read second time; Read third time; Passed 95-3
SCR 8-C-Read second time; Adopted
[Source: Legislative Information Division]



CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1 through
13, inclusive, are and constitute a complete, true and correct journal and
record of the proceedings of the House of Representatives of the State of
Florida at a Special Session of the Seventy-fifth House since Statehood in
1845, convened under the Constitution, held on June 6, 1991.



Tallahassee, Florida
June 24, 1991



June 6, 1991



13










INDEX


to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Special Session "C"

June 6, 1991



















CONTENTS

Page
Bill Sponsors in "C" Session ................................................................15
M miscellaneous Subjects ......................................... ........ ................ 16
V etoed B ills .............................................................................. 17
Subject Index of House and Senate Bills, Resolutions and Memorials .................................. 18
Numerical Index of Bills, Resolutions and Memorials with Subject, Sponsor and Disposition ................ 21



14











JOURNAL OF THE HOUSE OF REPRESENTATIVES


Bills Sponsored in "C" Session

[Source: Information Division, Joint Legislative Management Committee]



ABRAMS, MICHAEL I.-101st District
Sponsored: 21-C, 23-C
Co-sponsored: 31-C
ALBRIGHT, GEORGE-25th District
Sponsored: 25-C
ARNALL, JOSEPH-19th District
Co-sponsored: 1-C
BAINTER, STANLEY E.-27th District
Co-sponsored: 1-C
BLOOM, ELAINE-104th District
Co-sponsored: 31-C
BRENNAN, MARY M.-57th District
Sponsored: 13-C
BURKE, JAMES C.-107th District
Co-sponsored: 31-C
COSGROVE, JOHN F.-119th District
Sponsored: 5-C
Co-sponsored: 31-C
DE GRAND, MIGUEL A.-110th District
Co-sponsored: 31-C
DIAZ-BALART, MARIO-115th District
Co-sponsored: 31-C
FEENEY, TOM-37th District
Co-sponsored: 1-C
FIGG, MARY-60th District
Sponsored: 3-C
FRIEDMAN, MICHAEL-103rd District
Co-sponsored: 31-C
GARCIA, RODOLFO, JR.-lllth District
Co-sponsored: 31-C
GORDON, ELAINE-102nd District
Co-sponsored: 31-C
GRAHAM, RICHARD S.-28th District
Co-sponsored: 1-C
GUTMAN, ALBERTO-105th District
Co-sponsored: 31-C
HILL, JAMES C., JR.-80th District
Sponsored: 9-C, 11-C
HOFFMANN, J. BRUCE-114th District
Co-sponsored: 1-C, 31-C
IRVINE, FRANCES L.-21st District
Co-sponsored: 1-C



JONES, DARYL L.-118th District
Sponsored: 31-C
LANGTON, MICHAEL EDWARD-15th District
Sponsored: 25-C
LAURENT, JOHN-43rd District
Co-sponsored: 31-C
LEWIS, MARIAN V.-81st District
Co-sponsored: 1-C, 3-C
LOMBARD, JAMES M.-70th District
Co-sponsored: 1-C
MORSE, LUIS C.-113th District
Sponsored: 29-C
Co-sponsored: 31-C
PEEPLES, VERNON E.-72nd District
Sponsored: 27-C
PRUITT, KENNETH P.-79th District
Sponsored: 7-C
Co-sponsored: 31-C
REAVES, DARRYL-106th District
Co-sponsored: 31-C
RITCHIE, BUZZ-2nd District
Co-sponsored: 19-C
RUSH, BRIAN P.-59th District
Sponsored: 17-C
SANSOM, DIXIE NEWTON-32nd District
Sponsored: 1-C, 15-C
Co-sponsored: 31-C
SAUNDERS, RON-120th District
Sponsored: 21-C, 23-C
Co-sponsored: 31-C
SIMON, ART-116th District
Co-sponsored: 31-C
STONE, FRANK-34th District
Co-sponsored: 1-C
TOBIASSEN, THOMAS J.-lst District
Sponsored: 19-C
VALDES, CARLOS L.-112th District
Co-sponsored: 1-C, 31-C
VISCUSI, JOE-44th District
Sponsored: 25-C
WISE, STEPHEN R.-14th District
Co-sponsored: 1-C



APPROPRIATIONS
Committee Substitutes: 21-C



15



_ ___



INDEX












JOURNAL OF THE HOUSE OF REPRESENTATIVES



Miscellaneous Subjects



Subject


EXCUSED ABSENCES.



Pages Subject


..........2 RULES
Waivers
Rule 6.....
"..........2 Rule 15.5



DIP A VAVD



VOTES
Pair ..................................... .............................



16



INDEX



PROCLAMATIONS ............................ ................................ 1-2, 10



Pages



.......................................................................... ....................



........................ ...................... .. .............................



8, 11, 12, 13



.................................................



n. .................................................................................................







i










JOURNAL OF THE HOUSE OF REPRESENTATIVES


Vetoed Bills
Dates shown are dates when Governor vetoed bills and sent these
directly to Secretary of State for subsequent transmittal to house of origin.

Where no disposition shown, veto message was not taken up by House.



No. Subject

1991 Regular Session Vetoed House Bills
CS/HB 95
Substance abuse punishment ......................... ....................

CS/HB 193
Games of chance............................. ......................

CS/HB 359
Firearm s........ .......................................... ....... ...............

HB 633
Federal liens......................................................
CS/HB 653
Relief of Edith and Lewis Crosley...........................................
HB 1605
Indian Trail Water Control District........................................
HB 1809
Elections ................................. ............................
HB 1907
Tax on sales, use and other transactions ...............................
HB 2315
M anatee County ................................... ......................

1991 Regular Session Vetoed Senate Bills
CS/SB 106
Title insurance................................... ......................
CS/SB 174
Remedies for unlawful discriminatory practices ...................
CS/SB 1336
Taxes................................................................

SB 1676
Educational facilities ...................................................
SB 1708
Community redevelopment areas ...........................................
CS/SB 1876
State employment ............................ ...... ................


SB 2000
General laws affecting local financing ....................................
SB 2300
Appropriations..................................................



Date
Sponsor and Page Numbers Vetoed Disposition



Committee on Corrections;
Sindler and others 4............................................... 5/29/91

Committee on Regulated Industries;
Hargrett 4........................................................... 5/30/91

Committee on Criminal Justice; Albright
and others 4-5........................................................ 5/28/91

Davis 5 .............................................................. 5/30/91

Committee on Claims; Hill 5-6................................. 5/29/91

Liberti 6 .. o ........................ .............................. 5/29/91

Arnold 7 ..................................... ............................. 5/29/91

Roberts 7............................................... ............ 5/29/91

Simone 7 ............................................................. 5/30/91



Died in committee


Died in committee


Died in committee

Died in committee

Died in committee

Died in committee

Died in committee

Died in committee

Died in committee



Committee on Judiciary; Gardner.............................. 5/29/91

Committee on Judiciary; Gordon and others ........... 5/24/91

Committee on Finance, Taxation and Claims;
Jenne............................ ...... .......... ........... 5/28/91

Thurman.............................. ............................ 5/28/91

W exler............................ ....... ........ ............ 5/28/91

Committee on Personnel, Retirement and
Collective Bargaining; Girardeau
and others............................. ............................ 5/09/91

Grizzle.............................. ...... ......... ............ 5/28/91

Committee on Appropriations..................................... 5/28/91



17



INDEX










JOURNAL OF THE HOUSE OF REPRESENTATIVES



Subject Index of House and Senate

Bills, Resolutions, and Memorials

[Source: Information Division, Joint Legislative Management Committee]

This index embraces all measures introduced in both the House and Senate. The house of origin is identified by
the letter preceding each bill: H-House, S-Senate. Senate bills shown in this index include those never received by
the House and their inclusion here is only for the convenience of the user interested in all the legislation introduced
in the Legislature on a particular subject.

(Boldfaced bill numbers passed both houses. Chapter number added if entry remains in final version of bill. Some
entries shown may have been deleted from final version.)



-A-

APPROPRIATIONS
Administration Commission to transfer certain moneys from certain
trust funds to General Revenue Fund, avoid deficit fiscal year
1990-1991, CS/S2-C, H23-C(91-420)
General Appropriations Bill, CS/S4-C, CS/H21-C(91-419)
General Services Department
Lease purchase analysis re Corrections Department, Parole Com-
mission, and Health and Rehabilitative Services Department,
CS/S4-C, CS/H21-C(91-419)
Magnet Laboratory, CS/S4-C, CS/H21-C(91-419)

ARTS
Cultural events, additional use re tourist development tax, H5-C

-B-

BUDGETS
Administration Commission to transfer certain moneys from certain
trust funds to General Revenue Fund, avoid deficit fiscal year
1990-1991, CS/S2-C, H23-C(91-420)
Release of appropriations for fiscal year 1991-1992; plan re delay up
to 5 percent operating budget until fourth quarter,
H23-C(91-420)

-C-

COMPREHENSIVE PLANNING
Local Governments
Administration Commission, final orders; judicial review, H19-C
State Land Planning Agency
Rules; applicability re administrative procedure, deleting provi-
sions re legislative approval and oversight, H19-C

-E-

ELECTIONS
Primary Elections
Second Primary Election
Changing election date Tuesday, 9-29-92, to Thursday, 10-1-92
(Rosh Hashanah), S26-C

-F-

FIRE PREVENTION AND CONTROL
Southern Manatee Fire and Rescue District
Created; consolidating Oneco-Tallevast Fire Control District and
Samoset Fire Control District, S16-C

FOREIGN
Cuban nuclear facility; U.S. economic aid to Moscow conditional re
nuclear supplies, H29-C

-G-

GENERAL SERVICES, DEPARTMENT OF
Lease purchase analysis re Corrections Department, Parole Commis-
sion, and Health and Rehabilitative Services Department,
CS/S4-C, CS/H21-C(91-419)



-H-

HAZARDOUS SUBSTANCES
Transportation
Federal regulations, updating reference, H17-C

HOMESTEAD, CITY OF
Homestead Air Force Base, retention as active military base, H31-C

-I-

INFRASTRUCTURE FUND (STATE)
Reducing amounts appropriated in previous years from State Infra-
structure Fund, CS/S4-C, CS/H21-C(91-419)

_J-

JURORS
Grand Jurors
Selection; same juror pool as countywide jurors, S22-C, H9-C
Purging jury list of persons deceased, convicted of felony, and others;
monthly by clerk of court, S22-C, H9-C
Qualifications, S22-C, H9-C
Selection
Driver licensee or identification cardholder in lieu of registered
elector, S22-C, H9-C
Volunteering to serve; affidavit, S22-C, H9-C

L-

LABORATORIES
Magnet Laboratory, CS/S4-C, CS/H21-C(91-419)

LOCAL GOVERNMENTS
Convention and visitor bureau, additional use re tourist development
tax, H5-C
Cultural events, additional use re tourist development tax, H5-C
Zoos and historical parks; additional use re tourist development tax,
H5-C

-M-

MANATEE COUNTY
Southern Manatee Fire and Rescue District
Created; consolidating Oneco-Tallevast Fire Control District and
Samoset Fire Control District, S16-C

MEMORIALS
Cuban nuclear facility; U.S. economic aid to Moscow conditional re
nuclear supplies, H29-C
Homestead Air Force Base, retention as active military base, H31-C

MINES AND MINERALS
Land Reclamation
Increasing portion of Nonmandatory Land Reclamation Trust
Fund balance available for approved reclamation contracts,
CS/S2-C, S24-C, H23-C(91-420)
Notice of intent to file application for approval of reclamation proj-
ects, CS/S2-C, S24-C, H23-C(91-420)



18



INDEX









JOURNAL OF THE HOUSE OF REPRESENTATIVES



MINES AND MINERALS (Cont.)
Severance Tax
Phosphate rock; distribution of tax, CS/S2-C, S24-C,
H23-C(91-420)

MINORS
Sex Crimes Against See: SEX CRIMES

MOTOR VEHICLES
Commercial Vehicles
Inspections, H17-C
Maxi-cube vehicle, S6-C(91-418), H17-C, H27-C
Rear-end protection requirements, S6-C(91-418), H17-C, H27-C
Width, height, length; limitations, S6-C(91-418), H17-C, H27-C
Equipment Requirements and Specifications
Width, height, and length limitations, S6-C(91-418), H17-C,
H27-C

MUSEUMS
Tourist development tax, use of proceeds, H5-C

_p_

POPULAR NAMES
Appropriations Bill, CS/S4-C, CS/H21-C(91-419)
General Appropriations Bill, CS/S4-C, CS/H21-C(91-419)
Magnet Laboratory, CS/S4-C, CS/H21-C(91-419)
Red Ribbon Week, October 19-26, 1991, H13-C

PRISONS
Prisoners
Release
Gain-Time
Ineligible; person convicted of sexual battery against person
between age of 12 and 18, S14-C, H1-C

PROBATION
Correctional Probation Officers
Concealed firearms, authority to carry, H25-C

-R-

RELIEF BILLS
Crosley, Edith and Lewis; parents of Todd Patrick Neely; State At-
torney for Nineteenth Judicial Circuit, S18-C, H11-C

RESOLUTIONS
Breast Cancer Awareness Month; October 1991, S10-C, H3-C
Concurrent Resolutions
Bill of Rights Day, December 15th, S8-C
Cuban nuclear facility, cutoff of nuclear supplies to Cuba; condition
of U.S. economic aid to Moscow, H29-C
Homestead Air Force Base, retention as active military base, H31-C
Murtha, Michael; commendation, S12-C
Red Ribbon Week, October 19-26, 1991, H13-C
Severance, Donald; commendation, S12-C
Stephens, Joshua; commendation, S12-C

-S-

SALES TAX
County Discretionary Sales Surtax
Charter County Transit System Surtax
Counties authorized to levy, specifying, S6-C(91-418), H27-C
Proceeds from revenues, uses, S6-C(91-418), H27-C
Tourist Development Tax
Additional tax 0.35 percent, support cultural events; cities imposing
municipal resort tax as authorized under ch. 67-930, Laws of
Florida, H5-C
Convention and visitor bureau; additional use, H5-C
Cultural events; additional use, H5-C
Zoos and historical parks; additional use, H5-C

SEX CRIMES
Minors



Sexual battery against person between age of 12 and 18, ineligible
for basic gain-time, S14-C, H1-C



SEX CRIMES (Cont.)
Minors (Cont.)
Sexual battery against person under 18, capital or life felony penal-
ties, H15-C

STATE INFRASTRUCTURE FUND See: INFRASTRUCTURE
FUND (STATE)

-T-

TAXATION
Ad Valorem Tax
Millage; specified method of fixing millage, S20-C, H7-C
Millage
Method of fixing, S20-C, H7-C
Severance Tax See: MINES AND MINERALS

TRANSPORTATION
Central Florida Commuter Rail Authority
Membership, S6-C(91-418), H27-C
Florida Transportation Commission
Membership, S6-C(91-418), H27-C
High-Speed Rail
Commission, abolished; transfers duties to Transportation Depart-
ment, S6-C(91-418), H27-C
High-speed rail program, administration; assigned to public trans-
portation administrator of Transportation Department,
S6-C(91-418), H27-C
Tampa Bay Commuter Rail Authority, membership, S6-C(91-418),
H27-C
Tri-County Commuter Rail Authority, membership, S6-C(91-418),
H27-C

TRUST FUNDS
Administration Commission to transfer certain moneys from certain
trust funds to General Revenue Fund, avoid deficit fiscal year
1990-1991, CS/S2-C, H23-C(91-420)

-U-

UNIVERSITIES (STATE)
Florida State University
Magnet Laboratory, CS/S4-C, CS/H21-C(91-419)

-V-

VETOED BILLS 1991 REGULAR SESSION
Community redevelopment real property, sold at value determined to
be in public interest, S1708
Correctional probation officers, authority to carry concealed firearms,
CS/H359
Crosley, Edith and Lewis; parents of Todd Patrick Neely, CS/H653
Discriminatory practices, equitable remedies; damages re employ-
ment, housing, education, public accommodations; attorney fees,
CS/S174
Educational facilities, funding limitations; joint-use facilities, certain
provisions repealed, S1676
Elections, initiative petitions; sponsor certification re no
per-signature fee, H1809
Federal Lien Registration Act, H633
Indian Trail Water Control District, Palm Beach County; powers and
duties, H1605
Lottery, drawings by chance or raffles; permitted, CS/H193
Mandates; local government spending re general laws, S2000
Nonpublic-sector buses, regulation, S1902
Sales tax, infrastructure surtax; projects proposed to be funded by lo-
cal government; voted on individually, H1907
Southern Manatee Fire and Rescue District, created, H2315
State employment; prohibiting certain position upgrades and salary
increases in Senior Management and Selected Exempt; certain
times, CS/S1876
Substance abuse punishment program, sentencing alternatives; drug
testing, self-help group participation, fines, CS/H95



Taxes; municipal resort tax, local option tourist development tax, art
sold to or used by certain nonprofit organizations, CS/S1336



19



INDEX









JOURNAL OF THE HOUSE OF REPRESENTATIVES



VETOED BILLS 1991 REGULAR SESSION (Cont.)
Taxicabs, inclusion in regulation of nonpublic-sector buses, S1902
Title Insurance Statutory Review Commission, study re agents and
contracts; agents to provide certain documents to prospective buy-

ers, CS/S106
1991 Appropriations Bill Line Item Vetoes, S2300



WEAPONS AND FIREARMS
Concealed Weapons or Firearms
Correctional probation officers, authority to carry, H25-C



ZOOS
Tourist development tax, use of proceeds, H5-C



20



INDEX









INDEX



Abbreviations:
CH-Chapter number, as passed
CSP-Companion or similar bill passed
DCH-Died on House Calendar
DHC-Died in House committee (no action by committee)
HB-House Bill



HCR-House Concurrent Resolution
HR-House Resolution
ID-Introduction deferred
SB-Senate Bill
SCR-Senate Concurrent Resolution



Prisoners/Gain-time/Sexual Battery (Sansom) 2 ID

Breast Cancer Awareness Month (Figg) 9 Adopted
Tourist Development Tax (Cosgrove) 2 ID
Ad Val Taxes/Taxing Authorities (Pruitt) 2 ID
Jurors (Hill) 2 ID
Relief/Edith & Lewis Crosley (Hill) 2 ID

National Red Ribbon Week (Brennan) 9 Adopted

Sexual Battery (Sansom) 3 ID
Commercial Motor Vehicles (Rush) 3 DHC/CSP-SB 6-C
State Comprehensive Plan (Tobiassen) 3 ID



HB
21-C Appropriations (Appropriations) 3, 7, 8, 10-11, 13
CH 91-419
23-C Fiscal Affairs of State (Saunders) 3, 8, 9, 12, 13
CH 91-420
25-C Firearms (Langton) 3 ID
27-C Transportation (Peeples) 3, 13 DCH/CSP-SB 6-C
HR
31-C Homestead Air Force Base Closing (Daryl Jones) 10
Adopted
SB
6-C Transportation (Forman) 11, 12, 13 CH 91-418
SCR
8-C Bill of Rights Day (Bankhead) 12 Adopted



JOURNAL OF THE HOUSE OF REPRESENTATIVES

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

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

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



21



HB
1-C
HR
3-C
5-C
7-C
9-C
11-C
HR
13-C
HB
15-C
17-C
19-C