Journal of the Florida House of Representatives

Journal
of the

Florida

House of Representatives

Ninety-fourth
Regular Session
since Statehood in 1845

January 14 through March 13, 1992

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

MEMBERS OF THE HOUSE OF REPRESENTATIVES
[Democrats in Roman (74); Republicans in Italic (46);
as of General Election]

District
1. Part of Escambia
Thomas J. "Tom" Tobiassen, Cantonment
2. Part of Escambia
Buzz Ritchie, Pensacola
3. Parts of Escambia, Santa Rosa
Tom Banjanin, Pensacola
4. Parts of Okaloosa, Santa Rosa [an uninhabited
portion of Escambia lies within this district]
Bolley L. "Bo" Johnson, Milton
5. Parts of Okaloosa, Walton
Robert T. Harden, Fort Walton Beach
6. Part of Bay
Scott W. Clemons, Panama City
7. Holmes, Washington and parts of Bay, Jack-
son, Walton
Sam Mitchell, Vernon
8. Calhoun, Gadsden, Gulf and parts of Bay,
Franklin, Jackson
Robert DeWitt "Rob" Trammell, Marianna
9. Liberty and parts of Franklin, Leon, Wakulla
Alfred J. "Al" Lawson, Jr., Tallahassee
10. Part of Leon
Hurley W. Rudd, Tallahassee
11. Dixie, Gilchrist, Jefferson, Lafayette, Levy,
Taylor and parts of Citrus, Marion, Wakulla
F. Allen Boyd, Jr., Monticello
12. Columbia, Hamilton, Madison, Suwannee
Joseph R. "Randy" Mackey, Jr., Lake City
13. Baker, Nassau, Union and parts of Bradford,
Duval
George A. Crady, Yulee
14. Part of Duval
Stephen R. Wise, Jacksonville
15. Part of Duval
Michael Edward "Mike" Langton, Jacksonville
16. Part of Duval
Betty S. Holzendorf, Jacksonville
17. Part of Duval
Corrine Brown, Jacksonville
18. Part of Duval
James E. "Jim" King, Jr., Jacksonville

District
19. Parts of Duval, St. Johns
Joseph "Joe" Arnall, Jacksonville Beach
20. Part of Duval
Kathy Geller Chinoy, Jacksonville
21. Clay and parts of Bradford, St. Johns
Frances L. "Chance" Irvine, Orange Park
22. Flagler and parts of Putnam, St. Johns
Kelley R. Smith, Jr., Palatka
23. Parts of Alachua, Putnam
Cynthia Moore Chestnut, Gainesville
24. Part of Alachua
David Flagg, Gainesville
25. Part of Marion
George Albright, Ocala
26. Parts of Citrus, Marion
Paul M. Hawkes, Crystal River
27. Parts of Lake, Marion, Putnam, Seminole,
Volusia
Stanley E. "Stan" Bainter, Eustis
28. Part of Volusia
Richard S. "Dick" Graham, Ormond Beach
29. Part of Volusia
T. K. Wetherell, Daytona Beach
30. Part of Volusia
Jack Ascherl, New Smyrna Beach
31. Part of Brevard
Charlie Roberts, Titusville
32. Part of Brevard
Dixie Newton Sansom, Satellite Beach
33. Part of Brevard
Harry C. Goode, Jr., Melbourne
34. Parts of Brevard, Orange, Seminole
Frank Stone, Oviedo
(Changed party affiliation from Republican
to Democrat on September 24, 1991)
35. Part of Seminole
Arthur E. "Art" Grindle, Altamonte Springs
36. Parts of Orange, Seminole
Robert J. "Bob" Starks, Maitland
37. Part of Orange
Tom Feeney, Orlando

District
38. Part of Orange
Bruce McEwan, Orlando
39. Part of Orange
Robert B. "Bob" Sindler, Apopka
40. Part of Orange
Alzo J. Reddick, Orlando
41. Part of Orange
Daniel Webster, Orlando
42. Parts of Osceola, Polk
C. Fred Jones, Auburndale
(Resigned July 1, 1992)
43. Part of Polk
John Laurent, Bartow
44. Part of Polk
Joe Viscusi, Lakeland
45. Part of Polk
William Thomas "Tom" Mims, Lakeland
46. Parts of Lake, Sumter
Everett A. Kelly, Lady Lake
47. Hernando and parts of Pasco, Sumter
Charles R. "Chuck" Smith, Brooksville
48. Part of Pasco
John Long, Land O'Lakes
49. Part of Pasco
Philip Mishkin, Port Richey
50. Parts of Pasco, Pinellas
R. Z. "Sandy" Safley, Clearwater
51. Part of Pinellas
Patricia A. "Trish" Muscarella, Clearwater
52. Part of Pinellas
Sandra Barringer Mortham, Largo
53. Part of Pinellas
Dennis L. Jones, Treasure Island
54. Part of Pinellas
Lars A. Hafner, St. Petersburg
55. Part of Pinellas
Douglas L. "Tim" Jamerson, St. Petersburg
56. Part of Pinellas
Peter Rudy Wallace, St. Petersburg
57. Part of Pinellas
Mary M. Brennan, Pinellas Park
58. Part of Pinellas
Jeffrey C. "Jeff" Huenink, Clearwater
59. Part of Hillsborough
Brian P. Rush, Tampa
60. Part of Hillsborough
Mary Figg, Lutz

District
61. Parts of Hillsborough, Pasco
Buddy Johnson, Plant City
(Elected March 12, 1991)
62. Part of Hillsborough
Chris Corr, Apollo Beach
63. Part of Hillsborough
James T. "Jim" Hargrett, Jr., Tampa
64. Part of Hillsborough
James O. "Jim" Davis III, Tampa
65. Part of Hillsborough
Elvin L. Martinez, Tampa
66. Part of Hillsborough
Ronald Carl "Ron" Glickman, Tampa
67. Hardee and part of Manatee
J. J. "Toby" Holland, Jr., Holmes Beach
68. Part of Manatee
Peggy Simone, Bradenton
69. Parts of Manatee, Sarasota
Harry Jennings, Sarasota
70. Part of Sarasota
James M. Lombard, Osprey
71. Parts of Charlotte, Sarasota
David L. "Dave" Thomas, Sarasota
72. Parts of Charlotte, DeSoto, Lee
Vernon E. Peeples, Punta Gorda
73. Part of Lee
J. Keith Arnold, Fort Myers
74. Part of Lee
Timothy F. "Tim" Ireland, Cape Coral
75. Parts of Collier, Lee
Mary Ellen Hawkins, Naples
76. Glades, Hendry, Highlands and parts of
Collier, DeSoto, Okeechobee
Bert J. Harris, Jr., Lake Placid
77. Parts of Brevard, Indian River, Okeechobee,
Osceola, St. Lucie
Irlo "Bud" Bronson, Jr., Kissimmee
78. Parts of Brevard, Indian River, St. Lucie
Charles W. Sembler II, Sebastian
79. Parts of Martin, St. Lucie
Kenneth P. "Ken" Pruitt, Port St. Lucie
80. Parts of Martin, Palm Beach
James C. "Jim" Hill, Jr., Jupiter
81. Part of Palm Beach
Marian V. Lewis, North Palm Beach

MEMBERS OF THE HOUSE OF REPRESENTATIVES

Michael I. Abrams (D) George Albright (R) Joseph Arnall (R) J. Keith Arnold (D) Jack Ascherl (D)
North Miami Beach Ocala Jacksonville Beach Fort Myers New Smyra Beach
District 101 District 25 District 19 District 73 District 30

Stan Bainter (R) Tom Banjanin (R) Elaine Bloom (D) F. Allen Boyd, Jr. (D) Mary Brennan (D)
Eustis Pensacola Miami Beach Monticello Pinellas Park
District 27 District 3 District 104 District 11 District 57

Irlo "Bud" Bronson (D) Corrine Brown (D) James C. Burke (D) Cynthia Moore Chestnut (D) Kathy Geller Chinoy (D)
Kissimmee Jacksonville Miami Gainesville Jacksonville
District 77 District 17 District 107 District 23 District 20

Bill Clark (D) Scott W. Clemons (D) Chris Corr (R) John F. Cosgrove (D) George A. Crady (D)
Lauderdale Lakes Panama City Apollo Beach Miami Yulee
District 91 District 6 District 62 District 119 District 13

Jim Davis (D) Miguel A. De Grandy (R) Peter R. Deutsch (D) Mario Diaz-Balart (R) Tom Feeney (R)
Tampa Miami Tamarac Miami Orlando
District 64 District 110 District 90 District 115 District 37

Mary Figg (D) David Flagg (D) Mark A. Foley (R) Lois J. Frankel (D) Michael Friedman (D)
Lutz Gainesville Lake Worth West Palm Beach Surfside
District 60 District 24 District 85 District 83 District 103

Rodolfo Garcia, Jr. (R) Steven A. Geller (D) Ronald C. Glickman (D) Harry C. Goode, Jr. (D) Elaine Gordon (D)
Hialeah Hallandale Tampa Miami Melbourne
District 111 District 98 District 66 District 33 District 102

Ben Graber, M.D. (D) Richard S. Graham (R) Art Grindle (R) Susan Guber (D) Alberto Gutman (R)
Coral Springs Ormond Beach Altamonte Springs Miami Miami
District 89 District 28 District 35 District 117 District 105

Lars A. Hafner (D) Carol Hanson (R) Robert T. Harden (R) James T. Hargrett, Jr. (D) Bert J. Harris, Jr. (D)
St. Petersburg Boca Raton Fort Walton Beach Tampa Lake Placid
District 54 District 87 District 5 District 63 District 76

Paul M. Hawkes (R) Mary Ellen Hawkins (R) Edward J. Healey (D) James C. Hill, Jr. (R) Bruce Hoffmann (R)
Crystal River Naples West Palm Beach Jupiter South Miami
District 26 District 75 District 84 District 80 District 114

J. J. Holland, Jr. (R) Betty S. Holzendorf (D) Jeffrey C. Huenink (R) Timothy F. Ireland (R) Frances L. Irvine (R)
Holmes Beach Jacksonville Clearwater Cape Coral Orange Park
District 67 District 16 District 58 District 74 District 21

Douglas L. Jamerson (D) Harry Jennings (R) Bolley L. Johnson (D) Buddy Johnson (R) C. Fred Jones (D)
St. Petersburg Sarasota Milton Plant City Aubumdale
District 55 District 69 District 4 District 61 District 42
Elected March 12, 1991 Resigned July 1, 1992

Daryl L. Jones (D) Dennis L. Jones, D.C. (R) Everett A. Kelly (D) James E. King, Jr. (R) Michael Edward Langton (D)
Miami Treasure Island Lady Lake Jacksonville Jacksonville
District 118 District 53 District 46 District 18 District 15

John Laurent (R) Alfred J. Lawson, Jr. (D) Marian V. Lewis (R) Ray Liberti (D) Frederick Lippman (D)
Bartow Tallahassee North Palm Beach West Palm Beach Hollywood
District 43 District 9 District 81 District 82 District 97

Willie Logan, Jr. (D) James M. Lombard (R) John Long (D) Anne Mackenzie (D) Joseph R. Mackey, Jr. (D)
Opa-locka Osprey Land O'Lakes Fort Lauderdale Lake City
District 108 District 70 District 48 District 95 District 12

Elvin L. Martinez (D) Bruce McEwan (R) William Thomas Mims (D) Philip Mishkin (D) Sam Mitchell (D)
Tampa Orlando Lakeland Port Richey Veron
District 65 District 38 District 45 District 49 District 7

Luis C. Morse (R) Sandra Barringer Mortham (R) Patricia A. Muscarella (R) Norman Ostrau (D) Vernon Peeples (D)
Miami Largo Clearwater Plantation Punta Gorda
District 113 District 52 District 51 District 96 District 72

Steve Press (D) Kenneth P. Pruitt (R) John C. Rayson (D) Darryl Reaves (D) Alzo J. Reddick (D)
Delray Beach Port St. Lucie Pompano Beach Miami Orlando
District 86 District 79 District 92 District 106 District 40

Buzz Ritchie (D) Charlie Roberts (D) Luis E. Rojas (R) Hurley W. Rudd (D) Brian P. Rush (D)
Pensacola Titusville Hialeah Tallahassee Tampa
District 2 District 31 District 109 District 10 District 59

R. Z. Safley (R) Debby P. Sanderson (R) Dixie Newton Sansom (R) Ron Saunders (D) Charles W. SemblerII (R)
Clearwater Fort Lauderdale Satellite Beach Key West Sebastian
District 50 District 93 District 32 District 120 District 78

Ronald A. Silver (D) Art Simon (D) Peggy Simone (R) Robert B. Sindler, D.V.M. (D) Charles R. Smith (D)
North Miami Beach Miami Bradenton Apopka Brooksville
District 100 District 116 District 68 District 39 District 47

Kelley R. Smith, Jr. (D) Tracy Stafford (D) Robert J. Starks (R) Frank Stone (R) David L. Thomas, M.D. (R)
Palatka Wilton Manors Maitland Oviedo Sarasota
District 22 District 94 District 36 District 34 District 71

Tom Tobiassen (D) Jack N. Tobin (D) Robert DeWitt Trammell (D) Carlos L. Valdes (R) Joe Viscusi (D)
Cantonment Margate Marianna Miami Springs Lakeland
District 1 District 88 District 8 District 112 District 44

Peter Rudy Wallace (D) Daniel Webster (R) T. K. Wetherell (D) Stephen R. Wise (R) Walter C. Young (D)
St. Petersburg Orlando Daytona Beach Jacksonville Pembroke Pines
District 56 District 41 District 29 District 14 District 99

The Journal OF THE

House of Representatives

Number 1 Tuesday, January 14, 1992

Journal of the House of Representatives for the 94th Regular Session since statehood in 1845, convened under the
Constitution of 1968, begun and held at the Capitol in the City of Tallahassee in the State of Florida, on Tuesday, January
14, 1992, being the day fixed by the Constitution and Chapter Law 91-90, Laws of Florida, for the purpose.

This being the day fixed by the Constitution and Chapter Law 91-90,
Laws of Florida, for the convening of the Legislature, the Members of the
House of Representatives met in the Chamber at 10:30 a.m. for the
beginning of the 94th Regular Session and were called to order by the
Speaker, the Honorable T. K. Wetherell.

Prayer
The following prayer was offered by the Reverend Larry Edwards, Police
Chaplain for the Daytona Police Force:
Almighty God, Who has given us the land for our heritage, bless this
state with righteousness and truth; visit our cities, towns and countryside.
Heavenly Father, abide in our hearts and in our homes. Strengthen our
institutions. Endow our leaders with nobility and virtue. Protect them
from all evil. In all the decisions of the coming years, grant that we may
ever remain a state whose god is the Lord. Through our blessed Redeemer.
Amen.
The following Members were recorded present:

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

Foley
Frankel
Friedman
Garcia
Geller
Glickman
Goode
Gordon
Graber
Graham
Grindle
Guber
Gutman
Hafner
Hanson
Harden
Hargrett
Harris
Hawkes
Hawkins
Healey
Hill
Hoffmann
Holland
Holzendorf
Huenink
Ireland
IrvineJamerson
Jennings
Johnson, Bo
Johnson, Buddy
Jones, C. F.
Jones, Daryl
Jones, Dennis
Kelly
King
Langton
Laurent
Lawson
Lewis
Liberti
Lippman
Logan
Lombard
Long
Mackenzie
Mackey
Martinez
McEwan
Mims
Mishkin
Mitchell
Morse
Mortham
Muscarella

Ostrau
Peeples
Press
Pruitt
Rayson
Reaves
Reddick
Ritchie
Roberts
Rojas
Rudd
Safley
Sanderson
Sansom
Saunders
Sembler
Silver
Simon
Simone
Sindler
Smith, C.
Smith, K.
Stafford
Starks
Stone
Thomas
Tobiassen
Tobin

Trammell
Valdes

Viscusi
Wallace

Webster
Wise

Young

Excused: Rep. Rush, for the first hour of session.

A quorum was present.

Committee from the Senate

A committee from the Senate consisting of Senators Meek, Davis, Casas,
Plummer and Dantzler advanced to the well and announced that the
Senate was convened and ready to transact business.

Pledge

The Members pledged allegiance to the Flag led by the following
members of veterans' organizations: Al Woodward, Amvets; Philip Kaplan,
Jewish War Veterans; Robert Padgett, Military Order of the Purple Heart;
David Mount, Paralyzed Veterans of America; Jimmy B. Meeks and
George Carter, Disabled American Veterans; Charlie Yonts representing
Senator Bob Graham; John Eubanks and Bob Trainor, American Legion;
John Warren, American Veterans of World War II, Korea and Vietnam;
Lewis Waggoner, State Commander, Disabled American Veterans; Richard
White, Vietnam Veterans of America; Guenter Gruenwald, Ex-Prisoners
of War; Greg Brown, U.S. Department of Veterans Affairs; Walter
O'Reilley, National Forget-Me-Not Association for POW-MIAs; Dale
Doss, County Veterans Service Officer/Leon County.

House Physician

The Speaker introduced Dr. Gerold Schiebler, President of the Florida
Medical Association, Gainesville, who was serving in the Clinic today upon
invitation of Speaker Wetherell.

Presentation of Former Speakers and Former Members

The Speaker presented the following former Speakers who were present
today at his invitation: the Honorable Doyle Conner, the Honorable
Ralph Haben, the Honorable Mallory Home, the Honorable Jon Mills, the
Honorable Lee Moffitt, the Honorable James Harold Thompson, the
Honorable Donald Tucker and the Honorable Ralph Turlington.

The Speaker also presented the following former Members: the
Honorable Gene Hodges, the Honorable Sid Martin, the Honorable
Humberto Cortina and the Honorable Tom Lewis.

1

2 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

Committee to the Senate

On motion by Rep. Kelly, the Speaker appointed Reps. Figg, Burke,
Grindle, Diaz-Balart, Sansom, Albright, Arnold, Hargrett, Holzendorf and
Brown as a committee to notify the Senate that the House was convened
and ready to transact business. The committee was excused to perform its
assignment.

Communications
Governor Lawton Chiles advised that he desired to address the
Legislature in Joint Session today.

The following Certificate of Judicial Manpower was received:
No. 79,170

In re: CERTIFICATION OF JUDICIAL MANPOWER
[January 9, 1992]

SHAW, C. J.

Under the provisions of article V, section 9, of the Florida Constitu
the Florida Supreme Court is responsible for determining the need f
increase or decrease in the number of judges required to consider
dispose of cases filed before the respective courts. To this end, we
analyzed case filings and evaluated the growth in the workload of the
courts system over the past several years, in light of additional judge,
which have been authorized each year by the Florida Legislature.
As the result of this review, we are certifying the need for two di,
court of appeal judges, eight circuit court judges, and thirteen county
judges. A comparison of the requests for new judges filed by the respe
courts and the new judgeships certified as needed for fiscal year 19!
follows.

REQUESTS / SUPREME COURT CERTIFICATION

DCA REQUEST CERTIFIED

1 2 2

2

3 -

4 -

5 -

TOTALS 2 2
__ __
__ __

CIRCUIT COURT COUNTY COURT

CIRCUIT REQUEST CERT. COUNTY REQUEST CERT.

1

2

3 1 1 -

4 Duval 2 2

Clay 1 1

5 -

6 1 Pasco 1

Pinellas 1 1

7 1 Volusia 1

8 1 -

9 2 2 Orange 1 1

Osceola 1 -

10 1 1 Polk 1 1

11 2 Dade 1 1

12 1 1 -

13 1 Hillsborough 2 2

14 -

15 1 Palm Beach 2 1

16 -

17 Broward 2 2

18 Brevard 1 1

Seminole 1 -

19 1 1 Martin 1

20 3 2 -
___ ___ ___ ___

TOTALS 16 8 19 13
__ __ __ __
__ __ __ __

Florida Rule of Judicial Administration 2.035(b)(2) sets forth the criteria
for certification of need for additional judges in the district courts of
appeal. The Court received a request for two additional judgeships from
the First District Court of Appeal. We certify the need for both judgeships.
In making this recommendation we gave the greatest weight to past and
projected filings for the First District Court of Appeal.
The last judgeship authorized for the First District Court of Appeal was
effective in January 1990. Two judgeships were certified as necessary in
1991, but they were neither authorized nor funded by the Florida
Legislature. Total filings for the First District Court of Appeal have
increased almost 27% since 1989, while the other four district courts of
appeal combined have experienced only a 7% growth rate in filings during
the same time period. It is projected that from 1989 to the end of 1992 total
filings will have increased by 927 cases. This growth trend is consistent in
all categories of cases, including criminal, civil, administrative, and
workers' compensation matters. Additionally, the First District Court of
Appeal handles a disproportionate share of appeals of administrative
rulings. This class of cases is usually more demanding in terms of judicial
time and effort than general civil and criminal appeals. These factors are
sufficient to justify two additional judgeships for the First District Court
of Appeal.
The addition of two judges will bring the total number of judges in the
First District Court of Appeal to fifteen. An analysis of the filing rates
suggests that the trend of increased filings will continue into the
foreseeable future. Anticipated increases in case filings and the fact that
this court will have the highest number of judges of any of the district
courts of appeal warrant a review of alternatives for meeting the increased
workload requirements in future years through organizational, structural,
and procedural means. The Supreme Court will initiate such a review over
the next year.
ERT.
Florida Rule of Judicial Administration 2.035(b)(1) sets forth the criteria
for certification of need for judges at the trial court level. As with
certifications of recent years, we have placed the greatest weight on
statistical data reflecting the growth and composition of caseloads in the
various circuits and counties. We have determined that the most consistent
and reliable factor at the circuit court level is total case filings per judge.
Criminal, civil, probate, domestic relations, guardianship, and juvenile case
filings for each circuit are also evaluated by applying different weights
reflecting their different requirements for judicial hearing time and
attention. The filings-per-judge statistics for the county courts are
adjusted to exclude worthless check offenses and criminal and civil traffic
infractions, except for "driving under the influence" (DUI) infractions. In
addition to those factors prescribed in Florida Rule of Judicial
Administration 2.035, other criteria we considered included the use of
county and senior judges on temporary assignment; the availability of
supplemental hearing resources furnished by the counties (traffic

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 3

magistrates, child support hearing officers, commissioners, and general or
special masters); reliance on mediation and arbitration to resolve cases;
and special local circumstances that affect case handling.
The need for additional judgeships at the circuit court level is more
limited than in recent years. Even though the eight circuit judges certified
as necessary by this Court in fiscal 1991-92 were not funded, we find it
necessary to certify the need for only eight circuit judges this year. We
hereby certify the need for one additional circuit judgeship for the Third,
Tenth, Twelfth, and Nineteenth Judicial Circuits. We certify the need for
two additional circuit judgeships for the Ninth and Twentieth Judicial
Circuits.
Our data shows that the rate of increase in filings in the circuit courts,
which had been quite dramatic during the later half of the 1980s, has
slowed significantly since the last half of 1989. This is largely due to lower
filing rates in the criminal divisions in many circuits. Criminal filings are
down 7.5% since 1989. This is mainly attributable to a substantial drop in
property and drug crimes over the past two years of 14% and 20%
respectively. Violent criminal filings (murder, rape, assault, and robbery)
are up 3% for the same period. Seventeen of the twenty judicial circuits
experienced decreases in criminal filings since 1989; only the Ninth, Tenth,
and Twentieth Judicial Circuits realized growth in workload in this
category.
Civil, domestic relations, and juvenile filings are up slightly statewide
but there is considerable variance in workload growth among the twenty
judicial circuits. Civil filings are up 1.5% since 1989, largely due to a
significant increase in real property and mortgage foreclosure cases.
Personal injury litigation has also increased slightly during this time
period. However, caseload statistics show a substantial decline in the
number of contract and bad debt cases. This decrease is primarily due to
the change in the monetary jurisdiction of the circuit court from $5,000 to
$10,000, which was effective on October 1, 1990. All circuits experienced
sharp declines in these types of civil filings after that date. There was a
concurrent increase in county civil filings.
Domestic relations filings are up 10% since 1989. Much of the increase
can be attributed to the increases in domestic violence petitions. Since
1986, when the statute governing domestic violence was substantially
amended, domestic violence petitions have risen from approximately 800
a month to more than 3,000 in September 1991. All circuits have
experienced this pattern of growth.
Juvenile filings are up 6% since 1989, but there are significantly
different trends in delinquency versus dependency filings. Delinquency
filings are up 11% over the past two years, with seventeen of the twenty
circuits experiencing increases. Dependency filings are down 25%, with
only the Sixth and Eleventh Judicial Circuits experiencing increases.
Probate filings have remained relatively constant. However, eleven of
the twenty circuits did experience a slight decline in the number of filings
since 1989.
Still, we find compelling justification for eight new circuit court
judgeships. All of the courts for which new circuit judgeships are requested
are projected to have 1992 filings levels well above the 1,865 filings-per-
judge threshold, at which this Court has determined there is a presumptive
need for more judicial resources. Other factors, such as geographical
constraints affecting judicial assignments, reliance on senior judges on
temporary assignment, and historical assignments of county judges to hear
circuit court matters, weighed heavily in our decisions for selected circuits.
These judgeships are critical to the ability of the circuit courts to keep
up with caseloads. Each year the courts are surveyed to determine how long
litigants and attorneys must wait before their cases may be heard before
a judge. The survey captures data on the time a litigant has to wait to get
a jury trial in a criminal or civil case once the case is trial-ready and how
long it takes to get a hearing on a routine motion, based on the expected
length of the hearing. The data gathered this year indicated that, except
for capital murder cases, a majority of the judges who responded are
scheduling jury trials in criminal cases within sixty days of the request. In
capital murder cases, the wait for a jury trial is almost twice that long in
the majority of cases. Overall, more than 90 % of the capital murder trials
and 99% of other criminal trials are scheduled within 180 days of the
request.

In contrast, less than 20% of the civil jury trials can be scheduled within
sixty days of the request. A request for a jury trial of less than five days
in a civil case requires an average wait of between 90 and 120 days, once
discovery is complete and the case is at issue. The majority of trials
estimated to last five days or longer cannot be scheduled any sooner than
120 to 180 days. Almost 20% of the trials lasting more than five days must
be scheduled more than 180 days from the date of the request.
Hearings on motions related to criminal cases are heard much more
quickly than those in civil cases. Hearings of less than thirty minutes are
generally scheduled within fifteen days of the request in the majority of
criminal cases. In criminal cases, only 5% of the motion hearings must be
set more than sixty days beyond the date of the request. Only
approximately 33% of the civil motion hearings are scheduled within
fifteen days, and almost 40 % of motion hearings requiring more than thirty
minutes are scheduled at least sixty days from the date of the request.
Parties in domestic relations cases who request a hearing for routine
motions that will require longer than thirty minutes must wait more than
sixty days.
The significant differences in waiting time to have motions heard or
cases tried in civil versus criminal matters are developing because, in times
when resources are limited, chief judges must ensure criminal dockets are
adequately covered. The effect is that civil calendars become more
congested. With the disposition rates leveling off in recent years, which
suggests Florida judges are working at or near capacity, these already
intolerable delays will only get worse if the additional judgeships we have
certified are not authorized and funded. The eight circuit court judgeships
we find to be needed will not enable a reversal of these trends, but they are
crucial to our ability to avoid greater delays than are currently the norm
in many circuits.
County court criminal and civil filings declined slightly since 1989, while
DUI filings continue to increase at a rapid rate. This increase has had
considerable impact on county judge workloads because DUI cases are far
more complicated and likely to require a jury trial. In 1990, DUI jury trials
accounted for almost 50% of all jury trials held in county court. Also, all
counties have experienced a substantial increase in the number of civil
filings in matters involving more than $2,500. Again, this is due to the
change in county court civil jurisdiction from $5,000 to $10,000, effective
October 1, 1990. It is noted that the monetary jurisdiction of the courts will
increase again, to $15,000, on July 1, 1992, resulting in the shift of more
cases to these courts. Further, in many counties, chief judges have assigned
county judges to hear simplified dissolutions and other uncontested
dissolutions pursuant to legislative authorization which was also effective
October 1, 1990. While the growth of caseloads in the county courts
recently leveled off, the rapid rise in county court caseloads during the
latter half of the 1980s has left many urban counties with insufficient
judicial resources. This Court was conservative in its certification of
additional county judges prior to 1991. Between 1987 and 1990, only twenty
county judgeships were certified. We certified the need for twelve county
judges last year, but the legislature neither authorized nor funded the
request. We are certifying the need for thirteen new county court
judgeships for fiscal year 1992-93. One additional judgeship is deemed
necessary for Clay, Pinellas, Orange, Polk, Dade, Palm Beach, and Brevard
Counties. Two additional judgeships are required in Duval, Hillsborough,
and Broward Counties.
In evaluating the need for such positions, we relied principally on filings
data that were adjusted to include only criminal, civil, and DUI cases.
Worthless check cases, non-DUI criminal traffic infractions, and civil
traffic infractions were weighted less heavily because of their limited
requirements for judicial time, the diversion of large numbers of worthless
check cases in selected circuits, and the variability and volume of such
cases reported from county to county. We used a range of 3,700 to 3,800
adjusted filings per judge as the threshold at which there is a presumptive
need for additional judicial positions. County courts with caseloads near
or exceeding that level were judged to be operating at or above capacity.
County judges in such courts were found to have relatively little time to
assist with case assignments at the circuit court level. Where the judges in
these counties did help with the circuit court workload, it was to the
detriment of case processing in the county courts. All of the counties for
which certification of need is made are projected to have between 3,718 and
4,566 adjusted filings per judge in 1992.

4 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

Florida trial courts have continued to address workload pressures by
relying heavily on the temporary assignment of senior judges. A total of
4,582 days of service was provided by senior judges in fiscal year 1990-91.
This is the equivalent of approximately 19.2 judge years. Were it not for
the availability of this resource, the delays in scheduling hearings and trials
outlined previously would be much greater. We expect demand for senior
judge service to continue to grow since no new judgeships were authorized
for the current fiscal year. Yet, budget cutbacks have forced a curtailment
in the assignment of senior judges. A total of $415,000 was cut from the
appropriation, which is the equivalent of 6.5 years of judicial service. The
use of senior judges is the most cost-effective and flexible program we have
to address scheduling problems and emergencies as they arise. The Court
is seeking restoration of the funds that were cut and full funding of its fiscal
year 1992-93 budget request for approximately 5,050 days of senior judge
service. This is viewed as a critical companion measure of the judicial
certification.
Full funding for the requests certified as needed herein is deemed
absolutely essential if Florida's courts are to fulfill their constitutional
mandate to try cases in a fair, impartial, and timely manner.
It is so ordered.
OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and
HARDING, JJ., concur.
Original Proceeding Certification of Judicial Manpower

The Journal
The Journal of December 13, 1991 was corrected and approved as
follows: On page 55, column 2, and page 58, column 1, beneath the heading
"Pair Vote", strike the entries under that heading and on page 55 insert:
I am paired with Rep. Sanderson on the passage of SB 16-D. If she were
present, she would vote "Yea" and I would vote "Nay." Representative
Chance Irvine, District 21; On page 58, column 1, insert: I am paired with
Rep. Sanderson on the passage of SB 18-D. If she were present, she would
vote "Yea" and I would vote "Nay." Representative Chance Irvine, District
21

Introduction of House Concurrent Resolution

On motion by Rep. Bo Johnson, the rules were waived for introduction
and consideration of a concurrent resolution.

By Representative Bo Johnson-

HCR 1-Org.-A concurrent resolution providing that the House of
Representatives and Senate convene in joint session for the purpose of
receiving a message from the Governor.

WHEREAS, His Excellency, Governor Lawton Chiles, has expressed a
desire to address the Legislature in Joint Session; NOW, THEREFORE,

Be It Resolved by the House of Representatives of the State of Florida, the
Senate Concurring:
That the House of Representatives and the Senate convene in Joint
Session in the chamber of the House of Representatives at 11:00 a.m. this
day, January 14, 1992, for the purpose of receiving the message of the
Governor.
-was read the first time by title. On motion by Rep. Lombard, the rules
were waived and the concurrent resolution was read the second time by
title. On motion by Rep. Bo Johnson, the concurrent resolution was
adopted and, under the rule, immediately certified to the Senate.

Messages from the Senate

The Honorable T. K. Wetherell, Speaker

I am directed to inform the House of Representatives that the Senate has
adopted HCR 1-Org.
Joe Brown, Secretary

The above concurrent resolution was ordered enrolled.

Consideration of House Resolution
On motion by Rep. Bo Johnson, the rules were waived for consideration
of a House Resolution.

On motions by Rep. Bo Johnson, the rules were waived and-
HR 1553-A resolution in memory and honor of Martin Luther King,
Jr., on his birthday.
WHEREAS, January 15th is the birthday of Martin Luther King, Jr.,
and as such offers us a brief, but important moment to reflect on the
historic importance and unique greatness of the man and his
accomplishments, and

WHEREAS, Martin was born "Michael" Luther King in 1929 in Atlanta,
Georgia, one of three children of a Baptist minister and his wife, a former
schoolteacher, but received his father's name when he was about 6 years
old, and
WHEREAS, not surprisingly, Martin Luther King, Jr., as a young man,
displayed an enormous passion for education, earning his B.A. from
Morehouse College in 1948 and his Ph.D. from Crozer Theological
Seminary in 1955, and
WHEREAS, Dr. King was a deeply compassionate man whose concern
for the poor and powerless led him to leave the shelter of the academic
world he so cherished to accept the pastorate of the Dexter Avenue Baptist
Church in Montgomery, Alabama, and it was in that city in 1955 that he
first became a national figure by mobilizing the black community during
the long, difficult year of its bus boycott, and
WHEREAS, in 1957, Dr. King helped establish the Southern Christian
Leadership Conference and was elected its first president, and in 1960
proudly joined his illustrious father as co-pastor of Atlanta's Ebenezer
Baptist Church, and
WHEREAS, in 1963, Dr. King's national prominence was enhanced
when he withstood police brutality and arrest in Birmingham, Alabama,
during the protest over segregated facilities and later that year gave his
celebrated "I Have a Dream" speech at the March on Washington, D.C.,
ultimately earning Time magazine's designation as Man of the Year for
1963, and

WHEREAS, in 1964, Dr. King achieved international renown as th
youngest recipient of the Nobel Peace Prize, and

WHEREAS, after returning from the awards ceremony in Oslo, Norway,
Dr. King assiduously resumed his civil rights work and in March of 1965
helped lead the Freedom March from Selma to Montgomery, and
WHEREAS, as the nation's leading proponent of nonviolent civil
disobedience, Dr. King became an outspoken opponent of American
involvement in the war in Vietnam, for which he found himself
disappointingly ostracized by many former supporters, including many in44
other organizations representing the black community, and
WHEREAS, Dr. King subsequently shifted and focused his attention on
what he perceived as the root of most of the country's problems-
poverty-and began organizing the Poor People's Campaign, and
WHEREAS, it was in this spirit of helping the poor that he interrupted
his organizing work and went to lend his support to the sanitation workers'
strike in Memphis, Tennessee, where he was tragically assassinated on
April 4, 1968, on the balcony of the Lorraine Motel off Beale Street, and
WHEREAS, as the dominant figure in the civil rights movement during
its period of greatest achievement, from 1957 to 1968, and an acknowledged
leader worldwide of the nonviolence movement, Dr. Martin Luther King,
Jr., helped guide America through one of its more difficult periods with his
extraordinary blend of courage, commitment, and compassion and his keen
sense of justice, and
WHEREAS, Dr. Martin Luther King, Jr., may serve to guide us still,
from his distance in time as has many another of our great leaders from the
past, as a model to follow through the perplexing difficulties of our own
times, hopefully to finally achieve that dream of his and ours and others
around the world, the cherished promise of democracy-justice and
equality for all, NOW, THEREFORE,

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 5

Be It Resolved by the House of Representatives of the State of Florida:
That Dr. Martin Luther King, Jr., is hereby remembered and honored,
on the occasion of his birthday, January 15th, as one of America's, the
world's, and history's great individuals.
-was withdrawn from the Committee on Rules & Calendar and read the
second time by title. On motion by Rep. Logan, the resolution was adopted.

Recessed
The House stood in informal recess at 10:42 a.m. to reconvene at
11:00 a.m. today.

Reconvened
The House was called to order by the Speaker at 11:00 a.m. A quorum
was present.
JOINT SESSION
Pursuant to HCR 1-Org., the Members of the Senate, escorted by the
Sergeant at Arms of the Senate and the Sergeant at Arms of the House,
were seated in the Chamber. The President and President pro tempore
joined the Speaker and the Speaker pro tempore at the rostrum. The
Secretary joined the Clerk at the front desk.

Arrival of Lieutenant Governor and Cabinet
The Honorable Buddy MacKay, Lieutenant Governor; the Honorable
Jim Smith, Scretary of State; the Honorable Robert A. Butterworth,
Attorney General; the Honorable Gerald A. Lewis, Comptroller; the
Honorable Tom Gallagher, Treasurer and Commissioner of Insurance; the
Honorable Bob Crawford, Commissioner of Agriculture; and the
Honorable Betty Castor, Commissioner of Education, constituting the
Cabinet, were escorted into the Chamber by the Sergeant at Arms of the
House and seated.

Arrival of Supreme Court
Chief Justice Leander J. Shaw, Jr., Justice Ben F. Overton, Justice
Parker Lee McDonald, Justice Rosemary Barkett, Justice Stephen H.
Grimes, Justice Gerald Kogan and Justice Major B. Harding, constituting
the Supreme Court, were escorted into the Chamber by the Sergeant at
Arms of the Senate and seated.

The Speaker presented the gavel to Gwen Margolis, President of the
Senate, asking her to preside over the Joint Session.

THE PRESIDENT OF THE SENATE PRESIDING
A quorum of the Joint Session was declared present.

Prayer

The following prayer was offered by the Reverend Hal Marchman, .
Central Baptist Church, Daytona Beach:

We pause to give thanks, Almighty God, for this great state and for our
elected leaders. Help us to remember that there is a power greater than we
are, and that this power will give us grace, wisdom and courage for the
living of these days. Shalom and Amen.

Pledge
The Members of the Joint Session, led by the President, pledged
allegiance to the Flag.

Committee to the Governor
On motion by Rep. Bo Johnson, the President appointed Senators
Thomas, Weinstein, Crenshaw, Thurman and Jenne, and on behalf of the
Speaker, appointed Reps. Mishkin, Chinoy, Clemons, Muscarella, Daryl
Jones and Bloom as a joint committee to notify the Governor that the
Legislature had assembled to receive his message. The committee retired
to execute its responsibility. Upon announcement by the Senate Sergeant
at Arms, the committee escorted Governor Chiles to the rostrum.

Presentation of the Governor
President Margolis presented the Honorable Lawton Chiles, Governor,
who addressed the Joint Session as follows:

Governor's Address
Madam President Margolis, Speaker Wetherell, Chief Justice Shaw and
members of the Supreme Court, my teammate, Buddy MacKay, members
of the Cabinet, members of the Senate and House of Representatives and
my fellow Floridians.
This year, 1992, we celebrate the discovery of America, the new world.
Five hundred years ago Christopher Columbus embarked upon his quest.
Last year, you and I, like Columbus, began our journey and we, like
Columbus, experienced our share of difficulties last year:
National Recession
Unemployment
State Revenues Down
However, notwithstanding some hardships and some surprises, we even
found a court that wanted to right size us a little bit. We have achieved
some meaningful progress.
To reach our destination, we must first know how far we've come-then
how far we must go-that's our map.
Let's first talk about how far we've come: The Chiles/MacKay
campaign was about change, trust and faith.
CHANGE
The way we deliver services and the way government spends our people's
money-to turn upside down the 1930 model of "the micro-managed
bureaucracy"-
to empower workers
to decentralize government
to move decision making back into communities
to partnership with local governments and private and "not for
profit" sectors.
Where are we? How far have we come?

Campaign Reform-recognized as the toughest campaign bill in the
country. A limit of $500 on our maximum spending.

Ethics Reform-our new reporting laws will allow the public to see
attempts to influence elected officials.
These laws go to the heart of public trust, and I applaud you for enacting
them.

Isn't it strange that with all of the talk we heard about "turkeys" in the
past, we hear so little about the fact that we got rid of them

In 1988 our people, by initiative, said they wanted a Department of Elder
Affairs. The last Governor thought that wasn't a request worthy of
implementing. Buddy and I pledged to create that department and you
helped us fulfill that promise.
On January 1, the Department of Elder Affairs went into action. It was
created with no increase in special revenues for management and
administrative services. Seniors all over this state feel better about their
government because we have carried out their wishes. That's about trust.
With your help we reached settlementof the Everglades suit. That's also
about trust.
In our campaign, Buddy and I promised to fix two basic problems:
1. a service delivery system that wasn't working
2. a tax structure that failed to meet the needs of our people, and
protected and favored special interests.
However, last year we refused to initiate tax reform or seek new revenue
until we overhauled our system of spending.

6 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

We persisted in this course even when the recession caused the economy Now we can turn our attention to tax reform and the need to develop a
to drop out from under us. new strategy to invest in Florida's future.

The easiest way for me to describe the nearly two billion dollars in cuts
that we made to the budget is to say one billion tightened our belt. It was
necessary cuts. Many areas needed it, but the last one billion came out of
the hides of our people.
I shared the anguish that each of you felt in your hearts as the drop in
projected state revenues meant that we could not fund programs that
affected vital services to our elderly, our children and those most in need.
Many of our teachers, our health workers, our parents and even our
school children asked for help immediately, but, as painful as it was, we had
to fix "the system" before we could ask for more money.
You have acted responsibly with us in this budget crisis, and I applaud
you.
I think we all agree that if our goal is a state government that delivers
quality education and beneficial health and human services, we must
support those people who provide those services. That's our state workers.
You have passed a major career service reform act that gives us the tools
to manage, train and reward a productive work force. That's a major piece
of legislation.
EDUCATIONAL ACCOUNTABILITY
Commissioner Betty Castor provided the leadership and you passed a
major education package that folds up money for the categorical,
micromanaged education spending programs.
We have freed up the necessity for so many supervisors and program
coordinators. More dollars can now go into the classroom, and the process
of decision making as to what and how to teach goes back to teachers,
principals and parents at the county level.
We have replaced the old top down controls with accountability. We're
going to measure outcomes of programs by the quality of our students;
that's the true test of the success of any educational system.
This month in every school in our state parents, teachers and principals
are meeting together to determine their own future goals. This is a major
landmark change. I venture to say that when people look back and talk
about minimum foundation and other things that we did in education,
they'll talk about education accountability. You should be very proud of
this accomplishment.
HRS
Your law mandated that public hearings be held across the state to solicit
the public's views of how we should reorganize HRS.
Over 2,000 people in over 100 hearings were virtually unanimous in the
belief that the management of HRS services should be returned to local
control and direction.
In the special session, we proposed the reorganization of HRS, and you
agreed with that concept. When we do that in this session we will send the
signal that we have faith in our people.
Attorney General Butterworth initiated a cabinet proposal for
reorganization of the executive branch. The Cabinet concurred in that and
we recommended it to you in the special session.
These changes will save money and they will eliminate duplication and
provide a much better line of accountability.
BUDGET REFORM
Budget reform is a prerequisite to enable us to spend our people's tax
dollars effectively. The Senate has prepared a good bill on budget reform
and, Mr. Speaker, you have assured me that this will be one of the first
actions taken by the House.
With these actions, I can say with confidence that we have reached the
end of the beginning.
We can now look our people in the eye and say that we have a
government that can deliver a dollar's worth of service for a dollar of your
taxes.

Now we can turn our attention to tax reform and the need to develop a new
strategy to invest in Florida's future.
When I walked the State in 1970, I started at Century on the Florida-
Alabama line and walked to Key Largo, which is over one thousand miles.
I used a map to chart my course. I marked out the route-how far I had
to go-the roads I would take, the cities I would visit and the miles I had
to make each day. With my map as my chart, I was successful. I completed
the course.
Today, Buddy and I are giving you our map to guide Florida's families
on their journey over the next few years.
This is our plan-investing in Florida's future; but it's not sacrosanct.
It is an outline that requires your input, the input from our people and a
yearly review and update to see if we are meeting our goals-to ensure that
we are on course.
You have heard me talk about the need for setting measurable goals-
outcomes we can be graded upon. In our plan we do this-now many of
those goals may be beyond our grasp, but if we don't reach further than we
can grasp we will never move from where we are.
TAX REFORM
The first thing to establish in tax reform is tax fairness. Our current tax
structure is like a meat platter that has been picked to the bone by many
special interests.
Over the decades these special interests have always been at the table
saying, "Don't tax me, don't tax me". The party is over. We've got to tell
them all to belly up. Come and pay your fair share and until we get
everybody paying their fair share, we shouldn't be asking the people that
have been paying to pay more.
Representative Logan and Representative Huenink have filed bills
sunsetting sales tax exemptions. These deserve serious consideration.
I hear all the plaintive cries that you hear. People say: "This is not the
year to talk about investment and certainly not taxes", or "We're in a
recession." You hear, "People think we can still cut more" and "We've got
to hold the line." They want to "Wait until after the election," because "We
can't deal with this and reapportionment." Others advise, "Wait until the
economy recovers." I say, "What if Roosevelt had waited to invest in
America when we were in the midst of the depression of 1934?"
We have just witnessed our President going to Japan, hat in hand,
because we have failed to invest in our future. The real question is, "What
is right for the well being of our families, our children, in short, the future
of Florida?" Do we have enough trust and faith to bet that these
investments we make today will produce a better tomorrow?
Ruby Austin and her sister, LuLu, were great friends of my family in
Lakeland. LuLu was about seventy-five years old and she was sick and
went to see her doctor. The doctor said, "LuLu, you've got cancer." It's all
in your jaw, your face and we are going to have to operate on it immediately.
We are going to have to take out all the bones in your face and, LuLu, you
are not going to look exactly the same, but we got to do this and I want to
schedule this for next Tuesday. LuLu said, "No." He said, "I don't think
you understand. We could put it off a few more days if you want to, but
this is something you've got to do." LuLu said, "No." He said, "If you don't
do this I can't save your life." LuLu said, "I didn't come here to stay, but
I came here to make a difference." Now I want to know if you came here
to stay or if you came to make a difference? I'm betting that you came to
make a difference.
The Reality Budget, which by law I had to submit to you last December,
represents the cold reality born of quick fixes, lack of investment, the old
way of doing business. It will not make a difference. I think it will send us
reeling backward and I reject it.
INVESTMENT AMENDMENTS
I will be sending you five investment amendments that will make a
difference-it is the beginning of our PLAN TO INVEST IN FLORIDA.

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 7

TAX FAIRNESS
To pay for these desperately needed investments in education, our
families, our public safety, our environment and the ability to provide
responsive government, I propose closing loopholes in our present tax
system.
To Invest in Florida's Families, I propose among other things, that we
invest $383 million from selected sales tax exemptions and assessments
that would:

-provide for the first major step to assure that all Floridians have access But no matter how good our plan is, if our troops are not trained and
to quality health care and that children and their families are preserved, equipped to carry out their mission, we will not win the battle.

-to allocate more for community care for the elderly than the
traditional nursing home route, not only because it is less expensive but
because it is right and it is what our elder citizens want us to do.

-continue to expand our Healthy Start program to reach another 20,000
infants.

This is a real bottom-line investment since the cost of a normal birth is
$400 while the cost of a low birthweight baby can be as high as $10,000 a
day for intensive care.
We are involved in a series of lawsuits dealing with the woeful
inadequacies of Florida's child welfare and juvenile justice systems. We are
very close to having the federal court order federal monitors to take over
and manage these programs for us.
Twenty-one states and the District of Columbia have been sued in
similar lawsuits. Can you imagine the cost? It's over $20 million a year just
in legal fees.
But, worst of all, the world will know that you and I don't care enough.
That we wouldn't dare to exercise our leadership to protect those young
people who can't protect themselves-that we have to be mandated by the
federal court to take care of our own kids. You don't want this and neither
do I. This is an investment we have to make, and we're going to create more
trust when we make it.
To Invest in Making Government Work for Florida, we should allocate
$215 million to continue our critical effort to improve the way government
delivers services to our people.
Included in this investment is a commitment to return money back to
state agencies that improve their productivity and also a commitment to
maintain a cost of living increase for workers who are being forced to do
more with less.
Last year you recognized the need to invigorate and reward our state
work force.
Productivity enhancement is something that we all can take credit for.
You were very supportive of this.
Somehow there must have been a slight mistake-an oversight
perhaps-what we lawyers call a "Scrivener's error" in the deletion of
dollars for productivity enhancement in the special session. But, not to
worry, I took my pen and took care of that little $8 million error that you
made.
I'd like to recognize two groups of workers with us here today. They
represent all the dedicated state workers who have given so much to
Florida.
In the gallery as my guests are three workers from the Department of
Labor and Employment Security representing the 450 workers in the
Division of Workers' Compensation.
Their increased workload has saved the state $163 thousand and to date
314, or 70 percent of the division, have qualified for bonuses because of
their increased productivity.
Join me in thanking Margaret Forsman, Susie Stallings and Ida Smith.
Will you all please stand.
Also in the gallery today are three workers from the Department of
Revenue.

In three pilot projects representing 350 employees from the Division of
Collections, the Bureau of Revenue Return Processing and the Bureau of
Finance and Accounting, not only has there been a savings thus far to our
taxpayers of nearly $50,000, but our taxpayers are getting faster service.
Join me in thanking Delinda Smith, Alice Shaffer and Helena Johnston.
Will you also stand.
They represent not only the good work of their departments, but all the
soldiers of our army.
But no matter how good our plan is, if our troops are not trained and
equipped to carry out their mission, we will not win the battle.
We want to invest $37 million to upgrade technology in thirteen state
agencies. Look how far the Legislature has come. I now see a terminal on
all of your desks. You are light years ahead of us in the Executive Branch.
We would also invest $2.3 million to implement Career Service Reform
to increase productivity and efficiency.

Our Third Investment deals with Safeguarding our Quality of Life.

I propose we provide $29 million in general revenue plus an additional
$539 million in trust funds for critical needs such as: the purchase of
environmentally sensitive lands under Preservation 2000 and remember
we're not just talking about Preservation 2000-we're putting our money
where our mouth is.
We're earmarking a dedicated funding source for affordable housing.
This will also give leverage to our economy of an additional $12.7 million
for every $1 million we invest.
The dream and the ability to own your own home has been a major
incentive for our generations, and I am determined that our investment
plan will keep that dream alive.
Instead of looking at how to regulate or fine polluters, my Department
of Environmental Regulation-soon to be Environmental Protection, is
moving upstream to work with our vital industries to help them to reduce
their pollution before it happens.
There is also a new attitude at the Department of Community Affairs-
not just dictating solutions, but listening and trying to find a way to seek
solutions.
Now we have started a new Environmental Land Management Study,
known as ELMS III. Our former Speaker, James Harold Thompson, is
chairing that with an excellent panel that is well balanced and is charged
with seeking ways to make the growth management law work better, and
we all await their recommendations.
JOBS FLORIDA/ENTERPRISE FLORIDA
A bold twin incentive to speed up our economic recovery and broaden
our base with value added jobs-we desperately need to help Florida
businesses grow to their full potential.
PUBLIC SAFETY
This problem creates one of our people's most deeply felt concerns. I
propose to invest $130 million in general revenue To Ensure Public Safety
for Our People and to restore funds for 3,100 prison beds that were cut last
year.
We want to construct an additional 3,000 beds and open the facilities
providing for 1,100 beds scheduled to come on-line in 1992-93. This is an
investment that we have to make.
EDUCATION
The first step in providing quality education for Florida involves an
investment of $600 million, the largest of our investment amendments.
All of us know that the cuts that we had to make last year in education
went well beyond the fat and into the nerves and muscle of our education
system. In the special session you wanted to cut less than I did and our
Republican brothers and sisters wanted to protect education even more.
We can provide quality education but we can't provide it with 1989
funding.

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 8

My plan will begin to quickly restore critical education funding to the
current year levels.
I have included money to phase in Pre-K and dropout prevention
programs and for a teacher's pay raise of approximately $600 per teacher.
As a state we lead the nation in applications to our universities, but the
tragic fact is we also lead the nation with the lowest number of our students
able to get through and graduate from our state universities. We can't be
a world class state and allow that to continue. Our investment will allow
5,000 additional students in our university system.
If our map is going to get us anywhere, quality education must be one
of our key destinations.
THE LOTTERY
Public cynicism and distrust of government handicap us in everything
that we try to do. Nothing goes to the heart of this dilemma more than the
broken promise that lottery funds would be used to enhance education.
The lottery hoax is choking in their craw and it galls their gizzards. They
feel bamboozled-sold a counterfeit bill of goods.
We've got to rid ourselves of this mistrust. We must buy back the lottery.
I propose that we levy a gross receipts tax on several exempted items and
over five years-buy back the lottery.
Our investment would allow $155 million this year to truly go for the
enhancement of education, which I propose would be paid directly to
public schools to ensure the implementing of education accountability.
FAIR BUSINESS TAX
With the advice of business, I will propose a fair business tax. Ninety-five
percent of our corporations do not pay any corporate income tax.
We need to pass this business tax this year and begin in 1993 to collect
revenues which will provide a solid base for our state's needs.
SUNSHINE
I vigorously support the need for a Sunshine Amendment. The people's
right to know about their government is critical to keeping faith with them.
I will work with you to ensure we have an amendment on the ballot.
As we enact a menu of revenue options for city and county taxpayers this
session, I believe that we must give these local governments the flexibility
to raise revenue in the ways most acceptable to their communities.
Saturday, the headline in our capital newspaper was, "There is a bad
moon rising over the '92 session." In fact, there is a new moon rising. I think
it's pregnant with good possibility.
Because the headline says it's bad, don't make it so. Somebody in the
Gainesville paper is figuring that out this morning, too.
It's been said that politics is a form of magic, and that we work magic
by directing energy through a vision.
The Florida Investment Plan is our vision:
-It's a vision that nurtures and protects the rights of all of our children.
-It's a vision that holds harmless the treasures of our environment.
-It's a vision that provides health care (a family doctor) to all of our
people.
-It's a vision that ensures our public safety and a sense of security.
-It's a vision that gives our young people an education that will enable
them to find meaningful work with meaningful rewards.
-It's a vision that puts government and business together in a working
partnership for a better Florida. It empowers people in our communities
so that they can participate in making the decisions that affect their lives
and they can then be more in control of their own destinies.
It gives us value for our taxes, but calls upon all of us to pay our fair share
of the load. I know that it makes sense.
The Chiles/MacKay administration is going to direct all our energies
toward this vision.

Like a campaign, we're going to take it to the people of Florida. We start
today. Our people can help shape it as you can. We're going to ask them
to sign up for Florida. We want you to join with us. This is for Florida and
we need your bipartisan help in shaping and carrying this out.
As I said, our administration is about CHANGE...TRUST...and FAITH.
CHANGE
We have made many basic, fundamental changes, and with your help we
are going to propose and make many more.
TRUST
Trust is something we have to earn. We've taken some very important
first steps. This plan lays out Florida's real problems with real answers. It
is not symbolic-it's the way to earn trust.
FAITH
Hebrews says: "Faith is the substance of things hoped for, the evidence
of things not seen."
Faith is what you and I have to have in the people of Florida. We must
believe that they not only want the State that we want, but that they also
care enough that they are willing to sacrifice and to pay their share to
achieve it.
I believe that. I believe it to the marrow of my bones.
If you do, come join me and together we can build this future for Florida.
God bless.
Following his address, Governor Chiles was escorted from the Chamber
by the Committee. The members of the Supreme Court and the Lieutenant
Governor and Cabinet were escorted from the Chamber by the Sergeants
at Arms of the Senate and House.
On motion by Senator Thomas, the Joint Session was dissolved at
11:46 a.m. and the Senators were escorted from the Chamber by the Senate
Sergeant at Arms.

Reconvened
The House was called to order by the Speaker at 11:48 a.m. A quorum
was present.

On motions by Rep. Bo Johnson, the rules were waived and-

By the Committee on Rules & Calendar and Representative Bo
Johnson-
HR 4-Org.-A resolution amending the Rules of the House of
Representatives.
Be It Resolved by the House of Representatives of the State of Florida:
That the Rules of the House of Representatives adopted at the
Organization Session, November 20, 1990 and amended at the Special
Session "B", January 22, 1991 are amended as follows:
(a) Rule 2.7 is amended to read:
2.7-Open Meetings
Subject to order and decorum, the Speaker shall provide reasonable
access to members of the public, including at least one representative each
of the print media and the radio and television news media, to any meeting
between the Speaker and either the Governor or the President of the
Senate, if such members of the public or press have requested admission
to the meeting and the meeting has been prearranged for the purpose of
agreeing, at such meeting, to take formal legislative action on pending
legislation or amendments at such meeting or at a subsequent time. Such
meetings shall be reasonably open to the public and shall be governed by,
and conducted in accordance with, the requirements of Rule 5.25 5-9, as
if such meeting were a meeting between three or more legislators.

(b) Rule 5.1 is amended to read:

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 9

5.1-Members Shall Vote
Every Member shall be within the House Chamber during its sittings
unless excused or necessarily prevented, and shall vote on each question
put, except that no Member shall be permitted to vote on any question
immediately concerning his private rights as distinct from the public
interest. This Rule shall not abridge the right of a Member to enter on the
Journal his reasons for such abstention pursuant to Rule 5.11 5-0.

(c) Rules 5.7, 5.12 through 5.15 and 5.19 are created; and Rules 5.6, 5.8
through 5.11, 5.16 through 5.18, and 5.20 through 5.25 are amended and
renumbered to read:
5.6-Legislative Ethics and Official Conduct
Legislative office is a trust to be performed with integrity in the public
interest. A Member of the House is jealous of the confidence placed in him
by the people and by his colleagues. By personal example and by
admonition to colleagues whose behavior may threaten the honor of the
lawmaking body, he shall watchfully guard the responsibility of his office
and the responsibilities and duties placed on him by the House.
To this end, each Member of the House shall be accountable to the
House for violations of this Rule or any provision of the House Code of
Conduct contained in Rules 5.7 through 5.16.
5.7-The Integrity of the House
A Member shall respect and comply with the law and shall conduct
himself at all times in a manner that promotes public confidence in the
integrity and independence of the House and of the Legislature. Each
Member shall conduct himself at all times in a manner that promotes a
professional environment in the House, free from discrimination.
5.8 5.7--Improper Influence
A Member of the House shall accept nothing which reasonably may be
construed to improperly influence his official act, decision or vote.
5.9 5.8-Conflicting Employment
A Member of the House shall not allow his personal employment to
impair his independence of judgment in the exercise of his official duties.
5.10 5.9-Conflict of Interest
A Member of the House shall not directly or indirectly receive or agree
to receive any compensation for any services rendered or to be rendered
either by himself or another when such activity is in substantial conflict
with his duties as a Member of the House.
5.11 5.10-Disclosure Disqualification
A Member of the House prior to taking any action or voting upon any
bill in which he knows or believes he or a member of his family has a
personal, private or professional interest which inures to his special private
gain, or to that of a member of his family, or the special gain of any
principal by whom he or a member of his family is retained or employed,
shall disclose the nature of such interest as a public record in a
memorandum filed with the Clerk of the House and published in the
Journal of the House, or if such Member will be voting or abstaining from
voting in committee or subcommittee, he shall file a memorandum with the
committee secretary, who shall attach such memorandum to the committee
report. Upon disclosure, such Member may disqualify himself from voting
on a bill in which he has a conflict of interest pursuant to Rule 5.1. For the
purpose of this Rule, family members shall include the Member's spouse,
his parents, and his children.
5.12-Use of Official Position
A Member shall not engage in any activity for personal gain which
would be an abuse of the Member's official position as a Member or a
violation of the trust or authority placed in the Member either by the
public or by his colleagues.

5.13-Use of Information Obtained by Reason of Official Position
A Member may engage in business and professional activity in
competition with others, but shall not use any information obtained by
reason of his official capacity as a Member, unavailable to members of the
public as a matter of law, to gain advantage over any competition for
activities with the state and its political subdivisions.
5.14-Compliance with Statutes Relating to Ethics of Public Officers
A Member shall scrupulously comply with the requirements of all laws
related to the ethics of public officers.
5.15-Representation of Another Before a State Agency
No Member shall personally represent another person or entity for
compensation before any state agency other than a judicial tribunal.
5.16 5.11-Legislative Employees
Each Member of the House shall be responsible for calling the
regulations, policies and procedures of the Committee on House
Administration and the Rules of the House relating to legislative staff
provisions of Rule 1.7 of the House to the attention of any staff for which
the Member is directly responsible. A Member shall not engage, or permit
another to engage, in conduct which the Member knows or should have
known to be harmful to a professional environment in the workplace, free
from employment discrimination. A professional environment in the
workplace, free from employment discrimination is one in which there is
compliance with state and federal law and the regulations, policies and
procedures of the Committee on House Administration relating to
employment discrimination in effect on the date of adoption of this Rule.
5.17 5.12-Advisory Opinions
A Member of the House, when in doubt about the applicability and
interpretation of this Rule in a particular context, shall submit in writing
the facts of the situation to the Speaker, who shall refer the issue to a
committee designated by the Speaker to have responsibility for the ethical
conduct of Members with a request for an advisory opinion to establish the
standard of public duty. An advisory opinion shall be rendered by the
committee, all of said opinions to be numbered, dated, and published in
the Journal of the House. Said opinions shall not identify the Member of
the House seeking the opinion unless such Member so requests.
5.18 5.13--Appearance Before Committee
Any Member requesting an opinion from the committee so designated
under Rule 5.17 6&-2, after submitting the facts of the situation in writing,
may appear in person before the committee.
5.19-Complaints of Violations of the Standards of Conduct; Procedure
(a) Filing of Complaints. The Chairman of the Rules & Calendar
Committee shall receive and initially review allegations of improper
conduct that may reflect upon the House, violations of law, violations of
the House Code of Conduct, and violations of the rules and regulations
of the House relating to the conduct of individuals in the performance of
their duties as Members or officers of the House.
(1) Review of Complaints. The Chairman of the Rules & Calendar
Committee shall review each complaint submitted to the Rules &
Calendar Committee relating to the conduct of a Member or officer of the
House.
(2) Complaints.
a. A complaint submitted to the Chairman of the Rules & Calendar
Committee shall be in writing and under oath, setting forth in simple,
concise statements the following:
1. the name and legal address of the party filing the complaint
(complainant);
2. the name and position or title of the Member or officer of the House
of Representatives (respondent) alleged to be in violation of the House
Code of Conduct or a law, rule, regulation or other standard of conduct;
3. the nature of the alleged violation based upon the personal
knowledge of the complainant, including, if possible, the specific section

10 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

of the House Code of Conduct or law, rule, regulation or other standard
alleged to have been violated; and
4. the facts alleged to give rise to the violation.
b. All documents in the possession of the complainant that are
relevant to, and in support of, the allegations shall be attached to the
complaint.
(3) Processing Complaint and Preliminary Findings.
a. Upon the filing of a complaint, the chairman shall notify the
Member or officer against whom the complaint has been filed and give
such person a copy of the complaint.
b. The chairman shall examine each complaint for jurisdiction and
for compliance with subsection (a)(2) of this Rule.
c. Should the chairman determine that a complaint does not comply
with said Rule, the complaint shall be returned to the complainant with
a general statement that the complaint is not in compliance with said
Rule and with a copy of the Rule. A complainant may resubmit a
complaint provided such complaint is resubmitted prior to the expiration
of the time limitation set forth in section (o) of this Rule.
d. Should the chairman determine that the verified complaint does
not allege facts sufficient to constitute a violation of any of the provisions
of the House Code of Conduct, or a law, rule, regulation or other standard
of conduct, the chairman shall dismiss the complaint and notify the
complainant and the respondent of such action.
e. Should the chairman determine that the complaint is outside the
jurisdiction of the House, he shall dismiss the complaint and notify the
complainant and the respondent of such action.
f. Should the chairman determine that a violation is inadvertent,
technical, or otherwise of a de minimis nature, he may attempt to correct
or prevent such a violation by informal means.
g. Should the chairman determine that such a complaint does allege
facts sufficient to constitute a violation of any of the provisions of the
House Code of Conduct, or a law, rule, regulation or other standard of
conduct, and that the complaint is not de minimis in nature, the
chairman shall within twenty (20) days transmit a copy of the complaint
to the Speaker and, in writing, request the appointment of a Probable
Cause Panel or Special Master regarding the complaint.
(b) Probable Cause Panel.
(1) Creation. Whenever the Speaker receives a copy of a complaint
and request made pursuant to subsection (a) of this Rule, the Speaker
shall, within twenty (20) days, either (1) appoint a Probable Cause Panel
(the panel) consisting of an odd number of members or (2) appoint a
Special Master. If the Speaker appoints a Probable Cause Panel, he shall
also appoint one member of the panel as its chairman. The Speaker may
appoint up to two additional persons who are not Members of the House
to serve as non-voting, public members of a Probable Cause Panel.
(2) Powers and Duties. The members of the panel or the Special
Master shall have the following powers and duties:
a. investigate complaints and make appropriate findings of fact
promptly regarding allegations of improper conduct sufficient to
establish probable cause, violations of law, violations of the House Code
of Conduct and violations of rules and regulations of the House relating
to the conduct of individuals in the performance of their duties as
Members or as officers of the House;
b. based upon the investigation by the Special Master or the panel,
make and report findings of probable cause to the Speaker and to the
House as it relates to the complaint which occasioned the appointment
of the Probable Cause Panel or the Special Master;
c. recommend to the Rules & Calendar Committee such additional
rules or regulations as the Probable Cause Panel or the Special Master
shall determine as necessary or desirable to insure proper standards of
conduct by Members of the House of Representatives and by officers of
the House, in the performance of their duties and the discharge of their
responsibilities.

(3) Quorum. A quorum of a Probable Cause Panel, when appointed,
shall consist of a majority of the members of the panel. All action by a
Probable Cause Panel shall require the concurrence of a majority of the
full panel.
(4) Term. A Probable Cause Panel or Special Master, as appropriate,
shall serve until the complaint which occasioned the appointment of the
panel or the Special Master has been dismissed or until a finding of
probable cause has been transmitted to the Speaker.
(c) Preliminary Investigation and Probable Cause Finding.
(1) Preliminary Investigation.
a. The Probable Cause Panel or the Special Master shall provide the
respondent an opportunity to present to the panel, the Special Master,
or staff of the panel, orally or in writing, a statement addressing the
allegations.
b. The panel, Special Master, or the staff of the panel may interview
witnesses and examine documents and other evidentiary matters.
c. The panel or Special Master may order the testimony of witnesses
to be taken under oath, in which event the oath may be administered by
the chairman or any other member of the panel, by the Special Master,
or by any person authorized by law to administer oaths.
d. The panel or Special Master may require, by subpoena issued
pursuant to these Rules or otherwise, the attendance and testimony of
witnesses and the production of such books, records, correspondence,
memoranda, papers, documents, and other items as it deems necessary
to the conduct of the inquiry.
(2) Probable Cause Finding.
a. Panel Findings
1. The panel, by a recorded vote of a majority of the full panel, or the
Special Master, as appropriate, shall determine whether there is probable
cause to conclude that a violation within the jurisdiction of the panel or
the Special Master has occurred.
2. Should the panel or Special Master, as appropriate, find that
probable cause does not exist, the panel or Special Master shall dismiss
the complaint and notify the complainant and the respondent of its
determination.
3. Should the panel or Special Master, as appropriate, determine that
probable cause exists to believe that a violation occurred but that the
violation, if proven, is neither of a de minimis nature nor sufficiently
serious to justify expulsion, censure, or reprimand, the panel or Special
Master may recommend an appropriate, lesser penalty. If the respondent
agrees, a summary of the panel's conclusions or Special Master's
conclusions, as is appropriate, shall be published in the House Journal
and the agreed penalty shall be imposed. Should the panel or Special
Master be unable to satisfactorily settle the complaint, the complaint
shall be subject to a full evidentiary hearing before the Select Committee
on Standards of Official Conduct pursuant to subsection (d) of this Rule.
4. Should the panel or Special Master determine that probable cause
exists to believe that a violation occurred and that, if proven, would be
sufficiently serious to justify expulsion, censure, or reprimand, the panel
or Special Master shall cause to be transmitted to the respondent a
Statement of Alleged Violation. The statement shall be divided into
counts, and each count shall be related to a separate violation and shall
contain a plain and concise statement of the alleged facts of such
violation, including a reference to the provision of the House Code of
Conduct or law, rule, regulation or other standard of conduct alleged to
have been violated. A copy of the statement shall also be transmitted to
the Speaker.
b. Collateral Proceedings. Should the complaint against a Member or
officer of the House have been the subject of action before any other body,
the panel or Special Master may forward the complaint directly to a
hearing pursuant to subsection (d) of this Rule.

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 11

(d) Hearing.
(1) Select Committee on Standards of Official Conduct. Upon receipt
by the Speaker of a Statement of Alleged Violation, he shall appoint,
within twenty (20) days, a Select Committee on Standards of Official
Conduct (the select committee) to hold hearings regarding the statement
and make a recommendation for disciplinary action to the full House.
Upon the receipt by the Speaker of a complaint and findings by the
Commission on Ethics regarding a Member of the House, he shall appoint,
within twenty (20) days, a Select Committee on Standards of Official
Conduct to hold hearings regarding the finding and make a
recommendation for disciplinary action to the full House.
(2) Hearing. A hearing regarding a violation charged in a Statement
of Alleged Violation or in a complaint and findings by the Commission
on Ethics shall be held promptly to receive evidence upon which to base
findings of fact and recommendations, if any, to the House respecting
such violation. The hearing before the select committee shall be subject
to Rule 6.25.
a. Chairman. The chairman of the select committee or other member
presiding at a hearing shall rule upon any question of admissibility of
testimony or evidence presented to the select committee. Rulings shall be
final unless reversed or modified by a majority vote of the members of the
select committee who are present. Should the select committee appoint
a referee pursuant to subsection (i) of this Rule, the referee shall make
all evidentiary rulings.
b. Referee. The select committee shall serve as referee for all
proceedings under these Rules, unless the select committee retains an
independent referee pursuant to subsection (i) of this Rule.
c. Prosecutor. The select committee's staff shall serve as prosecutor
in all proceedings conducted under these Rules unless the select
committee retains independent counsel pursuant to subsection (j) of this
Rule.
d. Respondent's Rights. The respondent shall have the right to be
represented by legal counsel, to call witnesses, to introduce exhibits, and
to cross-examine opposing witnesses. The respondent or respondent's
counsel shall be permitted to take the deposition of the complainant in
accordance with paragraph (d)(3)a.3.
e. Complainant's Rights. The complaining witness is not a party to
these proceedings. The complaining witness has no standing to challenge
these Rules or procedures and has no right to appeal. The complainant
may submit a list of witnesses or questions for the select committee's
consideration to assist in its preparation for the hearing.
(3) Procedures.
a. Procedure and Evidence.
1. Procedure. The select committee may adopt rules of procedure as
appropriate to its needs.
2. Evidence. Irrelevant, immaterial, or unduly repetitious evidence
shall be excluded, but all other evidence of a type commonly relied upon
by reasonably prudent persons in the conduct of their affairs shall be
admissible, whether or not such evidence would be admissible in a trial
in the courts of Florida. However, hearsay evidence may not be used
unless same would be admissable under the Florida Rules of Evidence and
it shall not be sufficient in itself to support a factual finding unless it
would be admissible over objection in civil actions.
3. Discovery. Discovery may be permitted upon motion, which shall
state the reason therefore. Discovery shall be in accordance with the
Florida Rules of Civil Procedure, but may be limited in time, scope and
method by the chairman or the referee.
4. Testimony. The select committee may order the testimony of
witnesses to be taken under oath, in which event the oath may be
administered by the chairman or a member of the select committee, by
any referee appointed pursuant to subsection (i) of this Rule, or by any
person authorized by law to administer oaths.

5. Subpoenas. The select committee may require, by subpoena issued
pursuant to these Rules or otherwise, the attendance and testimony of
witnesses and the production of such books, records, correspondence,
memoranda, papers, documents, and other items as it deems necessary
to the conduct of the inquiry.
b. Order of Hearing. The order of the full hearing before the select
committee or the referee shall be as follows:
1. The chairman or the referee shall open the hearing by stating the
select committee's authority to conduct the hearing, the purpose of the
hearing, and its scope.
2. Testimony from witnesses and other evidence pertinent to the
subject of the hearing shall be received in the following order whenever
possible: (i) witnesses and other evidence offered by the select
committee's staff or the independent counsel; (ii) witnesses and other
evidence offered by the respondent; and (iii) rebuttal witnesses. (The
select committee may call witnesses at any time during the proceedings.)
3. Witnesses at the hearing shall be examined first by the select
committee's staff or the independent counsel. The respondent or the
respondent's counsel may then cross-examine the witnesses. The
members of the select committee may then question the witnesses.
Redirect and recross may be permitted in the chairman's or the referee's
discretion. With respect to witnesses offered by the respondent, a witness
shall be examined first by the respondent or the respondent's counsel,
and then may be cross-examined by select committee's staff or the
independent counsel. Members of the select committee may then question
the witness. Redirect and recross may be permitted in the chairman's or
the referee's discretion. (Participation by the select committee at the
hearing stage is at the sole discretion of the select committee and is not
mandatory.)
(4) Burden of Proof. At the hearing, the burden of proof rests on the
select committee's staff or the appointed independent counsel to
establish the facts alleged by clear and convincing evidence with respect
to each count.
(e) Committee Recommended Order.
(1) Committee Deliberations. As soon as practicable, the select
committee shall consider each count contained in a statement of alleged
violation or in a complaint and findings, as the case may be. A count shall
not be proven unless at least a majority of the select committee votes for
a motion that the count has been proved. A count that is not proved shall
be considered as dismissed by the select committee.
(2) Dismissal of Complaint. After the hearing, the select committee
shall, in writing, state its findings of fact. If the select committee finds
that the respondent has not violated any of the provisions of the House
Code of Conduct, or a law, rule, regulation or other standard of conduct,
it shall order the action dismissed and shall notify the respondent and
the complainant of such action.
(3) Recommended Order.
a. Recommended Order. If the select committee finds that the
respondent has violated any of the provisions of the House Code of
Conduct, or a law, rule, regulation, or other standard of conduct, it shall,
in writing, state its findings of fact and submit a report to the House. A
copy of the report shall be sent to the respondent and the complainant
and shall be published in the House Journal.
b. Penalty. With respect to any violation with which a Member or
officer of the House is charged in a count that the select committee has
voted as proved, the select committee may recommend to the House that
the Member or officer be fined, censured, reprimanded, placed on
probation or expelled, as appropriate, or may recommend such other
penalty as may be appropriate.
(f) Proposed Recommended Order.

(1) Referee. When a hearing is conducted by referee, as provided in
subsection (i) of this Rule, the referee shall prepare a proposed
recommended order and file it, together with the record of the hearing,
with the select committee. Copies of the proposed recommended order
shall be served on all parties.

12 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

(2) Proposed Recommended Order. The proposed recommended order
will contain the time and place of the hearing, appearances entered at the
hearing, issues, and proposed findings of fact and conclusions of law.
(3) Exceptions. The respondent and the independent counsel may file
written exceptions with the select committee in response to a referee's
recommended order. Exceptions shall be filed within twenty (20) days
after service of the recommended order unless such time is extended by
the referee or the chairman of the select committee.
(4) Recommended Order. The select committee shall deliberate and
render a recommended order pursuant to the provisions of subsection (e)
of this Rule.
(g) Consent Decrees. At any stage of the proceedings, the respondent
and the select committee may agree to a consent decree. The consent
decree shall state findings of fact and shall be published in the House
Journal. The consent decree shall contain such penalty as may be
appropriate. Should the House accept the consent decree, the complaint
pursuant to these proceedings shall be resolved. Should the House not
accept the consent decree, the proceedings before the select committee
shall resume.
(h) Confidentiality. Any material provided to the Chairman of the
Rules & Calendar Committee, the Probable Cause Panel or Special
Master, or the Committee on Standards of Official Conduct which is
confidential under applicable law shall remain confidential and shall not
be disclosed except as authorized by applicable law. Except as otherwise
provided in this section, a complaint and the records relating to a
complaint shall be available for public inspection upon the dismissal of
a complaint by the Chairman of the Committee on Rules & Calendar, a
determination as to probable cause with respect to a complaint by a
Special Master or panel, or the receipt by the Speaker of a request in
writing from the respondent that the complaint and other records
relating to the complaint be made public records.
(i) Referee. The Select Committee on Standards of Official Conduct
may, in its discretion and with the approval of the Speaker, employ a
referee to preside over the proceedings, to hear testimony, and to make
findings of fact and recommendations to the select committee concerning
the disposition of complaints.
(j) Independent Counsel. The Select Committee on Standards of
Official Conduct is authorized to retain and compensate counsel not
regularly employed by the House, as authorized by the Speaker.
(k) Attorney's Fees. When a Probable Cause Panel or a Special
Master finds that probable cause does not exist or the select committee
finds that the respondent has not violated any of the provisions of the
House Code of Conduct or a law, rule, regulation or other standard of
conduct, the panel or Special Master or the select committee may
recommend to the Speaker that the reasonable attorney's fees and costs
incurred by the respondent be paid by the House. Payment of such
reasonable fees and costs shall be subject to the approval of the Speaker.
(1) Eligibility.
(1) Speaker of the House. In the event that any allegation considered
or referred to the Chairman of the Rules & Calendar Committee or to the
Select Committee on Standards of Official Conduct involves the conduct
or activities of the Speaker, the duties of the Speaker pursuant to this
Rule shall be transferred to the Chairman of the Rules & Calendar
Committee. The duties of the Chairman of the Rules & Calendar
Committee under this Rule shall be transferred to the Vice Chairman of
the Rules & Calendar Committee when the duties of the Speaker
pursuant to this Rule are transferred to the Chairman of the Rules &
Calendar Committee.
(2) Rules & Calendar Committee Chairman. In the event that any
allegation considered or referred to the Chairman of the Rules & Calendar
Committee involves the conduct or activities of the chairman of such
committee, the duties of the chairman pursuant to these Rules shall be
transferred to the Vice Chairman of the Rules & Calendar Committee.

(m) Collateral Actions.
(1) Criminal Actions. Any criminal complaints relating to Members
shall be governed by Rules 5.21, 5.22 and 5.23 of the Rules.
(2) Commissions or Quasi-Judicial Agencies with Concurrent
Jurisdiction. Should a complaint against a Member or an officer of the
House be filed with a commission or quasi-judicial agency with
concurrent jurisdiction, the Chairman of the Rules & Calendar
Committee, a Probable Cause Panel or a Special Master, and the Select
Committee on Standards of Official Conduct shall have the discretion to
refrain from processing a similar complaint until such commission or
quasi-judicial agency has completed its review of the matter. Should such
a complaint be filed initially with the Chairman of the Rules & Calendar
Committee and subsequently filed with a commission or quasi-judicial
agency with concurrent jurisdiction, the Chairman of the Rules &
Calendar Committee, the panel or Special Master, and the select
committee shall have the discretion to suspend their proceedings until
such commissions or agencies have completed their review of the matter.
(n) Ex Parte Communications.
(1) A Special Master or a member of a Probable Cause Panel or of a
Select Committee on Standards of Official Conduct shall not initiate or
consider any ex parte communication relative to the merits of a pending
complaint proceeding by:
a. any person engaged in prosecution or advocacy in connection with
the matter; or
b. a party to the proceeding or any person who, directly or indirectly,
would have a substantial interest in the action of the panel, Special
Master or select committee, or their authorized representatives or
counsel.
(2) Except when acting within their official capacity as a Special
Master or as a member of a panel or select committee, a Special Master
or a member of a Probable Cause Panel or of a Select Committee on
Standards of Official Conduct shall not comment upon or discuss with
any other person the matters which occasioned the appointment of the
Special Master, panel or select committee during the pendency of
proceedings held pursuant to this Rule before the Special Master, panel
or select committee.
This section shall not apply to communications initiated or considered
by the Special Master or the chairman of the panel or select committee
relating to a settlement pursuant to section (c)(2)a.3. of this Rule or to
a consent decree authorized pursuant to section (g) of this Rule.
(o) Time Limitations.
(1) On or after the effective date of these Rules, all sworn complaints
alleging violations of the House Code of Conduct, shall be filed with the
Chairman of the Rules & Calendar Committee within two (2) years of the
alleged violation.
(2) A violation of the House Code of Conduct is committed when every
element of the Rule has occurred and time starts to run on the day after
the violation occurred.
(3) The applicable period of limitation is tolled on the day a sworn
complaint against the Member or officer is filed with the Chairman of the
Rules & Calendar Committee. If it can be concluded from the face of the
complaint that the applicable period of limitation has run, the
allegations shall not be considered a complaint for the purpose of
requiring action by the Chairman of the Rules & Calendar Committee.
The complaint and all material related thereto shall remain confidential.
5.20 l5.14-Penalties for Violations
Separately from any prosecutions or penalties otherwise provided by
law, any Member of the House determined to have violated the foregoing
requirements of this Rule shall be fined, censured, reprimanded, placed on
probation or expelled. Such determination and disciplinary action shall be
taken by a two-thirds vote of the House, except that expulsions shall
require two-thirds vote of the membership, upon recommendation of the
select committee so designated under Rule 5.19 5.12. This committee,

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 13

before making said recommendation, shall conduct a hearing, after
notifying the House Member alleged to have violated this Rule and
granting said Member an opportunity to appear at the hearing. The
Memebr who is under investigation shall have a right to testify on his own
behalf, cross examine the witnesses against him, compel the attendance
and testimony of witnesses on his own behalf before the committee shall
make a recommendation to the House.

5.21 5.15--Felony Indictment or Information of Member
(a) If an indictment or information for a felony, which relates to the
Member's responsibility as a public officer, is filed against a Member of the
House, the Member indicted or informed against may request the Speaker
to excuse the Member, without pay, from all privileges of membership of
the House pending final adjudication.

(b) If the indictment or information is either nolle prossed or
dismissed, or if the Member is found not guilty of the felonies charged,
which relate to the Member's responsibility as a public officer, or lesser
included felonies, which relate to the Member's responsibility as a public
officer, then that Member shall be paid all back pay and other benefits
retroactive to the date the Member was excused.

5.22 5.16--Felony Guilty Plea of a Member
A Member who enters a plea of guilty or nolo contendere (no contest)
to a felony, which relate to the Member's responsibility as a public officer,
shall be suspended immediatley, without a hearing, without pay, from all
privileges of membership of the House through the remainder of that
Member's term.
5.23 5.17--Felony Conviction of a Member

A Member convicted of a felony, which relates to the Member's
responsibility as a public officer, shall be suspended immediately, without
a hearing, without pay, from all privileges of membership of the House
pending appellate action or the end of that Member's term whichever
occurs first. If the final appellate decision is to sustain the conviction on
a felony, which relates to the Member's responsibility as a public officer,
then that Member's suspension shall continue to the end of that Member's
term; if the final appellate decision is to vacate the conviction and there
is a rehearing, the Member shall be subject to Rule 5.21 5.15; if the final
appellate decision is to vacate the conviction and no felony charges, which
relate to the Member's responsibility as a public officer, remain against
that Member, that Member shall be entitled to restitution of back pay and
other benefits retroactive to the date of suspension.

5.24 5.18-Transition from Office
A Member of the House who will not be a Member at the next ensuing
regular session of the legislature because of failure to be re-elected at the
general election shall be entitled to a two-week transition period in which
to close out the duties of his office. The transition period shall begin at the
expiration of a Member's term. A former Member shall not be entitled to
salary during the transition period, but shall receive a pro rata portion of
the statutory monthly intradistrict expense entitlement for Members of
the legislature.
A former Member's staff shall be entitled to a pro rata salary during such
period, provided said staff performs all transitional duties assigned by the
former Member.
A former Member desiring transitional funds shall submit a request in
writing to the Clerk of the House for the expenditure of such funds.
Transitional funds provided pursuant to this Rule shall be from House
funds, the expenditure of which shall be considered for a public purpose.
5.25 5.19--Open Meetings
Subject to order and decorum, each Member of the House shall provide
reasonable access to members of the public to any meeting between such
Member and two or more other Members of the House or of the Senate,
if such members of the public have requested admission and such meeting
has been prearranged for the purpose of agreeing to take formal legislative
action on pending legislation or amendments at such meeting or at a
subsequent time. No such meeting shall be conducted in the Members'

Lounge or at any location which is closed to all members of the public. No
such meeting shall be conducted at any location which the Member knows
to prohibit admission on the basis of race, religion, gender, national origin,
physical handicap, or similar classification.
Meetings conducted in the chamber of either the House or the Senate
while such body is in session shall be considered to be held at a location
providing reasonable access to, and to be reasonably open to, the public.
Where the number of persons must be limited because of space
considerations or otherwise for the maintenance of order or decorum, at
least one representative each of the print media, radio, and television shall
be included among the members of the public admitted, if such persons
have requested admission.
For the purpose of this Rule, Rule 2.7, and as used in Article III, Section
4 of the State Constitution, legislation shall be considered pending if filed
with the Clerk of the House and an amendment shall be considered
pending if it has been delivered to the secretary of a committee in which
the legislation is pending or to the Clerk of the House if the amendment
is to a bill which has been reported favorably by each committee of
reference and the term "formal legislative action" shall include any vote of
the House or Senate, or of a committee, or subcommittee on final passage
or on a motion other than a motion to adjourn or recess.
(d) Rule 11.1 is amended to read:
11.1-General Form; Manner of Consideration

(a) Amendments shall be filed with the Clerk on forms supplied by the
Clerk and must be stored on the legislative computer in a format approved
by the Clerk.
(b) The sponsor of an the amendment shall alse file with the Clerk a
printed original eepy of the each amendment with-the- lerk, which shall
be free of interlineations and which shall include as a part of its original
printed text the name of the sponsor, the bill number and the page and
line to be amended. Co-sponsors may be added in handwritten form.
(c) Amendments They shall be taken up only as sponsors gain
recognition from the Speaker to move their adoption, except that the
chairman of the committee (or in his absence, the vice chairman or any
member thereof) reporting the measure under consideration shall have
preference for the presentation of committee amendments.
(d) Unless there be objection, committee amendments shall be adopted
en bloc.
(e) For the purpose of this Rule, an amendment shall be deemed
pending only after its proposer has been recognized by the Speaker and has
moved its adoption.
(f) No amendment, other than an amendment to an amendment, or a
technical amendment offered by the Committee on Rules & Calendar,
shall be considered by the House unless a printed original copy of the
amendment had been delivered to the Clerk prior to the convening of the
daily session at which the sponsor seeks to offer the amendment; or, unless
by a majority vote of the House, the time limitation for filing the
amendment has been waived. No amendment to the amendment or
substitute amendment shall be offered unless a printed original of the
amendment to the amendment or substitute amendment had been
delivered to the Clerk not less than thirty (30) minutes after the
convening of the daily session at which the sponsor seeks to offer the
amendment to the amendment or substitute amendment or, by a majority
vote, the time limitation for filing the amendment to the amendment or
substitute amendment has been waived.
(g) However, when the provisions of Rule 8.15(c) are waived, the
deadlines for amendments, substitute amendments and amendments to
the amendment in section (f) of this Rule shall also be deemed to have
been waived. The provisions of this section shall not apply to any bill
which was placed on a previous Special Order Calendar presented to the
House.
-was read the first time by title. On motions by Rep. Bo Johnson, the
rules were waived and HR 4-Org. was read the second time by title and
adopted.

14 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

Speaker's Remarks
Speaker Wetherell: Ladies and Gentlemen. We are facing one of the
most challenging sessions that this legislature or any legislative body has
had to face, there's no doubt about it. We have some of the most difficult
issues that, I think, any session or any legislature will have to deal with.
You've heard the Governor. I think he's done a good job in outlining some
of the problems that we are going to be required to address if we are to
perform our constitutional duties.
The truth of the matter is, as was pointed out, we have done a good job
in Florida. Many of you this summer attended the National Conference
of State Legislatures in Orlando; some of you will be attending the
Southern Legislative Conference in Miami.
And while the press made a great to-do about who was playing golf and
where Mickey Mouse was housed, the reality is that when you went to the
meeting and you listened and you participated, you found that Florida, in
essence, was a leader in virtually every area that was being discussed.
Most states wanted to know more about our education accountability
bill. Most states wished they could pass a Preservation 2000. When they
talked about sunshine, they didn't know what it was all about until they
read the Florida law. When they talked about budget problems and a
budget process that was really open, they really didn't understand it until
they read Florida Statutes. You can be very proud of what you've done
in this Chamber and if you'll look at those initiatives, the majority of them,
in all honesty, were initiated by the Florida House of Representatives over
the past few years. You have done a yeoman's job in carrying forward a
tradition, I think a tradition of excellence that you can be very proud of
on both sides of the aisle. We don't necessarily need to apologize to
anyone for those initiatives.
But the fact of the matter is that we are facing some very difficult
issues. Two of those issues in particular: reapportionment and the
budget.
Now the reality of the situation is that in 1982, when we reapportioned,
most of you-many of you are a product of that process. As a matter of
fact, there are only 20 of us in this Chamber today that were here in 1982:
16 Democrats, 4 Republicans. That ought to tell you something. Just
kidding.
Some of you will be back again. None of you and none of us will do that
again this century. The next time we reapportion will be the year 2001.
We will set to a reapportionment process the agenda, not only for the rest
of this decade but the rest of this century, and shape the format of what
Florida will be for the next century. That in its own right,
notwithstanding the politics, is one heck of a challenge for any legislative
body.
Our goals are very simple. First, we want a fair plan. Secondly, we
want a plan that is legal, that satisfies the requirement of the Justice
Department. And thirdly, we want a timely plan.
I believe, and you have read in the paper how it is not our responsibility;
it's the ultimate conflict of interest. Folks, the Constitution is very
clear. It says the Florida Legislature shall reapportion itself. If you
don't like that, change the Constitution. The reality is we can't change
the Constitution so we must do it. The ultimate test of whether this
process is going to work may well be that issue. Certainly, we can step
aside and hand it to the courts and let them do it. But that would be, in
my judgment, an admission that we cannot do what we are constitutionally
charged to do.
My goal is to get that done with those three goals met. Get it done as
best and in as timely a manner as we can.
In order for us to do that, it requires us to produce a product and to go
through the various steps to have that product tested, not only by the votes
in this House, the votes in the Chamber down the hall, but affirmed by the
Court. We will move in that direction.
No one event, I think, will judge us more than this session; on how we
handle that particular issue. It is paramount. It is beyond party
politics.

The second issue that we must deal with, in all honesty, is the budget.
It is a budget that, quite honestly, transcends most of the substantive
issues. We are mired in one of the deepest recessions this nation has seen,
certainly one of the deepest recessions this state has seen. It is not a making
of any one individual or any one party in the state of Florida. But I must
tell you, the recession has masked some of the problems that this state
must begin to address. There is no doubt that we must begin to look at how
to manage Florida's growth that is going to continue to occur for the rest
of this century and next century. There is no doubt that we must address
the issue of how to make our businesses competitive and viable within the
rest of the nation and, quite honestly, within the international markets
that we are so terribly dependent upon. If business cannot make a dollar,
we cannot expect them to provide a dollar to provide the services that the
people of the state of Florida want. Those are difficult issues in their own
right, and there are more and more and more that we must face. The
challenge that has been put forward by the Governor is a monumental one,
to say the least.
Mr. Saunders is in the process, in the Appropriations Committee, of
producing a budget that, if there are no new dollars, this is what it will look
like. That is not a game. That is not trying to put everybody in the worst
posture, that is reality. That budget will require somewhere between two
hundred and four hundred million dollars of reductions in the budget that
currently exists, notwithstanding what we're getting from the Federal
Government right now, which are further mandates, food stamps,
Medicaid, AFDC and a host of others that will require additional cuts. We
will bring that to you. It is a base budget.
Whether we go any farther or not depends upon each of you in this
Chamber and those at the other end. We will not play games, we will do
it deliberatively. This process has served us well as long as we worked this
process. However, when we step outside those bounds, we generally make
mistakes.
There are a host of other issues, and I will not go into those or try and
frame them for you, but there is no doubt that we must continue to
maintain the people's trust by passing the open government amendment.
Representative Johnson and I, Representative Hawkes, Representative
Figg; some of them are involved in trying to bring forward an amendment
that will secure the openness that the people want, yet protect the
sensitivity of certain issues such as corporate secrets, if you would, certain
constituent issues, et cetera. We don't have anything to hide. We shouldn't
try. Nor should we try and apologize for being sensitive to individual rights.
We still are a nation of the people. We will try and deal with the issue of
health care, which is, in my judgment, the issue of the '90's. No other issue
is more important to the people of the state of Florida, whether you're 80
years old or 8 years old. That is a tough, tough issue that Representative
Bloom and the Health Care Committee has yet to deal with. It affects
reorganization and virtually every other program that we must deal with.
In addition to that, the Supreme Court has made it very, very clear, this
body and the Senate are the ones that are responsible for writing a budget
and amending a budget. It is no longer a test between the executive branch
and the legislative branch. It's the law. We must amend the budget.
Representative Saunders and the Appropriations Committee will be
bringing forth a budget reorganization plan and process which will include
goals for working capital and time lines which we have already superseded
in all honesty. We will do that.
There are a host of other issues. I've met with each committee chairman.
I have what you have worked on, and it's my intention to try and bring as
many of those items forward as humanly possible within the 60 days. Yet,
we will not give up our deliberative status. In addition to that, each of you,
as individuals, has bills, your communities have issues that they would like
to address. We will do everything humanly possible to address those issues
to the best extent we can. There is no doubt that politics are local, as Tip
O'Neill has said. There's also no doubt that no one will be beat, in my
judgment, on any one vote they cast on a state-wide issue in this Chamber.
If anybody could survive the service tax of four years ago, then you can
survive any vote that we'll cast in this session. Not a single person lost an
election based on that vote. They may have lost it on something they did
somewhere else, or didn't do. So we're going to bring forth an agenda, we're

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 15

going to test the issues. But we're going to do it in a partnership with our
colleagues at the end of the hall. We're not going to play games, we're not
going to see who can put on the biggest white hat or who can make the other
the biggest black hat. But we are going to address the issues the people of
this state asked us to look at. I'd like to publicly thank Mr. Lombard, the
minority party, for the efforts they put forward last session to allow us to
look at issues in an impartial manner. I think that is paramount if we are
going to be successful this year. We will do everything possible to allow
debate and allow people to pursue their individual beliefs.
But in the final analysis, we will do the right thing. I have every
confidence that we can have a good session. It will not be an easy session.
I was doing some addition up here when the Governor was speaking, and
if you voted for every one of those revenue enhancements and added them
to the reality budget, you'd be back to where you ended last year. Most of
us went home last year saying, "It wasn't that good of a year." It's going to
be a very tough year under the best of circumstances. The key to the whole
thing is for us to do the thing we do the best, that's work in this process,
believe in the Chairman, keep the ball moving and it will all work out.
Thank you very much.
Rep. Bo Johnson moved that the House stand in recess for the purpose
of holding committee meetings and conducting other House business, to
reconvene at 10:30 a.m., Tuesday, January 21. The motion was agreed to.

Introduction and Reference

First Reading by Publication

By Representatives Gordon, Mishkin, Dennis Jones, Press, Abrams,
Figg, Jamerson, Rush, Tobin, Kelly, C. Smith, Brennan, Reddick, Healey,
Silver, Foley, Rayson, Clark, Chestnut, Frankel, Young and Long-
HB 1-A bill to be entitled An act relating to universal access to health
care; providing legislative intent; providing definitions; creating the
Florida Universal Health Access Plan; establishing the Florida Universal
Health Access and Cost Containment Commission; providing commission
responsibilities; providing for the appointment and responsibilities of an
executive director; providing for implementation and administration of the
plan; creating the Florida Universal Health Access Trust Fund;
establishing Florida Universal Health Access Trust Fund accounts;
establishing a Health Professional Education and Training Fund;
providing eligibility for health benefits under the plan; providing for
covered and noncovered health services; providing access to participating
providers; providing for reimbursement; providing for revenues;
instructing the Department of Health and Rehabilitative Services to seek
waivers; providing reporting requirements; providing an appropriation;
providing an effective date.
Referred to the Committees on Health Care, Finance & Taxation and
Appropriations.

By Representative Jennings-
HB 3-A bill to be entitled An act relating to displaying the American
flag; prohibiting restrictions against the display of the American flag in
certain circumstances; providing penalties; declaring certain contracts and
other agreements void and unenforceable; providing for damages, punitive
damages, attorney's fees, and costs; providing an effective date.
Referred to the Committee on Judiciary.

By Representatives Sansom, Mims, Mackey, Arnall, Irvine, Lewis,
Lombard, Bainter, Bronson, Hawkins, Huenink, Jennings, Reddick,
Sembler, Starks, Corr, Grindle, Hoffmann, Feeney, Stone, K. Smith, Hill,
Long, Mitchell, Hanson and Kelly--
HB 5-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.
Referred to the Committees on Corrections and Appropriations.

By Representatives Sansom, Mims, Lewis, Bainter, Wise, Feeney,
Arnall, Stone, Irvine, Valdes, Lombard, Bronson, Jennings, Hawkins,
Sembler, Hoffmann, Rush, Corr, Grindle, Starks, K. Smith, Hill, Hanson
and Kelly-

HB 7-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.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Bainter, Rush, Wallace, Hoffmann, Saunders,
Graham, Hanson and Sindler-
HB 9-A bill to be entitled An act relating to beverage containers;
creating the "Beverage Container Recycling Act"; providing legislative
intent and purpose; providing definitions; establishing the Bureau of
Recycling of the Division of Waste Management of the Department of
Environmental Regulation; providing for rulemaking; creating the
Disposable Container Recycling Trust Fund; providing for the
implementation of beverage container deposits; establishing the Container
Deposit Program Task Force; providing for borrowing moneys from the
State Treasury, to be repaid from the trust fund; establishing beverage
container deposits; providing a minimum amount; providing labeling
requirements; providing distributors', dealers', and processors'
administrative requirements; providing for the payment and
reimbursement of deposits; providing for the establishment of redemption
and drop-off centers; providing for the permitting and certification of
processors and redemption centers; providing for reporting and recording
recycling rates; prohibiting disposing of beverage containers as landfill;
repealing s. 403.7197, F.S., relating to the advance disposal fee program;
repealing s. 403.7198, F.S., relating to deposit on, and recycling and return
of, containers; providing effective dates.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Irvine-
HB 11-A bill to be entitled An act relating to medical practice; creating
the "Women's Informed Choices Act" and providing legislative findings
and purpose; providing definitions; creating s. 458.326, F.S.; requiring
specified voluntary and informed consent and itemizing the required
information and specifying the manner in which such information is to be
provided; requiring a written consent form containing such information;
creating s. 458.328, F.S.; providing prohibited acts and civil malpractice
remedies; providing for severability; providing for construction; providing
an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

HB 13-Withdrawn

By Representatives Jennings, Banjanin, Rush, K. Smith and King-
HB 15-A bill to be entitled An act relating to crimes against the
elderly; creating s. 775.0847, F.S.; providing increased penalties for offenses
committed against persons who are 65 years of age or older in certain
circumstances; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Hawkins, Healey and Hanson-
HJR 17- A joint resolution proposing an amendment to Section 5 of
Article II of the State Constitution relating to compensation of county
commissioners.
Referred to the Committees on Community Affairs and Appropriations.

By Representatives Bloom, Frankel, Mackenzie, Guber, Flagg, Graber,
K. Smith, Hoffmann, Thomas, Sanderson, Foley, Wise, Webster,
Jennings, Graham, Langton, Grindle, Mishkin, Mims, Chestnut, Viscusi
and Press-
HB 19-A bill to be entitled An act relating to the Florida Clean Indoor
Air Act; amending s. 386.201, F.S.; revising a reference; amending s.
386.202, F.S.; providing additional legislative intent; amending s. 386.203,
F.S.; modifying definitions; amending s. 386.204, F.S.; modifying the
prohibition against smoking in a public place; amending s. 386.205, F.S.;
providing additional places that may not be designated as smoking areas;
modifying requirements for designating a patient's room as a smoking area;

16 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

eliminating exceptions to the square footage limitation for smoking areas
in certain public places; amending s. 386.206, F.S.; modifying authorization
for certain discretionary signs; amending s. 386.208, F.S.; providing
jurisdiction of county courts for purposes of the act; amending s. 386.209,
F.S.; revising a reference; creating s. 386.211, F.S.; requiring public
announcements in certain public transportation terminals that smoking is
allowed only in designated areas; providing an effective date.
Referred to the Committee on Health Care.

By Representative Liberti-
HB 21-A bill to be entitled An act relating to offenses by public
officers; providing elements of the crime of official misconduct; providing
definitions; prohibiting public servants from engaging in specified actions
with respect to official records and documents; prohibiting public servants
from interfering with certain communications relating to criminal
violations; prohibiting public officers from refraining from performing
certain duties; providing penalties; repealing s. 839.25, F.S., relating to
official misconduct; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Cosgrove, Healey and Rush-
HJR 23-A joint resolution proposing amendments to Sections 10 and
11 of Article V of the State Constitution relating to the selection of judges.
Referred to the Committee on Judiciary.

By Representatives Viscusi, Arnall, K. Smith, Gordon, Daryl Jones,
Tobiassen, Stafford, Simone, Wise, Mishkin, Healey, Holland, Starks,
Chinoy, Press, Bloom, Lawson, Albright, Logan, Chestnut, Graber and
Rayson-
HB 25-A bill to be entitled An act relating to hazardous waste;
amending s. 403.7222, F.S.; deleting an exception to the prohibition against
disposal of hazardous waste through an injection well; providing penalties;
providing an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representatives Guber, Hawkins, Frankel, Lippman, C. F. Jones,
Clark, Silver, Tobin, Bloom, Tobiassen, Trammell, Rush, Hanson,
Cosgrove, Chinoy, Burke, Logan, Chestnut, Lewis, Geller, Sanderson,
Reddick, Sansom and Mishkin-
HB 27-A bill to be entitled An act relating to road designations;
designating a portion of U.S. Highway 27 as the "Elaine Gordon Highway";
directing the Department of Transportation to erect suitable markers;
providing an effective date.
Referred to the Committee on Transportation.

By Representatives Sindler, Clemons, K. Smith, Hawkes, Chinoy, Corr
and Hanson-
HB 29-A bill to be entitled An act relating to state lotteries; amending
s. 24.121, F.S.; revising provisions relating to the allocation of revenues and
expenditure of funds in the Educational Enhancement Trust Fund;
providing an effective date.
Referred to the Committees on Public Schools, Finance & Taxation and
Appropriations.

By Representatives Mortham and Viscusi--
HB 31-A bill to be entitled An act relating to personnel of the school
system; creating s. 231.66, F.S.; providing tuition-free courses for
instructional personnel and teacher aides at area vocational-technical
centers, community colleges, and state universities; providing an effective
date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Mortham--
HB 33-A bill to be entitled An act relating to education; amending s.
232.26, F.S.; providing for the suspension of pupils charged with certain
delinquent acts; specifying the length of suspensions of pupils charged with
a felony or delinquent act; providing for the delivery of educational
services; providing an effective date.

Referred to the Committees on Public Schools and Appropriations.

HB 35-Withdrawn

By Representative Figg-
HB 37-A bill to be entitled An act relating to personnel of the school
system; creating s. 231.3605, F.S.; providing for employment of educational
support employees; providing definitions; providing for probationary
status and continued employment; providing for suspension of an
employee and for a notice and appeals process; providing for review and
repeal; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representatives Simone, Gordon, King and Bloom-
HB 39-A bill to be entitled An act relating to durable powers of
attorney; creating part II of chapter 709, F.S.; creating the Florida Durable
Powers of Attorney for Health Care Act; providing legislative findings and
intent; providing definitions; providing a procedure for creating a durable
power of attorney; providing for revocation; providing for designation of a
surrogate; providing for determining capacity; providing responsibilities of
a surrogate; providing for review of a surrogate's decisions; providing for
effect; providing for discipline of health care providers; amending s.
744.345, F.S.; specifying the content of letters of limited guardianship;
creating s. 744.3115, F.S.; providing court authority regarding durable
powers of attorney; repealing ss. 745.41, 745.42, 745.43, 745.44, 745.45,
745.46. 745.47, 745.48, 745.49, 745.50, 745.51, and 745.52, F.S., relating to
health care surrogates; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Bainter, McEwan, Kelly and Feeney-
HB 41-A bill to be entitled An act relating to insurance; amending s.
627.4143, F.S.; requiring the outline of coverage for private passenger
motor vehicle insurance to include information on coverage of collision
damage to rental vehicles; requiring such information to be included on
proof-of-insurance cards; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representatives Cosgrove and Rush-
HB 43-A bill to be entitled An act relating to commercial collection
agencies; creating ss. 559.541-559.5495, F.S., and designating said sections
as part IV of chapter 559, F.S.; creating the Commercial Collection
Practices Act; providing legislative intent; providing definitions; requiring
commercial collection agencies and employees to be registered by the
Department of Business Regulation; providing exemptions; providing
procedures and qualifications for registration; providing for fees; requiring
a surety bond; providing for evidence of bond; providing for void
registration; providing penalties; providing for rules; providing for future
review and repeal; providing an effective date.
Referred to the Committees on Regulatory Reform, Finance & Taxation
and Appropriations.

By Representatives Huenink, Foley, Pruitt, Simone, Safley, Arnall,
Hawkes and Sembler-
HJR 45-A joint resolution proposing an amendment to Section 6 of
Article VII and the creation of Section 20 of Article XII of the State
Constitution relating to ad valorem taxation.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representatives Banjanin, Arnall, Rudd, Holzendorf, Mitchell,
Irvine, Trammell, Wise and Langton-
HB 47-A bill to be entitled An act relating to the Alabama-
Mississippi-Louisiana Rapid Rail Transit Compact; authorizing the State
of Florida to join a compact between the states of Alabama, Mississippi,
and Louisiana for the purpose of studying the feasibility of rapid rail
transit service between the states; authorizing the Governor to join the
compact; providing for a joint interstate commission for such purpose;
providing an effective date.
Referred to the Committees on Transportation and Appropriations.

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 17

By Representatives Guber, Sanderson, K. Smith, Pruitt and Chestnut-
HB 49-A bill to be entitled An act relating to insurance; amending s.
627.6515, F.S.; requiring a group health insurance policy issued outside the
state to provide coverage for mammograms to Florida residents covered
under the policy; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representatives C. Smith and Mortham-
HB 51-A bill to be entitled An act relating to ad valorem tax
exemptions; amending s. 196.101, F.S., which provides an exemption for
totally and permanently disabled persons; authorizing osteopathic
physicians, chiropractic physicians, and podiatrists to certify total and
permanent disability for such purpose; providing an effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Logan-
HB 53-A bill to be entitled An act relating to voter registration;
providing for the acceptance of voter registration applications by the
Department of Highway Safety and Motor Vehicles in conjunction with the
issuance or renewal of drivers' licenses or identification cards; providing an
exception; providing for the designation of employees to be utilized;
providing for forms; providing an effective date.
Referred to the Committees on Ethics & Elections and Appropriations.

By Representative Laurent-
HB 55-A bill to be entitled An act relating to the district school
system; creating s. 230.101, F.S.; providing procedures for increasing the
number of school board members; providing contents of a proposition
submitted to the electors; providing manner of submitting a proposition;
providing requirements for petitions; providing wording of various
propositions; providing for application and implementation; providing an
effective date.
Referred to the Committees on Ethics & Elections and Appropriations.

By Representatives Pruitt, C. F. Jones and Bronson-
HB 57-A bill to be entitled An act relating to motor vehicle license
plates; creating s. 320.08068, F.S.; providing for a Florida education
specialty license plate; providing fees; providing for the distribution of fees;
providing an effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representatives Hawkes, Banjanin, Press, Chestnut and Albright-
HM 59-A memorial to the Congress of the United States urging
Congress to take appropriate action to rectify an inequity caused by the
Social Security Act.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representatives Hanson and Sanderson--
HJR 61-A joint resolution proposing the creation of Section 19 of
Article VII of the State Constitution relating to exemptions from state
taxes and fees.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representatives Arnall and Hanson--
HB 63-A bill to be entitled An act relating to transfers of real property;
prohibiting certain misrepresentations regarding environmental permits;
providing a penalty; providing an effective date.
Referred to the Committee on Regulatory Reform.

By Representatives Goode and Hanson-
HB 65-A bill to be entitled An act relating to handicapped parking;
amending s. 316.1964, F.S.; providing that current provisions of law
exempting certain vehicles from payment of parking fees and penalties
apply to public airport parking facilities, whether operated by the airport
or by a contracting entity; providing an effective date.
Referred to the Committees on Veterans & Military Affairs &
Emergency Preparedness, Finance & Taxation and Appropriations.

By Representatives Guber, Press, Figg, Ostrau, Hanson, Reddick,
Wallace, Chestnut, Roberts, Brennan, Rayson and Bainter-
HB 67-A bill to be entitled An act relating to beverage containers;
providing definitions; requiring a specified refund value for beverage
containers; providing duties of dealers, distributors, and vending machine
operators; providing for reimbursement of dealers and redemption
services; requiring that the refund value be stated on such containers;
specifying conditions under which dealers, distributors, and manufacturers
may refuse to accept beverage containers; requiring manufacturers and
distributors to pay a portion of unreturned deposits to the state;
authorizing the Department of Agriculture and Consumer Services and the
Division of Alcoholic Beverages and Tobacco to impose fines for violation
and providing for disposition thereof; providing an effective date.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representatives Healey, Davis and Press-
HB 69-A bill to be entitled An act relating to community
redevelopment agencies; amending s. 163.340, F.S.; excluding juvenile
welfare boards and health care and hospital districts from the requirement
that they pay tax increments to redevelopment trust funds for use by
community redevelopment agencies; providing an exception for certain
health care or hospital districts; providing an effective date.
Referred to the Committees on Tourism, Hospitality & Economic
Development, Finance & Taxation and Appropriations.

By Representative Geller-
HB 71-A bill to be entitled An act for the relief of James McWilliams,
providing an appropriation to compensate him for injuries suffered as a
result of the negligence of the Division of Florida Highway Patrol of the
Department of Highway Safety and Motor Vehicles; providing an effective
date.
Referred to the Committee on Claims.

By Representatives Laurent, Corr, Pruitt, Mims and Hawkes-
HB 73-A bill to be entitled An act relating to state business; creating
s. 286.27, F.S.; prohibiting the expenditure of state funds for holiday
greeting cards; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representatives Mortham, Lippman, Langton, Holland, Sansom,
Silver, Huenink, Gordon, Mackenzie, Simone, Safley, Dennis Jones, Tobin,
Lewis, Lombard, Mackey, Thomas, Arnall, Sanderson, Banjanin, Burke,
Jamerson, Hafner, Frankel, Diaz-Balart, Bloom, Hill, Goode, K. Smith,
C. Smith, Long, Laurent, Foley, Clemons, Rojas, Ritchie, Wallace,
Brennan, Corr, Bainter, Feeney, Jennings, Press, Hanson, Cosgrove and
Chestnut-
HB 75-A bill to be entitled An act relating to taxation; creating s.
213.015, F.S.; providing requirements with respect to the rights,
safeguards, and protections afforded taxpayers during tax assessment,
collection, and enforcement processes; creating s. 213.018, F.S.; providing
for a taxpayer problem resolution program; providing for a taxpayers'
rights advocate with authority to issue taxpayer assistance orders;
amending s. 213.21, F.S.; providing a taxpayer's right to have
representation and record informal conferences; creating s. 213.025, F.S.;
requiring the Department of Revenue to conduct its audits, inspections,
and interviews at reasonable times and places, with exceptions; amending

18 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

s. 213.34, F.S.; directing the department to offset overpayments against
deficiencies; creating s. 213.731, F.S.; requiring notice before collection
action is taken; providing a taxpayer's right to protest and seek a review;
creating s. 213.732, F.S.; providing procedural requirements, taxpayers'
rights, and venue for certain legal actions with respect to jeopardy findings
and assessments; creating s. 213.733, F.S.; providing for cancellation,
amendment, or modification of warrants; amending ss. 199.262, 206.075,
211.125, 211.33, 212.14, 212.15, 220.719, and 220.815, F.S.; specifying
procedures applicable if jeopardy to the revenue exists and is asserted in
or with an assessment; repealing s. 220.719(4), F.S., relating to taxpayer
protest regarding a jeopardy assessment lien; amending s. 20.21, F.S.;
creating within the department the position of taxpayers' rights advocate
and providing his responsibilities; amending s. 72.011, F.S.; prohibiting
certain legal actions when an action has been initiated under s. 120.575,
F.S.; amending s. 95.091, F.S.; requiring the department to commence an
audit within a specified period of time after it issues a notice of intent to
conduct an audit; amending s. 120.575, F.S.; providing procedures and
requirements applicable when a taxpayer contests specified taxes, interest,
penalties, or denials of refund; providing requirements relating to
petitions, hearings, and orders; providing venue; providing powers of
hearing officers and panels; providing for liens; providing for recovery of
legal costs, including attorney's fees; amending s. 120.65, F.S.; requiring
that hearing officers be administrative law judges; providing for a uniform
rate of pay; requiring the Taxation and Budget Reform Commission to
make certain recommendations to the Legislature; providing an
appropriation; providing an effective date.
Referred to the Committees on Governmental Operations, Finance &
Taxation and Appropriations.

By Representative Graber-
HB 77-A bill to be entitled An act relating to motor vehicles; amending
s. 320.04, F.S.; providing for a service charge on registration renewal
applications made through an automated touch-tone vehicle registration
service; amending s. 320.07, F.S.; increasing delinquent fees for motor
vehicle registrations; creating s. 320.0701, F.S.; providing for failure to
register a vehicle; providing delinquent fees; providing for the
immobilization of unregistered vehicles; providing for notice of violation;
providing penalties; providing an appropriation; repealing s. 207.029, F.S.;
relating to proof of liability insurance; amending s. 320.27, F.S.; redefining
the term "motor vehicle dealer" to exclude governmental leasing
corporations; defining the term "governmental leasing corporation";
providing an effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representatives Cosgrove and Sindler-
HB 79-A bill to be entitled An act relating to law enforcement officers;
amending ss. 112.531, 112.532, 112.533, and 112.534, F.S.; including deputy
sheriffs under provisions of law relating to the rights of law enforcement
and correctional officers; exempting sheriffs and deputy sheriffs from
provisions relating to complaint review boards; reenacting s. 316.2935(4),
F.S., relating to air pollution control equipment, to incorporate the
amendment to s. 112.531, F.S., in a reference thereto; clarifying the
applicability of the act; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Cosgrove-
HB 81-A bill to be entitled An act relating to the municipal clerks;
creating s. 119.033, F.S.; creating the Municipal Clerk's Capital Equipment
Modernization Trust Fund; creating a surcharge on the recording of
documents in the official records of the county; providing for the collection
and distribution of surcharge revenues; providing an effective date.
Referred to the Committees on Judiciary, Finance & Taxation and
Appropriations.

By Representative Cosgrove-

HB 83-A bill to be entitled An act relating to local government
comprehensive plans; amending s. 163.3177, F.S.; providing that an

educational facilities element and a public safety element shall be required
elements of such plans; amending s. 235.193, F.S., to conform; providing
an effective date.
Referred to the Committees on Community Affairs and Appropriations.

HB 85-Withdrawn

HB 87-Withdrawn

By Representative Geller--
HB 89-A bill to be entitled An act for the relief of James Wortham,
a minor; providing an appropriation to compensate him for injuries
suffered due to the negligence of the Department of Health and
Rehabilitative Services; providing an effective date.
Referred to the Committee on Claims.

By Representative Muscarella-
HB 91-A bill to be entitled An act for the relief of the City of
Clearwater and Pinellas County; providing an appropriation to serve as
restitution for damages caused by Michael W. Kenton, a former employee
of the City of Clearwater, who was found to have violated the Code of
Ethics; providing for contingencies; providing for reimbursement to the
state; providing an effective date.
Referred to the Committees on Claims and Appropriations.

By Representative Pruitt-
HB 93-A bill to be entitled An act relating to prison industries;
amending s. 946.006, F.S.; authorizing the Department of Corrections to
contract with private industries to provide in-prison inmate work
programs; requiring the department to present to the Legislature a plan for
implementation; providing an effective date.
Referred to the Committees on Corrections and Appropriations.

HB 95-Withdrawn

By Representatives Hanson, Simone, Sembler, Sanderson, Flagg,
Bronson, Foley, Sansom, Clark, Mortham, Healey, Chestnut, Chinoy and
Mackenzie-
HB 97-A bill to be entitled An act relating to stalking; creating s.
775.0853, F.S.; creating the offense of stalking and providing definitions
and criminal penalties; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

HB 99-Withdrawn

By Representative Muscarella-
HB 101-A bill to be entitled An act relating to coastal zone protection;
amending s. 161.54, F.S.; redefining the term "substantial improvement"
for the purposes of requirements relating to construction under the Coastal
Zone Protection Act of 1985; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Ritchie--
HB 103-A bill to be entitled An act relating to durable powers of
attorney; amending s. 709.08, F.S.; providing for notification of the
execution of a durable power of attorney in certain situations; providing
an effective date.
Referred to the Committee on Judiciary.

By Representative Ostrau--
HB 105-A bill to be entitled An act relating to firefighters; amending
s. 112.191, F.S.; redefining the term "firefighter" to include volunteer
firefighters; providing for the payment of benefits from the Insurance
Commissioner's Regulatory Trust Fund to the beneficiaries of volunteer
firefighters; providing an effective date.

Referred to the Committees on Employee & Management Relations,
Finance & Taxation and Appropriations.

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 19

By Representative Wise-
HB 107-A bill to be entitled An act relating to water and sewer
systems; amending s. 367.171, F.S.; adding Duval County to the list of
counties excluded from the provisions of chapter 367, F.S.; providing a
definition of "utility"; directing the City Council of the City of Jacksonville
to establish, by ordinance, a board or commission to regulate water and/or
sewer utilities as to authority, service, and rates in Duval County on or
before January 1, 1993; conferring exclusive jurisdiction on such board or
commission over the water and/or sewer utilities' authority, service, and
rates within Duval County; authorizing such board or commission to
exercise all necessary powers for the complete exercise of its jurisdiction;
providing an effective date.
Referred to the Committees on Community Affairs, Regulated Services
& Technology and Appropriations.

By Representative Wise-
HB 109-A bill to be entitled An act relating to the Florida Retirement
System; amending s. 121.021, F.S.; redefining the term "normal retirement
date"; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Pruitt-
HB 111-A bill to be entitled An act relating to communicable diseases;
establishing a program to protect the public health from the transmission
of certain communicable diseases by health care practitioners performing
invasive medical or dental procedures; specifying duties of the Department
of Health and Rehabilitative Services; providing for testing of health care
practitioners; prohibiting infected practitioners from performing such
procedures without the patient's written consent; requiring certain
accommodation by employers of infected practitioners; authorizing
practitioners to test patients for communicable diseases without their
permission, under specified conditions; providing for confidentiality;
amending s. 381.004, F.S.; providing an exception from informed consent
requirements for HIV testing; providing an effective date.
Referred to the Committees on Health Care and Appropriations.

By Representatives K. Smith and Hawkes-
HB 113-A bill to be entitled An act relating to jurors and grand jurors;
amending s. 40.013, F.S.; providing that a person may not be excused from
service on a jury solely because of deafness or hearing impairment;
amending s. 90.6063, F.S.; requiring appointment of an interpreter to assist
deaf jurors or grand jurors; amending s. 905.17, F.S.; authorizing
interpreters to be present at grand jury deliberation or voting; amending
s. 905.24, F.S.; prohibiting interpreters from disclosing grand jury
proceedings; amending s. 913.03, F.S.; providing that deafness or hearing
impairment is not a ground for challenging a juror; providing an effective
date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Stafford, Chinoy, Viscusi, Hargrett, Kelly, Davis,
C. Smith, Valdes, Jennings, Mortham, Mackenzie, Sembler, Mishkin,
Graber, Sindler, Reaves, Silver, Healey, Mitchell, Saunders, Wallace,
Mims, Mackey, Geller, Boyd, Rayson, K. Smith, Clemons, Tobin, Rudd,
Chestnut and Hawkes-
HB 115-A bill to be entitled An act relating to crimes against the
elderly; amending s. 784.08, F.S.; providing that enhanced penalties apply
for certain crimes against elderly persons regardless of whether the person
charged with the crime has knowledge of the age of the victim; providing
an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Guber--
HJR 117- A joint resolution proposing an amendment to Section 10
of Article V of the State Constitution relating to circuit courts and judges
of circuit courts and judges of county courts.

Referred to the Committees on Judiciary and Appropriations.

By Representatives Trammell and Mitchell-
HB 119-A bill to be entitled An act relating to public libraries;
amending ss. 257.14 and 257.15, F.S.; providing that rules and standards
of the Division of Library and Information Services shall accommodate
smaller counties in the state; providing an effective date.
Referred to the Committees on Tourism, Hospitality & Economic
Development and Appropriations.

By Representative Laurent-
HJR 121-A joint resolution proposing an amendment to Section 5 of
Article IV and the creation of Section 20 of Article XII of the State
Constitution relating to terms of Cabinet members.
Referred to the Committees on Ethics & Elections and Appropriations.

By Representatives Hill and Bainter-
HB 123-A bill to be entitled An act relating to health insurance;
creating the "Small Employer Health Care Access Act"; providing
definitions; providing for the scope of the act; providing underwriting and
rating requirements; providing for small employer carrier election;
providing for section 6 carrier election process; providing for a small
employer carrier reinsurance program; providing for a small insurer carrier
committee; repealing s. 627.4106, F.S.; relating to small group health
insurance; providing an effective date.
Referred to the Committees on Insurance, Finance & Taxation and
Appropriations.

By Representatives Bloom and Diaz-Balart-
HB 125-A bill to be entitled An act relating to motor vehicle license
plates; amending s. 320.06, F.S.; revising language with respect to
registration license plates to remove reference to the word "lease" on the
bottom of the plate; providing an effective date.
Referred to the Committee on Transportation.

By Representative Holzendorf-
HB 127-A bill to be entitled An act relating to law enforcement
officers; creating s. 112.1905, F.S.; providing that law enforcement officers
who suffer certain conditions or impairments of health shall be treated in
a manner similar to firemen with respect to special provisions relative to
disability; increasing the retirement contribution rate for funding;
declaring an important state interest; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representatives Long, Sansom, Bainter and Harden-
HM 129-A memorial to the Congress of the United States, urging
Congress to propose an amendment to the Constitution of the United
States relating to the physical desecration of the American Flag.
Referred to the Committee on Judiciary.

By Representatives Bainter, Hill, Lombard, Pruitt, Thomas and
Hanson-
HB 131-A bill to be entitled An act relating to families; creating the
Family Development Act; providing legislative findings; providing
definitions; creating a family development initiative program for recipients
of aid to families with dependent children (AFDC), under the Department
of Health and Rehabilitative Services; providing for participation;
providing for reduction or termination of AFDC benefits for failure to
participate; requiring a family plan for program services, including
education, job training and placement, and supportive services; providing
responsibilities of the Department of Commerce, Department of Labor and
Employment Security, and Department of Education; providing for needs
assessment and special services; establishing district program offices;
providing for service delivery and for the use of private sector resources;

20 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

establishing district planning councils; requiring program participation as
a condition for receipt of public assistance; providing for reduction or
termination of public assistance for failure to participate; providing for
continuation of Medicaid coverage for AFDC recipients for a period
following employment; requiring reports and recommendations; providing
rulemaking authority; directing the Department of Health and
Rehabilitative Services to revise schedules for certain AFDC benefits to
encourage marriage and family stability, and discourage the birth of
additional children, among recipients; providing an appropriation;
providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representatives Geller and Tobin-
HB 133-A bill to be entitled An act relating to unemployment
compensation; amending s. 443.101, F.S., relating to disqualification for
benefits; providing an exception from disqualification for unemployment
compensation benefits with respect to benefits received from a retirement,
pension, or annuity program under the Social Security Act; providing an
effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Langton-
HJR 135-A joint resolution proposing an amendment to Section 15 of
Article X of the State Constitution relating to state-operated lotteries.
Referred to the Committees on Public Schools, Finance & Taxation and
Appropriations.

HB 137-Withdrawn

By Representatives Corr and Hawkes-
HB 139-A bill to be entitled An act relating to death sentence
proceedings; amending ss. 921.141 and 921.142, F.S.; adding as an
aggravating circumstance that the victim was a minor in the care, custody,
or control of the defendant; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Guber and Viscusi-
HB 141-A bill to be entitled An act relating to clean indoor air;
amending s. 386.203, F.S.; modifying definitions; amending s. 386.204, F.S.;
modifying prohibition against smoking in a public place; amending s.
386.205, F.S.; providing additional places that may not be designated as
smoking areas; modifying requirements for designating a patient's room as
a smoking area; eliminating exceptions to the square footage limitation for
smoking areas in certain public places; providing for smoking areas in
facilities having common areas under certain circumstances; amending s.
386.206, F.S.; modifying authorization for certain discretionary signs;
creating s. 386.211, F.S.; making it unlawful to interfere with a person who
reports certain violations; providing for enforcement; creating s. 386.212,
F.S.; requiring public announcements in certain public transportation
terminals that smoking is allowed only in designated areas; providing an
effective date.
Referred to the Committees on Health Care and Appropriations.

By Representative Corr-
HB 143-A bill to be entitled An act relating to construction
contractors; amending s. 255.05, F.S.; providing a revised time period for
the filing of a notice to proceed against a bond with respect to rental
equipment used at a public building construction site; providing an
effective date.

Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives Hill and Sansom-
HB 145-A bill to be entitled An act relating to sexual battery;
amending s. 794.011, F.S.; providing a definition and providing technical
changes; deleting an evidentiary provision and incorporating into the
sexual battery section the substance of s. 794.041, F.S., relating to the
offense of sexual activity with a child by or at solicitation of a person in
familial or custodial authority and deleting an age minimum for the
solicitation offense; repealing s. 794.041, F.S.; reenacting and amending ss.
39.001(3)(b), 39.076(3) and (5)(a), 39.4105(5), 110.1127(3)(a)1. and
(3)(b)l.a., 242.335(3)(a)1., 393.0655(1) and (3)(a)1., 394.457(6)(a) and
(6)(c)1.a., 396.0425(1) and (3)(a)1., 397.0715(1) and (3)(a)1., 402.305(2)(a)
and (2)(c)1.a., and 409.175(4)(a)6. and (4)(a)8.a.(I), F.S., relating to
juvenile program personnel screening, grandparental visitation, employee
security checks, and personnel screening for the Florida School for the Deaf
and the Blind, developmental disabilities caretakers, mental health and
substance abuse treatment personnel, and child care and family foster
home personnel, to incorporate the amendments to ss. 794.011 and 794.041,
F.S., in references thereto, and to conform to said amendments; reenacting
ss. 775.15(7), 794.023(2), 812.172(2), 903.133, 914.16, 944.033(3),
945.091(3), 946.40(4), 951.24(2)(c), and 958.09(2), F.S., relating to time
limitations, sexual battery by multiple perpetrators, convenience store
security, bail on appeal, sexual abuse victims under age 16, community
correctional centers, use of prisoners in public works, and extensions of
limits of confinement for inmates, to incorporate the amendment to s.
794.011, F.S., in references thereto; amending s. 794.022, F.S., to
incorporate and conform to the amendments to ss. 794.011 and 794.041,
F.S.; adding an evidentiary provision, and reenacting s. 90.404(1)(b)1., F.S.,
relating to character evidence, to incorporate said amendment in a
reference thereto; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Foley-
HB 147-A bill to be entitled An act relating to the tourist development
tax; amending s. 125.0104, F.S.; allowing revenues from the tax to be used
for certain museums by any county that imposes the tax; providing for
expiration of the tax upon the retirement of bonds issued to finance such
museums; providing an effective date.
Referred to the Committees on Tourism, Hospitality & Economic
Development, Finance & Taxation and Appropriations.

HB 149-Withdrawn

By Representatives Kelly and Goode-
HB 151-A bill to be entitled An act relating to inmate release;
amending s. 944.605, F.S.; providing for notification of release of an inmate
at least 6 months prior to release; providing for the duty of the Department
of Corrections with respect to notification concerning certain offenders;
providing for notification to newspapers of general circulation and radio
and television stations; providing an effective date.
Referred to the Committees on Corrections and Appropriations.

By Representative Tobiassen-
HB 153-A bill to be entitled An act relating to law enforcement and
correctional officers; providing for witness fees for such officers under
certain circumstances; providing for the application of the act; providing
an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Tobiassen and Feeney-
HB 155-A bill to be entitled An act relating to the Florida Retirement
System; amending s. 121.021, F.S.; redefining the terms "military service"
and "normal retirement date"; eliminating the term "continuous service";
amending s. 121.111, F.S.; providing that creditable service shall include
military service on active duty in the Armed Forces of the United States;
providing an effective date.

Referred to the Committees on Employee & Management Relations and
Appropriations.

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 21

By Representatives Hill and Arnall-
HB 157-A bill to be entitled An act relating to fraudulent practices;
creating s. 817.015, F.S.; providing criminal penalties for fraudulent use of
social security number to obtain a state benefit; providing a definition;
providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Mims, Jennings and Mortham-
HB 159-A bill to be entitled An act relating to criminal history
records; amending s. 943.058, F.S.; revising procedures for sealing or
expunging criminal history records; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Hill-
HB 161-A bill to be entitled An act relating to professional regulation;
amending s. 455.225, F.S.; revising the membership of the probable cause
panels of regulatory boards; providing an effective date.
Referred to the Committee on Regulatory Reform.

By Representatives Hill and Pruitt-
HB 163-A bill to be entitled An act relating to child support
enforcement; amending s. 61.14, F.S.; providing that certain
noncompliance with an order compelling child support shall be deemed
prima facie evidence of contempt of court; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

HB 165-Withdrawn

By Representatives Sansom, Chestnut, Banjanin, Guber and Wise-
HB 167-A bill to be entitled An act relating to education; providing
for a network of "lighthouse schools" to improve competencies of certain
high school graduates; providing purpose and definitions; specifying
minimum requirements for such schools; requiring a state plan and
providing for contents and implementation thereof; providing an effective
date.
Referred to the Committees on Vocational/Technical Education and
Appropriations.

By Representatives Kelly and C. Smith-
HB 169-A bill to be entitled An act relating to educational facilities;
amending s. 235.196, F.S.; requiring the Office of Educational Facilities
through an independent appraiser to determine the value of existing sites
for purposes of developing community educational facilities; providing an
effective date.
Referred to the Committees on Postsecondary Education and
Appropriations.

By Representatives Chinoy and Rush-
HB 171-A bill to be entitled An act relating to child custody;
amending s. 61.13, F.S.; including additional criteria to be considered in the
best interests of the child with respect to shared parental responsibility
and primary residence; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Langton-
HB 173-A bill to be entitled An act relating to death sentence
proceedings; amending s. 921.141, F.S.; adding as an aggravating
circumstance that the victim was a minor under 12 years of age; providing
an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

HB 175-SF-Withdrawn

By Representatives C. Smith, Stafford, Sansom and Young-
HB 177-A bill to be entitled An act relating to ad valorem taxation;
amending s. 193.011, F.S.; providing that the just valuation of property
shall be reduced when specified restrictions apply thereto; providing an
effective date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representative Geller-
HB 179-A bill to be entitled An act relating to Medicare beneficiaries;
specifying the physician's option to choose whether to treat a Medicare
beneficiary; requiring acceptance of Medicare assignment for certain
emergency medical conditions; requiring acceptance of assignment for a
beneficiary referred for treatment by a primary physician who accepts
assignment for that beneficiary; restricting the amount of payment a
physician who accepts such referral may attempt to collect from the
beneficiary; providing an effective date.
Referred to the Committees on Health Care and Appropriations.

By Representatives McEwan, C. Smith, Lawson, Kelly, Huenink, Irvine,
Muscarella, Bainter, Feeney, Stone, Sindler, Sembler and Harris-
HB 181-A bill to be entitled An act relating to ad valorem taxation;
amending s. 193.461, F.S.; providing for classification and assessment of
high water recharge lands; providing procedures and requirements;
providing for appeals to the value adjustment board; specifying the factors
applicable to such classification; providing for determination of assessment
of such land; amending ss. 193.052, 194.011, 194.032, 194.037, 195.073, and
195.096, F.S., relating to filing of returns, procedures of the value
adjustment boards, and classification of real property, to conform;
providing an effective date.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representatives McEwan, Kelly, Muscarella, Stone, Martinez,
Irvine, Trammell and Hoffmann-
HB 183-A bill to be entitled An act relating to arbitration; amending
s. 44.103, F.S.; providing for the compensation of certain arbitrators;
providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives McEwan, Thomas, Kelly, Muscarella, Stone and
Hoffmann-
HB 185-A bill to be entitled An act relating to insurance; amending
s. 627.4147, F.S.; requiring medical malpractice insurers to provide reasons
for any rejection, cancellation, or nonrenewal; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representatives Hafner, Bloom, Ritchie and Kelly-
HB 187-A bill to be entitled An act relating to health insurance
subsidies; creating ss. 175.401 and 185.50, F.S.; providing for retiree health
insurance subsidies for firefighters and police officers; providing a
declaration of home rule authority; providing purpose; authorizing
establishment and termination of health insurance subsidy trust funds by
ordinance; providing for funding through premium tax moneys, employee
contributions, and municipal contributions; providing eligibility; providing
for establishment of subsidy amount; providing for payment; providing for
investment and deposit of trust funds; providing for refund of
contributions; providing for administration, actuarial valuations, and
annual audits; providing for promulgation of rules and payment of
administrative costs; protecting subsidy payments from assignment,
execution, or attachment; providing that such subsidies shall be in addition
to other benefits; requiring compliance and providing that premium tax
funds may be withheld for noncompliance; providing an effective date.

Referred to the Committees on Employee & Management Relations,
Finance & Taxation and Appropriations.

22 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

By Representatives Hafner, Bloom, Mortham, Chinoy, Foley and
Chestnut-
HB 189-A bill to be entitled An act relating to postsecondary
education; amending s. 240.4075, F.S.; providing that funds in the Nursing
Student Loan Forgiveness Trust Fund shall be available for use in the
nursing scholarship loan program; creating s. 240.4076, F.S.; establishing
the nursing scholarship loan program within the Department of Health and
Rehabilitative Services; providing for eligibility, amount of awards,
repayment of loans, default allowances, and default penalties; providing for
rules; providing for funding; providing an appropriation; providing an
effective date.
Referred to the Committees on Health Care and Appropriations.

By Representatives C. Smith and McEwan-
HB 191-A bill to be entitled An act relating to the Florida Litter Law;
amending s. 403.413, F.S.; revising definitions; prohibiting as unlawful
dumping of litter the delivery to or placement upon vacant premises of
commercial advertisements under certain circumstances, and providing
that both the person by whom and the person on behalf of whom such
dumping occurs are subject to penalties; providing that abutting neighbors
are injured parties for purposes of damages; providing effective dates.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Viscusi-
HB 193-A bill to be entitled An act relating to professional sports
franchises; amending s. 288.1162, F.S.; eliminating certain requirements
for applicants as a "new spring training franchise facility"; providing an
effective date.
Referred to the Committees on Tourism, Hospitality & Economic
Development, Finance & Taxation and Appropriations.

By Representative Hanson-
HB 195-A bill to be entitled An act relating to the Legislative Auditing
Committee; amending s. 11.40, F.S.; increasing the number of members on
the committee; providing for the appointment of additional members;
providing an effective date.
Referred to the Committees on House Administration and
Appropriations.

HB 197-Withdrawn

By Representative Foley-
HB 199-A bill to be entitled An act relating to road designation;
designating state highway A1A (North Ocean Boulevard) between Pelican
Lane and Sea Road in the town of Gulf Stream as a historic and scenic
highway; providing a definition; providing restrictions on the removal of
trees from said highway; restricting alterations to the physical dimensions
or location of the highway; providing for the erection of suitable markers;
providing an effective date.
Referred to the Committees on Transportation and Appropriations.

By Representative Geller--
HB 201-A bill to be entitled An act relating to unemployment
compensation; amending s. 443.101, F.S.; providing that a person is not
disqualified from receiving benefits when his unemployment results from
a lockout by his employer; defining "lockout" for purposes of the act;
providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Logan-
HB 203-A bill to be entitled An act relating to local occupational
license taxes; creating s. 205.0315, F.S.; providing requirements for new
occupational license tax ordinances adopted after October 1, 1993;
amending ss. 205.032 and 205.042, F.S.; revising the time for the

publication of notice by a county or municipality prior to adoption of such
taxes; amending ss. 205.033 and 205.043, F.S.; revising fees for transfer of
licenses; providing that provisions relating to distribution of county tax
revenues do not apply to certain counties; prohibiting adoption of an
ordinance by certain counties levying an additional tax for economic
development after January 1, 1994; specifying that revenues generated by
the county tax may be used for economic development purposes; creating
s. 205.045, F.S.; providing that a municipality may transfer to the county,
and a county may transfer to a municipality, administrative duties relating
to such taxes; amending s. 205.053, F.S.; revising the date for sale of licenses
and the due date thereof; providing for civil action and penalty for failure
to obtain a required license; providing for costs and attorneys' fees;
creating s. 205.0535, F.S.; authorizing counties and municipalities to
reclassify occupations and establish new rate structures; providing
requirements and limitations; providing requirements for subsequent rate
increases; creating s. 205.0536, F.S.; providing for the distribution of
county tax revenues for certain counties; creating s. 205.0537, F.S.;
providing requirements with respect to licensing of vending and
amusement machines; providing effective dates.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representatives K. Smith and Bainter-
HB 205-A bill to be entitled An act relating to state lands; amending
s. 253.783, F.S.; adding the Department of Agriculture and Consumer
Services to the advisory committee assisting in the development of a
management plan for former Cross Florida Barge Canal lands; providing
an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Burke--
HB 207-A bill to be entitled An act relating to driving vehicles or
operating vessels under the influence; amending ss. 316.193, 316.1934,
322.2615, 322.64, 327.35, and 327.354, F.S.; lowering the blood alcohol level
constituting an element of such offenses; revising provisions relating to
presumptions, testing, and license suspension to conform; reenacting ss.
25.387(3), 316.072(4)(b), 316.1932(3), 316.1933(4), 316.1937(1), 316.655(4),
316.656, 318.17(3), 322.03(2), 322.0602(2)(a), 322.12(2), 322.264(1)(b),
322.271(2)(a) and (c) and (4), 322.28(2) and (5)(a), 322.282(2)(a),
322.291(1)(a), 322.44(IV)(1)(a) and (b), 322.63(2)(d) and (6), 627.758(4),
790.06(2)(f) and (10)(f), 903.36(2), and 960.03(3), F.S., relating to certain
DUI assessments, obedience to traffic laws, access to information on tests
for impairment or intoxication, ignition interlock devices, penalties,
adjudication, noncriminal infractions, the Youthful Drunk Driver
Visitation Program, issuance, suspension, and revocation of drivers'
licenses, arrest bonds, concealed weapon permits, and crimes
compensation, to incorporate the amendment to s. 316.193, F.S., in
references thereto; reenacting ss. 327.351(1), 327.352(3), 327.3521(1) and
(2), and 327.353(4), F.S., relating to operation of a vessel while intoxicated,
access to information on tests for impairment or intoxication, and penalty
for failure to submit to a breath or urine test for impairment or
intoxication, to incorporate the amendment to s. 327.35, F.S., in references
thereto; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Graham, Bainter and Jennings-
HB 209-A bill to be entitled An act relating to ad valorem tax
exemptions; amending ss. 196.081 and 196.091, F.S.; revising procedures
for qualifying for the homestead exemptions for totally and permanently
disabled veterans and for disabled veterans confined to wheelchairs;
providing for granting the exemption to the veteran's widow under certain
conditions; providing an effective date.

Referred to the Committees on Veterans & Military Affairs &
Emergency Preparedness, Finance & Taxation and Appropriations.

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 23

By Representative Jamerson-
HB 211-A bill to be entitled An act relating to the Division of
Alcoholic Beverages and Tobacco; amending s. 561.07, F.S.; providing
powers and duties of employees; providing requirements and authority for
law enforcement officer employees, and reenacting s. 210.10(2), F.S.,
relating to general powers of the division, to incorporate said amendment
in a reference thereto; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Graham and Bainter-
HB 213-A bill to be entitled An act relating to negligence; creating s.
768.051, F.S.; requiring an attorney's certification that a claim has merit
as a prerequisite to filing an action for professional negligence against a
professional engineer, land surveyor, architect, or landscape architect;
providing exceptions; providing that failure to obtain a consultation and
file the certificate is grounds for dismissal of the action; providing an
effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Hargrett, Jennings, Clark, Liberti, Martinez, Figg,
Holzendorf, Gordon, Jamerson, Bloom, Rush, Glickman, Abrams,
Mitchell, Friedman, Wallace, Mishkin, Reaves, Press, Davis, Brennan,
Rayson, Clemons, Geller, Rojas, Frankel, Stafford, Diaz-Balart, Ireland,
Graber, Brown, Corr, Rudd, Morse, Chinoy, Cosgrove, Bainter and
Chestnut-
HB 215-A bill to be entitled An act relating to discretionary surtaxes
on documents; providing legislative findings and intent; providing
definitions; authorizing certain counties and eligible jurisdictions to levy
a discretionary surtax on certain documents to provide financial assistance
for financing eligible housing for eligible persons; providing for
establishment of a trust fund; providing for the administration, collection,
and distribution of the proceeds of the surtax; providing for application of
specified administrative and enforcement provisions of chapter 201, F.S.;
providing for notice to, and duties of, the Department of Revenue;
authorizing collection and administration on a local basis by counties;
requiring an annual report; providing for establishment and
administration of the housing assistance award program; providing for an
advisory council; providing eligibility requirements with respect to local
government comprehensive planning; specifying effect of the act;
amending s. 1, ch. 83-220, Laws of Florida; providing that a portion of the
revenues from the discretionary surtax on documents which may be levied
by certain charter counties may be deposited in a Home Investment Trust
Fund to fund local matching requirements; providing an effective date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representative Hawkins-
HB 217-A bill to be entitled An act relating to public officers and
employees; amending s. 112.313, F.S.; prohibiting county commissioners or
city council members from representing another person or entity for
compensation before the commission or council for a certain time period
following vacation of office; revising language with respect to certain
county or municipal ordinances regulating former officers or employees;
providing an effective date.
Referred to the Committee on Ethics & Elections.

By Representatives Mackey, King, Feeney, Kelly, Holland, Ritchie and
Viscusi--
HB 219-A bill to be entitled An act relating to taxes on sales, use, and
other transactions; repealing s. 212.05(1)(j), F.S., which provides for a tax
on charges for the use of coin-operated amusement machines; providing an
effective date.

Referred to the Committees on Tourism, Hospitality & Economic
Development, Finance & Taxation and Appropriations.

By Representatives Holland and Kelly-
HB 221-A bill to be entitled An act relating to the regulation of
vessels; prohibiting the operation of certain vessels upon the waters of the
state by certain persons without successful completion of a boating safety
course; providing a fee; directing the Department of Highway Safety and
Motor Vehicles to endorse driver's licenses or identification cards with a
code indicating successful completion of such a course; requiring certain
persons to be accompanied by an adult when operating certain vessels;
providing penalties; amending s. 327.54, F.S.; requiring liveries to comply
with education requirements; requiring liveries to display certain
information; providing penalties; creating the Boating Education and
Standards Advisory Council within the Department of Natural Resources;
providing for appointment of members; providing for powers and duties;
providing review and repeal; providing effective dates.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representatives Martinez, Hawkes and Sindler-
HB 223-A bill to be entitled An act relating to traffic control;
amending s. 316.640, F.S.; prohibiting state agencies from establishing
quotas for the issuance of traffic citations by law enforcement officers;
prohibiting state agencies from using traffic citation quotas to evaluate,
promote, compensate, or discipline law enforcement officers; providing an
effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Wise-
HB 225-A bill to be entitled An act relating to substance abuse
impairment; creating ss. 397.301, 397.305, 397.311, 397.321, 397.401,
397.403, 397.405, 397.407, 397.409, 397.411, 397.415, 397.419, 397.423,
397.427, 397.431, 397.441, 397.451, 397.461, 397.471, 397.501, 397.581,
397.601, 397.651, 397.655, 397.675, 397.677, 397.701, 397.705, 397.801,
397.811, 397.821, and 397.901, F.S.; creating the "Alcohol and Other Drug
Services Act of 1992"; providing legislative findings, intent, and purpose;
providing definitions; providing duties of the Department of Health and
Rehabilitative Services; providing licensure requirements and providing
criminal penalties and injunctive relief for violations; providing for rules
waivers for alternative services; providing for the issuance and renewal of
probationary, interim, and regular licenses for service providers and
licensable service components; authorizing the department to enter and
inspect premises and records; providing for denial, suspension, and
revocation of licenses and for other remedies, including an administrative
fine; requiring service providers to maintain quality assurance programs;
providing for confidentiality of client records and providing exceptions;
providing for review and repeal; providing for need determinations and
selection of medication treatment providers and injunctions against
unlawful operation; requiring the establishment of sliding scale fee
systems; providing immunity from civil and criminal liability; requiring
background checks of service provider personnel in direct contact with
unmarried minor clients, and providing certain exemptions and certain
disqualification from receiving state funds; providing criminal penalties for
unlawful activities relating to personnel; establishing service provider
facility standards; establishing the rights of clients, including the rights to
habeas corpus and to counsel; providing for voluntary admission for
substance abuse impairment services; forbidding local ordinances affecting
substance abuse impairment and providing a limited exception for
detention and treatment in secure facilities of habitual abusers; providing
for involuntary admissions for substance abuse services, including
protective custody, emergency admission, and other involuntary
admissions for purposes of assessment, stabilization, and treatment;
providing for involuntary admission hearings; requiring certain parental
participation; authorizing refusal under certain circumstances to admit
clients ordered to involuntary admission; providing criminal penalties for
unlawful activities relating to client assessment and treatment; providing
for the referral of substance abuse law offenders to service providers;
requiring coordination of substance abuse services delivery and
establishing the positions of statewide and departmental coordinators;

24 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

providing for specialized substance abuse services coordination for
juveniles, including prevention and early intervention councils and
emergency assessment and treatment services; authorizing substance
abuse impairment training and continuing education programs; reenacting
and amending ss. 39.01(64), 39.046(1), (2), and (5), 39.047(4)(b), 39.063,
90.503(1)(a), 231.1713, 393.0657, 394.4572, 401.445(3), 402.22(3), 402.24(1),
402.3057, 409.1757, 490.14(2)(a), 491.014(4)(a), 744.3215(4)(a),
766.101(1)(a), 790.06(2)(f) and (10)(e), 877.111(4), 893.15, 895.09(2)(a), (d),
and (e), 945.12(1) and (2), and 951.23(2)(b) and (e), F.S., relating to
juvenile justice, evidence, school personnel, developmental disability and
mental health personnel, medical transportation, health and rehabilitative
services, social assistance, psychological services, counseling services,
guardianship, medical review committees, weapons and firearms, chemical
substances, controlled substances, forfeiture proceedings, and state and
county prisoners, to conform; repealing chapter 396, F.S., relating to
alcoholism; repealing ss. 397.011, 397.021, 397.031, 397.041, 397.051,
397.0515,397.0516, 397.0517, 397.0518, 397.052, 397.0525, 397.053, 397.054,
397.055, 397.056, 397.057, 397.061, 397.071, 397.0715, 397.0716, 397.0719,
397.081, 397.082, 397.091, 397.092, 397.093, 397.094, 397.095, 397.0961,
397.098, 397.099, 397.10, 397.12, 397.13, 397.14, 397.15, 397.16, 397.17,
397.18, 397.19, 397.20, 397.21, 397.215, 397.216, 397.217, 397.218, and
397.22, relating to the treatment and rehabilitation of drug dependents;
providing an effective date.
Referred to the Committees on Health & Rehabilitative Services,
Finance & Taxation and Appropriations.

By Representative Press-
HB 227-A bill to be entitled An act relating to therapeutic services for
children; amending s. 39.001, F.S.; providing legislative intent that
specified therapeutic services be provided by the Department of Health
and Rehabilitative Services in coordination with the Department of
Education and local education agencies to meet the needs of children
adjudicated dependent or in need of services who are in the physical
custody of the department; amending s. 39.002, F.S.; providing legislative
intent that therapeutic services, including treatment for medical, mental,
and emotional conditions, alcohol and drug abuse problems, and
developmental disabilities, be provided to children adjudicated dependent
or in need of services who are in the physical custody of the department;
amending s. 39.403, F.S.; requiring preliminary screenings and
comprehensive assessments for specified therapeutic services to be
completed for children for whom a dependency petition is filed; amending
s. 39.407, F.S.; requiring the department to ensure that children
adjudicated dependent who are in the physical custody of the department
receive court-ordered specified therapeutic services; amending s. 39.408,
F.S.; requiring predisposition studies for hearings on dependency cases to
include a description of identified needs for specified therapeutic services
and recommendations for the most appropriate, least restrictive provision
of services for unmet needs; amending s. 39.424, F.S.; expanding services
for children in need of services to include specified therapeutic services;
amending s. 39.436, F.S.; requiring preliminary screenings and
comprehensive assessments for specified therapeutic services to be
completed for children for whom a child in need of services petition is filed;
amending s. 39.439, F.S.; requiring the department to ensure that children
adjudicated a child in need of services who are in the physical custody of
the department receive court-ordered specified therapeutic services;
amending s. 39.44, F.S.; requiring predisposition studies for hearings on
children in need of services cases to include a description of identified
needs for specified therapeutic services and recommendations for the most
appropriate, least restrictive provision of services for unmet needs, and
reenacting s. 39.01(21) and 39.442(4), F.S., relating to definitions and
powers of disposition, to incorporate said amendment in references
thereto; amending s. 39.451, F.S.; requiring a foster care performance
agreement to include a plan for necessary therapeutic services, and
reenacting s. 39.4105, F.S., introductory paragraph, relating to
grandparents rights, to incorporate said amendment in a reference thereto;
amending s. 39.452, F.S.; providing for therapeutic services to be included
in the permanent placement plan; amending s. 39.453, F.S.; requiring that
the social service agency report to the court regarding, and that judicial
review of performance agreements determine whether, specified

therapeutic treatment needs are being met in the most appropriate, least
restrictive environment; reenacting s. 39.41(1)(a), F.S., relating to
dependency dispositions, to incorporate the amendments to ss. 39.451 and
39.453, F.S., in references thereto; creating s. 393.0652, F.S.; providing that
children adjudicated dependent or in need of services who are in the
physical custody of the department receive needed developmental services
and delineating funding responsibility; amending s. 394.4781, F.S.;
mandating that children adjudicated dependent or in need of services who
are in the physical custody of the department receive needed mental health
services on a priority basis and delineating funding responsibility;
amending s. 394.50, F.S.; mandating that children adjudicated dependent
or in need of services who are in the physical custody of the department
receive needed mental health services and delineating funding
responsibility; creating s. 394.85, F.S.; providing that children adjudicated
dependent or in need of services who are in the physical custody of the
department receive needed mental health services and delineating funding
responsibility; amending ss. 396.042 and 397.031, F.S.; providing that
children adjudicated dependent or in need of services who are in the
physical custody of the department receive needed alcohol abuse and drug
abuse services and delineating funding responsibilities; amending s. 39.015,
F.S., relating to adoption of rules, to correct a cross reference; providing
for the phase-in of new programs and services and providing funding
priorities; requiring the department to submit a plan; providing effective
dates.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representatives Graham and Bainter-
HB 229-A bill to be entitled An act relating to the Department of
General Services; amending s. 20.22, F.S.; eliminating the Division of
Surplus Property and creating a Bureau of Surplus Property within the
Division of Purchasing; amending ss. 217.01, 217.045, 273.04, 273.05,
273.055, 287.032, and 287.042, F.S.; conforming to the act; providing an
effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

HB 231-Withdrawn

By Representatives Lawson, Rudd and Young-
HB 233-A bill to be entitled An act relating to the sale of used motor
vehicles; creating the "UsedL Motor Vehicle Warranty Act"; providing
legislative intent; providing definitions; requiring express warranties with
respect to the sale of used motor vehicles; providing exceptions; providing
requirements for used motor vehicle dealers in honoring warranties;
providing for extension of warranty terms under certain circumstances;
providing disclosure requirements; providing a procedure for arbitrating
disputes between consumers and used motor vehicle dealers before the
Florida Motor Vehicle Arbitration Board; requiring the Division of
Consumer Services of the Department of Agriculture and Consumer
Services to screen applicants for arbitration; providing for appeals of the
board's decisions; establishing the Used Motor Vehicle Consumer
Compensation Trust Fund to be administered by the Department of Legal
Affairs; providing for collection of a fee on each sale of a used motor vehicle;
providing for distribution of proceeds from the fee; providing certain
remedies; requiring the Department of Legal Affairs to adopt rules;
providing for application of the Used Motor Vehicle Warranty Act;
amending s. 320.27, F.S.; providing additional circumstances under which
the Department of Highway Safety and Motor Vehicles may suspend
certain vehicle dealers' licenses; amending ss. 681.102, 681.109, 681.1095,
F.S.; redesignating the Florida New Motor Vehicle Arbitration Board as
the Florida Motor Vehicle Arbitration Board; providing an effective date.
Referred to the Committees on Regulated Services & Technology,
Finance & Taxation and Appropriations.

By Representative Lawson-

HB 235-A bill to be entitled An act relating to taxation; creating s.
212.056, F.S.; providing for levy of the tax on sales, use, and other

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 25

transactions on the sale and use of services; providing for collecting and
remitting thereof; requiring multistate purchasers that self-accrue the tax
to file an annual supplementary tax return; providing for apportionment
of the tax on interstate and international transportation services; requiring
applicants for certain licenses or permits to attest that applicable use taxes
have been paid; creating s. 212.0561, F.S.; providing rules of construction
with respect to said tax; creating s. 212.0562, F.S.; providing exemptions
from said tax; creating s. 212.0563, F.S.; providing for administration of the
exemption for services sold in this state for use outside this state; providing
for exempt purchase permits and affidavits; requiring dealers to maintain
monthly logs; providing a penalty; providing for refunds; creating s.
212.0564, F.S.; providing special provisions applicable to the tax on
construction services; prohibiting issuance of certificate of occupancy
under certain circumstances; exempting certain improvements to real
property from the tax; providing penalties; amending s. 212.02, F.S.;
providing definitions applicable to the tax on services; specifying
conditions under which sale of a service is considered a sale for resale;
specifying those activities included within the meaning of "services";
excluding factory-built buildings from the meaning of "tangible personal
property"; amending ss. 212.03, 212.61, 203.01, and 790.0655, F.S.;
correcting references; amending ss. 212.054, 212.0598, 212.06, 212.07,
212.12, and 212.21, F.S., relating to discretionary sales surtaxes, special
provisions relating to air carriers, dealers and collection of tax, penalties
for violation, enforcement, and intent regarding exemptions, to include the
tax on services; amending s. 212.08, F.S.; providing an exemption for
services related to installation of machinery and equipment used for new
or expanding industry, used to produce electrical or steam energy, or used
under federal procurement contract; including the sale of services in the
exemption for churches; repealing s. 212.08(7)(v), F.S., which provides an
exemption for certain professional services; amending s. 212.11, F.S.;
authorizing quarterly returns for dealers registered as service providers
under certain circumstances; amending s. 212.183, F.S.; authorizing the
Department of Revenue to provide by rule for self-accrual of tax for
purchasers of services; amending s. 220.13, F.S.; including as an addition
to be added to taxable income to determine adjusted federal income for
corporate income tax purposes certain deductions relating to advertising
or promotional activities; providing for emergency rules; specifying
administrative provisions applicable to other implementing rules;
exempting the department from provisions regulating the procurement of
property and services for a specified period; providing effective dates.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Logan-
HB 237-A bill to be entitled An act relating to support; amending s.
61.046, F.S.; redefining the term "income"; amending s. 61.11, F.S.;
providing for writs in support cases; amending s. 61.1301, F.S.; providing
an additional requirement with respect to income deduction orders;
revising language with respect to enforcement; amending s. 61.1354, F.S.;
requiring the depository to report delinquencies in excess of $500 to credit
reporting agencies; amending s. 61.14, F.S.; specifying certain conditions
which may constitute "changed circumstances" for purposes of
modification; providing for a presumption in enforcement actions;
requiring additional information on delinquency notices; amending s.
61.16, F.S.; specifying how attorney's fees and other costs may be assessed;
providing for action by the court; amending s. 61.17, F.S.; clarifying
jurisdiction of court in Title IV-D cases; amending s. 61.181, F.S.; revising
language with respect to the central depository for receiving, recording,
reporting, monitoring, and disbursing alimony, support, maintenance, and
child support payments; providing additional requirements for depositing
with respect to Title IV-D agencies; authorizing the depository to require
certain information; providing duties of the depository; amending s. 61.183,
F.S.; requiring certain costs to be assessed with respect to mediation;
amending s. 61.30, F.S.; providing that the child support guidelines may
provide a basis for modifying support orders; amending s. 68.02, F.S.;
including support as a reason for issuance of a writ; amending s. 88.031,
F.S.; providing a definition of"support"; creating s. 88.0515, F.S.; providing
additional methods for enforcing orders and judgments and providing for
recovery of costs; amending s. 88.331, F.S.; limiting judicial jurisdiction
under certain conditions; amending s. 90.502, F.S.; providing for privileged

communications; amending s. 409.2554, F.S.; expanding the definition of
"program attorney," "prosecuting attorney," "support," and "administrative
costs," and defining "child support services"; amending s. 409.2557, F.S.;
clarifying the Department of Health and Rehabilitative Services' authority
with regard to child support orders; amending s. 409.2564, F.S.; specifying
the attorney-client relationship in Title IV-D cases; clarifying that
attorney's fees and costs shall not be assessed against the Department of
Health and Rehabilitative Services in support cases; clarifying the Title
IV-D agency's role in modifications; amending s. 409.2567, F.S.; providing
for certain fees; amending s. 409.2569, F.S.; providing for the continuation
of support services for recipients of public assistance; amending s.
409.2571, F.S.; providing for services to the Title IV-D agency; amending
s. 409.2577, F.S.; providing statutory clarification regarding access to
confidential information; amending s. 409.2584, F.S.; revising language
with respect to the interest earned on certain judgments; creating s.
409.2598, F.S.; providing for suspension of licenses or certifications for
delinquent support; amending s. 455.203, F.S.; providing for suspension of
licenses for delinquent support; amending s. 559.79, F.S.; requiring
additional data for license application; providing for suspension of licenses
for delinquent support; requesting the Florida Supreme Court to adopt
certain rules; amending s. 742.06, F.S.; providing for attorney's fees, suit
money, and costs in enforcement and modification proceedings; amending
s. 742.08, F.S.; providing authority for assessment of certain costs and fees
with respect to default of support payments; amending s. 742.10, F.S.;
revising language with respect to establishment of paternity for certain
children; providing an effective date.
Referred to the Committee on Judiciary, Finance & Taxation and
Appropriations.

By the Committee on Veterans & Military Affairs & Emergency
Preparedness; Representatives Bronson, Mishkin, Sembler, Jennings,
Healey, Dennis Jones, Stone, Clemons, K. Smith, Bainter, Hawkes and
Mitchell-
HB 239-A bill to be entitled An act relating to veterans; amending s.
1.01, F.S.; revising definition of the term "veteran"; revising definition of
wartime service to include Persian Gulf War; amending s. 292.05, F.S.;
revising date of an annual report to Governor and Legislature; amending
s. 295.07, F.S.; providing employment preference in appointment and
retention for certain veterans; amending s. 296.01, F.S.; revising short title;
amending s. 296.02, F.S.; revising definition of terms "wartime service,"
"peacetime service," and "Veterans Home of Florida"; amending s. 296.03,
F.S.; revising purpose of the home; amending s. 296.04, F.S.; revising
provisions relating to the qualifications, duties, and responsibilities of the
administrator; amending s. 296.06, F.S.; revising provisions relating to
eligibility for residency in the home; amending s. 296.08, F.S.; conforming
cross references; amending s. 296.09, F.S.; revising provisions relating to
general register information; amending s. 296.10, F.S.; requiring
contribution to support by certain members of the home; amending s.
296.11, F.S.; deleting Members' Deposits Trust Fund as created in the
State Treasury; amending s. 296.12, F.S.; creating a Members' Deposits
Trust Fund administered by the home; creating part II of chapter 296, F.S.;
creating the "Veterans' Nursing Home of Florida Act"; providing purpose
and definitions; providing for appointment of administrator and specifying
qualifications, duties, and responsibilities; establishing a
nondiscrimination policy of the home; providing for eligibility and priority
of admittance; providing for members' contribution to support; creating
certain trust funds in the State Treasury and providing for disposition of
moneys; creating a Members' Deposits Trust Fund administered by the
home; requiring annual reports to the Governor, Cabinet, and Legislature;
providing for audits, inspections, and operational standards of the home;
providing a directive to the Statutory Revision Division; providing an
effective date.
Referred to the Committee on Appropriations.

By Representatives Holzendorf and Sindler-
HB 241-A bill to be entitled An act relating to the Teachers'
Retirement System of Florida; amending s. 238.07, F.S.; providing that
members of the system may retire after 30 years of service, regardless of
age, and receive certain benefits; providing an effective date.

26 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representatives Lewis, Pruitt, Sansom, Rojas, Huenink, Sindler,
Holland, Kelly, Mortham, Foley, Hoffmann, Graham, Chestnut, Lawson,
Liberti, K. Smith, Wise, Mishkin, Arnold, Lippman, Bloom, Starks,
Grindle, Jamerson, Ireland, Simone, Hanson, Sanderson and Sembler-
HB 243-A bill to be entitled An act relating to fines and court costs;
amending s. 215.322, F.S.; providing for payment by credit card or bank
debit card; providing for rules; amending s. 218.31, F.S.; conforming to the
act; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Cosgrove-
HB 245-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.02, F.S.; defining "sea trial"; amending
s. 212.05, F.S.; revising requirements and conditions relating to the tax
exemption provided for boats and airplanes removed from the state after
purchase; amending s. 212.08, F.S.; revising requirements and conditions
relating to the tax exemption provided for boats temporarily docked in the
state; amending s. 212.06, F.S.; providing a presumption with respect to
when boats are considered commingled with the general mass of property
of the state; providing an effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Gutman-
HJR 247- A joint resolution proposing an amendment to Section 6 of
Article XI of the State Constitution relating to membership of the taxation
and budget reform commission.
Referred to the Committees on Judiciary, Finance & Taxation and
Appropriations.

HB 249-Withdrawn

By Representatives Diaz-Balart and Mackenzie-
HB 251-A bill to be entitled An act relating to radio communications;
amending s. 282.1095, F.S.; extending the terms of office of initially
appointed members of the Joint Task Force on State Agency Law
Enforcement Communications; extending the time period for the pilot
project; providing for a status report; providing new time frames for
required reports; extending the time period for the imposition of certain
surcharges; providing an effective date.
Referred to the Committees on Regulated Services & Technology,
Finance & Taxation and Appropriations.

By Representative Crady-
HB 253-A bill to be entitled An act relating to preneed funeral
merchandise or service contracts; amending s. 639.108, F.S.; authorizing
the Department of Insurance to use funds from the Preneed Funeral
Contract Consumer Protection Trust Fund to provide restitution to
consumers and others; providing conditions for payment of restitution;
providing limitations on total expenditures; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Crady-
HB 255-A bill to be entitled An act relating to elections; creating ss.
101.731, 101.732, and 101.733, F.S., and amending s. 101.74, F.S.; creating
the Elections Emergency Act; providing definitions; expanding authority
of the Governor to suspend elections in emergency circumstances;
providing for requests by the Secretary of State, a supervisor of elections,
or a municipal clerk for such suspension; authorizing the Governor to
reschedule elections suspended due to an emergency; providing time and
notice requirements; requiring the Division of Elections of the Department
of State to develop an elections emergency contingency plan; specifying
scope and concerns; providing for coordination with municipal clerks,
supervisors of elections, and emergency management officials; amending

s. 101.75, F.S.; conforming language; providing additional circumstances
for change of dates of municipal elections; providing a contingent effective
date.
Referred to the Committees on Ethics & Elections and Appropriations.

By Representative Crady--
HJR 257-A joint resolution proposing an amendment to Section 5 of
Article VI of the State Constitution relating to general elections.
Referred to the Committee on Ethics & Elections.

By Representative Corr-
HB 259-A bill to be entitled An act relating to motor vehicle emissions
inspections; amending s. 325.203, F.S.; providing an exemption for certain
motor vehicles under certain circumstances; requiring reinspection under
certain circumstances; amending s. 325.207, F.S.; defining "reasonably
convenient access" for purposes of satisfying emission inspection station
construction requirements; providing an effective date.
Referred to the Committees on Transportation and Appropriations.

By Representative Jamerson-
HB 261-A bill to be entitled An act relating to education; creating s.
231.263, F.S.; creating a recovery network program for educators who are
impaired as a result of alcohol abuse, drug abuse, or a mental condition;
providing eligibility for participation; providing for staff; providing for
treatment contracts; providing procedures; providing an exemption from
public records requirements for certain disclosed information and
providing for review and repeal of the exemption; providing for
determination of ineligibility for further assistance; providing for rules;
providing for review and repeal; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representatives Feeney and Hawkes-
HB 263-A bill to be entitled An act relating to education; creating s.
228.095, F.S.; restricting certain education entities from adopting rules
which subject students to disciplinary sanctions for speech or other
communication which, if engaged in off campus, is protected from
governmental restriction; authorizing the commencement of a civil action
by a student; authorizing the award of attorney's fees; providing an
effective date.
Referred to the Committee on Judiciary.

By Representative Jamerson-
HB 265-A bill to be entitled An act relating to minimum wages;
requiring employers to pay employees specified hourly minimum wages;
providing an exception for employees who receive tips in excess of specified
amounts; providing an exception to the minimum wage requirement for
certain employees; requiring the Department of Labor and Employment
Security to propose legislation to conform wage requirements of the state
to federal law; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representatives De Grandy and Hawkes-
HB 267-A bill to be entitled An act relating to postsecondary
education; creating s. 240.4076, F.S.; establishing the assistant state
attorneys and public defenders student loan forgiveness program;
providing for repayment of student loans by the Justice Administrative
Commission on behalf of persons employed as assistant state attorneys or
assistant public defenders; prescribing limits and exceptions; providing for
adoption of rules; providing an effective date.
Referred to the Committees on Postsecondary Education and
Appropriations.

January 14, 1992 JOURNAL OF THE HOUSE OF REPRESENTATIVES 27

By Representative Press-
HB 269-A bill to be entitled An act relating to recovery for wrongful
death; repealing s. 768.21(8), F.S., as created by s. 2, ch. 90-14, Laws of
Florida, which subsection provides that certain damages are not
recoverable by adult children and that certain other damages are not
recoverable by the parents of an adult child; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Langton, Albright, Viscusi, Hawkes, Jennings,
Arnall and Sindler-
HB 271-A bill to be entitled An act relating to firearms; creating s.
790.054, F.S.; authorizing correctional probation officers to carry concealed
firearms upon meeting certain requirements; exempting such officers from
certain licensing and penal provisions; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Hanson-
HB 273-A bill to be entitled An act relating to assault or battery on
certain officers; amending s. 784.07, F.S.; adding persons with respect to
whom the offenses are applicable; excepting certain persons from being
offenders under said section; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Arnall-
HB 275-A bill to be entitled An act relating to motor vehicle emissions
repairs; creating s. 325.210, F.S.; limiting the cost of certain emissions
related repairs under certain circumstances; providing a penalty; providing
an exception; providing an effective date.
Referred to the Committees on Transportation and Appropriations.

By Representative Logan-
HB 277-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending ss. 212.02, 212.03, 212.031, 212.04, 212.05,
212.0506, 212.0515, 212.052, 212.054, 212.0598, 212.06, 212.0601, 212.07,
212.08, 212.0821, 212.09, 212.12, 212.20, and 212.21, F.S.; repealing all
exemptions from and credits against said tax, and certain distributions of
tax proceeds, over a specified period; creating ss. 212.056, 212.0561,
212.0562, 212.0563, and 212.0564, F.S.; providing for levy of said tax on the
sale and use of services over a specified period; providing for collecting and
remitting thereof; requiring multistate purchasers that self-accrue the tax
to file an annual supplementary tax return; providing for apportionment
of the tax on interstate and international transportation services; requiring
applicants for certain licenses or permits to attest that applicable use taxes
have been paid; providing rules of construction with respect to said tax;
providing for administration of the exemption for services sold in this state
for use outside this state; providing for exempt purchase permits and
affidavits; requiring dealers to maintain monthly logs; providing a penalty;
providing for refunds; providing special provisions applicable to the tax on
construction services; prohibiting issuance of certificate of occupancy
under certain circumstances; exempting certain improvements to real
property from the tax; providing penalties; providing definitions applicable
to the tax on services; specifying conditions under which sale of a service
is considered a sale for resale; specifying those activities included within
the meaning of "services"; including the tax on services in provisions
relating to discretionary sales surtaxes, special provisions relating to air
carriers, dealers and collection of tax, penalties for violation, enforcement,
and intent regarding exemptions; amending s. 212.11, F.S.; authorizing
quarterly returns for dealers registered as service providers under certain
circumstances; amending s. 212.183, F.S.; authorizing the Department of
Revenue to provide by rule for self-accrual of tax for purchasers of services;
amending ss. 212.61, 125.0104, 203.01, 465.187, 501.022, and 790.0655, F.S.;
conforming and correcting references; providing effective dates.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representatives Bainter, McEwan, Feeney, Huenink, Muscarella and
Kelly-
HB 279-A bill to be entitled An act relating to vessels; amending s.
327.19, F.S.; providing requirements with respect to vessels which are
dismantled, destroyed, or changed in a certain way; defining the terms
"total loss," "salvage," and "junk"; providing for the forwarding of the title
of the vessel to the Department of Natural Resources under certain
circumstances; providing a penalty for the knowing possession, sale, or
exchange, or offer thereof, of a certificate of title or manufacturer's vessel
hull identification number or serial plate of certain vessels; amending s.
328.03, F.S., relating to required certificates of title, to conform to the act;
providing an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representatives Feeney, Valdes, Bainter, Hawkes, Morse and
Sanderson-
HB 281-A bill to be entitled An act relating to education; creating the
"Parental Choice in Education Act"; providing purpose and definitions;
providing duties of the Department of Education and district school
boards; providing for the admission to participating schools of children
with educational certificates; requiring agreements between participating
schools and district school boards; providing standards for participating
schools; requiring reports on the allocation of funds; providing for the value
of certificates and their redemption; providing eligibility for low-income
students; providing for Choice Information Centers; providing for personal
education accounts; authorizing establishment of Public Schools of
Excellence; authorizing transportation service; providing for severability;
providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Harris-
HB 283-SF-A bill to be entitled A proposal relating to citrus canker.
Referred to the Committees on Agriculture, Finance & Taxation and
Appropriations.

By Representatives C. F. Jones and Bronson-
HB 285-A bill to be entitled An act relating to confidentiality of public
school student expulsion hearings; amending s. 230.23, F.S.; creating an
exemption from public meetings requirements; providing for review and
repeal; reenacting s. 230.23115, F.S., which relates to innovation in public
school education, to incorporate the amendment to s. 230.23, F.S., in
reference thereto; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representative Morse-
HB 287-A bill to be entitled An act relating to medical practice;
amending s. 458.311, F.S.; extending the time period for certain applicants
for licensure who were or are citizens of the country of Nicaragua; deleting
certain restrictions on such licenses; providing an effective date.
Referred to the Committee on Regulatory Reform.

By Representative Morse-
HB 289-A bill to be entitled An act relating to alcoholic beverages;
amending s. 561.01, F.S.; redefining the term "licensed premises" with
respect to the beverage law to include sidewalks, if approved by the county
or municipality to permit the service of alcoholic beverages at sidewalk
cafes; providing an effective date.
Referred to the Committees on Regulated Industries and
Appropriations.

By Representatives Banjanin and Hawkes-
HB 291-A bill to be entitled An act relating to motor vehicle fees;
repealing s. 319.231, F.S., which imposes an impact fee of $295 on each
original certificate of title issued for a motor vehicle previously titled
outside the state and on "registration-only" transactions; amending s.
320.1325, F.S., to conform; providing an effective date.

28 JOURNAL OF THE HOUSE OF REPRESENTATIVES January 14, 1992

Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

HB 293-Withdrawn

By Representatives Chestnut, Lippman, King, Dennis Jones, Young,
Albright, Flagg, Reddick, Pruitt, Chinoy, Wallace, Huenink, Mortham,
Holland, Corr, Sansom and Figg-
HB 295-A bill to be entitled An act relating to health insurance;
requiring individual and group, blanket, or franchise accident or health
insurance policies providing coverage for cancer treatment to provide
coverage for bone marrow transplants; requiring the Department of
Insurance, after consultation with a panel appointed by the department,
to adopt rules specifying the bone marrow transplant procedures subject
to the act that are accepted and not experimental; providing a definition;
providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Mishkin-
HB 297-A bill to be entitled An act relating to the Whistle-blower's
Act of 1986; amending s. 112.3187, F.S.; revising language with respect to
the nature of information disclosed and to whom the information is
disclosed; providing protection to certain employees; increasing the
timeframe for filing civil actions; providing for required relief; providing
for additional relief; providing for the application of the act; creating s.
112.3189, F.S.; providing for investigative procedures upon receipt of
whistle-blower's information; providing a penalty; creating s. 112.3190,
F.S.; providing for investigative procedures in response to certain
prohibited actions; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

HB 299-Withdrawn

By Representative K. Smith-
HB 301-A bill to be entitled An act relating to the national guard;
amending s. 110.205, F.S.; providing that certain appeal rights of described
military personnel shall be exempt from career service provisions;
amending s. 250.10, F.S.; deleting a requirement for eligibility for certain
tuition exemptions for members of the active Florida National Guard;
amending s. 250.35, F.S.; revising language with respect to courts-martial;
updating references; including reference to the Florida National Guard;
revising language with respect to the convening of courts-martial;
amending s. 250.36, F.S.; providing for the powers of the Adjutant General
of the Florida National Guard with respect to mandates and process;
amending s. 250.39, F.S.; revising language with respect to penalty for
contempt; directing the Statutory Revision Division to change the title of
chapter 251, F.S., to the Florida State Defense Force; amending ss. 251.01,
251.02, 251.03, 251.04, 251.05, 251.06, 251.08, 251.09, 251.10, 251.11, 251.12,
251.13, 251.14, 251.15, 251.16, and 251.17, F.S., to conform to the act;
providing an effective date.

Referred to the Committees on Veterans & Military Affairs &
Emergency Preparedness and Appropriations.

By Representative Geller-
HB 303-A bill to be entitled An act relating to Broward County;
providing for the relief of Jamie Aguilar, to compensate him for injuries
sustained as the result of negligence of the School Board of Broward
County; providing for payment by the School Board of Broward County to
Jamie Aguilar; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Claims.

By Representatives Rojas and Morse-
HB 305-A bill to be entitled An act relating to criminal penalties;
amending s. 775.084, F.S.; providing for enhanced penalties for habitual
felony offenders, and habitual violent felony offenders, who commit life
felonies; providing an effective date.

Referred to the Committees on Criminal Justice and Appropriations.

By Representative Arnold-

HB 307-A bill to be entitled An act relating to excise taxes on
documents; creating s. 201.015, F.S.; authorizing certain counties to levy a
discretionary surtax on certain documents; prescribing requirements for
the ordinance imposing the surtax; prescribing a maximum rate;
prescribing purposes for which the revenues may be used; authorizing the
county to direct the collecting agents to remit the tax proceeds directly to
the county; requiring a report; amending s. 201.15, F.S.; providing that
discretionary surtaxes are not subject to the distribution formula
applicable to other excise taxes on documents; providing an effective date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representatives Stafford and Mackenzie-
HB 309-A bill to be entitled An act relating to restitution; amending
s. 775.089, F.S.; providing for binding nature of restitution orders entered
as part of plea agreements; providing for continuation of unsatisfied
restitution obligations; providing for interest on outstanding unpaid
amounts of restitution orders, and for liens on real estate owned by the
defendant; authorizing collection of restitution by the state attorney;
precluding discharge of the obligation in bankruptcy or other relief
proceeding; reenacting ss. 538.07(2), 538.23(4), 810.115, 921.187(2),
944.17(5)(f), 947.147, 948.03(1)(e), 948.032, and 960.001(1)(h), F.S.,
relating to secondhand dealers, secondary metals recyclers, breaking or
injuring fences, disposition and sentencing, correctional commitments and
classification, victim restitution as condition of control release, terms and
conditions of probation and community control, and guidelines for fair
treatment of victims, to incorporate said amendment in references thereto;
providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Feeney, Bainter and Hanson-
HB 311--A bill to be entitled An act relating to the Florida Retirement
System; amending s. 121.021, F.S.; redefining the term "creditable service"
to exclude service as an elected official in the offices of Governor, Lt.
Governor, Cabinet officer, or legislator or service as an elected county
official; amending s. 121.052, F.S.; deleting those elected officials from the
elected state and county officers class of the system; providing an effective
date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Arnold-
HB 313-A bill to be entitled An act relating to postsecondary
education; amending s. 240.4068, F.S.; revising provisions relating to the
award of scholarship loans under the "Chappie" James Most Promising
Teacher Scholarship Loan Program to nonpublic secondary school
students; providing an effective date.

Referred to the Committees on Postsecondary Education and
Appropriations.

By Representative Arnold-
HB 315-A bill to be entitled An act relating to fire and going-out-of-
business sales; amending s. 559.21, F.S.; providing for tax collectors instead
of sheriffs to issue permits to conduct such sales; requiring the payment
of delinquent taxes on the goods to be sold in order for a permit to be
issued; revising procedures for the conduct of such a sale; repealing
provisions for renewal of such a permit; amending s. 559.22, F.S.; requiring
a person who conducts such a sale to specify the permit number within
advertisements of the sale; amending s. 559.23, F.S.; providing for payment
of permit application fees to tax collectors; deleting provisions for renewal
fees; amending s. 559.24, F.S.; revising certain requirements for conducting
such a sale; providing that advertisements of such a sale must specify
certain information; amending s. 559.26, F.S.; specifying criminal penalties
for violation of certain requirements pertaining to such a sale; providing
an effective date.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committees on Judiciary, Finance & Taxation and
Appropriations.

By Representative Hawkins-
HB 317-A bill to be entitled An act relating to the Treasurer;
amending s. 18.10, F.S.; providing for the investment of certain moneys in
money market mutual funds; providing that it shall be the responsibility
of the Treasurer to supervise and approve all banking relationships as the
cash management officer for the state; amending s. 18.125, F.S.; providing
for an annual assessment against certain moneys; amending s. 255.052,
F.S.; providing for the substitution of securities for amounts retained on
public contracts; providing an effective date.
Referred to the Committees on Governmental Operations, Finance &
Taxation and Appropriations.

By Representative De Grandy-
HJR 319-A joint resolution proposing amendments to Sections 10 and
11 of Article V of the State Constitution relating to the selection of judges.
Referred to the Committees on Judiciary and Appropriations.

By Representative Banjanin-
HB 321-A bill to be entitled An act relating to motor vehicles;
amending s. 320.072, F.S.; reducing the additional fee imposed on certain
motor vehicle registration transactions; amending ch. 91-272, Laws of
Florida, to conform; amending s. 320.15, F.S.; providing for a refund of
certain license taxes; providing for application; providing an effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representative C. F. Jones-
HB 323-A bill to be entitled An act relating to sales of mobile homes
or recreational vehicles; creating s. 320.8345, F.S.; providing definitions;
providing for deposit of certain moneys into escrow accounts; requiring
notice; providing for interest rates on and for withdrawals, use, and release
of escrowed funds; providing penalties; providing for attorney's fees and
costs; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Bloom-
HB 325-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.08, F.S.; providing an exemption for
works of art sold to or used by nonprofit libraries, art galleries, museums,
or other educational institutions; providing an exemption for such property
purchased or imported for the purpose of being loaned to any such
institution or organization located in this state; providing applicability;
providing an effective date.
Referred to the Committees on Tourism, Hospitality & Economic
Development, Finance & Taxation and Appropriations.

By Representative Banjanin-
HB 327-A bill to be entitled An act relating to controlled substances;
amending s. 893.06, F.S.; prohibiting diversion of controlled substances
from lawful distribution, possession of diverted controlled substances, and
sending controlled substances via private commercial carrier, for which
penalties are provided by law; prohibiting unlawful delivery by a common
carrier; amending s. 893.13, F.S.; deleting the common carrier exemption
from penalty provisions of ch. 893, F.S., and reenacting s. 921.187(1)(b)10.,
relating to sentencing, to incorporate said amendment in a reference
thereto; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Ostrau--
HB 329-A bill to be entitled An act relating to elections; amending s.
97.071, F.S.; requiring registration identification cards to contain a

statement that the card is to be used as identification solely for election
purposes; amending s. 98.051, F.S.; authorizing registration on any day of

the week at locations other than the main office; eliminating notice
requirements for additional registration hours, days, and places; providing
for voter registration outside the county of residence; amending s. 98.201,
F.S.; eliminating hearings relating to removal of names of disqualified
electors from the registration books and eliminating related notice and
appeals; amending s. 99.092, F.S.; requiring qualifying fees to be paid by
cashier's check purchased from campaign account funds; changing a date
used for computing the filing fee, election assessment, and party
assessment; amending s. 106.11, F.S., relating to expenditures from
campaign accounts, to conform; amending s. 101.62, F.S.; restricting the
number of absentee ballots that any one person may pick up; providing an
exception; requiring persons designated to pick up such ballots for other
electors to complete an authorizing affidavit; providing for the form and
contents of such affidavit; requiring such ballots to be mailed or delivered
directly to the supervisor of elections; amending s. 101.65, F.S., relating to
instructions to absent electors, to conform; amending s. 101.715, F.S.;
authorizing supervisors of elections to provide alternative means for
elderly and handicapped persons to vote at polling places not meeting
certain minimum criteria of accessibility; changing the date of the second
primary election in 1992 to avoid conflict with Rosh Hashanah; providing
effective dates.
Referred to the Committees on Ethics & Elections and Appropriations.

HB 331-Withdrawn

By Representatives Hawkins, Pruitt and Mortham-
HJR 333-A joint resolution proposing an amendment to Section 4 of
Article VII and the creation of Section 20 of Article XII of the State
Constitution relating to ad valorem tax assessment.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representatives Hawkins, Pruitt and Mortham-
HB 335-A bill to be entitled An act relating to ad valorem taxation;
amending s. 192.001, F.S.; revising the definition of "real property" to
specify when improvements to real property are substantially completed;
creating s. 192.039, F.S.; providing that such improvements substantially
completed subsequent to January 1 of the prior year and prior to January
1 of the current year shall be assessed and listed on a partial-year
assessment roll; providing requirements with respect thereto; providing for
computation of tax on such partial-year real property; providing for
application of exemptions; providing requirements when such property is
replacement property; amending s. 192.042, F.S.; specifying the date of
assessment of such property; amending s. 212.08, F.S.; correcting a
reference; amending s. 192.091, F.S.; authorizing counties to prorate the
property appraisers' additional costs of the initial year of implementing
partial-year rolls among all taxing authorities; providing for
reimbursement of tax collectors' actual start-up expenses of the first year
partial-year assessment roll by county commissions; amending ss. 193.052
and 193.062, F.S.; requiring the filing of returns with respect thereto and
specifying the date; providing for notice; amending s. 193.114, F.S.;
directing the Department of Revenue to promulgate regulations for
partial-year rolls and providing requirements with respect thereto;
amending s. 195.027, F.S.; providing requirements with respect to
department rules relating to returns of such improvements; amending s.
196.011, F.S.; providing requirements relating to application for exemption
for such property; amending s. 197.3635, F.S.; providing requirements with
respect to partial-year taxes included on the combined notice of ad valorem
taxes and non-ad valorem assessments; authorizing a separate partial-year
tax notice; creating s. 200.0695, F.S.; providing for a notice of partial-year
assessment to such taxpayers; providing an effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Ascherl-
HB 337-A bill to be entitled An act relating to jurors; amending s.
40.013, F.S.; revising language with respect to exemptions for prior juror
service; amending s. 40.24, F.S.; providing for a juror compensation and

reimbursement policy; providing for employers to compensate employees
summoned to jury duty; providing for hardship; providing for

29

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

compensation for unemployed and self-employed jurors; amending s. 40.41,
F.S.; revising language with respect to the length of service of petit jurors;
providing effective dates.
Referred to the Committees on Judiciary, Finance & Taxation and
Appropriations.

By Representative Liberti-
HB 339-SF-A bill to be entitled A proposal relating to imposition of
sales tax on services.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Geller-
HB 341-A bill to be entitled An act relating to health insurance;
creating s. 627.6696, F.S.; providing for limited benefit group health
insurance; providing for coverage and benefits; requiring policies to
prominently display a disclaimer; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

HB 343-Withdrawn

HB 345-Withdrawn

By Representative Flagg-
HJR 347-A joint resolution proposing an amendment to Section 1 of
Article VIII of the State Constitution relating to sheriffs, to provide that
the Legislature may, by general law, establish qualifications for the office
of sheriff.
Referred to the Committee on Criminal Justice.

By Representatives Flagg and Lewis-
HB 349-A bill to be entitled An act relating to the state group
insurance program; amending s. 110.123, F.S.; entitling certain persons to
a credit against certain premiums under certain circumstances; providing
an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

HB 351-Withdrawn

By Representatives Sindler and Pruitt-
HB 353-A bill to be entitled An act relating to juvenile justice;
providing for a circuit court to remove the disabilities of nonage of certain
minors; amending s. 39.01, F.S.; revising the definition of "serious or
habitual juvenile offender," and reenacting ss. 39.052(5) and 39.058(3)(e)
and (4)(a), F.S., relating to serious or habitual juvenile offenders, to
incorporate said amendment in references thereto; amending s. 39.043,
F.S.; providing that a child may be placed in secure detention for being in
contempt of court; amending s. 39.044, F.S.; providing for the detention or
secure detention of a child who is found to be a clear and present danger
to himself or others, and reenacting ss. 39.037(1), 39.038(2) and (4),
39.042(3)(b), 39.049(5), 39.064(1), and 39.402(4), F.S., relating to taking a
child into custody, release or delivery from custody, use of detention,
process and service, detention of furloughed child, and placement in a
shelter, to incorporate said amendment in references thereto; providing an
effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Sindler-
HB 355-A bill to be 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.
Referred to the Committees on Corrections and Appropriations.

By Representatives Arnall, Pruitt and Holland-
HB 357-A bill to be entitled An act relating to elections; amending s.
106.29, F.S.; eliminating the assessment on certain contributions received
by state and county executive committees of political parties; amending s.
106.32, F.S.; eliminating the transfer of funds from general revenue to the
Election Campaign Financing Trust Fund; correcting a cross reference;
providing an effective date.
Referred to the Committees on Ethics & Elections, Finance & Taxation
and Appropriations.

By Representative Hanson-
HB 359-A bill to be entitled An act relating to prostitution; amending
s. 796.03, F.S.; increasing the age of the victim applicable to the crime of
procuring prostitution, and reenacting ss. 772.102(1)(a)14., 787.01(3)(a)4.,
787.02(3)(a)4., and 895.02(1)(a)17., F.S., relating to criminal activities,
kidnapping, false imprisonment, and racketeering, to incorporate said
amendment in references thereto; amending ss. 796.06, 796.07, and 796.08,
F.S.; increasing penalties for second and subsequent violations of renting
space for use for prostitution, prostitution, and unlawful transmission of
sexually transmissible diseases; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Hanson and Pruitt-
HB 361-A bill to be entitled An act relating to controlled substance
violations; amending s. 893.13, F.S.; adding licensed child care facilities to
the prohibition against specified controlled substance violations
committed within 1,000 feet of the real property comprising a school, for
which criminal penalties, including a mandatory minimum term of
imprisonment, are provided by law, and reenacting ss.
893.135(1)(introductory paragraph), 893.1351(1), 903.133, and
921.187(1)(b)10., F.S., relating to trafficking, lease or rent for the purpose
of trafficking, bail on appeal, and disposition and sentencing, to
incorporate said amendment in references thereto; reenacting and
amending s. 953.003(1), F.S., relating to definition of "drug offender" or
"offender," to correct cross references; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Rudd--
HB 363-A bill to be entitled An act relating to state employment;
amending s. 112.061, F.S.; increasing the mileage rate allowable for
transportation by privately owned vehicles for official state travel;
providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Muscarella-
HB 365-A bill to be entitled An act relating to prostitution; amending
s. 796.06, F.S., relating to renting space to be used for lewdness,
assignation, or prostitution; providing a penalty upon a second or
subsequent conviction; amending s. 796.07, F.S., relating to prostitution;
providing a penalty upon a second or subsequent conviction; amending s.
796.08, F.S., relating to screening for sexually transmissible diseases;
authorizing certain entities to have access to test results; increasing
penalties; reenacting s. 381.609(3)(i)1.a., F.S., relating to HIV testing, to
incorporate said amendment in a reference thereto; providing an effective
date.
Referred to the Committees on Criminal Justice and Appropriations.

HB 367-Withdrawn

30

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Gordon-
HB 369-A bill to be entitled An act relating to employment; providing
definitions; providing for parental or family medical leave requirements
with respect to public and private employers; providing for employee
benefits protection for employees who take parental or family medical
leave; providing for the effect of such leave on employee benefits; providing
for prohibited acts; providing for judicial enforcement; providing for
repeal; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Hawkins-
HB 371-A bill to be entitled An act relating to abuse of children;
amending s. 827.05, F.S., relating to criminally negligent treatment of
children, for which misdemeanor penalties are provided by law; prohibiting
knowingly permitting a child to be in an environment where controlled
substances are present under certain circumstances and providing felony
penalties; reenacting and conforming ss. 39.001(3)(b)22., 39.076(3)(v),
110.1127(3)(a)1.v., 242.335(3)(a)1.v., 393.0655(1)(t), 394.457(6)(a)20.,
396.0425(1)(t), 397.0715(1)(t), 402.305(2)(a)20., and 409.175(4)(a)6.v., F.S.,
relating to personnel background screening, to incorporate said
amendment in references thereto; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Ritchie and Sansom-
HB 373-A bill to be entitled An act relating to offenses involving
obscene materials; amending s. 827.071, F.S.; providing that, for purposes
of the crime of possessing certain items of child pornography, the
possession of each such item is a separate offense; providing an effective
date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Bronson-
HB 375-A bill to be entitled An act relating to petit theft; amending
s. 812.014, F.S.; increasing criminal penalties for first and second
convictions for petit theft, and reenacting ss. 538.23(2), 550.63(10),
634.319(2), 634.421(2), 642.038(2), 705.102(4), and 812.015(2), F.S., relating
to secondary metals recyclers, intertrack wagering, home warranty
associations, service warranty associations, legal expense insurers, lost or
abandoned property reporting, and retail and farm theft, to incorporate
said amendment in references thereto; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Pruitt, Mitchell, Foley, Sembler, Liberti, K. Smith,
Hill, Bainter, C. Smith, Bronson, Gordon, Jennings, Graham, Sansom,
Feeney, Wise, Irvine, Holland, Lewis, Mishkin, Grindle, Sanderson,
Garcia, Huenink, Kelly, Rojas, Muscarella, Mortham, King, Simone and
Sindler-
HB 377-A bill to be entitled An act relating to immunity from civil
liability; creating the Florida Volunteer Immunity Act; providing
immunity from civil liability for certain volunteers; providing exceptions;
providing for application; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Muscarella, Lombard, Laurent, De Grandy,
Jennings, Feeney, Hawkes, Rojas, Wise, Arnall, Grindle, Sansom,
Sanderson, Sembler, Foley, Albright, Simone and King--
HJR 379-A joint resolution proposing the creation of Section 19 of
Article III, Section 16 of Article X, and Section 20 of Article XII of the
State Constitution relating to terms of legislators and members of

Congress.
Referred to the Committee on Ethics & Elections.

By Representative Albright-
HB 381-A bill to be entitled An act relating to criminal transmission
of HIV; amending s. 921.187, F.S.; establishing criminal quarantine
community control as the sentencing disposition for offenders sentenced
for criminal transmission of HIV; creating s. 775.0877, F.S.; requiring HIV
testing of offenders in certain circumstances and requiring certain
disclosures; providing, as criminal penalty for criminal transmission upon
a second or subsequent charge of specified offenses by indictment or
information, a mandatory minimum term of criminal quarantine
community control; providing evidentiary and procedural matters and
providing consent as an affirmative defense; amending s. 381.004, F.S.,
relating to HIV testing, to conform; creating s. 933.025, F.S.; authorizing
issuance of search warrant in criminal transmission of HIV case; amending
ss. 384.29, 796.08, 951.27, and 960.003, F.S., relating to confidentiality,
screening, inmate testing, and victims' rights, to conform; reenacting ss.
384.25(5), 384.26(2), 384.282(3), and 384.30(2), F.S., relating to reporting,
contact investigation, naming of parties, and minors' consent to treatment,
to incorporate the amendments to s. 384.29, F.S., in references thereto;
amending s. 948.001, F.S.; defining "criminal quarantine community
control"; amending s. 948.01, F.S.; requiring placement of certain offenders
on criminal quarantine community control; requiring the Department of
Corrections to develop and administer a criminal quarantine community
control program; amending s. 948.03, F.S.; providing conditions of criminal
quarantine community control; providing appropriations; providing an
effective date.
Referred to the Committees on Health Care and Appropriations.

By Representative Albright-
HB 383-A bill to be entitled An act relating to road designations;
designating a portion of U.S. Highway 27 in Marion County as the
"Bernard Castro Memorial Highway"; directing the Department of
Transportation to erect suitable markers; providing an effective date.
Referred to the Committee on Transportation.

By Representatives Huenink, Ritchie and Chestnut-
HB 385-A bill to be entitled An act relating to postsecondary
education; amending s. 240.2094, F.S.; requiring the Board of Regents to
provide lump sum allocations to university presidents; providing for the
expenditure of such funds and delineation of expenditures; providing an
effective date.
Referred to the Committees on Postsecondary Education and
Appropriations.

By Representative Sanderson-
HB 387-A bill to be entitled An act relating to the Florida Contraband
Forfeiture Act; amending s. 932.701, F.S.; providing definitions; amending
s. 932.702, F.S.; revising language with respect to the transportation,
concealment, or possession of contraband articles; amending s. 932.703,
F.S.; revising language with respect to forfeiture; creating s. 932.7045, F.S.;
providing a required policy for forfeiture of assets by law enforcement
agencies; providing a policy statement, purpose, and procedures; creating
s. 932.705, F.S.; providing for requirements for the issuance of a forfeiture-
seizure warrant; creating s. 932.706, F.S.; providing for the issuance of
warrants; creating s. 932.707, F.S.; providing for service; creating s. 932.708,
F.S.; authorizing officers to exercise force to execute warrants; creating s.
932.709, F.S.; providing for the execution of warrants during the day or
night; creating s. 932.710, F.S.; providing for service on Sunday; creating
s. 932.711, F.S.; providing for delivery of duplicate warrants; creating s.
932.712, F.S.; providing for the duration of warrants; creating s. 932.713,
F.S.; providing for the issuance of writs of assistance; creating s. 932.714,
F.S.; providing for the vesting of titles and liens; creating s. 932.715, F.S.;
providing for forfeiture proceedings; creating s. 932.716, F.S.; providing for
the disposition of liens and forfeited property; creating s. 932.717, F.S.;
providing a penalty for nonconformance of reporting requirements;
providing an effective date.

Referred to the Committees on Criminal Justice, Finance & Taxation
and Appropriations.

January 14, 1992

31

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representatives Sanderson and Hanson-
HB 389-A bill to be entitled An act relating to dependency
proceedings; amending s. 39.408, F.S.; deleting the requirement that
adjudicatory hearings involving unwed mothers and custody be
confidential and closed to the public, and reenacting s. 39.01(3), F.S.,
relating to definitions, to incorporate said amendment in a reference
thereto; providing an effective date.
Referred to the Committee on Health & Rehabilitative Services.

By Representatives Tobin, Press, Deutsch, Rayson and Goode-
HB 391-A bill to be entitled An act relating to Medicare beneficiaries;
specifying that certain treatment providers may refuse to treat a Medicare
beneficiary; requiring treatment providers to accept Medicare assignment
for certain emergencies; providing that treatment providers must accept
Medicare assignment unless the beneficiary otherwise consents in writing;
providing a schedule for certain billing charges; providing penalties;
providing an effective date.
Referred to the Committees on Health Care and Appropriations.

By Representatives Tobin, McEwan, Hafner, Holland, Mortham,
Lippman, Deutsch, Geller, Graber, Rush, Glickman, Stone, Saunders,
K. Smith, Stafford, Reaves, Rayson, Bronson, Chinoy, Harris, Jamerson,
Wallace, Kelly, Roberts, Bloom, Grindle, Mims, Silver, Mitchell, Crady,
Foley, Cosgrove, C. Smith, Frankel, Sindler, Lewis, Muscarella, Jennings,
Ireland, King, Young, Mishkin, Bainter, Feeney, Pruitt, Sembler, Laurent,
Hawkins, Press, Viscusi, Albright, Hawkes and Simone-
HB 393-A bill to be entitled An act relating to bingo; amending s.
849.093, F.S.; revising the definition of "authorized organization" to remove
references to homeowners' associations and authorize the conduct of bingo
by community associations; defining "community association"; providing
requirements with respect to the conduct of games and use of proceeds by
such associations; exempting such associations from licensing and
reporting requirements; repealing s. 849.093(18), F.S., which specifies
conditions with respect to the conduct of bingo by condominium
associations; providing an effective date.
Referred to the Committees on Regulated Industries, Finance &
Taxation and Appropriations.

By Representatives Jennings, Thomas, Sembler and Morse-
HB 395-A bill to be entitled An act relating to the Florida Mobile
Home Act; creating s. 723.046, F.S.; providing that the capital costs of
utility improvements may not be passed on by mobile home park owners
to mobile home owners in a mobile home park; providing exceptions;
providing for the payment of certain assessments at the option of the
mobile home owner; providing for a use right to vest in certain mobile home
owners who pay for capital improvements; providing for a reduction in
mobile home lot rental amounts under certain circumstances; providing an
effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Stafford and Martinez--
HB 397-A bill to be entitled An act relating to contraband forfeiture;
amending ss. 932.703 and 932.704, F.S.; providing for action by owner if
forfeiture proceedings are not initiated within 60 days; prohibiting
forfeiture if property is titled or registered jointly; providing that property
shall not be used until forfeiture perfected; providing for the return of
seized contraband, if not forfeited; providing for prior approval to seize;
providing the seizing agency shall proceed within 60 days after forfeiture;
providing for immediate release of property; prohibiting the assessment of
costs; providing for notice; providing for quarterly reports to the
Department of Law Enforcement; providing for annual reports; providing

an effective date.
Referred to the Committee on Criminal Justice.

By Representative Dennis Jones-
HB 399-A bill to be entitled An act relating to medical laboratory
science practice; creating part XII of chapter 468, F.S.; providing a title,
legislative intent, and definitions; creating the Board of Medical
Laboratory Science within the Department of Professional Regulation;
providing membership, terms, and powers and duties; requiring licensure
to practice medical laboratory science; providing for licensure by
examination and by endorsement; providing for recognition of foreign
education; providing licensing requirements for medical laboratory
technicians, technologists, scientists, directors, and specialists; providing
for application for license, fees, temporary licenses, license renewal,
inactive status, reactivation, and suspension; providing grounds for
disciplinary action; providing for administrative and criminal penalties;
providing for rules for impaired practitioners; providing for disposition of
fees; providing that current clinical laboratory personnel licenses are
effective and providing for application for upgrade; amending ss. 483.021,
483.031, 483.051, 483.172, and 483.23, F.S.; deleting provisions relating to
the licensing and regulation of clinical laboratory personnel by the
Department of Health and Rehabilitative Services; amending s. 395.1015,
F.S.; conforming a cross reference; repealing ss. 483.041(2) and (4), 483.071,
483.141, 483.151, 483.152, 483.153, 483.154, 483.161, and 483.21, F.S.,
relating to clinical laboratory personnel; providing for review and repeal of
part XII of chapter 468, F.S.; providing an effective date.
Referred to the Committees on Regulatory Reform, Finance & Taxation
and Appropriations.

By Representatives Goode, Arnall, Healey and Rudd-
HB 401-A bill to be entitled An act relating to physician assistants;
amending ss. 458.347, 459.022, F.S.; authorizing physician assistants to
prescribe medicinal drugs under the supervision of physicians or
osteopathic physicians; providing limitations; providing training
requirements; providing an effective date.
Referred to the Committees on Regulatory Reform and Appropriations.

By Representative Glickman-
HB 403-A bill to be entitled An act relating to the sale of fireworks;
amending s. 791.04, F.S.; prohibiting certain purchasers of fireworks from
removing the fireworks from the premises of the seller; providing a
procedure for qualifying for an exemption to the sale of certain fireworks
from the provisions of the chapter; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Glickman-
HB 405-A bill to be entitled An act relating to unlawful substances;
amending s. 893.02, F.S.; providing that "possession" includes temporary
possession for verification or testing; amending s. 831.31, F.S.; expanding
the definition of "counterfeit controlled substance"; reenacting and
amending s. 232.277, F.S., relating to reporting of suspected substance
abuse by students, to incorporate said amendments in references thereto;
providing an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Glickman and Jennings-
HB 407-A bill to be entitled An act relating to criminal offenses;
amending s. 316.193, F.S.; providing for notice to the defendant in certain
offenses involving driving under the influence that the offender's motor
vehicle may be forfeited; creating s. 316.1939, F.S.; providing for seizure
and forfeiture of vehicles involved in certain driving under the influence
offenses; amending s. 327.35, F.S.; providing for seizure and forfeiture of
vessels used in certain operation of a vessel while under the influence
offenses; providing for notice; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Glickman-

HB 409-A bill to be entitled An act relating to the Environmental
Protection Act of 1971; amending s. 403.412, F.S.; expanding authority of

32

January 14, 1992

JOURNAL OF THE HOUSE]

the Department of Legal Affairs, any political subdivision of the state, or
a citizen of the state to maintain certain actions for the protection of the
air, water, land, or other natural resources of the state; requiring certain
notice of governmental enforcement actions; revising provisions relating to
the award of attorney and witness fees, and providing for costs; providing
for the granting of injunctive relief without a showing of special injury to
the complaining party or inadequate remedies of law; providing for award
of damages; providing for the dismissal of intervening parties under certain
circumstances and for the award of reasonable attorney and witness fees;
providing for complaints by any person of violations of environmental laws;
providing for inspection, determination, and notice of disposition;
providing for access to disputed sites for certain purposes; requiring
consent of the property owner; authorizing complainant to accompany
inspector under certain circumstances; providing that procedures relating
to local government comprehensive plans are not affected; reenacting ss.
258.397(7), 258.46, and 373.136(2), F.S., relating to certain enforcement
actions, to incorporate the amendment to s. 403.412, F.S., in references;
providing an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Glickman-
HB 411-A bill to be entitled An act relating to felony offenders;
creating s. 775.0815, F.S.; classifying sentenced felons for corrections
purposes; amending s. 775.087, F.S.; increasing the mandatory minimum
term of imprisonment for specified firearms violations; amending s.
921.001, F.S.; providing for preadmission release of certain offenders;
amending s. 921.187, F.S.; placing certain restrictions on disposition and
sentencing alternatives; amending s. 944.012, F.S.; clarifying legislative
intent as to classifications of felony offenders for corrections purposes;
amending s. 944.026, F.S.; providing a limitation on placement of felony
offenders in community-based facilities and programs; amending s. 944.09,
F.S.; requiring adoption of rules for classification and separation of felony
offenders; amending s. 944.17, F.S.; providing a limitation on placement,
transfer, and reclassification of felony offenders; amending s. 944.1905,
F.S.; requiring inmate classification of felony offenders to be in accordance
with the sentenced felons classification system; amending s. 944.275, F.S.;
providing a prisoner eligibility restriction on the authority to grant certain
gain-time; amending s. 944.605, F.S.; providing for release notice with
respect to preadmission release offenders; amending s. 945.025, F.S.;
restricting the jurisdiction of the Department of Corrections with respect
to the placement and rehabilitation of felony offenders; amending s.
947.135, F.S.; limiting use of the mutual participation program; amending
ss. 947.1405 and 947.146, F.S.; limiting the use of conditional release and
control release, expanding the length of supervision, and imposing a
required condition; authorizing the Control Release Authority to order
restitution payments; amending s. 947.16, F.S.; revising the cumulative
sentence structure for initial parole interviews and revising provisions
relating to parole eligibility and retention of jurisdiction by the court;
amending s. 947.165, F.S.; providing a restriction on parole guidelines;
amending s. 947.174, F.S.; requiring a recommendation for work-release for
the 12-month period before parole release; amending s. 947.1745, F.S.;
providing for length of supervision on parole; amending s. 947.18, F.S.;
placing a required condition on parole release; amending s. 947.24, F.S.;
revising the length of time on parole before discharge; amending s. 948.03,
F.S.; placing a required condition on release on probation or community
control; providing an effective date.
Referred to the Committees on Corrections and Appropriations.

By Representatives Chestnut, Cosgrove, Viscusi and Bainter-
HB 413-A bill to be entitled An act relating to public records;
amending s. 119.07, F.S.; providing for the confidentiality of certain
personal customer information in records of publicly owned utilities;
providing for future review and repeal; providing an effective date.

Referred to the Committees on Governmental Operations and
Appropriations.

January 14, 1992

to the court; providing for access to victim impact statements; providing
for consideration of such statements; providing a limitation; providing an
effective date.
Referred to the Committees on Criminal Justice and Appropriations.

E OF REPRESENTATIVES 33

By Representatives Hafner and Chestnut-
HB 415-A bill to be entitled An act relating to consumer transaction
fraud; creating s. 501.2077, F.S.; providing enhanced civil penalties with
respect to a consumer transaction violation which victimizes or attempts
to victimize a senior citizen or handicapped person; providing definitions;
providing for priority of restitution orders and actual damages; providing
for deposit and disbursement of enhanced civil penalties; amending s.
501.2075, F.S., relating to civil penalties, to conform; providing an effective
date.
Referred to the Committees on Commerce and Appropriations.

By Representatives Hafner, Jamerson, Muscarella, Brennan, Safley,
Dennis Jones, Huenink and Mortham-
HB 417-A bill to be entitled An act relating to weapons and firearms;
amending s. 790.31, F.S.; expanding provisions which prohibit the
manufacture, sale, delivery, and possession of armor-piercing or exploding
ammunition to include "dragon's breath" shotgun shells; providing
penalties; revising applicability provisions; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representatives Hawkes, Mortham, Lawson, Mishkin and Bainter-
HB 419-A bill to be entitled An act relating to mechanic's liens;
amending s. 713.02, F.S.; exempting certain residential property from
mechanic's liens under certain circumstances; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Glickman-
HB 421-A bill to be entitled An act relating to theft; amending s.
812.014, F.S.; authorizing inclusion of any prior theft conviction in
accumulating offenses for second and subsequent petit theft penalties;
reenacting ss. 39.044(2)(d), 409.910(17), 538.23(2), 550.63(10), 634.319(2),
634.421(2), 642.038(2), and 705.102(4), F.S., relating to juvenile detention,
Medicaid fraud, receipt of stolen regulated metals property, intertrack
wagering, reporting and accounting for funds received by sales
representatives in certain fiduciary transactions, and unlawful
appropriation of lost or abandoned property, to incorporate said
amendments in references thereto; amending s. 812.015, F.S.; deleting a
requirement of a conviction for theft as a requirement for the offense of
resisting recovery, and reenacting ss. 538.09(5)(f) and 538.23(2), F.S.,
relating to secondhand dealers and secondary metals recyclers, to
incorporate said amendment in references thereto; providing technical
amendments; amending s. 812.035, F.S.; extending the period of limitations
in criminal theft proceedings if the defendant has absconded; providing an
effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Long, Mishkin and Jennings-
HB 423-A bill to be entitled An act relating to gain-time; amending
s. 944.275, F.S.; prohibiting grants of basic or incentive gain-time to
offenders convicted under chapter 794, F.S.; amending s. 775.084, F.S.,
relating to habitual and habitual violent felony offenders; establishing
ineligibility of offenders convicted under chapter 794, F.S., for basic or
incentive gain-time; providing an effective date.
Referred to the Committees on Corrections and Appropriations.

By Representatives Feeney, Pruitt, Sembler, Corr, Hawkes and Arnall-
HB 425-A bill to be entitled An act relating to victims of crimes;
creating the "Victim Impact Statement Act"; providing definitions;
providing for specified notice to the victim of a crime or the victim
representative; providing for the submission of victim impact statements

34 JOURNAL OF THE HOUSE

By Representative Mims-
HB 427-A bill to be entitled An act relating to victim assistance;
amending s. 90.616, F.S.; revising language with respect to exclusion of
witnesses to provide that in criminal cases certain persons may not be
excluded; amending s. 120.57, F.S.; providing that in professional licensure
disciplinary cases under the Administrative Procedure Act victims of the
offense shall be given an opportunity to be heard; amending s. 960.03, F.S.;
revising the definition of the terms "claimant," "crime," and "hearing
officer" for the purposes of the Florida Crimes Compensation Act;
amending s. 960.04, F.S.; providing for the powers and duties of the
Department of Legal Affairs; amending s. 960.05, F.S.; providing additional
duties of the Crime Victims' Services Office; amending s. 960.06, F.S.;
providing for eligibility for awards under the Florida Crimes Compensation
Act; amending s. 960.07, F.S.; correcting a cross-reference to conform;
amending s. 960.09, F.S.; providing for the designation of hearing officers
by the Attorney General with respect to claims; amending s. 960.20, F.S.;
increasing certain additional costs; repealing s. 960.24, F.S.; relating to the
functions and duties of the Department of Labor and Employment
Security; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Ostrau, Muscarella, McEwan and Cosgrove-
HB 429-A bill to be entitled An act relating to insurance; amending
s. 625.111, F.S.; providing a formula for the computation of unearned title
insurance premium reserves; providing for the release of a percentage of
unearned premium reserves; defining the terms "net retained liability" and
"single risk"; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative C. Smith-
HB 431-A bill to be entitled An act relating to the clerks of the circuit
courts; amending s. 28.07, F.S.; directing the board of county
commissioners to provide the clerks with office space and other services;
providing for standards for such office space and services; providing an
effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives C. Smith, Mackey, Kelly, Webster and Hoffmann-
HB 433-A bill to be entitled An act relating to elections; creating s.
99.013, F.S., relating to the residency requirement of law for candidates for
public office and elective public officers; defining "residence," "residency
requirement," and "resident"; requiring that certain candidates or public
officers have only one declared residence; providing factors to be
considered; providing for investigation of violations by the Florida
Elections Commission; amending s. 106.18, F.S.; requiring omission from
the ballot of the name of any candidate found in violation of the residency
requirement; amending s. 106.25, F.S.; granting the Florida Elections
Commission authority to investigate, consider, and determine such
violations; providing procedure; amending s. 106.26, F.S.; providing
procedure upon a determination that such a violation has occurred or has
not occurred; providing an effective date.
Referred to the Committees on Ethics & Elections and Appropriations.

By Representatives C. Smith and Mackey--
HB 435-A bill to be entitled An act relating to aquatic plants;
amending s. 212.69, F.S.; providing for the transfer of certain gas tax funds
to the water management districts; removing a restriction on the uses of
other gas tax funds transferred to the Department of Natural Resources
and providing other restrictions on transferred funds; amending s. 369.20,
F.S.; transferring responsibilities to regulate aquatic plant management
activities and to conduct research activities and delegating responsibility
for public education activities under the Florida Aquatic Weed Control

Act; deleting provisions which give the Department of Natural Resources
access to private property for conducting certain aquatic plant control
activities; authorizing the Department of Natural Resources and the
Institute of Food and Agricultural Sciences to contract out certain
activities; providing for water management district permitting of certain

3E OF REPRESENTATIVES

January 14, 1992

aquatic plant control activities by any person or any public agency;
amending s. 369.22, F.S.; amending the definition of the term "waters";
providing for uses of certain funds in the Aquatic Plant Control Trust
Fund; providing criteria for departmental review of certain water
management district activity; creating the Aquatic Plant Advisory Council;
providing for review and repeal; providing for water management districts
to regulate certain aquatic plant control activities; amending s. 403.088,
F.S.; extending to each water management district authority to jointly
approve, with the Department of Natural Resources, the use of herbicides
for controlling aquatic weeds and algae; transferring certain positions,
equipment, and funds from the department to the water management
districts; allocating positions to the department for specified purposes;
transferring certain positions, equipment, and trust funds from the
Department of Natural Resources to the Institute of Food and Agricultural
Sciences for certain purposes; providing that this act does not affect
departmental responsibilities under s. 370.081, F.S.; providing an effective
date.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representatives C. Smith and Kelly-
HJR 437-A joint resolution proposing an amendment to Section 5 of
Article II of the State Constitution relating to compensation of county
officers.
Referred to the Committee on Community Affairs.

By Representatives Healey, Press, Hawkes, Tobin and Simone-
HB 439-A bill to be entitled An act relating to bingo; amending s.
849.093, F.S.; revising the definition of "authorized expenses," "authorized
organization," "charitable purpose," and "objects"; defining "community
association" and "volunteer"; authorizing community associations to
conduct bingo; providing requirements with respect to the conduct of
games and use of proceeds by such associations; revising requirements
relating to a report by the Division of Pari-mutuel Wagering; revising
requirements relating to use of proceeds; revising provisions relating to
conduct of bingo for patients in veterans' hospitals and nursing homes;
revising requirements relating to the issuance of a license to conduct bingo
or act as a distributor; exempting certain applicants from background
check requirements; revising application and license fees; providing for a
special event license; revising the conditions for the conduct of bingo and
the required procedures for the conduct of games; revising requirements
relating to premises on which bingo may be conducted and lease
arrangements; revising reporting requirements; revising prohibited
activities and prohibiting certain persons from participating in the
operation of a licensed distributor; repealing s. 849.093(18), F.S., which
specifies conditions with respect to the conduct of bingo by condominium
associations; providing for retroactive effect of certain license fee
reductions and for application of any excess paid toward subsequent fees;
amending s. 723.079, F.S.; revising provisions relating to conduct of bingo
by mobile home owners' associations; providing an effective date.
Referred to the Committees on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Arnold-
HB 441-A bill to be entitled An act relating to state-owned parking
facilities; amending s. 272.161, F.S.; eliminating the Paid Parking Trust
Fund; providing for the deposit of funds in the Florida Facilities Pool
Clearing Fund; providing for the expenditure and administration of funds;
providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Arnold--
HB 443-A bill to be entitled An act relating to elections; amending s.
100.371, F.S.; requiring that signatures on initiative petitions be witnessed;

providing witness qualifications and witness and sponsor duties;
prohibiting verification of a signature unless accompanied by an affidavit,

JOURNAL OF THE HOUSE OF REPRESENTATIVES

signed by the sponsor, certifying that no per-signature fee has been paid
to any person by or on behalf of the sponsor for obtaining the signature;
providing an effective date.
Referred to the Committees on Ethics & Elections and Appropriations.

By Representatives Abrams, K. Smith, Lombard, Flagg, Sanderson,
Mims, Diaz-Balart, Roberts, King, De Grandy, Frankel, Irvine, Albright,
Mackey, Healey, Morse, Harris, Trammell, Sansom, Lawson, Logan,
Ireland, Arnold, Press, Bronson, Langton, Gordon, Chestnut, Graber,
Lippman, Tobiassen, C. Smith, Kelly, Silver, Long, Stone, Garcia,
Friedman, Rayson, Martinez, Tobin, Gutman, Laurent, Viscusi and
Brown-
HB 445-A bill to be entitled An act relating to the Impaired Drivers
and Speeders Trust Fund; amending s. 413.613, F.S.; providing for
appropriation of moneys in the fund to the University of Florida and the
University of Miami for spinal cord injury and head injury research;
providing an effective date.
Referred to the Committees on Health Care and Appropriations.

By Representative McEwan-
HB 447-A bill to be entitled An act relating to theft; creating s. 812.15,
F.S.; providing that it is unlawful to obtain property or equipment by trick
or false pretenses, to hire or lease property with intent to defraud, or to fail
to return hired or leased property; providing penalties; providing prima
facie evidence of fraudulent intent; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Thomas-
HB 449-A bill to be entitled An act relating to violators of the sexual
battery and child abuse laws; amending s. 775.13, F.S., relating to
registration of convicted felons; providing that exemptions from
registration requirements do not apply to violators of the sexual battery or
child abuse laws; amending s. 944.605, F.S.; requiring that notification of
the anticipated date for release from custody of the Department of
Corrections be made to the chief of police of the municipality in which the
inmate plans to reside; amending s. 948.04, F.S.; requiring the maximum
level of supervision for the full term of any court-imposed period of
probation or community control; providing an effective date.
Referred to the Committees on Corrections and Appropriations.

By Representative Simone-
HB 451-A bill to be entitled An act relating to legal and official
advertisements; amending ss. 50.011, 50.031, and 50.051, F.S.; revising the
requirements for newspapers in which such advertisements may be
published; amending ss. 125.66, 163.3184, 166.041, 189.417, 190.005,
194.037, 200.065, 373.536, 380.06, and 658.295, F.S., which specify
requirements for publication of notices relating to certain county and
municipal rezoning and land use ordinances, certain local comprehensive
plan adoption or amendment, special meetings of independent special
district governing boards, establishment of community development
districts, disclosure of tax impact by value adjustment boards, notices of
tax increase and budget hearings and water management district budgets,
notices of areawide developments of regional impact, and certain notices
of intent to acquire a Florida bank; removing the requirement that such
notices be published in a newspaper of paid circulation; providing an
effective date.
Referred to the Committees on Judiciary and Finance & Taxation.

By Representative Albright-
HB 453-A bill to be entitled An act relating to capital felonies;
amending s. 921.141, F.S.; providing for the admission of victim impact
evidence in certain proceedings on the issue of penalty; providing an

effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By the Committee on Regulatory Reform; Representative Tobin-
HB 455-A bill to be entitled An act relating to the infant hearing
impairment program; amending s. 383.144, F.S.; deleting references to pilot
sites and pilot programs for infants with hearing impairments; eliminating
the Council for the Infant Hearing Impairment Program; providing an
effective date.
Referred to the Committee on Appropriations.

By Representative Safley-
HR 457-A resolution commending the 1991 Dunedin National Little
League All-Stars.
Referred to the Committee on Rules & Calendar.

By Representative Langton-
HJR 459-A joint resolution proposing the creation of Section 19 of
Article III, Section 16 of Article X, and Section 20 of Article XII and the
amendment of Section 5 of Article IV of the State Constitution relating to
terms of legislators, the Lieutenant Governor, members of the Cabinet, and
members of Congress.
Referred to the Committee on Ethics & Elections.

HB 461-SF-Withdrawn

By Representatives Gutman, Bloom, Silver, Long, Guber, Logan, Morse,
Reddick, Garcia, Burke, Diaz-Balart, Cosgrove and Reaves-
HB 463-A bill to be entitled An act relating to housing finance
authorities; amending ss. 159.602 and 159.608, F.S.; authorizing a housing
finance authority to own and operate a savings and loan bank; providing
a purpose; providing for the reinvestment of proceeds; requiring a
minimum amount of capital; requiring compliance with state and federal
banking regulations and other requirements imposed by the county;
providing an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representatives Tobin and Chinoy-
HB 465-A bill to be entitled An act relating to consumer protection;
amending s. 501.059, F.S.; placing restrictions on telephone solicitors who
offer for sale certain consumer information; amending s. 501.603, F.S.;
revising certain definitions in the Florida Telemarketing Act; amending s.
501.604, F.S.; revising exemptions from provisions of the act; amending ss.
501.605 and 501.607, F.S.; requiring additional information in an
application for licensure as a commercial telephone seller or salesperson;
requiring rules for operation on an interim basis; amending s. 501.608, F.S.;
revising provisions relating to license display; providing an effective date.
Referred to the Committee on Regulated Services & Technology.

By Representative Tobin-
HB 467-A bill to be entitled An act relating to solid waste; amending
s. 403.703, F.S.; clarifying a definition; amending s. 403.706, F.S.;
authorizing counties to adopt ordinances regulating disposal of certain
solid waste within a county; providing severability; providing an effective
date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Tobiassen-
HCR 469-A concurrent resolution declaring the week of July 4th,
1992, as "Buy American Week."
Referred to the Committee on Commerce.

By Representative Graham-
HB 471-A bill to be entitled An act relating to collective bargaining;
amending s. 447.308, F.S.; providing that a public employer may file a
petition to revoke certification of a bargaining unit under certain
circumstances; providing an effective date.

Referred to the Committees on Employee & Management Relations and
Appropriations.

January 14, 1992

35

JOURNAL OF THE HOUSE

By the Committee on Regulatory Reform; Representative Tobin-
HB 473-A bill to be entitled An act relating to mobile homes; creating
s. 320.8345, F.S.; providing mobile home setup operation authority;
limiting the proper scope of setup operations; providing authority for the
local building department to refuse or limit the building permit; providing
authority for the Department of Highway Safety and Motor Vehicles to
issue electrical utility setup certifications; providing disciplinary authority;
providing rulemaking authority; amending s. 320.832, F.S.; providing
legislative intent; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Holland, Wise, Clark and Rojas-
HB 475-A bill to be entitled An act relating to corporate income tax;
amending s. 220.13, F.S.; including as an addition to be added to taxable
income to determine adjusted federal income certain deductions relating
to advertising or promotional activities for cigarettes, tobacco, or other
tobacco products; creating s. 220.55, F.S.; providing for transfer of the tax
paid based on the apportioned amount of such addition into the Florida
Cancer Research and Treatment Trust Fund; creating the trust fund and
providing for the uses thereof; providing duties of certain universities;
providing an effective date.
Referred to the Committees on Postsecondary Education, Finance &
Taxation and Appropriations.

By Representative Starks-
HB 477-A bill to be entitled An act relating to consumer protection;
prohibiting the reporting of adverse information to a consumer reporting
agency, the provision of information to a collection agency, or any
collection action regarding a cosigner of an obligation under certain
circumstances; providing penalties; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representatives De Grandy, Arnall, Diaz-Balart, Hawkes, Mortham,
King, Pruitt, Cosgrove, Wise, Brown, Geller, Sansom, Grindle, Tobin,
Hawkins, Lippman, Hill, Feeney, Garcia, Kelly, Reaves, Mitchell, Lewis,
Mishkin, McEwan, Jennings, Foley, Flagg, Rush, Daryl Jones and
Sembler-
HB 479-A bill to be entitled An act relating to the lottery; amending
s. 24.105, F.S.; directing the Department of the Lottery to adopt rules with
respect to the payment of grand prizes in Lotto to permit the winner to take
the prize as an annuity or in a lump sum; providing an effective date.
Referred to the Committees on Regulated Services & Technology,
Finance & Taxation and Appropriations.

By Representatives Holland, Mitchell, Rush and Kelly-
HB 481-A bill to be entitled An act relating to personal watercraft;
amending s. 327.39, F.S.; prohibiting persons from knowingly leasing,
hiring, or renting personal watercraft to persons under 16 years of age;
amending s. 327.54, F.S.; conforming to the act; requiring the posting of
safety rules at liveries which rent personal watercraft; providing a penalty;
providing an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Foley--
HB 483-A bill to be entitled An act relating to community colleges;
creating s. 240.3255, F.S.; requiring a personal wellness appraisal and
improvement course for graduation; providing for course content;
providing for rules; providing an effective date.
Referred to the Committees on Postsecondary Education and
Appropriations.

By Representative Graham--
HJR 485-A joint resolution proposing the creation of Section 19 of

Article III and Section 20 of Article XII of the State Constitution relating
to terms of legislators.

36

s. 216.292, F.S.; revising limitations on certain appropriations transfers;
amending s. 216.164, F.S.; authorizing the Governor to submit certain
budgets for state agencies; amending s. 216.262, F.S.; authorizing the
transfer of certain positions; amending s. 216.178, F.S., and creating ss.
216.183, 216.052, 216.053, 11.081, and 215.3206, F.S.; providing for

E OF REPRESENTATIVES January 14, 1992

Referred to the Committee on Ethics & Elections.

By Representatives Harden, Hanson and Cosgrove-
HB 487-A bill to be entitled An act relating to evaluation of judicial
performance; providing findings; creating a statewide commission on
judicial performance; providing membership, terms, powers, and duties;
providing immunities from liability; requiring the commission to conduct
evaluations of justices and judges subject to retention or election; providing
for narrative profiles and recommendations; providing an opportunity to
respond; providing for release to the public; providing for review and
repeal; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Lewis, Tobin, Harris, Ostrau, Mackenzie, Rayson,
Goode, K. Smith, Sansom, Rojas, Healey, Foley, Chinoy, Lippman,
Holland, Simone, Rush, Mishkin, Brown, Wise, De Grandy, Pruitt,
Laurent, Jennings, Mortham, Clark, Stafford, Banjanin, Kelly, Arnold,
Starks, Sembler, Gordon, Roberts, Stone, Frankel and Sanderson-
HB 489-A bill to be entitled An act relating to health insurance;
amending ss. 627.6418 and 627.6613, F.S.; providing coverage for
mammograms with or without a prescription; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representatives Lewis and Cosgrove-
HB 491-A bill to be entitled An act relating to civil liability; providing
a definition; limiting civil liability for certain farmers who gratuitously
allow certain persons to enter upon their land to remove crops remaining
in the fields following harvesting; providing an exception; providing an
effective date.
Referred to the Committee on Judiciary.

By Representative Hawkes-
HB 493-A bill to be entitled An act relating to credit rating agencies;
creating the Florida Fair Credit Reporting Act; providing definitions;
providing a limitation on certain fees; requiring notification to the
consumer of certain negative information; providing liability for the
inclusion of false information; providing for rules by the Department of
Banking and Finance; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representatives Flagg, Pruitt, K. Smith, Liberti, Chestnut and
Lewis-
HB 495-A bill to be entitled An act relating to water management
districts; amending s. 373.079, F.S.; requiring water management districts
to employ a chief internal auditor; providing for qualifications of and
performance of audits by the chief internal auditor; providing an effective
date.
Referred to the Committees on Natural Resources and Appropriations.

By Representatives Saunders, Sanderson and Bronson-
HB 497-A bill to be entitled An act relating to the state budget
process; amending s. 215.01, F.S.; changing the fiscal year of the state;
amending s. 11.401, F.S.; providing for an independent audit of the Office
of Policy Analysis and Agency Review; amending s. 11.51, F.S.; providing
for general revenue funding of the Office of Policy Analysis and Agency
Review; amending s. 11.513, F.S.; requiring certain components of agency
functional plans to be used in agency evaluation and justification reviews;
amending s. 215.32, F.S.; limiting uses of Working Capital Fund moneys;
amending s. 216.181, F.S.; providing for control of annual salary rates by
state agencies; amending s. 216.151, F.S.; revising duties of the Executive
Office of the Governor with respect to planning and budgeting; amending

JOURNAL OF THE HOUSE OF REPRESENTATIVES

oversight of agency budgets; providing criteria for legislative budget
requests; providing a format and procedure for general appropriations
bills; requiring a final budget report by the Office of Planning and
Budgeting; specifying contents of the report; imposing a limit on bills
presented to the Governor for approval; providing for review and
accounting of certain funds; providing for the abolishment of specified
trust funds and the reversion of assets in such funds to the General
Revenue Fund; providing for future abolishment of specified trust funds;
providing for the appropriation of such funds; providing limitations on
funding of specified state programs and activities; amending s. 186.003,
F.S.; redefining "state agency functional plan"; amending s. 186.021, F.S.;
revising the required contents of state agency functional plans; amending
s. 186.022, F.S.; providing for preparation, form, and review of state agency
functional plans; requiring the Legislature to establish a Joint Committee
on Strategic Planning to oversee the state planning processes; providing
committee responsibilities; requiring the Administration Commission to
adopt performance measures for state agencies; requiring each state agency
to adopt an annual performance productivity plan; providing duties of
agency chief internal auditors; requiring the Governor to report on agency
productivity; specifying the contents of productivity plans; requiring the
Department of Administration to establish a productivity enhancement
program; specifying program contents; renaming the Meritorious Service
Awards Program as the Productivity Bonus Program; providing program
contents; requiring the Department of Administration to establish a
Reversion Reprogramming and Recovery Reward Program; providing
program contents; requiring the department to develop guidelines and
rules for such programs; amending ss. 186.007 and 186.031, F.S.; providing
for revision of the state comprehensive plan; requiring the Governor to
make an annual report; amending ss. 216.044, 216.0445, 216.131, 216.0154,
216.141, 216.0158, 216.163, and 216.023, F.S.; providing procedures for
legislative budget requests and correcting cross references; amending s.
216.212, F.S.; requiring use of federal funds; amending s. 215.93, F.S.;
requiring implementation of the Florida Fiscal Accounting Management
Information System by a certain date; repealing ss. 216.031 and 216.043,
F.S., relating to budgets for operational expenditures and fixed capital
outlay; providing an effective date.
Referred to the Committee on Appropriations.

By Representatives Hawkes, Corr and Feeney-
HB 499-A bill to be entitled An act relating to county officers;
amending s. 145.19, F.S.; authorizing the adjustment of county officers'
salaries; providing procedures; providing notice; providing duties of the
Department of Community Affairs; providing an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representatives Hawkes, Long and Mishkin-
HB 501-A bill to be entitled An act relating to education; creating the
"Blind Persons' Literacy Rights and Education Act"; providing definitions;
providing for assessment of blind students and development of
individualized education programs; providing for Braille instruction;
providing requirements for an individualized education program;
providing teacher certification requirements; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Gutman--
HJR 503- A joint resolution proposing an amendment to Section 3 of
Article VII of the State Constitution relating to ad valorem taxation of
elderly persons' homesteads.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Long--
HB 505-A bill to be entitled An act relating to ad valorem tax
exemptions; amending s. 196.081, F.S., which provides an exemption for
the homestead of a totally and permanently disabled veteran; specifying
that said section applies to both male and female veterans; providing that

37

Referred to the Committees on Veterans & Military Affairs &
Emergency Preparedness, Finance & Taxation and Appropriations.

By Representatives Mishkin, Bronson, Brown and Bloom-
HB 507-A bill to be entitled An act relating to domestic violence;
amending s. 741.30, F.S.; providing criteria for the issuance of mutual
orders of protection; providing for the effect of such orders; providing an
effective date.
Referred to the Committee on Criminal Justice.

By Representatives Reddick, Kelly, Cosgrove, Brennan, Viscusi, Bloom,
Hawkes, Clark, Sanderson, Foley, Sindler, Reaves, Holzendorf, Goode,
Feeney, Hoffmann, Holland, Gordon, Rudd, Graber, Rayson, Geller,
Young, Lippman and Brown-
HJR 509-A joint resolution proposing an amendment to Section 3 of
Article VII and the creation of Section 20 of Article XII of the State
Constitution relating to ad valorem tax exemption.
Referred to the Committees on Tourism, Hospitality & Economic
Development, Finance & Taxation and Appropriations.

By Representatives Reddick, Kelly and Cosgrove-
HB 511-A bill to be entitled An act relating to ad valorem tax
exemption; amending s. 196.012, F.S.; providing a definition; creating s.
196.1997, F.S.; authorizing counties and municipalities to grant historic
preservation ad valorem tax exemptions; requiring a referendum; requiring
the adoption of an ordinance; providing procedures for claiming the
exemption; authorizing the Department of State to adopt rules; providing
a contingent effective date.
Referred to the Committees on Tourism, Hospitality & Economic
Development, Finance & Taxation and Appropriations.

By Representative Starks-
HB 513-A bill to be entitled An act relating to the state lottery;
amending ss. 24.115 and 24.121, F.S.; revising the disposition of unclaimed
prize money; providing an effective date.
Referred to the Committees on Regulated Services & Technology,
Finance & Taxation and Appropriations.

By Representative Young-
HB 515-A bill to be entitled An act relating to the Florida Retirement
System; amending s. 121.055, F.S.; providing for compulsory participation
in the Senior Management Service Class for a specified number of state
attorneys and public defenders; providing for payment of specified
insurance coverage; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By the Committee on Regulatory Reform; Representative Tobin-
HB 517-A bill to be entitled An act relating to construction
contracting; amending s. 489.105, F.S.; redefining the term "contractor";
including in the term "contractor" the term "specialty contractor";
amending s. 489.109, F.S.; providing a 90-day grace period for license
inactivation; amending s. 489.113, F.S.; limiting the nature of the specialty
contractor classification; providing that the addition of a new profession
to the part does not limit the job scope of an established profession;
amending s. 489.115, F.S.; clarifying language with respect to certification
criteria; amending s. 489.117, F.S.; limiting the types of locally licensed
contractors who may be required to register; creating s. 489.124, F.S.;
requiring contractors to maintain business records; amending s. 489.129,
F.S.; providing additional grounds for discipline; amending s. 489.131, F.S.;
revising language with respect to applicability; clarifying terminology with
respect to occupational licenses; amending s. 489.503, F.S.; providing an
additional exemption to contracting registration requirements; amending
s. 489.511, F.S.; providing that the board shall provide, by rule, for the

such veteran's widow or widower may transfer the exemption to another
residence under certain circumstances; providing an effective date.

January 14, 1992

scope of work and responsibility of specialty contractors; providing
effective dates.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committee on Appropriations.

By Representatives Rush, Flagg, Rayson, Mackenzie, Wallace, Tobin,
Glickman, Ostrau, Lippman, Peeples, Jennings, Mishkin, Reddick, Bloom,
Langton and Rojas-
HB 519-A bill to be entitled An act relating to convenience store
security; amending s. 812.171, F.S.; revising the definition of the term
"convenience store"; amending s. 812.172, F.S.; providing for the
applicability of provisions relating to convenience stores; providing for
statewide security standards; amending s. 812.173, F.S.; revising language
with respect to convenience store security; providing for additional security
measures; amending s. 812.174, F.S.; revising language with respect to the
training of certain employees; amending s. 812.175, F.S.; providing for
enforcement; creating the Convenience Store Security Act Trust Fund;
providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representative Foley-
HB 521-A bill to be entitled An act relating to securities transactions;
amending s. 517.061, F.S.; exempting certain securities from registration;
specifying disposition of proceeds from the sale of such securities;
providing exclusions from the exemption; providing for filing a notice of
issuance with the Division of Securities; requiring a filing fee; providing an
effective date.
Referred to the Committees on Commerce, Finance & Taxation and
Appropriations.

By Representative K. Smith-
HB 523-A bill to be entitled An act relating to ad valorem taxation;
amending s. 196.199, F.S.; providing that property of a municipality used
for the generation or transmission of electric power for sale and located
outside the county in which the municipality is located shall be subject to
ad valorem taxation; providing an effective date.
Ra.frrpl +fn +fbp CnrniffP nnr rvm,,;4 AffC:n V;--Y^a r,-- F -

care services as agent of the governmental contractor; providing an
exception; providing definitions; requiring agency contracts and specifying
terms thereof; providing for access to patient records by governmental
contractors and exempting from the public records law patient records,
adverse incident reports, and patient treatment outcome information
obtained by governmental contractors; providing for future legislative
review of this exemption pursuant to the Open Government Sunset Review
Act; requiring governmental contractors to establish quality assurance
programs; providing for right of control by the governmental contractor;
requiring providers electing to be compensated rather than voluntary
providers under agency contracts to further elect under such contracts
either a percentage reduction in compensation or a percentage of care to
be uncompensated; requiring the establishment of governmental
contractor claims funds and excess claims funds; requiring adverse
incident and treatment outcome reporting; requiring certain notice;
providing for rulemaking; requiring a patient health care treatment and
access evaluation methodology and reporting; providing for review and
repeal; amending s. 768.28, F.S.; expanding agency to include providers of
health care services pursuant to agency contracts with governmental
contractors, and reenacting ss. 766.203(1) and 766.207(1), F.S., relating to
presuit investigation and voluntary binding arbitration of medical
negligence claims, to incorporate said amendment in references thereto;
providing an effective date.
Referred to the Committees on Health Care and Appropriations.

HM 531-Withdrawn

By Representative Tobin--
HB 533-A bill to be entitled An act relating to sellers of travel;
amending s. 559.927, F.S.; revising language with respect to an exemption
for certain sellers of travel services who are engaged solely in offering
diving services; providing an effective date.
Referred to the Committees on Tourism, Hospitality & Economic

mm ees on ommun y ars, nance ax
and Appropriations.

By Representative Thomas-
HB 525-A bill to be entitled An act relating to inmate release;
amending s. 944.275, F.S.; prohibiting eligibility for gain-time to offenders
convicted of specified violent felonies, and reenacting ss. 775.087(2)(a) and
893.13(1)(e)1., F.S., to incorporate said amendment in references thereto;
amending s. 775.084, F.S., relating to habitual offenders, to conform;
amending ss. 944.605 and 947.177, F.S., relating to inmate release notice;
requiring notice to the chief of police; providing effective dates.
Referred to the Committees on Corrections and Appropriations.

By Representatives Rayson and De Grandy-
HB 527-A bill to be entitled An act relating to aging and adult
services; amending ss. 410.033 and 410.035, F.S.; providing for subsidy
payments to providers of goods and services under the home care program
for disabled adults and elderly persons; authorizing payment for goods and
for extraordinary medical, dental, or pharmaceutical expenses, as a special
supplement; providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representatives Albright, Guber, Kelly, Bloom, Gordon, Sanderson,
Grindle, Flagg, Thomas, King, Hill, Arnall, Mims, Graham, Graber, Tobin,
Foley, Tobiassen, Dennis Jones, Ritchie, Sansom, Holland, Simone,
Sembler, Bronson, Lewis, Mitchell, K. Smith, Boyd, C. Smith, Mortham,
Buddy Johnson, Stone and Hawkins-
HB 529-A bill to be entitled An act relating to health care; creating
s. 766.1115, F.S.; creating the "Access to Health Care Act of 1992";
authorizing governmental contractors to execute contracts with health care
providers for either the voluntary or the compensated delivery of health

By Representative Martinez-
HB 535-A bill to be entitled An act relating to state attorneys and
public defenders; amending ss. 27.38 and 27.60, F.S.; expanding budget
transfer authority of state attorneys and public defenders; providing for
carryforward of unexpended funds appropriated to state attorneys and
public defenders; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Flagg-
HB 537-A bill to be entitled An act relating to the Governor; creating
s. 14.27, F.S.; creating the Office of the Chief Inspector General within the
Executive Office of the Governor; providing for the appointment of the
Chief Inspector General; providing powers and duties; repealing s. 14.26,
F.S.; eliminating the Citizen's Assistance Office within the Executive
Office of the Governor; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Flagg-
HB 539-A bill to be entitled An act relating to fraudulent practices;
creating s. 817.568, F.S.; prohibiting persons from making false, fictitious,
or fraudulent claims to any employee or agent of the state; providing
penalties; creating s. 817.569, F.S.; prohibiting persons from knowingly
making false, fictitious, or fraudulent statements or falsifying, concealing,
or covering up a material fact in any matter within the jurisdiction of any
agency or department of the state; providing penalties; providing an
effective date.
Referred to the Committees on Criminal Justice and Appropriations.

38

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Ascherl-
HB 541-A bill to be entitled An act relating to firefighters; amending
s. 112.191, F.S.; revising language with respect to death benefits payable
to firefighters killed in the line of duty; providing for retroactive
application; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Feeney-
HB 543-A bill to be entitled An act relating to insurance fraud;
amending s. 626.902, F.S.; providing a penalty for representing
unauthorized insurers; amending s. 626.989, F.S.; providing an exemption
from subpoena for certain persons in civil actions; providing that certain
investigators are eligible for membership in the Special Risk Class of the
Florida Retirement System; creating s. 626.9891, F.S.; creating the
Insurance Fraud Forfeiture and Investigative Support Trust Fund;
providing for deposit of certain moneys into the fund; providing for use of
such moneys; amending s. 817.234, F.S.; providing that presenting false,
incomplete, or misleading information in applying for an insurance policy
is a felony; defining "insurer"; amending s. 843.08, F.S.; making the
personating of certain investigators a felony; amending s. 895.02, F.S.;
including as a "racketeering activity" certain activities related to
unauthorized insurers; amending s. 932.704, F.S.; providing for disposition
of certain proceeds into the Insurance Fraud Forfeiture and Investigative
Support Trust Fund; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Holland-
HB 545-A bill to be entitled An act relating to elections; amending ss.
99.092, 99.093, and 105.031, F.S.; reducing the candidate filing fee and
municipal election assessment; eliminating related fund transfer language;
amending s. 99.103, F.S., to conform; amending s. 102.112, F.S.; providing
for deposit into the General Revenue Fund of fines for late submission of
county returns for the election of federal or state officers; amending s.
106.023, F.S.; correcting a cross reference; amending ss. 106.04, 106.07, and
106.29, F.S.; eliminating an assessment on contributions received by
committees of continuous existence, political committees, and state and
county executive committees of political parties; providing for deposit into
the General Revenue Fund of fines for late filing of reports; providing
restrictions on certain contributions received by a state or county executive
committee of a political party; amending s. 106.08, F.S.; providing
restrictions on contributions received by candidates for partisan statewide
office or by the chairman, campaign treasurer, or deputy campaign
treasurer of a political committee supporting or opposing such a candidate;
creating s. 106.081, F.S.; providing campaign expenditure limitations for
candidates for Governor or member of the Cabinet; creating s. 106.082,
F.S.; creating public election campaign financing trust funds for candidates
for Governor or member of the Cabinet; requiring such candidates to turn
over specified percentages of certain contributions to the trust funds;
providing for disbursement of moneys in the trust funds to qualified
candidates; providing standards for qualification and limits on
disbursements per election; amending s. 106.141, F.S.; revising provisions
relating to disposition of surplus funds to conform; amending s. 106.19,
F.S.; providing penalties; amending s. 106.22, F.S.; conforming language;
amending s. 106.265, F.S., and repealing subsection (4), relating to deposit
of fines into the Election Campaign Financing Trust Fund; providing for
deposit of civil penalties into the General Revenue Fund; amending ss.
327.25 and 607.1622, F.S.; eliminating language permitting voluntary
contributions to the Election Campaign Financing Trust Fund from vessel
registration forms and annual corporate reports; repealing ss. 106.30-
106.36, F.S., the Florida Election Campaign Financing Act; repealing ss.
199.052(14), 320.02(13), and 322.08(7), F.S., relating to language
permitting voluntary contributions to the Election Campaign Financing
Trust Fund on annual intangible tax returns, motor vehicle registrations,
and driver's license applications, respectively; repealing s. 34, ch. 91-107,

Laws of Florida, relating to a study of state taxes and their assessment
forms by the Department of Revenue for purposes of voluntary

contributions to the Election Campaign Financing Trust Fund; providing
an effective date.
Referred to the Committees on Ethics & Elections, Finance & Taxation
and Appropriations.

By Representative Holland-
HB 547-A bill to be entitled An act relating to advertising; prohibiting
advertising or promoting alcoholic beverages, cigarettes, or tobacco
products; providing penalties; creating the Addictions Education Trust
Fund within the Department of Education; providing for uses of trust fund
moneys; providing an effective date.
Referred to the Committees on Regulated Industries and
Appropriations.

By Representative Bainter-
HJR 549-A joint resolution proposing an amendment to Section 15 of
Article III and the creation of Section 19 of Article III and Section 20 of
Article XII of the State Constitution relating to terms of members of the
Legislature.
Referred to the Committees on Ethics & Elections and Appropriations.

By Representative Hanson-
HB 551-A bill to be entitled An act relating to bonding; creating the
Florida Local Governments Truth-in-Bonding Act of 1992; amending s.
218.385, F.S.; requiring a truth-in-bonding statement prior to the award of
certain bonds; providing for the form of the statement; providing for the
effect of the statement; providing an effective date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representatives Daryl Jones, Bloom, Gordon, Simone and
Lippman-
HB 553-A bill to be entitled An act relating to midwifery; amending
s. 467.002, F.S.; modifying legislative intent; amending s. 467.003, F.S.;
revising definitions of terms to conform to the act; revising the minimum
age requirement; amending s. 467.004, F.S.; redesignating the Advisory
Council of Lay Midwifery as the Council of Licensed Midwifery; revising
council membership; providing duties of the council; providing for
reimbursement of per diem and travel expenses of members of the council;
amending s. 467.006, F.S.; repealing provisions that restricted eligibility for
a license to practice midwifery to nurses; repealing obsolete provisions;
providing eligibility requirements for licensure or relicensure of specified
persons; amending s. 467.009, F.S.; providing for midwifery educational
programs; providing criteria for acceptance into an approved midwifery
program; requiring publicly funded hospitals and birthing centers to allow
observation by student midwives of certain obstetrical procedures;
amending s. 467.011, F.S.; requiring the board to develop the licensure
examination; providing for testing in core competencies; requiring the
department to issue a license to an applicant who has graduated from an
approved midwifery program and passed the examination, upon payment
of the licensure fee; creating s. 467.0125, F.S.; providing for licensure by
endorsement; providing for issuance of a temporary certificate to practice
midwifery under certain circumstances; providing a fee; providing for
revocation of the certificate; amending s. 467.013, F.S.; requiring training
and examination to reinstate a suspended license; creating s. 467.0135, F.S.;
providing fees for examination, licensure, license renewal, licensure by
endorsement, and inactive license status; amending s. 467.015, F.S.;
revising the responsibilities of midwives; requiring the department to
develop guidelines to identify high-risk pregnancies; allowing midwives to
administer certain drugs and medications; amending s. 467.201, F.S.;
increasing criminal penalties for specified violations of chapter 467, F.S.;
amending s. 467.205, F.S.; providing for department approval of midwifery
programs; amending s. 467.209, F.S.; providing that the reenactment of
chapter 467 does not affect pending judicial or administrative proceedings;

providing a saving clause for current licensees; amending s. 409.908, F.S.;
excluding licensed midwives from Medicaid reimbursement for home

39

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

deliveries; amending s. 627.351, F.S.; including licensed midwives within
the definition of the term "health care provider" for the purpose of medical
malpractice risk apportionment; saving provisions of chapter 467, F.S.,
from repeal scheduled pursuant to the Regulatory Sunset Act and the
Sundown Act; providing for future repeal and legislative review of chapter
467, F.S.; repealing s. 467.202, F.S., relating to injunctions; providing an
effective date.
Referred to the Committees on Health Care, Finance & Taxation and
Appropriations.

By Representative Hanson-
HB 555-SF-A bill to be entitled A proposal relating to community
colleges.
Referred to the Committees on Postsecondary Education and
Appropriations.

By Representatives Geller and Graber-
HB 557-A bill to be entitled An act relating to consumer collection
practices; amending s. 559.55, F.S.; providing definitions; creating ss.
559.553-559.712, F.S.; requiring licensure of collection agencies and
registration of collection agency employees by the Department of Banking
and Finance; providing for application forms, fees, and periods; providing
for license requirements; providing for license denials; providing for a
surety bond; providing registration requirements; providing for powers of
the department; providing for imposition of a fine; providing for
rulemaking authority; providing grounds for disciplinary action; providing
for disciplinary actions of the department; providing for investigations;
providing for costs; providing for complaints; providing for confidentiality
of certain information; providing for privilege against civil liability;
providing requirements for books and records; providing for deposits into
the Regulatory Trust Fund of the Division of Finance of the department;
providing criteria for trust accounts; providing procedure for validation of
debts; providing procedure for communication to debtor; providing
requirements for legal suits against debtor; amending s. 559.715, F.S.;
replacing "claim" with "debt"; amending s. 559.72, F.S.; providing a new
prohibited practice; amending s. 559.77, F.S.; providing for venue;
amending s. 559.78, F.S.; providing for jurisdiction; creating s. 559.781,
F.S.; providing for penalties; providing for review and repeal; providing an
effective date.
Referred to the Committees on Regulatory Reform, Finance & Taxation
and Appropriations.

By Representatives Gordon and Rush-
HB 559-A bill to be entitled An act relating to immunity; providing
immunity to physicians or hospitals for uncompensated treatment of
breast cancer; providing an exception; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Flagg-
HB 561-A bill to be entitled An act relating to license taxes on mobile
homes; amending s. 320.08, F.S.; allowing county commissions to choose an
alternative method for taxing mobile homes; allowing county commissions
to determine the rate of taxation under the alternative method; requiring
the tax collector to ascertain certain information; amending s. 320.081,
F.S.; conforming that section to the amendments to s. 320.08, F.S.;
providing an effective date.
Referred to the Committees on Judiciary, Finance & Taxation and
Appropriations.

By Representative Trammell--
HB 563-A bill to be entitled An act relating to jury service; amending
s. 40.013, F.S.; including members of the Florida Highway Patrol in a list

of persons not qualified for jury service; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Lombard-
HB 565-A bill to be entitled An act relating to bridge designation;
designating the footbridge across the Grand Canal on Midnight Pass Road
(State Road No. 758) as the "Colonel Robert Webb Tribolet Bridge";
directing the Department of Transportation to affix a plaque or erect
appropriate markers; providing an effective date.
Referred to the Committees on Transportation and Appropriations.

By Representatives Liberti and Rush-
HB 567-A bill to be entitled An act relating to transportation of school
children; amending s. 234.01, F.S.; prohibiting school boards from
transporting students more than one-half hour to or from school; providing
exceptions; providing an effective date.
Referred to the Committee on Public Schools.

By Representative Cosgrove-
HB 569-A bill to be entitled An act relating to estate taxes; creating
s. 198.125, F.S.; providing the fee for issuance of a nontaxable certificate;
providing for disposition thereof; amending s. 198.34, F.S., to conform;
providing an effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representatives Sanderson and Stafford-
HB 571-A bill to be entitled An act relating to theft, robbery, and
related crimes; creating s. 812.131, F.S.; providing definitions; prohibiting
home-invasion robbery; providing a penalty; providing for the application
of the section with respect to certain other provisions of law; providing an
effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Lawson, Webster, Bainter, Crady, Albright,
Bronson, Brown and Wise-
HB 573-A bill to be entitled An act relating to employment of minors;
amending s. 450.021, F.S.; lowering the minimum age for gainful
occupation of minors; amending s. 450.061, F.S.; removing a prohibited
hazardous occupation for minors under a certain age; correcting a
grammatical error; providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Rush-
HB 575-A bill to be entitled An act relating to intentional torts
committed against a spouse or child; creating s. 768.0417, F.S.; establishing
a civil cause of action; providing for an abatement period with respect to
commencement of the running of the statute of limitations; providing that
an action survives the death of the injured party; providing that judgment
may not be discharged in bankruptcy; providing for the set-off of certain
alimony or child support awards; creating s. 61.125, F.S.; authorizing the
award of certain expenses of an abused spouse or child in an order requiring
the abusing spouse to pay alimony or child support and providing for set-
off of such amount against a damages award in a civil action; amending ss.
95.031, 95.051, and 95.11, F.S., relating to the running of the statute of
limitations, to conform; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Cosgrove-
HB 577-A bill to be entitled An act relating to the Florida Public
Service Commission; making the position of commissioner elective;
providing qualifications for commissioners; providing for commission
districts; prescribing duties of the Division of Elections; amending ss.
100.041, 100.101, 350.01, F.S., to conform; repealing ss. 350.001, 350.031,
F.S., relating to appointment of commissioners; providing an effective
date.

Referred to the Committees on Regulated Services & Technology and
Appropriations.

40

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

HB 579-Withdrawn

HB 581-Withdrawn

By Representative Liberti-
HB 583-A bill to be entitled An act relating to leaving the scene of a
motor vehicle accident; amending ss. 316.027 and 782.071, F.S.; increasing
criminal penalties, and reenacting ss. 316.066(3)(a), 316.655(4), and
318.17(2), relating to written accident reports, penalties, and excepted
offenses, to incorporate said amendment in references thereto; providing
an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Hoffmann-
HB 585-A bill to be entitled An act relating to probate; amending s.
732.517, F.S.; revising language with respect to the penalty clause in a will
with respect to persons who contest the will; providing an effective date.
Referred to the Committees on Judiciary.

By the Committee on Governmental Operations; Representatives Figg
and Holzendorf-
HB 587-A bill to be entitled An act relating to confidentiality of
information relating to hazardous substances; amending s. 501.075, F.S.,
which provides an exemption from public records requirements for trade
secrets relating to methods of process of hazardous substances; saving such
exemption from repeal; providing for future review and repeal; providing
an effective date.
Placed on the Calendar without reference.

By the Committee on Governmental Operations; Representatives Figg
and Holzendorf-
HB 589-A bill to be entitled An act relating to the confidentiality of
information obtained by the Department of Business Regulation;
amending ss. 550.241 and 561.19, F.S., which provide exemptions from
public records requirements for information relating to positive drug
testing results of racing animals and information relating to the drawing
results for alcoholic beverage licenses; revising the exemptions and saving
them from repeal; amending s. 561.67, F.S., which provides an exemption
from public records requirements by requiring alcoholic beverage
distributors to request reclamation authorization in writing; saving such
exemption from repeal; providing for future review and repeal; providing
an effective date.
Placed on the Calendar without reference.

By the Committee on Governmental Operations; Representatives Figg
and Holzendorf-
HB 591-A bill to be entitled An act relating to confidentiality of
information pertaining to agriculture and citrus; amending ss. 502.222 and
601.57, F.S., which provide exemptions from public records requirements
for dairy industry trade secrets and certain criminal justice information
obtained by the Department of Citrus; saving such exemptions from repeal;
providing for future review and repeal; amending ss. 570.48, 581.199,
589.08, 601.15, 601.152, and 601.76, F.S., which provide exemptions from
public records requirements for certain information obtained by the
Division of Fruit and Vegetable Inspection, certain plant industry
information, appraisal reports relating to land subject to acquisition by the
Division of Forestry, information obtained in connection with special citrus
marketing orders, certain information connected with citrus advertising
and incentive programs, and trade secrets relating to citrus coloring
formulas; revising and clarifying the exemptions and saving them from
repeal; providing for future review and repeal; amending ss. 573.111,
601.154, and 616.15, F.S., which provide exemptions from public records
requirements by requiring a written request to obtain a copy of a notice of
issuance of a marketing order or a permit to hold a public fair or exposition;

repealing the exemptions; amending s. 570.07, F.S.; removing restrictions
on the provision of information to consumers by the Department of

Agriculture and Consumer Services; amending s. 573.123, F.S., which
provides an exemption from public records requirements for information
obtained in connection with agricultural commodity marketing orders;
revising the exemption and saving it from repeal; amending s. 580.141, F.S.;
revising provisions relating to publication of information concerning feeds
and feedstuffs; repealing s. 573.1301, F.S., which provides for the repeal of
parts IV, V, and VI of chapter 573, F.S., relating to soybean, flue-cured
tobacco, and peanut marketing orders, upon the issuance of marketing
orders under the Florida Agricultural Commodities Marketing Law;
repealing parts II, III, IV, V, and VI of chapter 573, F.S., relating to foliage
plant, watermelon, soybean, flue-cured tobacco, and peanut marketing
orders; providing an effective date.
Placed on the Calendar without reference.

By Representatives Diaz-Balart, Mishkin and Bainter-
HB 593-A bill to be entitled An act relating to uniform traffic control;
amending s. 316.2015, F.S.; prohibiting certain minors from riding within
the body of a pickup truck or flatbed truck; providing exceptions; providing
a penalty; providing an effective date.
Referred to the Committee on Transportation.

By Representative Clemons-
HB 595-A bill to be entitled An act relating to early education and
child care; providing for the consolidation of the subsidized child care
program for specified children and the prekindergarten early intervention
program; providing for administration by the Department of Education;
providing for rules and departmental cooperation; providing for
implementation; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Healey-
HB 597-A bill to be entitled An act relating to juvenile justice;
amending s. 39.044, F.S.; revising detention criteria, and reenacting ss.
39.01(17), 39.037(1), 39.038(4), 39.042(3)(b)1., 39.049(5), 39.064(1), and
39.402(4), F.S., relating to definitions, taking a child into custody, release
from custody, use of detention, process and service, detention of
furloughed child, and placement in a shelter, to incorporate said
amendment in references thereto; amending s. 39.048, F.S.; deleting speedy
trial provisions and revising adjudicatory hearing timeframes; amending s.
39.029, F.S.; deleting a speedy trial provision; reenacting and amending s.
39.052, F.S., relating to hearings; authorizing a longer period of time for
motions to transfer for criminal prosecution, and reenacting ss. 39.01(55),
39.022(5)(a), and 39.047(4)(e), F.S., relating to definitions, jurisdiction,
and intake and case management, to incorporate said amendment in
references thereto; amending s. 39.054, F.S.; requiring community control
supervisors to inform the court of violations; authorizing supervision for up
to 6 months on a misdemeanor of the second degree violation; amending
s. 39.058, F.S., relating to serious or habitual offenders, to conform;
amending s. 39.01, F.S.; revising the definition of serious or habitual
juvenile offender; amending s. 39.038, F.S.; requiring the child to join in a
release from custody agreement; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Starks-
HB 599-A bill to be entitled An act for the relief of Seminole County
and the City of Lake Mary; providing an appropriation to reimburse the
county and city for right-of-way costs relating to the improvement of East
Road; providing an effective date.
Referred to the Committee on Claims.

By Representative Press-
HB 601-A bill to be entitled An act for the relief of Marshall D.
Simmons and Alicia Simmons, a minor; providing an appropriation to
compensate them for the wrongful death of Kathy Ann Simmons, wife and
mother, and other damages sustained in an auto accident resulting from

the negligence of the Department of Transportation; providing an effective
date.

January 14, 1992

41

42

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committee on Claims.

By Representative Silver-
HB 603-A bill to be entitled An act relating to bingo; amending s.
849.093, F.S.; revising the definitions of "authorized organization,"
"distributor," and "licensee"; revising requirements relating to a report by
the Division of Pari-mutuel Wagering; revising the applicability of
background check requirements; revising requirements relating to the
times when bingo may be conducted; providing that licensed distributors
may lease property for the conduct of bingo and providing lease
requirements; revising the authorized uses of amounts paid for the lease
of premises to conduct bingo; authorizing compensation of members of an
authorized organization who conduct bingo; providing an effective date.
Referred to the Committees on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Garcia-
HJR 605-A joint resolution proposing an amendment to Section 3 of
Article VII of the State Constitution relating to ad valorem taxation of
elderly persons' homestead property.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Garcia-
HB 607-A bill to be entitled An act relating to child safety restraints;
amending s. 316.613, F.S.; increasing the age requirement for the use of
certain child restraint devices; providing that failure to comply with child
restraint requirements in certain cases may be considered vehicular
homicide; providing an effective date.
Referred to the Committees on Transportation and Appropriations.

By Representative Feeney-
HB 609-A bill to be entitled An act relating to evidence; creating the
Exclusionary Rule Act; providing definitions; providing for suppressing
certain evidence under certain circumstances; providing procedures for
suppressing evidence; providing for special damages; providing an effective
date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Mims and Gordon-
HB 611-A bill to be entitled An act relating to sexual battery; creating
s. 794.005, F.S.; providing legislative findings and intent as to the basic
charge of sexual battery; amending s. 794.011, F.S., to clarify that the
offense described in s. 794.011(5), F.S., is a lesser included offense in any
sexual battery offense charged under s. 794.011(3) or (4), and reenacting
s. 794.023(2), F.S., relating to multiple perpetrators, to incorporate said
amendment in a reference thereto, and reenacting and amending ss.
944.033(3), 945.091(3), 946.40(4), 951.24(2)(c), and 958.09(2), F.S., relating
to community correctional centers, extension of the limits of confinement
for state prisoners, county prisoners, and youthful offenders, and use of
prisoners in public works, to incorporate said amendment in references
thereto and to delete obsolete language; amending s. 794.022, F.S.; revising
circumstances in which evidence of specific instances of prior consensual
sexual activity between the victim of sexual battery and any person other
than the offender is admissible into evidence in sexual battery
prosecutions, and reenacting s. 90.404(1)(b), F.S., relating to character
evidence, to incorporate said amendment in a reference thereto; creating
s. 794.0115, F.S.; providing ineligibility for gain-time for persons sentenced
under chapter 794, F.S.; amending s. 944.275, F.S.; prohibiting grants of
basic or incentive gain-time to offenders convicted under chapter 794, F.S.,
and reenacting and amending s. 775.084, F.S., relating to habitual and
habitual violent felony offenders, to establish ineligibility of such offenders
convicted under chapter 794, F.S., for basic or incentive gain-time;

providing effective dates.
Referred to the Committees on Criminal Justice and Appropriations.

January 14, 1992

By Representative Sansom-
HB 613-A bill to be entitled An act relating to the termination of
parental rights; amending s. 39.464, F.S.; revising language with respect to
abuse, neglect, or abandonment as a ground for termination of parental
rights; providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representatives Sansom, Sanderson, Frankel, Gordon, Press,
Glickman, Abrams and Mackenzie-
HB 615-A bill to be entitled An act relating to capital felonies;
amending s. 921.141, F.S.; providing that a defendant who establishes by
a preponderance of the evidence that he meets the definition of retardation
shall not be punished by death, and reenacting ss. 775.082(1), 782.04(1)(b),
and 794.011(2), F.S., relating to penalties, murder, and sexual battery, to
incorporate said amendment in references thereto; providing an effective
date.
Referred to the Committee on Criminal Justice.

By Representative Corr-
HB 617-SF-A bill to be entitled A proposal relating to the
Department of Education.
Referred to the Committees on Public Schools and Appropriations.

By Representative Friedman-
HB 619-A bill to be entitled An act relating to public schools;
amending s. 236.1223, F.S.; extending the writing skills program to include
the ninth grade; enabling school districts to receive categorical funds from
the state for providing instruction in writing skills to students in that
grade; amending s. 24.121, F.S.; providing for funding the extension of the
program from moneys in the Educational Enhancement Trust Fund;
providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Friedman-
HB 621-A bill to be entitled An act relating to education; amending
s. 232.2465, F.S.; providing a requirement relating to community service
work for qualification as a Florida Academic Scholar; providing an
effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Friedman-
HB 623-A bill to be entitled An act relating to environmental
regulation; creating the Wasteful Packaging Reduction Act; providing
definitions; providing legislative purpose; prohibiting the use of wasteful
packaging in the state; providing duties of the Department of
Environmental Regulation; providing for application of the act; providing
for exemptions; providing for enforcement and penalties; providing duties
of the Attorney General; providing for investigations; providing civil
actions; providing for rules; providing for an advisory committee; providing
for review and repeal; providing that local jurisdictions shall not be
prohibited from adopting more stringent regulations; providing an
effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Burke-
HB 625-A bill to be entitled An act relating to limitations of actions;
amending s. 95.11, F.S.; specifying action which triggers statute of
limitations in medical malpractice cases and providing for extension for
certain purposes, and reenacting ss. 95.051 and 768.28(12), F.S., relating to
when limitations are tolled and sovereign immunity waiver in medical
malpractice actions, to incorporate said amendment in references thereto;
amending s. 766.106, F.S.; providing for the period in which to file suit in
medical malpractice actions after receipt of notice of termination of

negotiations; providing an effective date and providing retroactive
applicability.

JOURNAL OF THE HOUSI

Referred to the Committee on Judiciary.

By Representatives Reddick, Grindle, Bainter and Brown-
HB 627-A bill to be entitled An act relating to affordable housing;
amending s. 201.02, F.S.; increasing the excise tax on deeds and other
instruments relating to real property; amending s. 201.15, F.S.; revising the
distribution of excise taxes on documents; allocating a portion of the excise
tax on documents to the State Housing Trust Fund; providing for the use
of moneys deposited in the State Housing Trust Fund; amending s.
240.5111, F.S.; requiring the Multidisciplinary Center for Affordable
Housing to establish a research agenda in cooperation with the Department
of Community Affairs; amending s. 420.0001, F.S.; providing a short title;
amending s. 420.0002, F.S.; providing legislative findings; amending s.
420.0005, F.S.; providing that funds from the State Housing Trust Fund
may be used to administer housing programs; amending s. 420.503, F.S.;
providing additional definitions under the Florida Housing Finance
Agency Act; amending s. 420.507, F.S.; revising powers of the agency with
respect to loans under the Florida Homeownership Assistance Program
and the State Apartment Incentive Loan Program; creating s. 420.5086,
F.S.; establishing the State Housing Initiatives Partnership Program;
providing legislative findings and intent; providing for administration of
the program and for rules of the program; providing application procedures
and requirements; providing for the allocation and use of funds;
establishing the State Housing Initiatives Partnership Trust Fund;
providing for the transfer into that trust fund of moneys from the State
Housing Trust Fund and other sources; providing for uses of the trust fund;
amending s. 420.5087, F.S., relating to the State Apartment Incentive Loan
Program; amending provisions relating to eligibility for loans; amending
provisions relating to allocation of loans; transferring duties of the
Department of Community Affairs to the Florida Housing Finance Agency;
amending s. 420.5088, F.S.; amending provisions relating to the Florida
Homeownership Assistance Program; amending requirements with respect
to mortgage loans; providing requirements with respect to construction
loans; providing for allocation of program funds; providing for transfer of
moneys to the Florida Homeownership Assistance Trust Fund; amending
s. 420.601, F.S.; providing a short title; amending s. 420.6015, F.S.;
providing legislative findings; amending s. 420.606, F.S.; requiring the
Department of Community Affairs to provide technical support for the
implementation of the State Housing Initiatives Partnership Program;
amending s. 420.6075, F.S.; requiring the Department of Community
Affairs to participate in establishing an annual research agenda for the
Multidisciplinary Center for Affordable Housing; amending s. 420.609,
F.S.; requiring the Affordable Housing Study Commission to make
recommendations regarding an annual research agenda for the
Multidisciplinary Center for Affordable Housing; repealing ss. 420.603,
420.604, 420.605, F.S., relating to the Florida Affordable Housing Trust
Fund, the Florida Affordable Housing Demonstration Program, and the
Affordable Housing Loan Program; repealing ss. 420.801,420.802, 420.803,
420.804, 420.805, 420.806, 420.808, 420.809, 420.810, 420.811, 420.812,
420.813, F.S., relating to the Pocket of Poverty Programs; repealing ss.
420.901, 420.902, 420.903, 420.904, 420.905, 420.906, F.S., the Maintenance
of Housing for the Elderly Act of 1988; providing an effective date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representative Figg--
HB 629-A bill to be entitled An act relating to mobile homes;
providing criteria for the assessment and collection of storage charges on
mobile homes by lienholders; providing for maximum storage charges;
providing for notice; prohibiting the owner of the real property upon which
the mobile home is located to refuse to allow the creditor to repossess the
mobile home; providing for the rights of lienholders on mobile homes
located in mobile home parks; providing for attorney's fees and costs;

providing an effective date.
Referred to the Committee on Judiciary.

January 14, 1992

under the plan and allow issuance of additional bonds; amending s.
163.370, F.S.; including public areas of certain hotels within authorized
projects in a community redevelopment area; amending s. 380.06, F.S.;
exempting certain hotel or motel developments from the requirements of
developments of regional impact; providing an effective date.

SOF REPRESENTATIVES 43

By Representative Liberti-
HB 631-SF-A bill to be entitled A proposal relating to eliminating
concurrency requirements for approved downtown developments of
regional impact.
Referred to the Committees on Community Affairs and Appropriations.

By Representatives Reddick, Mishkin and Tobin-
HB 633-A bill to be entitled An act relating to aging and adult
services; amending s. 410.022, F.S.; modifying legislative intent under the
Community Care for the Elderly Act; amending s. 410.023, F.S.; revising
the definition of "functionally impaired elderly person" to include persons
with Alzheimer's disease; providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representatives Geller and Tobin-
HM 635-A memorial to the Congress of the United States, urging
Congress to enact a National Health Plan.
Referred to the Committee on Health Care.

By Representative Thomas-
HB 637-A bill to be entitled An act relating to bingo; amending s.
849.093, F.S.; exempting certain organizations from background check
requirements, payment of application and license fees, and the
requirement to designate a bingo committee and member-in-charge;
revising reporting requirements for such organizations; revising provisions
relating to security services; providing an effective date.
Referred to the Committees on Regulated Industries, Finance &
Taxation and Appropriations.

By Representatives Viscusi, Hawkes, Feeney, Pruitt and Mims-
HB 639-A bill to be entitled An act relating to the state lottery;
amending s. 24.115, F.S.; revising the disposition of unclaimed prize money;
creating a trust fund and providing for deposit of funds therein; providing
for distribution and use of funds; providing an effective date.
Referred to the Committees on Regulated Services & Technology,
Finance & Taxation and Appropriations.

By Representatives Stone and Tobin-
HB 641-A bill to be entitled An act relating to transportation of school
students; amending s. 234.021, F.S.; clarifying the procedures for
determining a hazardous walking condition for elementary school students;
providing additional criteria for determining a hazardous walking
condition; changing the time limit for funding transportation of certain
students; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Boyd-
HB 643-A bill to be entitled An act relating to outdoor advertising;
amending s. 479.07, F.S.; providing that certain sign permits shall be
deemed void; providing for the application of the section; providing an
effective date.
Referred to the Committee on Transportation.

By Representative Bloom-
HB 645-A bill to be entitled An act relating to community
redevelopment; amending ss. 163.361, 163.362, and 163.385, F.S.; providing
that amendments to community redevelopment plans extend projects

44 JOURNAL OF THE HOUSE

Referred to the Committees on Tourism, Hospitality & Economic
Development, Finance & Taxation and Appropriations.

By Representatives Bloom and Kelly-
HB 647-A bill to be entitled An act relating to law enforcement
officers and firefighters; creating s. 112.187, F.S.; providing death benefits
for law enforcement officers and firefighters killed in the line of duty;
amending s. 943.22, F.S.; deleting language with respect to the salary
incentive program for full-time law enforcement officers which provides
that contributions shall not be required and benefits shall not be paid
under the Florida Retirement System for payments made under the
program; providing legislative intent; providing effective dates.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representatives Laurent, Foley, Jennings, Feeney and Buddy
Johnson-
HB 649-A bill to be entitled An act relating to public assistance;
amending s. 409.235, F.S.; requiring recipients of aid to families with
dependent children to submit proof of standard immunizations for
children receiving benefits; providing for suspension of benefits for failure
to comply; providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Garcia-
HB 651-A bill to be entitled An act relating to food service employees;
amending ss. 381.0072 and 509.221, F.S.; requiring persons employed in the
storage, preparation, display, or serving of food to the public to undergo
an annual physical examination; requiring the Department of Health and
Rehabilitative Services to establish requirements for the examination, to
include testing for sexually transmissible diseases and human
immunodeficiency virus; requiring that the results of the examination,
upon release by the employee, be reported to the employer; providing for
review and repeal; providing an effective date.
Referred to the Committees on Health Care and Appropriations.

By Representative Garcia-
HB 653-A bill to be entitled An act relating to public records;
amending s. 119.07, F.S.; exempting from public records requirements
invitations to bid and requests for proposals and related documents until
formal notice of the general availability thereof is provided; providing for
review and repeal; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representative Simon-
HB 655-A bill to be entitled An act relating to civil actions; amending
s. 741.24, F.S.; providing that entities damaged by the criminal mischief of
a minor may recover from the minor's parents; providing that certain
entities damaged by a minor's criminal mischief or willful destruction or
theft of property may discover the name and address of the minor and the
minor's parents; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Simon-
HB 657-A bill to be entitled An act relating to negligence; amending
s. 768.73, F.S.; limiting awards for punitive damages against an employer,
principal, or master for the acts of an employee, agent, or servant;
providing an effective date.

Referred to the Committee on Judiciary.

By Representatives Irvine and Pruitt-
HB 659-A bill to be entitled An act relating to sexually transmissible
diseases; amending s. 384.25, F.S.; revising circumstances in which the

3:

s. 236.13, F.S.; correcting a cross reference; amending s. 236.145, F.S.,
relating to residential nonpublic school contract reimbursement; revising
terminology; amending s. 240.405, F.S.; revising provisions relating to
grants for teachers for training in exceptional student education; amending
s. 242.332, F.S.; revising terminology; repealing ss. 231.532, 233.057,

- ---- ---- -- ------ --

E OF REPRESENTATIVES January 14, 1992

Department of Health and Rehabilitative Services may require subject
identification in certain reports of human immunodeficiency virus
infection; providing an effective date.
Referred to the Committees on Health Care and Appropriations.

By Representative Mims--
HB 661-A bill to be entitled An act relating to the Transportation
Disadvantaged Commission; amending s. 427.012, F.S.; increasing the
number of members on the commission; amending s. 427.013, F.S.;
providing for the goals of the commission; providing an effective date.
Referred to the Committees on Transportation and Appropriations.

By Representative Daryl Jones-
HB 663-A bill to be entitled An act relating to education; amending
s. 228.041, F.S.; revising terminology in definitions of the terms "school
day" and "exceptional student" and defining the term "year-round school";
amending s. 228.053, F.S.; correcting cross references; amending s. 228.195,
F.S.; providing for school breakfast programs for prekindergarten students;
amending s. 229.555, F.S.; requiring school improvement plans to meet
certain planning and budgeting requirements; amending s. 229.592, F.S.;
correcting cross references; amending s. 229.8341, F.S.; revising
terminology relating to services for infants and preschool children;
amending s. 230.23, F.S.; revising provisions relating to district school
board powers and duties for provision of special instruction and services
for exceptional students; amending s. 230.2303, F.S.; revising terminology
relating to the Florida First Start Program; amending s. 230.2305, F.S., and
repealing subsections (4) and (5), relating to prekindergarten early
intervention program plan approval; revising terminology; deleting
requirements for plan approval and program monitoring by the
Commissioner of Education; amending s. 230.2316, F.S.; revising provisions
relating to dropout prevention programs and program plans; deleting
provisions relating to dropout retrieval assistance programs, a dropout
prevention manual, community-based dropout prevention program grants,
grants for mini-schools as educational alternatives, and grants for
alternatives to out-of-school suspension; amending s. 230.2318, F.S.;
correcting a cross reference; amending s. 230.33, F.S.; revising provisions
relating to planned school programs with respect to duties of the
superintendent; amending s. 231.40, F.S.; revising provisions relating to
payment for staff sick leave; amending s. 231.62, F.S.; correcting a cross
reference; amending s. 232.01, F.S., relating to school attendance; revising
terminology; amending s. 232.032, F.S.; providing for automated transfer
of immunization certification; amending s. 232.246, F.S.; revising
provisions relating to funding for special instruction for certain high school
students; creating s. 232.259, F.S.; authorizing rules to assist schools and
school districts in implementing driver's license requirements; amending
s. 233.056, F.S.; revising terminology relating to certain instructional
programs; amending s. 233.07, F.S.; revising definition of the term
"instructional materials"; amending s. 233.16, F.S.; authorizing cash
deposits in lieu of bonds for instructional materials contracts; amending s.
233.18, F.S.; revising provisions relating to copies of bids, contracts, and
books; amending s. 233.25, F.S.; revising provisions relating to publishers
and manufacturers of instructional materials; amending s. 234.041, F.S.;
revising terminology relating to transportation of certain students;
amending s. 235.014, F.S.; requiring Office of Educational Facilities'
approval for specified site purchases; providing Department of General
Services' duties; amending s. 235.26, F.S.; revising provisions relating to
inspection of educational facilities; amending s. 236.081, F.S.; revising
provisions relating to a program membership survey of schools and year-
round schools; amending s. 236.0815, F.S.; revising provisions relating to
funding of additional educational services to certain high school students;
amending s. 236.083, F.S.; providing for funding for transportation to year-
round schools; amending s. 236.0835, F.S.; revising terminology; amending

JOURNAL OF THE HOUSE OF REPRESENTATIVES

233.0575, 233.0576, 233.0615, 236.022, 236.1227, and 236.135, F.S., relating
to district quality instruction incentives programs, reading programs,
mathematics/science mentor teachers, pilot projects, law education, study
of alternative methods of school finance, quality instruction incentive
categorical program, and equipment purchasing or leasing; providing
effective dates.
Referred to the Committees on Public Schools and Appropriations.

By Representative Rush-
HB 665-A bill to be entitled An act relating to capital and life felonies;
amending s. 794.011, F.S.; increasing criminal penalties to provide for
imprisonment for life without the possibility of release for 25 years for
certain second and subsequent convictions; providing capital felony
penalties for sexual battery causing serious physical injury; reenacting and
amending ss. 903.133, 944.033(3), 945.091, and 958.09(2), F.S., relating to
bail on appeal, community correctional centers, extension of the limits of
confinement, and youthful offenders, to conform; amending s. 921.141,
F.S.; prescribing a procedure under which a person convicted of a capital
felony may have the issue of his mental retardation determined by the
court in a separate proceeding; prescribing the penalty to be imposed if the
defendant is determined to be mentally retarded; amending s. 924.07, F.S.;
prescribing the state's right to appeal a determination that a person
convicted of a capital felony is mentally retarded; providing an effective
date.
Referred to the Committees on Criminal Justice and Appropriations.

HB 667-Withdrawn

By Representative Gutman-
HB 669-A bill to be entitled An act relating to the Florida Public
Education Lottery Act; amending s. 24.115, F.S.; restricting the amount of
prizes; providing for distribution of certain prize moneys; providing an
effective date.
Referred to the Committees on Regulated Services & Technology,
Finance & Taxation and Appropriations.

By Representative Brennan-
HB 671-A bill to be entitled An act relating to housing assistance;
amending s. 420.627, F.S.; revising the form of payments under the
emergency financial assistance program; providing for certain eligibility
determinations by rule of the Department of Health and Rehabilitative
Services; specifying conditions for denial of eligibility; authorizing
contracts with local service providers for administration of the program,
upon approval of a federal waiver; providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Grindle-
HB 673-A bill to be entitled An act relating to small group basic health
insurance policies; amending s. 627.6693, F.S.; providing definitions;
revising the benefits required under basic policies; requiring insurers to
offer certain additional benefits; requiring the Department of Insurance to
adopt rules; exempting basic policies from certain requirements; providing
an effective date.
Referred to the Committees on Insurance and Appropriations.

HB 675-Withdrawn

By Representative Mishkin--
HB 677-A bill to be entitled An act relating to pharmaceutical
assistance to the elderly; creating s. 410.701, F.S.; directing the Department
of Health and Rehabilitative Services to establish a program for payments
to pharmacies for costs of certain prescription drugs for eligible elderly
persons; providing definitions; requiring an annual report by the

department; providing eligibility standards; requiring certain copayments;
providing for determination of amount of payment to pharmacies under

the program; creating the Pharmaceutical Assistance to the Elderly Trust
Fund; creating an advisory council; specifying violations and providing
penalties; providing for rules; amending s. 212.08, F.S.; imposing a sales tax
on certain pharmaceutical items; amending s. 212.12, F.S.; providing for
the promulgation of applicable tax amounts and brackets; amending s.
212.20, F.S.; providing for, distribution of the proceeds of the tax to the
trust fund; amending s. 218.65, F.S., to correct a cross reference; repealing
s. 465.187, F.S., relating to the tax exemption on the sale of medicinal
drugs; providing for review and repeal; providing an effective date.
Referred to the Committees on Health & Rehabilitative Services,
Finance & Taxation and Appropriations.

By Representative Mishkin-
HB 679-A bill to be entitled An act relating to banking; renumbering
and amending s. 658.63, F.S.; providing that, prior to the settlement of any
check or draft, the financial institution shall obtain written authorization
from the account holder and shall comply with the Uniform Commercial
Code; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representative Mortham-
HB 681-A bill to be entitled An act relating to homestead exemption;
creating s. 196.035, F.S.; authorizing an additional homestead exemption
for certain persons; providing requirements with respect thereto; providing
a contingent effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Ostrau-
HB 683-A bill to be entitled An act relating to sales contracts;
amending s. 686.201, F.S.; providing legislative intent; providing
definitions; requiring written contracts with sales representatives under
certain circumstances; providing for required elements of such written
contracts; requiring that certain written information be provided to the
sales representative; prohibiting the waiver of certain rights; providing for
civil remedies; providing an effective date.
Referred to the Committee on Commerce.

By Representatives Mortham, King, Lewis, Arnall, Foley, Pruitt,
Sanderson, Hawkins, Boyd, Jamerson, Hafner, Stone, Hill, Holland,
Grindle, Bainter, Irvine, Albright, Flagg, Simone, Hanson, McEwan,
Muscarella, Feeney, Garcia, Sembler, Thomas, Jennings, Graham,
Hoffmann and Dennis Jones-
HJR 685-A joint resolution proposing an amendment to Section 6 of
Article VII and the creation of Section 20 of Article XII of the State
Constitution relating to ad valorem taxation.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Hawkins-
HB 687-A bill to be entitled An act relating to election day workers;
amending ss. 102.021 and 125.9502, F.S.; providing that certain election
day workers shall be considered unpaid independent volunteers and casual
labor and not entitled to unemployment compensation; amending s.
129.202, F.S.; providing that compensation paid to certain election day
workers shall be considered fees paid to public officials; amending s.
443.036, F.S.; revising the definitions of the terms "casual labor" and
"employment" for the purpose of the unemployment compensation law to
exclude certain election day workers; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Muscarella-
HB 689-A bill to be entitled An act relating to boating safety; creating
the Boating Safety Advisory Council within the Department of Natural

Resources; providing for appointment of members and powers and duties;
amending s. 322.27, F.S.; providing for points to be assessed against drivers'

45

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

licenses for boating offense violations; correcting a cross-reference;
amending s. 316.193, F.S.; providing for consideration of convictions of
certain boating offenses as prior convictions with respect to operating
under the influence; amending s. 327.02, F.S.; providing definitions with
respect to the Florida Vessel Registration and Safety Law; amending s.
327.04, F.S.; authorizing the Department of Natural Resources to require
that certain information be supported by oath or affirmation; amending s.
327.30, F.S.; revising reporting requirements of collisions, accidents, and
casualties involving vessels; amending s. 327.31, F.S.; directing the Division
of Law Enforcement to transmit certain information concerning boating
accidents; creating s. 327.331, F.S.; providing that bow, setback, gunwale,
and transom riding are unlawful; amending s. 327.35, F.S.; prohibiting
operation of vessels by persons impaired by alcohol or drugs; prohibiting
operation of certain vessels by persons with certain alcohol concentrations;
providing penalties; providing for consideration of convictions of certain
traffic offenses as prior convictions with respect to vessels; amending s.
327.352, F.S.; correcting a cross-reference; amending s. 327.3521, F.S.;
providing penalties for refusal to take a chemical or physical test under
certain circumstances; providing for a service charge; creating s. 327.3522,
F.S.; providing for chemical and physical testing of crewmembers of
inspected vessels; amending s. 327.353, F.S.; correcting a cross-reference;
amending s. 327.354, F.S.; providing that a presumption of impairment
may not be introduced during specified prosecutions; amending s. 327.36,
F.S.; correcting cross-references; revising language with respect to
mandatory adjudication of certain boating offenses; amending s. 327.46,
F.S.; providing for the creation of restricted areas on waters other than the
Florida Intracoastal Waterway by ordinance; creating s. 327.462, F.S.;
providing a maximum speed for waters of the state; amending s. 327.50,
F.S.; revising language with respect to vessel safety regulations and lighting
requirements; amending s. 327.52, F.S.; requiring certain vessels to display
maximum loading and horsepower information; amending s. 327.70, F.S.;
providing for enforcement; amending s. 327.73, F.S.; revising language with
respect to noncriminal infractions; amending s. 327.731, F.S.; revising
language with respect to the mandatory education of violators; amending
s. 327.74, F.S.; providing that every charge with respect to a boating offense
shall be brought by a uniform boating citation; providing a definition;
repealing s. 327.351, F.S., relating to the operation of a vessel while
intoxicated; providing for boating safety education courses; providing for
future repeal and legislative review of provisions relating to the Boating
Safety Advisory Council; providing effective dates.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Silver-
HB 691-A bill to be entitled An act relating to pari-mutuel wagering;
authorizing pari-mutuel permitholders to lease, construct, and operate
branch wagering facilities; authorizing intertrack wagering at such
facilities; providing an effective date.
Referred to the Committees on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Kelly-
HB 693-A bill to be entitled An act relating to insurance; amending
s. 627.4143, F.S.; requiring the outline of coverage for private passenger
motor vehicle insurance to include information on coverage of collision
damage to rental vehicles; requiring such information to be included on
proof-of-insurance cards; amending s. 627.736, F.S.; requiring insurers to
pay assigned personal injury protection benefits directly to the treatment
providers in certain situations; providing that insurers remain liable to the
treatment providers when assigned benefits are paid to other persons in
certain situations; providing that the refusal of an insurer to pay assigned
benefits to the treatment provider is prohibited conduct that subjects the
insurer to penalties; limiting the scope of certain mental or physical
examinations and limiting who may conduct them; requiring certain
independent examinations prior to an insurer withdrawing payment of a
treating physician; limiting such examinations; exempting physicians from

the provisions of s. 455.241, F.S., under certain conditions; providing an
effective date.

Referred to the Committees on Insurance and Appropriations.

By Representative Geller-
HB 695-A bill to be entitled An act relating to insurance; amending
s. 627.311, F.S.; requiring joint underwriting plans for motor vehicle
insurance to provide a list of insureds under certain circumstances;
prohibiting such plans from offering certain discounts or inducements;
limiting policies issued under such plans to a specified time period;
providing an effective date.
Referred to the Committee on Insurance.

By Representative C. F. Jones-
HB 697-A bill to be entitled An act relating to commercial relations;
repealing ss. 673.101-673.805, F.S., and creating ss. 673.1011-673.6051, F.S.;
revising the law of negotiable instruments (Article 3 of the Uniform
Commercial Code-Commercial Paper) in order to modernize, reorganize,
and clarify the law with respect thereto; amending ss. 671.201, 671.207,
F.S., pertaining to general definitions under the Uniform Commercial Code
and to performance or acceptance under reservation of rights, to conform
them to revisions made by this act; amending ss. 672.103, 672.511, F.S.,
pertaining to definitions applicable to the sales provisions of the code, to
conform cross-references to revisions made by this act; amending ss.
674.101-674.105, 674.201-674.207, 674.301-674.504, F.S.; transferring,
renumbering, and amending ss. 674.106-674.108, 674.208-674.214, F.S.;
creating ss. 674.1061, 674.1101, 674.111, 674.2081, 674.2091, F.S.; and
repealing s. 674.109, F.S., all pertaining to bank deposits and collections
(Article 4 of the Uniform Commercial Code); revising these provisions of
the code to the revisions made in the negotiable instruments law and to
otherwise improve the clarity of these provisions; amending ss. 675.103,
675.114, F.S., pertaining to definitions applicable to provisions of the code
providing for letters of credit, to conform cross-references to revisions
made by this act; amending ss. 679.105, 679.203, 679.206, 679.302, 679.309,
679.312, F.S., to conform cross-references in provisions of the code
pertaining to secured transactions to revisions made by this act; amending
s. 90.953, F.S., pertaining to admissibility of duplicates into evidence, to
conform a cross-reference to a revision made by this act; amending ss.
560.135, 560.201, F.S., pertaining to the sale of money orders, to conform
cross-references to revisions made by this act; amending s. 658.12, F.S.,
pertaining to banks and trust companies, to conform a cross-reference to
this revision; amending s. 832.05, F.S., pertaining to worthless checks,
drafts, or debit card orders, to conform a cross-reference to a revision made
by this act; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representatives Wise, Sansom and Arnall-
HB 699-A bill to be entitled An act relating to the state lottery;
amending s. 24.115, F.S.; revising the disposition of unclaimed prize money;
providing for distribution to a Department of Education direct-support
organization, school districts, the State Board of Community Colleges, and
the Board of Regents; providing an effective date.
Referred to the Committees on Regulated Services & Technology,
Finance & Taxation and Appropriations.

By Representative Long-
HB 701-A bill to be entitled An act relating to elections; amending s.
105.041, F.S.; providing that candidates for the office of circuit judge or
county court judge shall be listed on the ballot in the order determined by
lot conducted, after the close of qualifying, by either the supervisor of
elections or the director of the Division of Elections of the Department of
State, depending on the area of jurisdiction of the office sought; providing
an effective date.
Referred to the Committee on Ethics & Elections.

By Representative Gordon-

HB 703-A bill to be entitled An act relating to limitations of actions;
amending s. 95.11, F.S.; eliminating the statute of limitations with respect

46

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

to civil actions founded on alleged abuse or incest; providing an effective Referred to the Committees on Tourism, Hospitality & Economic
date. Development and Appropriations.

Referred to the Committees on Judiciary and Appropriations.

By Representative Clemons-
HB 705-A bill to be entitled An act relating to bad check diversion
programs; amending s. 832.08, F.S.; requiring state attorneys to establish
such programs and revising the elements of such programs; providing an
effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Jennings-
HB 707-A bill to be entitled An act relating to firearms; amending s.
784.05, F.S.; providing that it is a third-degree felony to store or leave a
firearm accessible to a minor, under certain circumstances, if the minor
uses the firearm to cause injury or death; providing exceptions; providing
penalties; amending s. 790.174, F.S.; requiring secure storage of a firearm
that is accessible to a minor, under certain circumstances; providing
penalties for failure to store the firearm in accordance with such
requirement; providing exceptions; providing penalties; providing an
effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Ritchie, Healey, Tobiassen and Harden-
HB 709-A bill to be entitled An act relating to local officers; amending
s. 145.19, F.S.; deleting provisions requiring an annual adjustment in
county officers' salaries; providing for adjustments in those salaries only
upon approval of the board of county commissioners; amending s. 230.202,
F.S.; providing for adjustments in the salaries of school board members
only upon approval of the district school board; amending s. 11.13, F.S.;
repealing a provision for annual adjustment in the salaries of members of
the Legislature and setting forth their current salaries; providing an
effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representatives Mitchell, Pruitt, Sembler, Simone, Trammell,
C. Smith, Hill, Lewis, Arnall, Mortham, Bronson, Harris, Hanson,
Mackey, Boyd, Irvine, Muscarella, Corr, Foley, K. Smith, Sansom,
McEwan, Tobiassen, Hawkes, Feeney, Harden, Banjanin, Morse, Buddy
Johnson, Jennings, Grindle, Hafner, Clark, Jamerson, Holland, Huenink,
Valdes, Diaz-Balart, Garcia, Stone, Ireland, Bainter, Rojas, Gutman,
Dennis Jones, Goode, King, Albright, Graham, De Grandy, Laurent,
Hoffmann, Langton, Holzendorf, Lippman, Flagg, Safley, Stafford,
Viscusi, Chestnut, Kelly, Healey, Brown, Hawkins, Sanderson, Sindler,
Tobin, Mims, Clemons and Wise-
HB 711-A bill to be entitled An act relating to the Administrative
Procedure Act; amending s. 11.60, F.S.; providing an additional duty of the
Administrative Procedures Committee; amending s. 120.54, F.S.; revising
the procedure for the adoption of agency rules to provide that all such rules
must be approved or adopted by the Legislature; providing for emergency
rules; amending s. 120.545, F.S.; providing for the submission of legislative
rules to the Administrative Procedures Committee; authorizing the
committee to review any procedural rule, interpretive rule, or existing
legislative rule; providing for the application of the act to existing rules;
providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Press--
HB 713-A bill to be entitled An act relating to community
redevelopment areas; amending s. 163.380, F.S.; providing that community
redevelopment real property may be sold at a value determined to be in
the public interest; providing guidelines for determining if the value is in
the public interest; providing for approval by the governing body after a
public hearing under certain circumstances; providing an effective date.

By Representative Hoffmann-
HB 715-A bill to be entitled An act relating to physical therapy
practice; amending s. 486.021, F.S.; revising definition of the term physical
therapy; amending s. 486.125, F.S.; providing additional grounds for which
disciplinary actions may be taken; providing an effective date.
Referred to the Committees on Regulatory Reform and Appropriations.

By Representatives Harris, Kelly and K. Smith-
HB 717-A bill to be entitled An act relating to the Department of
Citrus; amending s. 601.10, F.S.; revising language with respect to the
powers of the department to provide that any information which consists
of a trade secret shall be held confidential; amending s. 601.154, F.S.;
providing additional advisory council members; amending s. 601.731, F.S.;
providing exemptions from height requirements for sign lettering on
vehicles transporting citrus; providing an effective date.
Referred to the Committees on Agriculture and Appropriations.

By Representatives Trammell, Bo Johnson, Boyd, and Kelly-
HB 719-A bill to be entitled An act relating to the Florida Boll Weevil
Eradication Law; amending s. 593.114, F.S.; establishing a maximum
assessment rate per acre per year; providing an effective date.
Referred to the Committees on Agriculture, Finance & Taxation and
Appropriations.

By Representatives Bronson, Daryl Jones, Laurent, Kelly and Harris-
HB 721-A bill to be entitled An act relating to food safety; amending
s. 500.03, F.S.; revising definitions; defining "convenience store"; deleting
applicability provisions; amending s. 500.09, F.S.; expanding and clarifying
provisions which require the Department of Agriculture and Consumer
Services to promulgate rules governing food products; authorizing certain
exemptions from labeling requirements; amending s. 500.12, F.S.; requiring
food permits; providing an exemption; providing an application fee;
providing legislative intent; amending s. 500.121, F.S.; increasing a fine for
specified violations; amending s. 500.146, F.S.; expanding the department's
authority to promulgate rules; revising provisions relative to analytical
work; creating s. 500.165, F.S.; prohibiting carriers to transport food items
in certain vehicles or rail cars; providing for standards by rule; providing
an administrative fine; providing a penalty; amending s. 500.167, F.S.;
revising provisions which provide exemptions for carriers engaged in
interstate commerce; amending ss. 502.091, 502.165, and 502.191, F.S.;
clarifying and updating references; amending s. 502.231, F.S.; revising
penalty and injunction provisions; providing for suspension or revocation
of permit; authorizing a fine; providing applicability to milk and milk
product producers and handlers; amending s. 509.013, F.S., revising an
exclusion from the definition of "public food service establishment";
amending s. 583.09, F.S.; requiring food permits for egg dealers and poultry
dealers; amending s. 583.022, F.S.; providing for the refrigeration of eggs
for sale or processing; providing temperature requirements; amending s.
585.002, F.S.; requiring the department to establish a fee schedule for
certain services; amending s. 585.21, F.S.; revising provisions relating to the
sale of biological products for animals; amending s. 585.90, F.S., relating
to inspection, stop-sale orders, condemnation, and destruction of animal
products; creating s. 585.902, F.S.; providing causes for seizure and
condemnation of animal products; creating s. 585.903, F.S.; providing
procedures with respect to seizure of animal products; providing a penalty;
providing for suspension or revocation of permit; providing a fine; creating
s. 585.904, F.S.; providing for condemnation, sale, and release of seized
animal products; amending s. 571.11, F.S.; correcting a cross reference;
amending s. 381.0072, F.S.; clarifying the duties of the Department of
Health and Rehabilitative Services with respect to the adoption and
enforcement of specified sanitation rules; providing an effective date.
Referred to the Committees on Agriculture, Finance & Taxation and
Appropriations.

January 14, 1992

47

48 JOURNAL OF THE HOUSE

By Representatives Reddick, Roberts and Davis-
HB 723-A bill to be entitled An act relating to solar energy; amending
s. 163.04, F.S.; revising language with respect to certain intergovernmental
programs to provide for the application of provisions relating to energy
devices based on renewable resources; creating s. 689.26, F.S.; providing
that certain covenants, restrictions, or conditions contained in instruments
affecting the transfer or sale or use or interest in real property which
prohibit or restrict the installation or use of solar energy is void and
unenforceable; providing for the application of the section; providing an
effective date.
Referred to the Committee on Regulated Services & Technology.

By Representative Stone-
HB 725-A bill to be entitled An act relating to education; amending
ss. 233.07 and 233.17, F.S.; revising certain duties of the Commissioner of
Education relating to instructional materials adoption; revising the limit
on the number of instructional materials titles to be adopted; providing an
effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Jennings-
HB 727-A bill to be entitled An act relating to condominiums; creating
s. 718.127, F.S.; prohibiting counties, municipalities, or special districts
from charging unit owners a fee for connection to a water or sewer system
which exceeds the actual expense of making the connection under certain
circumstances; providing an amortization requirement for the payment of
other connection fees; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Cosgrove-
HB 729-A bill to be entitled An act relating to firefighting training;
amending s. 590.02, F.S.; providing that the Division of Forestry of the
Department of Agriculture and Consumer Services shall develop a training
curriculum for forestry firefighters; amending s. 633.35, F.S.; authorizing
the Division of State Fire Marshal to issue a Certificate of Forestry
Firefighter to persons who successfully complete training; creating s.
633.352, F.S.; providing for rights, privileges, and benefits of forestry
firefighters; providing an effective date.
Referred to the Committees on Agriculture and Appropriations.

By Representative Ascherl-
HB 731-A bill to be entitled An act relating to the Department of
Natural Resources; amending s. 212.69, F.S.; revising the portion of the
revenues from the tax on the sale of motor and special fuels that is
distributed to the department and the uses thereof; providing an effective
date.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Grindle-
HB 733--A bill to be entitled An act relating to probation; amending
s. 948.04, F.S.; providing for defendants placed on probation or community
control for committing sexual battery or child abuse to be subject to the
maximum level of supervision for the full term of probation or community
control; providing an effective date.
Referred to the Committees on Corrections and Appropriations.

By Representatives Rayson and Pruitt-
HB 735-A bill to be entitled An act relating to electrolysis; providing

a short title; providing legislative intent; providing definitions; creating the
Electrolysis Council under the Board of Medicine within the Department
of Professional Regulation; providing for rules, membership, terms,
organization, meetings, and quorum thereof; providing regulatory powers
and duties of the board; providing for the licensure of electrologists by

IE OF REPRESENTATIVES

January 14, 1992

examination and endorsement; providing for temporary permits;
restricting use of certain titles and abbreviations; providing for license
renewal; providing for automatic reversion to inactive status and
expiration; providing continuing education requirements; providing for the
adoption of rules; providing for fees; providing grounds for disciplinary
action; providing administrative penalties; providing criminal penalties;
providing exemptions; providing for future review and repeal; providing an
effective date.
Referred to the Committees on Regulatory Reform, Finance & Taxation
and Appropriations.

By Representative Bronson-
HB 737-A bill to be entitled An act relating to equine recreational
activities; providing legislative intent; providing definitions; limiting
liability for equine activities; providing exceptions; providing an effective
date.
Referred to the Committee on Judiciary.

By Representatives Davis, Brown, Hafner, King, Graham, Ritchie,
Sanderson, Mackey, Kelly, Figg, Boyd, Liberti, Mitchell, Cosgrove,
Lippman, Chestnut, C. Smith, Dennis Jones, Hoffmann, Silver, Arnold,
Graber, K. Smith, Laurent, Wise, Tobiassen and Webster-
HB 739-A bill to be entitled An act relating to the Board of Regents;
amending s. 240.215, F.S.; providing that employees or agents of the Board
of Regents shall not be determined to be agents of other persons in civil
actions resulting from certain acts or omissions; revising continuing
education requirements; limiting liability of affiliated health care
providers; providing for applicability; providing an effective date.
Referred to the Committee on Judiciary.

By Representatives Simone, Mortham, Foley, Hanson and Irvine-
HJR 741-A joint resolution proposing an amendment to Section 5 of
Article II of the State Constitution relating to recall of nonjudicial elective
public officers.
Referred to the Committees on Ethics & Elections and Appropriations.

By Representatives Simone, Mortham, Foley, Hanson and Irvine-
HB 743-A bill to be entitled An act relating to recall; creating s.
100.362, F.S.; providing procedures for the recall of nonjudicial elective
public officers; providing duties of supervisors of elections and the
Department of State; providing for filing of a statement of grounds for
recall and a defensive statement; providing for circulation of petitions and
holding of the recall election; providing a penalty; providing a contingent
effective date.
Referred to the Committees on Ethics & Elections and Appropriations.

By Representatives Bo Johnson, Lombard, Kelly, Goode, K. Smith,
Lippman, Viscusi, Rojas, Sanderson, Logan, Guber, Muscarella, Rush,
Rudd, Flagg, Tobiassen, Mims, Young, Ostrau, Ritchie, Pruitt, King and
Grindle-
HJR 745-A joint resolution proposing the amendment of Section 5 of
Article IV and the creation of Section 19 of Article III and Section 20 of
Article XII of the State Constitution relating to terms of legislators, the
Lieutenant Governor, and members of the Cabinet.
Referred to the Committee on Ethics & Elections.

By Representative Bo Johnson-
HB 747-A bill to be entitled An act relating to state purchasing;
amending s. 287.012, F.S.; defining the term "local purchasing source";
amending s. 287.042, F.S.; authorizing the Division of Purchasing of the
Department of General Services to negotiate and execute contracts for
state purchases; creating s. 287.056, F.S.; allowing state agencies to make
purchases from a local purchasing source for certain purchases if such

purchases cost less; providing that administrative costs and the
specifications, terms, and conditions developed by the division be

JOURNAL OF THE HOUSI

considered in evaluating such purchases; providing for review by the
Auditor General; providing an exception; providing for future review and
expiration of s. 287.056, F.S.; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives Bo Johnson and Pruitt-
HB 749-A bill to be entitled An act relating to state government;
amending s. 282.003, F.S.; revising the title of the Information Resources
Management Act to include paperwork reduction; amending s. 282.004,
F.S.; providing legislative intent regarding minimizing the paperwork
burden; amending s. 282.303, F.S.; providing definitions; amending s.
282.305, F.S.; providing duties of the Information Resource Commission
regarding assistance for the review of required forms and reports and
paperwork reduction; creating s. 282.3051, F.S.; providing legislative
findings with respect to state government reporting requirements and
required forms; directing state governmental entities to periodically
identify, review, and evaluate reporting requirements and forms for which
they are responsible and make recommendations with respect thereto;
providing criteria for evaluation and continuation of reporting
requirements; directing such entities to take specified paperwork reduction
actions; amending ss. 282.3061, 282.3062, and 282.307, F.S.; including
paperwork reduction in the State Strategic Plan for Information Resources
Management, the Annual Report on Information Resources Management,
and the Strategic Plan for Information Resources Management submitted
by each department; amending s. 282.311, F.S.; providing duties of
information resource managers regarding paperwork reduction; amending
s. 286.001, F.S.; providing that specified governmental agencies required
to make regular or periodic reports may file an abstract thereof with the
designated recipient and an abstract and copy with the Division of Library
and Information Services; providing duties of the division and removing
responsibilities of the Executive Office of the Governor; directing agency
heads to ensure that reports are created, managed, and disseminated
through electronic means; amending ss. 216.031 and 216.0445, F.S.;
correcting references; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Kelly-
HB 751-A bill to be entitled An act relating to natural resources;
creating the "Florida Biodiversity Act"; providing definitions; establishing
state policy with respect to certain conservation; establishing the
Biodiversity Task Force; providing responsibilities; requiring reports to
the Legislature; providing for repeal; providing an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representatives Tobiassen, Harris, Bronson, Boyd, K. Smith,
Ritchie, Brown, Holzendorf, Irvine and C. Smith-
HB 753-A bill to be entitled An act relating to comprehensive
planning; amending s. 163.3184, F.S.; prescribing authority of county
governing body to readopt comprehensive plan or plan amendment not in
compliance with ss. 163.3161-163.3215, F.S.; prohibiting application of
sanctions against a county readopting such a plan or plan amendment;
providing an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representative Crady--
HB 755-A bill to be entitled An act relating to the Board of Trustees
of the Internal Improvement Trust Fund; amending s. 253.03, F.S.; revising
the distribution of proceeds from the sale or use of lands held or leased by
the Board of Trustees of the Internal Improvement Trust Fund; amending
s. 253.034, F.S.; providing for deposit into the Internal Improvement Trust
Fund and the Conservation and Recreation Lands Trust Fund of a portion
of proceeds from the sale of certain lands; providing an effective date.

Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

January 14, 1992

By Representatives Frankel and Healey-
HJR 767-A joint resolution proposing amendments to Sections 10 and
11 of Article V of the State Constitution relating to the selection of judges.
Referred to the Committees on Judiciary and Appropriations.

E OF REPRESENTATIVES 49

By Representative Davis-
HB 757-A bill to be entitled An act relating to federal liens; creating
the Florida Uniform Federal Lien Registration Act; specifying
applicability; providing for filing of notices of federal liens, certificates, and
other notices affecting federal liens; specifying duties of the Secretary of
State and the clerks of the circuit courts; providing for fees; providing for
uniformity of construction; amending s. 28.222, F.S.; conforming to the act;
providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Hoffmann-
HB 759-A bill to be entitled An act relating to attorney's fees;
amending s. 57.105, F.S.; revising language with respect to the award of
attorney's fees; providing a definition; deleting language relating to the
awarding of prejudgment interest; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Langton-
HB 761-A bill to be entitled An act relating to vessels; amending s.
370.12, F.S.; providing that certain violations with respect to manatees
shall be charged on uniform boating citations; providing that the violation
of certain manatee-related speed limits be a noncriminal infraction;
providing a penalty for refusal to accept and sign a uniform boating
citation; amending s. 327.73, F.S.; revising language; providing a civil
penalty for violation of certain speed limits; providing a penalty for failure
to appear or otherwise respond to a uniform boating citation; increasing a
civil penalty; providing an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Goode-
HB 763-A bill to be entitled An act relating to reckless or careless
operation of a vessel; amending s. 327.33, F.S.; requiring persons who
operate a vessel to maintain a distance of 100 feet from a divers-down flag;
providing for a reasonable effort to maintain such a distance under certain
circumstances; providing a penalty; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Frankel-
HB 765-A bill to be entitled An act relating to administrative
procedure; amending s. 120.58, F.S.; revising provisions relating to
admissibility of evidence in proceedings for a rule or order in which the
substantial interests of a party are determined by an agency; providing for
limited admissibility of similar fact evidence of other acts or offenses and
requiring certain notice to be given; providing for inadmissibility, except
in certain circumstances, of evidence of specific instances of prior
consensual sexual activity between the victim and any person other than
the offender in disciplinary cases against licensed professionals involving
allegations of sexual misconduct, and reenacting ss. 350.123, 401.425(7),
455.223, 455.228(1), 499.0053, 626.9571(2), 634.338(2), 634.438(2),
639.25(2), 641.3907(2), 641.445(2), and 766.207(2), F.S., relating to the
Florida Public Service Commission, emergency medical services quality
assurance, regulation by the Department of Professional Regulation,
unlicensed practice of a profession, enforcement of the Florida Drug and
Cosmetic Act, unfair insurance trade practices, home warranty
associations, service warranty associations, preneed funeral contracts,
health maintenance organizations, prepaid health clinics, and voluntary
binding arbitration of medical negligence claims, to incorporate said
amendment in references thereto; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

50 JOURNAL OF THE HOUSE

By Representative Frankel-
HB 769-A bill to be entitled An act relating to plumbing facilities;
requiring certain buildings to have an equal number of specified facilities
for women and men; providing an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representative Buddy Johnson-
HB 771-SF-A bill to be entitled A proposal relating to the state
budget.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Buddy Johnson-
HB 773-A bill to be entitled An act relating to water management
districts; creating s. 373.1395, F.S.; limiting the liability of water
management districts for damages that occur on real property or water
areas of the district that are made available to the public under specified
conditions; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Buddy Johnson-
HB 775-A bill to be entitled An act relating to redistricting; providing
procedure and criteria for congressional and legislative redistricting with
respect to minority representation; providing an effective date.
Referred to the Committees on Reapportionment and Appropriations.

By Representative Buddy Johnson-
HB 777-A bill to be entitled An act relating to robbery; amending s.
812.13, F.S.; prescribing the elements of the crime of robbery; providing
penalties; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Buddy Johnson and Kelly-
HB 779-A bill to be entitled An act relating to education; amending
s. 232.246, F.S.; reducing the number of academic credits required for high
school graduation; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Friedman-
HB 781-A bill to be entitled An act relating to public construction
contracts; amending s. 255.29, F.S.; revising the criteria used by the
Department of General Services to establish procedures for the awarding
of state agency construction projects; providing for award to the best
qualified bidder; providing for the establishment of a mean average bid;
providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Safley-
HB 783-A bill to be entitled An act relating to the state lottery;
amending s. 24.1215, F.S.; requiring annual newspaper notice of
information relating to revenues collected and the allocation thereof;
providing an effective date.
Referred to the Committees on Regulated Services & Technology and
Appropriations.

By Representative Safley--
HB 785-A bill to be entitled An act relating to corrections; creating

s. 944.475, F.S.; requiring the Department of Corrections to adopt rules
prohibiting smoking and other use of tobacco products in state correctional
facilities; providing for phase-in; providing an effective date.
Referred to the Committees on Corrections and Appropriations.

?

By Representatives Valdes and Cosgrove-
HR 803-A resolution commending Valerie Hickey-Patton.
Referred to the Committee on Rules & Calendar.

I -- -- -

E OF REPRESENTATIVES January 14, 1992

By Representatives Webster and Mortham-
HJR 787-A joint resolution proposing an amendment to Section 16 of
Article III of the State Constitution relating to reapportionment.
Referred to the Committees on Reapportionment and Appropriations.

By Representative Sanderson-
HB 789-A bill to be entitled An act relating to the Florida Vessel
Registration and Safety Law; amending s. 327.72, F.S.; providing that for
any violation of the Florida Vessel and Registration Safety Law or chapter
328, F.S., relating to vessels, the vessel is also liable in rem; providing
exceptions; providing for enforcement; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative King-
HB 791-A bill to be entitled An act relating to the Uniform
Commercial Code; amending s. 672.711, F.S.; providing required duties of
a buyer who asserts a security interest in rejected goods; providing an
effective date.
Referred to the Committee on Commerce.

By Representative King-
HB 793-A bill to be entitled An act relating to medical practice;
creating s. 458.3095, F.S.; directing the Board of Medicine to provide, by
rule, that out-of-state licensed physicians employed or designated by
sports entities visiting for specific events in the state be exempt from the
state's licensing requirements under certain circumstances; providing an
effective date.
Referred to the Committees on Regulatory Reform and Appropriations.

By Representative King-
HB 795-A bill to be entitled An act relating to saltwater fishing;
amending s. 370.0605, F.S.; providing that a saltwater fishing license is not
required for any Florida resident fishing in saltwater, freshwater, or
brackish water from land or from a structure fixed to the land; providing
an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Peeples-
HB 797-A bill to be entitled An act relating to procurement of
personal property and construction services; amending s. 287.084, F.S.;
providing that certain local ordinances or regulations are void with respect
to bid preferences; providing for application of the act; providing an
effective date.
Referred to the Committees on Community Affairs and Appropriations.

HB 799-Withdrawn

By Representatives Dennis Jones and Kelly-
HB 801-A bill to be entitled An act relating to medical malpractice;
amending s. 766.102, F.S.; defining the term "health care provider" as it
relates to persons subject to an action for recovery of damages resulting
from medical negligence; amending s. 766.107, F.S.; defining the term
"health care provider" as it relates to court-ordered arbitration and the
persons subject to an action for recovery of damages; providing an effective
date.
Referred to the Committees on Judiciary and Appropriations.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Morse-
HB 805-A bill to be entitled An act relating to the Consultants'
Competitive Negotiation Act; amending s. 287.055, F.S.; redefining the
term "continuing contract" to provide for an increase in construction cost
limitations and limitations on fees for professional services under such a
contract for certain contracts; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Mortham-
HB 807-A bill to be entitled An act relating to county government;
amending s. 125.01, F.S.; authorizing counties to provide for lump-sum
bonus payment programs to reward outstanding employees whose
performance exceeds standards; specifying requirements of such programs;
providing an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representative Press-
HB 809-A bill to be entitled An act relating to homeowners'
associations; creating a Homeowners' Association Study Commission;
providing for membership and a chairperson; authorizing reimbursement
for per diem and travel expenses; providing for administrative and staff
support; providing duties; requiring public hearings and a report; providing
for expiration of the commission; providing an appropriation; providing
effective dates.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Tobiassen, Graber and Sanderson-
HB 811-A bill to be entitled An act relating to medical negligence
actions; amending s. 766.102, F.S.; revising the requirements for a health
care provider who is not a similar health care provider to testify as an
expert for purposes of establishing a relative standard of care for categories
and classifications of health care providers, by leaving "training" and
"experience" but deleting "knowledge" as a qualifier; reenacting s.
766.104(1), F.S., relating to pleading, to incorporate said amendment in a
reference thereto; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

HB 813-Withdrawn

By Representative Kelly-
HB 815-A bill to be entitled An act relating to boating safety;
providing a definition; prohibiting the operation of certain vessels on the
waters of this state without a vessel operator license; providing exemptions;
providing penalties; providing requirements for licensure; providing fees;
providing for the disposition of fees; creating the Boating Education and
Standards Advisory Council within the Department of Natural Resources;
providing for appointment of members and powers and duties; directing
the Department of Highway Safety and Motor Vehicles to prepare and
supply to certain law enforcement agencies an appropriate boating citation
form; providing for the usage of such forms; directing the clerk of the court
in which described boating offenses were tried to report the judicial
disposition to the Department of Highway Safety and Motor Vehicles;
providing a point system for boating offense violations; providing for
license suspensions; providing for license revocation; repealing s. 327.74,
F.S.; relating to uniform boating citations; providing effective dates.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Rojas-
HB 817-A bill to be entitled An act relating to witnesses in criminal
proceedings; amending s. 905.17, F.S.; providing that a witness under
examination by a grand jury may have an attorney present for advisement

and consultation; prohibiting representation of multiple clients by an
attorney before the grand jury; providing an effective date.

Referred to the Committee on Criminal Justice.

By Representatives Rayson, Sindler, Cosgrove, De Grandy and
Brown-
HB 819-A bill to be entitled An act relating to firefighters and
paramedics; creating s. 112.183, F.S.; providing that death or disability due
to cancer suffered by a firefighter or paramedic employed by the state or
its political subdivisions is presumed accidental and suffered in the line of
duty under certain conditions; authorizing purchase of insurance by local
governments; providing criteria for physical exams for firefighters and
paramedics; requiring employing agency to keep records and notify
firefighters and paramedics of their reported exposure to known
carcinogens; providing that firefighters and paramedics employed on the
effective date of the act need not comply with physical examination
requirements; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative McEwan-
HB 821-A bill to be entitled An act relating to consumer protection;
amending s. 501.059, F.S.; placing restrictions on telephone solicitors who
offer for sale certain consumer information; providing an effective date.
Referred to the Committee on Regulated Services & Technology.

By Representatives Ritchie, Long, Sanderson, King, Cosgrove, Lawson,
Reddick, Banjanin, Harden, Morse, Arnall, Rudd, Albright, Clemons,
Mitchell, Grindle, Rush, Tobiassen, Stafford, Foley, Stone, Figg, Chinoy,
Wise, Bainter and Feeney-
HB 823-A bill to be entitled An act relating to health care; creating
the "Health Care Access and Cost Containment Act of 1992"; providing
legislative intent regarding health care insurance, access to health care,
cost containment, national Medicaid reforms, and national tax incentives
for voluntary employer-based health insurance; creating s. 627.6696, F.S.;
providing for health insurance options; creating s. 627.6697, F.S.; providing
for mandated benefit exceptions and providing basic benefit plans for
general groups and small employer groups; providing definitions; providing
for premium tax exemption on small employer groups; creating s. 627.359,
F.S.; establishing a medical advisory panel in the Department of Insurance;
providing for membership; providing duties; creating s. 458.351, F.S.;
requiring the Board of Medicine to implement a project for purposes of
developing and establishing practice parameters; amending s. 409.912,
F.S.; authorizing the Department of Health and Rehabilitative Services to
utilize practice parameters; amending s. 409.907, F.S.; authorizing
expenditures for Medicaid; authorizing use of private practitioners for
expansion of primary medical services; amending s. 381.0401, F.S.;
providing for collection of health care cost containment data; creating s.
766.1115, F.S.; authorizing governmental contractors to execute contracts
with health care providers for either the voluntary or the compensated
delivery of health care services as agent of the governmental contractor;
providing an exception; providing definitions; requiring agency contracts
and specifying terms thereof; providing for access to patient records by
governmental contractors and exempting from the public records law
patient records, adverse incident reports, and patient treatment outcome
information obtained by governmental contractors; providing for future
legislative review of this exemption pursuant to the Open Government
Sunset Review Act; requiring governmental contractors to establish
quality assurance programs; providing for right of control by the
governmental contractor; requiring providers electing to be compensated
rather than voluntary providers under agency contracts to further elect
under such contracts either a percentage reduction in compensation or a
percentage of care to be uncompensated; requiring the establishment of
governmental contractor claims funds and excess claims funds; requiring
adverse incident and treatment outcome reporting; requiring certain
notice; providing for rulemaking; requiring a patient health care treatment
and access evaluation methodology and reporting; providing for review and

repeal; amending s. 768.28, F.S.; expanding agency to include providers of
health care services pursuant to agency contracts with governmental

January 14, 1992

51

JOURNAL OF THE HOUSE OF REPRESENTATIVES

contractors, and reenacting ss. 766.203(1) and 766.207(1), F.S., relating to
presuit investigation and voluntary binding arbitration of medical
negligence claims, to incorporate said amendment in references thereto;
amending s. 110.501, F.S.; expanding the definition of "volunteer";
amending s. 768.13, F.S.; providing immunity from civil liability for
physicians providing medical services at a free clinic for no fee, and
reenacting ss. 401.265(3), 458.331(1)(p), 459.015(1)(t), 460.413(1)(p),
461.013(1)(o), and 766.103(2), F.S., to incorporate said amendment in
references thereto; amending s. 458.331, F.S.; amending provisions relating
to physician referral of patients to entities in which the physician has an
equity interest; providing for quality assurance and utilization review by
the Department of Health and Rehabilitative Services; providing an
effective date.
Referred to the Committees on Health Care, Finance & Taxation and
Appropriations.

By Representatives Lippman, Dennis Jones, Rush, Cosgrove, Figg,
Foley, Frankel, Reaves, Lawson, Healey, Langton, Chinoy, Gordon,
Bainter, Mishkin, Mackenzie and Chestnut-
HB 825-A bill to be entitled An act relating to the Florida Safety Belt
Law; amending s. 316.614, F.S.; eliminating obsolete language; providing
for a surcharge for violations; providing for the deposit of the surcharge
into the Emergency Medical Services Trust Fund; providing for the use of
such funds; deleting language providing for enforcement of the act only as
a secondary action; providing that a violation of the act shall result in the
assessment of 1 point against the offender's license; amending s. 322.27,
F.S.; conforming to the act; providing an effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representatives Sindler, Mitchell, Trammell, C. Smith, Mackey,
Hawkes, Corr, Webster, Kelly, Stone, Boyd, Lawson, Sansom, Reddick and
Feeney-
HB 827-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.08, F.S.; removing the requirement
that the exemption for butane, propane, and other liquefied petroleum
gases used for agricultural purposes inure to the taxpayer only through
refund; providing an effective date.
Referred to the Committees on Agriculture, Finance & Taxation and
Appropriations.

By Representatives King and Bainter-
HB 829-A bill to be entitled An act relating to freshwater fishing;
prohibiting the use of gill nets in certain portions of the St. John's River;
providing a penalty; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Hoffmann-
HB 831-A bill to be entitled An act relating to invasive exotic plants;
creating s. 369.27, F.S.; providing for a program to control such plants on
public lands; providing definitions; providing for funding through a
surcharge fee on nursery certificates of registration; providing for deposit
of funds in the Aquatic Plant Control Trust Fund; directing the
Department of Natural Resources to adopt rules; providing for
identification of species; providing for sharing funds; providing for
development of biological control agents; creating s. 369.29, F.S.; providing
for fees for aquatic plant control permits or exemptions; providing for the
use of such fees; providing an appropriation; providing an effective date.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Mackey--
HB 833-A bill to be entitled An act relating to taxation of motor fuel;

amending ss. 206.41, 206.60, 206.605, and 212.62, F.S.; providing that the
constitutional gas tax, the county and municipal taxes on motor fuel, and

the tax on the sale of motor fuel may be remitted on the gross amount or
net amount of fuel, at the discretion of the taxpayer; amending s. 206.59,
F.S.; providing that any refiner, importer, wholesaler, or person who
collects more tax on the sale of motor fuel than is remitted to the
Department of Revenue or paid to his supplier is liable for the difference
in tax plus all applicable interest and penalties; providing an effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representative Mackey-
HB 835-A bill to be entitled An act relating to landlord and tenant;
amending s. 48.183, F.S.; providing for the calculation of time for return
of service in an action for possession of residential premises; amending s.
51.011, F.S.; providing for the calculation of time for return of service in
summary procedure for an action for tenant eviction; amending s. 83.52,
F.S.; providing criminal liability for tenant's failure to maintain dwelling
unit; amending s. 83.54, F.S.; providing for the application of criminal
mischief charges to this section; amending s. 83.55, F.S.; providing criminal
liability for malicious or wanton damage to a dwelling unit by its tenant;
creating s. 83.635, F.S.; providing for criminal penalties for absconding
without paying rent; amending s. 83.64, F.S.; revising language with respect
to retaliatory conduct; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Ritchie--
HB 837-A bill to be entitled An act relating to securities regulation;
amending s. 517.051, F.S.; clarifying an exemption for securities issued by
certain financial institutions; amending s. 517.061, F.S.; clarifying certain
exemptions from registration requirements; amending s. 517.111, F.S.;
providing additional grounds for denying an application to register
securities; amending s. 517.12, F.S.; requiring payment of certain moneys
in addition to renewal fees in renewing registrations; providing for
confidentiality of certain information received in connection with a
registration application; amending s. 517.131, F.S.; authorizing the
Department of Banking and Finance to require certain writs of execution;
authorizing the department to waive certain compliance requirements;
amending s. 517.141, F.S.; clarifying the amount of recovery to which a
claimant is entitled; amending s. 517.161, F.S.; specifying certain activities
or events as grounds for denying certain registrations; amending s. 517.301,
F.S.; prohibiting certain activities in rendering investment advice;
providing penalties; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representatives Harris and Kelly-
HB 839-A bill to be entitled An act relating to agricultural fertilizers;
amending s. 576.011, F.S.; revising definitions; amending s. 576.021, F.S.;
requiring annual licensing of fertilizer distributors and annual registration
of specialty fertilizer distributors by the Department of Agriculture and
Consumer Services; providing fees; providing application contents;
amending s. 576.031, F.S.; providing labeling requirements for fertilizer
and specialty fertilizer; amending s. 576.041, F.S.; revising provisions
relating to inspection fees, records, and required bond; providing minimum
limits for inspection fees; providing a penalty for nonpayment of tonnage
fee; increasing inspection fee penalty; revising bonding requirements;
amending s. 576.051, F.S., relating to inspection, sampling, and analysis;
authorizing search warrants for regulatory inspection by the department;
providing for the use of fertilizer analysis reports rather than certificates
of analysis; amending s. 576.055, F.S., relating to deconing, to conform;
amending s. 576.061, F.S.; relating to plant nutrient tolerances and
deficiencies; increasing penalties; conforming terminology; amending s.
576.085, F.S.; providing that the department shall establish plant nutrient
content by rule; creating s. 576.087, F.S.; requiring the use of antisyphon
devices for specified irrigation systems; amending s. 576.091, F.S.; changing
the composition of the Fertilizer Technical Council; deleting provisions

relative to official action by the council and per diem; amending s. 576.101,
F.S.; providing for cancellation, revocation, and suspension of license;

52

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

providing for probationary status; amending s. 576.111, F.S., relating to
stop-sale, stop-use, removal, and hold orders, to conform; amending s.
576.122, F.S., relating to seizure, condemnation, and sale; amending s.
576.132, F.S., relating to recovery of damages; amending s. 576.141, F.S.,
relating to sales or exchanges between manufacturers or licensees;
amending s. 576.151, F.S.; authorizing the use of specified fertilizer
materials under certain conditions; amending ss. 576.181 and 576.191, F.S.,
relating to administration, rules, procedure, and enforcement of ch. 567,
F.S.; providing for review and repeal of ch. 567, F.S.; providing an effective
date.
Referred to the Committees on Agriculture, Finance & Taxation and
Appropriations.

By Representatives Silver, Hafner, Tobin and Press-
HB 841-A bill to be entitled An act relating to condominiums;
amending s. 718.111, F.S.; revising language with respect to the corporate
entity of the association and official records; amending s. 718.112, F.S.;
revising language with respect to fidelity bonds; amending s. 718.203, F.S.;
revising language with respect to warranties; amending s. 718.3026, F.S.;
exempting certain contracts from a provision requiring competitive
bidding; amending s. 718.501, F.S.; revising language with respect to the
powers and duties of the Division of Florida Land Sales, Condominiums,
and Mobile Homes; repealing provisions relating to random investigations
by the division; repealing ss. 718.5015, 718.5016, 718.5017, and 718.5018,
F.S., relating to the appointment, powers and duties, compensation and
expenses, and location of the ombudsman; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Banjanin-
HB 843-A bill to be entitled An act relating to state government;
creating the Florida Agencies Oversight Commission; providing for
appointment of members and for staffing; providing legislative intent;
providing powers and duties; providing for review of comprehensive plans;
providing for recommendations to the Legislature; providing an effective
date.

Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representative Glickman-
HB 849-A bill to be entitled An act relating to education finance;
amending s. 236.081, F.S.; providing a formula for calculating an equity
comparison allocation for school operations; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representatives Boyd, Mitchell, Mackey, Trammell, Harris,
Bronson, K. Smith, Kelly, Crady, Lawson, Clemons, Holland and Flagg-
HB 851-A bill to be entitled An act relating to public libraries;
amending s. 257.171, F.S.; providing for multicounty libraries rather than
regional libraries; amending s. 257.172, F.S.; revising provisions relating to
state grants to libraries; providing for use of funds and computation and
adjustment of grants; amending s. 257.18, F.S.; revising provisions relating
to the computation of equalization grants; creating s. 257.195, F.S.;
providing procedures in the event of revenue shortfalls; providing an
effective date.
Referred to the Committees on Tourism, Hospitality & Economic
Development and Appropriations.

By Representative Starks-
HB 853-A bill to be entitled An act relating to public construction;
amending s. 287.084, F.S.; including construction services within those
services which may receive a preference in the competitive bidding process
if the bidder is a Florida business; prohibiting any county, municipality,
school district, or other political subdivision of the state from granting its
local businesses bid preferences over other Florida businesses; providing
an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representative Brennan-

Referred to the Committees on Governmental Operations and HB 855-SF-A bill to be entitled A proposal relating to the Americans
Appropriations. with Disabilities Act of 1990.

By Representative Huenink-
HB 845-SF-A bill to be entitled A proposal relating to imposition of
sales tax on provision of services.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representatives Huenink and Bainter-
HB 847-A bill to be entitled An act relating to local occupational
license taxes; creating s. 205.0315, F.S.; providing requirements for new
occupational license tax ordinances adopted after October 1, 1993;
amending ss. 205.032 and 205.042, F.S.; revising the time for the
publication of notice by a county or municipality prior to adoption of such
taxes; amending ss. 205.033 and 205.043, F.S.; revising fees for transfer of
licenses; providing that provisions relating to distribution of county tax
revenues do not apply to certain counties; prohibiting adoption of an
ordinance by certain counties levying an additional tax for economic
development after January 1, 1994; providing additional uses for the
revenues from the additional tax; requiring that a portion of certain county
and municipal tax revenues be used for economic development purposes;
creating s. 205.045, F.S.; providing that a municipality may transfer to the
county, and a county may transfer to a municipality, administrative duties
relating to such taxes; amending s. 205.053, F.S.; revising the date for sale
of licenses and the due date thereof; providing for civil action and penalty
for failure to obtain a required license; providing for costs and attorneys'
fees; creating s. 205.0535, F.S.; authorizing counties and municipalities to
reclassify occupations and establish new rate structures; providing
requirements and limitations; providing requirements for subsequent rate
increases; creating s. 205.0536, F.S.; providing for the distribution of
county tax revenues for certain counties; creating s. 205.0537, F.S.;
providing requirements with respect to licensing of vending and
amusement machines; providing effective dates.

Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Valdes-
HB 857-A bill to be entitled An act relating to confidential
information; amending s. 119.07, F.S.; expanding the crime victim
exemption from the public records law to victims of any crime, and
reenacting s. 119.011(3), F.S., relating to definitions, to incorporate said
amendment in a reference thereto; amending s. 119.105, F.S., relating to
victim protection, to conform; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representative Abrams-
HB 859-A bill to be entitled An act relating to municipal water and
sewer utilities; amending s. 180.191, F.S.; expanding the exemption of
municipal water and sewer utilities operating outside municipal
boundaries from county regulation; amending provisions relating to rates,
fees, and charges; providing an effective date.
Referred to the Committees on Regulated Services & Technology and
Appropriations.

By Representative Frankel-
HB 861-A bill to be entitled An act relating to alcoholic beverages;
amending s. 561.01, F.S.; defining the term "performing arts center";
amending s. 561.20, F.S.; authorizing the Division of Alcoholic Beverages
and Tobacco to issue special licenses to performing arts centers; providing
a limitation on fees for such licenses; providing an effective date.
Referred to the Committees on Regulated Industries, Finance &
Taxation and Appropriations.

53

January 14, 1992

54 JOURNAL OF THE HOUSE

By Representatives Hawkes, Lombard, Irvine, Bainter, Foley, Langton,
Graham, Wise, Friedman, Simon, Simone, Feeney, Mortham, Safley,
Sindler, Buddy Johnson, Hanson, Lewis, Pruitt and Albright-

HJR 863-A joint resolution proposing the creation of Section 10 of
Article II of the State Constitution relating to access to public records.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives Chinoy, Hafner, Rayson, Tobin, Geller, Lippman,
Silver, Bloom, Frankel, Ostrau, Gordon, Graber, Friedman, Mishkin,
Guber, Abrams, Deutsch, Glickman, Sindler, Healey, Press and Simon-
HB 865-A bill to be entitled An act relating to elections; changing the
date of the second primary election in 1992; providing an effective date.
Referred to the Committees on Ethics & Elections and Appropriations.

By Representative Clemons-
HB 867-A bill to be entitled An act relating to Bay County; repealing
chapter 20048, Laws of Florida, 1939, as amended, which provides for the
nomination, appointment, and term of office of Harbor Master; abolishing
the position of Harbor Master; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative K. Smith-
HB 869-A bill to be entitled An act relating to building designations;
designating the Ravine Gardens Civic Center located in Palatka as the
"Roy E. Campbell Civic Center"; directing the Department of Natural
Resources to erect suitable markers; providing an effective date.
Referred to the Committee on Community Affairs.

By Representative Morse-
HB 871-A bill to be entitled An act relating to motor vehicle licenses;
amending s. 320.06, F.S.; providing that the use of a letter or letters, a
number or numbers, or combinations thereof imprinted on license plates
to identify leased vehicles is prohibited; providing an effective date.
Referred to the Committee on Transportation.

By Representatives Lewis, Mortham and Simone-
HJR 873-A joint resolution proposing an amendment to Section 4,
Article X of the State Constitution, relating to homestead exemptions.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Figg, Silver and Albright-
HB 875-A bill to be entitled An act relating to transportation;
amending s. 337.175, F.S.; authorizing contractors to substitute securities,
certificates of deposit, or irrevocable letters of credit in lieu of retainage in
contracts with the Department of Transportation; amending s. 337.185,
F.S.; providing for arbitration by the State Arbitration Board, at the
contractor's option, for certain contracts with the department; eliminating
a restriction on consecutive terms on the board; providing a fee; amending
s. 337.221, F.S.; providing for a claims settlement process; providing an
effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representatives Safley, Kelly, Mortham, Lombard, Holland, Morse,
Jennings, Stone, Diaz-Balart, Tobin, De Grandy, Mackenzie, Lawson,
Langton and Goode--
HB 877-A bill to be entitled An act relating to the Florida Mobile
Home Act; amending s. 723.002, F.S.; revising language with respect to the

application of the act to creation of mobile home tenancies; amending s.
723.004, F.S.; revising language with respect to legislative intent and
preemption; amending s. 723.022, F.S.; providing that mobile home owners
shall have a right to a jury trial under certain circumstances; providing an
effective date.

;1

obtained by the Department of Legal Affairs; clarifying the exemption and
saving it from repeal; providing for future review and repeal; providing an
effective date.
Placed on the Calendar without reference.

- -- --- -I ---- -

E OF REPRESENTATIVES January 14, 1992

Referred to the Committees on Judiciary and Appropriations.

By the Committee on Regulatory Reform; Representative Tobin-
HB 879-A bill to be entitled An act relating to the Community
Development Block Grant Advisory Council; amending s. 290.049, F.S.;
providing purpose and responsibilities of the council; providing for the
appointment of council members; requiring the council to submit reports;
saving s. 290.049, F.S., from Sundown repeal; providing for future review
and repeal; providing an effective date.
Placed on the Calendar without reference.

By the Committee on Regulatory Reform; Representative Tobin-
HB 881-A bill to be entitled An act relating to the Emergency Medical
Services Advisory Council; amending s. 401.245, F.S.; specifying duties of
the council; authorizing district representation on the council; extending
council member terms of office from 3 years to 4 years; adding
representatives of the Department of Highway Safety and Motor Vehicles
and the Department of Transportation as ex officio members of the
council; clarifying reporting requirements; saving s. 401.245, F.S., from
Sundown repeal; providing for future review and repeal; providing an
effective date.
Placed on the Calendar without reference.

By the Committee on Regulatory Reform; Representative Tobin-
HB 883-A bill to be entitled An act relating to the Endangered Plant
Advisory Council of the Department of Agriculture and Consumer
Services; providing for staggered terms; repealing s. 6, ch. 85-153, Laws of
Florida; abrogating the repeal of s. 581.186, F.S., pertaining to the council,
which section is scheduled for termination by s. 6, ch. 85-153, Laws of
Florida, effective October 1, 1992; repealing s. 581.186, F.S., effective
October 1, 2002, and providing for review thereof before that date;
providing an effective date.
Placed on the Calendar without reference.

By the Committee on Regulatory Reform; Representative Tobin-
HB 885-A bill to be entitled An act relating to the hearing impaired;
amending s. 427.705, F.S.; revising language with respect to the
administration of the telecommunications access system to add hearing aid
specialists to the list of persons eligible to certify persons as being hearing
impaired; providing an effective date.
Placed on the Calendar without reference.

By Representative Dennis Jones-
HR 887-A resolution proclaiming November 15-21, 1992, as Bone
Marrow Donor Week.
Referred to the Committee on Rules & Calendar.

By Representative Gordon-
HM 889-A memorial to the Congress of the United States,
encouraging the introduction of the drug RU 486 into the United States.
Referred to the Committee on Health Care.

By the Committee on Governmental Operations; Representatives Figg
and Holzendorf-
HB 891-A bill to be entitled An act relating to confidentiality of
records pertaining to deceptive and unfair trade practices; amending s.
501.205, F.S., which provides an exemption from public records
requirements by requiring a written request before the Department of
Legal Affairs will mail proposed rules; repealing the exemption; amending
s. 501.2065, F.S., which provides an exemption from public records
requirements for criminal intelligence or investigative information

JOURNAL OF THE HOUSI

By the Committee on Governmental Operations; Representatives Figg
and Holzendorf-
HB 893-A bill to be entitled An act relating to confidentiality of
information pertaining to corporations and domestic and foreign limited
partnerships; amending ss. 607.0505 and 620.192, F.S., which provide
exemptions from public records requirements for such information
gathered by the Department of Legal Affairs; clarifying the exemptions
and saving them from repeal; revising penalties for disclosure; providing
for future review and repeal; providing an effective date.
Placed on the Calendar without reference.

By Representative Hoffmann-
HB 895-A bill to be entitled An act relating to civil liability; amending
s. 672.316, F.S., of the Uniform Commercial Code, relating to exclusion or
modification of warranties; providing that the provisions of chapter 766,
F.S., relating to medical malpractice and related matters, shall not be
applicable to any civil action brought as a result of negligently procuring,
processing, storing, distributing, or using whole blood, plasma, blood
products, and blood derivatives or of negligently procuring, processing,
testing, storing, or providing human tissues and organs for human
transplant; providing that the general negligence statute of limitations
shall apply; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Hargrett-
HB 897-A bill to be entitled An act relating to the Florida State Fair
Authority; amending s. 616.251, F.S.; providing that the authority shall be
subject to all state and local laws relating to land use, fees, and
environmental regulations; amending s. 616.252, F.S.; revising language
with respect to the composition of the authority; providing an effective
date.
Referred to the Committees on Agriculture and Appropriations.

By Representatives Lawson, Tobiassen, Trammell, Mitchell, Crady and
Boyd-
HB 899-A bill to be entitled An act relating to the Administrative
Procedure Act; amending s. 120.54, F.S.; requiring an agency to consider
the effect of proposed rules on a small county; defining and authorizing
other definitions of "small county"; providing for tiered rules under certain
circumstances; providing methods for the reduction of the impact of such
rules on a small county; providing for written notice of such proposed rules;
providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Starks-
HB 901-A bill to be entitled An act relating to annuity contracts;
amending s. 627.481, F.S.; reducing the number of years certain
corporations must have been in operation to make annuity agreements
with certain persons; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Starks-
HB 903-A bill to be entitled An act relating to drivers' licenses;
amending s. 322.15, F.S.; requiring law enforcement officers and
representatives of the Department of Highway Safety and Motor Vehicles
to make a reasonable effort to establish the identity of persons who fail to
display a driver's license; authorizing the search of certain department
records for the purpose of driver identification; providing an effective date.
Referred to the Committees on Transportation and Appropriations.

January 14, 1992

By Representatives Sindler, C. Smith, Rush, Webster, Reddick, Stone HJR 915-A joint resolution proposing an amendment to Section 7 of
and Feeney- Article X of the State Constitution, relating to lotteries.
HB 905-A bill to be entitled An act relating to water resources; Referred to the Committees on Regulated Industries, Finance &
creating s. 373.4597, F.S.; creating the "Lake Apopka Habitat Restoration Taxation and Appropriations.

E OF REPRESENTATIVES 55

and Management Act"; providing legislative intent; creating the Lake
Apopka Habitat Restoration and Management Board; providing for the
membership and powers and duties of the board; providing for staff;
creating the Lake Apopka Habitat Restoration and Management Advisory
Council; providing for review and repeal; providing an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Lombard-
HB 907-A bill to be entitled An act relating to designation of state
buildings; designating the fine arts building on the Sarasota campus of the
University of South Florida as the Christiane Felsmann Fine Arts
Building; designating the arcade and courtyard of the fine arts complex on
the Sarasota campus of the University of South Florida as the PepsiCo
Fine Arts Arcade and Courtyard; designating the former residence of Irene
BonSeigneur on the Sarasota campus of the University of South Florida
as the Irene Bauernfeind Ringling BonSeigneur Hall; authorizing the
Department of Education to erect appropriate markers; providing an
effective date.
Referred to the Committee on Postsecondary Education.

By Representative Albright-
HB 909-A bill to be entitled An act relating to public employees;
creating s. 112.172, F.S.; providing legislative intent; requiring
governments who provide certain payments for unused accrued leave upon
termination of employment to fund such payments on an annual basis;
providing for public notice; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Burke-
HB 911-A bill to be entitled An act relating to sentencing; amending
s. 921.141, F.S.; providing that recommendations of life imprisonment in
capital cases by two or more jurors are binding on the court; providing that
a defendant convicted of a capital felony and sentenced to life
imprisonment shall have imposed a sentence of life imprisonment without
eligibility for parole or other early release, and reenacting ss. 782.04(1)(b)
and 794.011(2), F.S., relating to murder and sexual battery, to incorporate
said amendment in references thereto; amending s. 775.082, F.S., relating
to penalties, to conform; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Hargrett-
HB 913-A bill to be entitled An act relating to drawings by chance;
amending ss. 849.09, 849.0935, F.S.; making it lawful for certain nonprofit
organizations, and their officers, employees, members, and auxiliary
members, to conduct and operate certain drawings by chance; authorizing
the requirement of payment of an entry fee or other consideration to enter
such a drawing if certain conditions are met; specifying use of proceeds;
requiring maintenance of certain records; providing for inspection of
records; limiting individuals who may participate in the conduct of games;
prohibiting the payment of compensation to persons conducting such
games; providing exceptions; prohibiting the use of mechanical or electrical
devices or media in playing such drawings; prohibiting drawings contingent
on other contests; specifying other unlawful acts; providing penalties;
providing a conditional effective date.
Referred to the Committees on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Hargrett-

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Roberts-
HB 917-A bill to be entitled An act relating to operating a vessel while
intoxicated; amending s. 327.351, F.S.; providing that the offense of
operating a vessel while intoxicated is a third-degree felony if such
operation causes serious bodily injury; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Roberts-
HB 919-A bill to be entitled An act relating to the Spaceport Florida
Authority; creating s. 331.355, F.S.; prohibiting corporate names from
containing the word spaceportt" unless the Spaceport Florida Authority
approves the name in writing; providing a period for existing corporations
to comply; providing an effective date.
Referred to the Committee on Regulated Services & Technology.

By Representative Roberts-
HB 921-A bill to be entitled An act relating to criminal investigations
and prosecutions; amending s. 16.56, F.S.; authorizing the statewide
prosecutor to investigate and prosecute all crimes involving fraud or deceit;
amending s. 905.34, F.S.; expanding the jurisdiction of the statewide grand
jury to include all crimes involving fraud or deceit; providing an effective
date.
Referred to the Committee on Criminal Justice.

By Representative Morse-
HJR 923-A joint resolution proposing an amendment to Section 3 of
Article VII of the State Constitution relating to ad valorem taxation.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Laurent-
HB 925-A bill to be entitled An act relating to reapportionment;
providing definitions; providing requirements with respect to meetings of
reapportionment committees of the Legislature; providing for public access
to committee meetings and records; providing requirements with respect
to reapportionment plans; providing criteria for legislative and
congressional redistricting; providing an effective date.
Referred to the Committees on Reapportionment and Appropriations.

By the Committee on Transportation; Representative Peeples-
HB 927-A bill to be entitled An act relating to motor vehicle
registration; amending s. 320.0808, F.S.; revising language with respect to
the Challenger license plate to add reference and the funding mechanism
for the Center for Space Education; removing reference to the Space
Research Foundation; providing additional power of the Auditor General;
providing for a report; providing an effective date.
Referred to the Committee on Appropriations.

By Representative Stone-
HB 929-A bill to be entitled An act relating to business opportunities;
amending s. 559.801, F.S.; including advertisements of certain products in
the definition of "business opportunities"; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representative Stone--
HB 931-A bill to be entitled An act relating to transportation of
students; amending s. 234.01, F.S.; requiring school boards to fund
transportation of middle school students who are subject to hazardous
walking conditions; creating s. 234.022, F.S.; determining hazardous
walking conditions for middle school students; amending s. 236.083, F.S.;
providing funding for transportation of middle school students who are

subjected to hazardous walking conditions; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Stone-
HB 933-A bill to be entitled An act relating to the community college
system; amending s. 240.35, F.S.; providing a fee exemption for certain
students who are enrolled in approved apprenticeship programs; providing
reporting requirements; prohibiting inclusion of those students in
calculations of fee-waived enrollments; providing an effective date.
Referred to the Committees on Vocational/Technical Education and
Appropriations.

By Representative Jamerson-
HB 935-A bill to be entitled An act relating to law enforcement
officers; amending s. 112.19, F.S.; redefining the term "law enforcement
officer" with respect to death benefits to include officers who serve process
or attend terms of the circuit or county court as bailiffs; providing an
effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Graham-
HB 937-A bill to be entitled An act relating to corporations; amending
s. 607.0120, F.S.; revising filing requirements; amending s. 607.0123, F.S.;
revising language with respect to the effective time and date of certain
documents; amending s. 607.0124, F.S.; revising language with respect to
correcting a filed document; amending s. 607.0202, F.S.; deleting certain
required information in the articles of incorporation; amending s. 607.0301,
F.S.; revising language with respect to the purposes and application of the
Florida Business Corporation Act; amending s. 607.0401, F.S.; revising
language with respect to the corporate name; amending s. 607.0501, F.S.;
eliminating a required report filed by a registered agent; amending s.
607.0502, F.S.; revising language with respect to the resignation of a
registered agent; amending s. 607.0601, F.S.; revising language with respect
to authorized shares; amending s. 607.0603, F.S.; revising language with
respect to outstanding shares; amending s. 607.0620, F.S.; revising language
with respect to subscribers who default; amending s. 607.0703, F.S.;
revising language with respect to court ordered meetings; amending s.
607.0704, F.S.; revising language with respect to actions by shareholders
without a meeting; amending s. 607.0720, F.S.; revising language with
respect to shareholders' list for meeting; amending s. 607.0725, F.S.;
providing additional requirements with respect to quorum and voting
requirements; repealing s. 607.0727, F.S., relating to shareholder quorum
and voting and greater or lesser voting requirements; amending s. 607.0730,
F.S.; revising language with respect to voting trusts; amending s. 607.0731,
F.S.; revising language with respect to shareholders' agreements; amending
s. 607.0804, F.S.; revising language with respect to the election of directors
by certain voting groups; amending s. 607.0806, F.S.; revising language with
respect to staggered terms for directors; amending s. 607.0831, F.S.;
deleting a provision relating to the liability of directors which provided for
application to nonprofit corporations; amending s. 607.08401, F.S.; revising
language with respect to required officers; amending s. 607.0842, F.S.;
providing criteria for the removal of an officer or agent elected by the
shareholders; amending s. 607.0901, F.S.; revising language with respect to
affiliated transactions; amending s. 607.0902, F.S.; revising language with
respect to control-share transactions; amending s. 607.1002, F.S.; providing
that the board of directors may adopt an amendment to the articles of
incorporation, without shareholder action, to change the par value for a
class or series of shares; amending s. 607.1006, F.S.; revising language with
respect to articles of amendment; amending s. 607.1103, F.S.; deleting
language which provides that action by the shareholders of a surviving
corporation is not required with respect to action on a plan under certain
circumstances; amending s. 607.1104, F.S.; revising language with respect
to the merger of a subsidiary corporation; amending s. 607.1320, F.S.;
revising language with respect to the procedure for exercise of dissenters'
rights; amending s. 607.1406, F.S.; revising language with respect to claims
against a dissolved corporation; amending s. 607.1430, F.S.; revising
language with respect to grounds for judicial dissolution; amending s.

607.1433, F.S.; revising language with respect to judgment of dissolution;
amending s. 607.1506, F.S.; revising language with respect to the use of a

56

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

fictitious name; amending s. 607.1507, F.S.; requiring a filed written
statement by certain registered agents; amending s. 607.1508, F.S.; revising
language with respect to a registered agent's change of address; amending
s. 607.1509, F.S.; revising language with respect to the termination of an
agency appointment; amending s. 201.05, F.S.; revising language with
respect to the tax on stock certificates; amending s. 617.01201, F.S.;
providing that certain documents filed by corporations not for profit must
be legible; amending s. 617.0123, F.S.; revising language with respect to the
effective date of a document; amending s. 617.0124, F.S.; revising language
with respect to correcting filed documents; amending s. 617.0202, F.S.;
providing additional required information to be set forth in the articles of
incorporation; amending s. 617.0401, F.S.; revising language with respect
to the corporate name; amending s. 617.0501, F.S.; revising language with
respect to a registered agent; amending s. 617.0502, F.S.; revising language
with respect to the resignation of a registered agent; creating s. 617.0503,
F.S.; providing for duties of registered agents; amending s. 617.0601, F.S.;
revising language with respect to corporation members; amending s.
617.0701, F.S.; revising language with respect to members' meetings;
amending s. 617.0721, F.S.; providing for voting by members; creating s.
617.0730, F.S.; providing for required provisions with respect to members
of the corporation; amending s. 617.0808, F.S.; revising language with
respect to removal of directors; amending s. 617.0833, F.S., relating to loans
to directors or officers; amending s. 617.1001, F.S.; providing for
amendments to the articles of incorporation; amending s. 617.1002, F.S.;
revising language with respect to the procedure for amendments to the
articles of incorporation; amending s. 617.1007, F.S.; revising language with
respect to restated articles of incorporation; amending s. 617.1401, F.S.;
providing that articles of dissolution must be executed in a certain manner;
amending s. 617.1433, F.S.; providing for judgment of dissolution;
amending s. 617.1504, F.S.; providing an additional set of circumstances
requiring an amended certificate of authority; amending s. 617.1506, F.S.;
revising language with respect to the corporate name of a foreign
corporation; amending s. 617.1507, F.S.; revising language with respect to
the registered office and registered agent of a foreign corporation;
amending s. 617.1508, F.S.; revising language with respect to change of
address of a registered agent; amending s. 617.1509, F.S.; providing for the
termination of agency appointments for foreign corporations; amending s.
617.1601, F.S.; revising language with respect to corporate records; creating
s. 617.1602, F.S.; providing for inspection of records by members; creating
s. 617.1603, F.S.; providing for the scope of the inspection right; creating
s. 617.1604, F.S.; providing for court ordered inspection; creating s.
617.1605, F.S.; providing for financial reports for members; amending s.
617.1622, F.S.; providing for additional information in an annual report;
amending s. 617.1623, F.S.; revising language with respect to corporate
information available to the public; amending s. 617.1908, F.S.; providing
for the applicability of the Business Corporation Act; creating s. 617.2102,
F.S.; providing for fines and penalties against members; creating s.
617.2103, F.S.; providing exemptions for certain corporations; amending s.
620.103, F.S.; revising language with respect to the name of a limited
partnership; providing an effective date.
Referred to the Committees on Commerce, Finance & Taxation and
Appropriations.

By Representatives Langton and Tobin--
HB 939-A bill to be entitled An act relating to motor vehicle
inspection; amending s. 325.202, F.S.; clarifying that inspection certificates
can be issued by reinspection facilities; adding a definition of reinspectionn
facility"; amending s. 325.203, F.S.; removing a net weight exemption;
providing for inspection of vehicles owned or leased by federal and local
governments; providing for 12-month validity of inspection certificates
precedent to sale; amending s. 325.207, F.S.; providing penalties for false
documentation provided by a contractor; amending s. 325.209, F.S.;
excluding vehicles offered for retail sale from eligibility for waiver;
clarifying when repair expenses must occur; amending s. 325.211, F.S.;
deleting requirement pertaining to when repairs must occur, and
authorizing the department to contract for diagnostic services; amending

s. 325.212, F.S.; changing the term "certified" to "licensed"; clarifying the
Department of Highway Safety and Motor Vehicle's responsibility to

monitor and evaluate reinspection facilities; amending s. 325.213, F.S.;
providing for nonrefundable fees; deleting requirement for national
criminal background check; providing for payment of processing costs by
the applicant; providing for imposition of civil fines on reinspection
facilities and self-inspectors for violations of law or rules; amending s.
325.214, F.S.; establishing inspection delinquency fee date to be consistent
with registration delinquency fee date; exempting certain vehicles; revising
revenue remittance schedule; amending s. 325.216, F.S.; prohibiting
fraudulent acts or presentation of fraudulent documentation or
information and providing penalties therefore; providing an effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representative Hoffmann-
HB 941-A bill to be entitled An act relating to motor vehicle licenses;
amending s. 322.34, F.S.; directing law enforcement officers to take custody
of an operator's license or a Florida Identification Card under certain
circumstances and forward the license or card to the Department of
Highway Safety and Motor Vehicles; providing an effective date.
Referred to the Committee on Transportation.

By Representative Stafford-
HB 943-A bill to be entitled An act relating to DNA analysis; creating
s. 760.40, F.S.; defining "DNA analysis"; providing that records of DNA
analysis are confidential and may not be released without the informed
consent of the test subject; providing an exemption from public records
requirements; providing for review; authorizing release of records relating
to persons involved in certain criminal prosecutions; providing an effective
date.
Referred to the Committee on Governmental Operations.

By Representative Long-
HB 945-A bill to be entitled An act relating to Pasco County;
amending chapter 84-506, Laws of Florida; revising filing dates for
municipal elections; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Ethics &
Elections.

By Representative Roberts-
HB 947-A bill to be entitled An act relating to Brevard County;
providing for the relief of Julian S. Mangum, Sr., to compensate him for
the loss of his business inventory taken by the Brevard County Sheriff's
Department; providing for payment by the Brevard County Sheriff's
Department; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Claims.

By Representative Reaves-
HB 949-A bill to be entitled An act relating to criminal offenses;
amending s. 893.13, F.S.; providing for increased penalties with respect to
offenses involving controlled substances which are committed within a
"safe senior citizen zone"; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Rayson-
HB 951-A bill to be entitled An act relating to collateral sources of
indemnity; amending s. 768.76, F.S.; requiring notice of tort claims to
collateral sources of indemnity; requiring collateral sources to assert their
rights of subrogation within a specified time; specifying rights of
reimbursement; providing for resolution of disputes between claimants and
collateral sources; limiting rights of subrogation of insurers and health
maintenance organizations; requiring collateral source providers to
cooperate with certain claimants under certain circumstances; repealing s.

627.7372, F.S., relating to collateral sources of indemnity; providing an
effective date.

57

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committees on Judiciary and Appropriations.

By Representative Lewis-
HB 953-A bill to be entitled An act relating to the Yacht and Ship
Brokers' Act; amending s. 326.004, F.S.; deleting the requirement that
applicants for licensure must have 3 personal references; requiring the
submission of fingerprints; providing for temporary licensure; providing an
effective date.
Referred to the Committees on Regulatory Reform and Appropriations.

By Representatives Roberts, Press, Gordon, Abrams, Frankel, Rush and
Rojas-
HB 955-A bill to be entitled An act relating to medical practice;
repealing s. 458.331(1)(gg), F.S., relating to grounds for disciplinary action
with respect to a health care provider who makes certain referrals;
repealing s. 459.015(1)(k), F.S.; relating to disciplinary grounds for
osteopaths; repealing s. 460.413(1)(k), F.S.; relating to disciplinary grounds
for chiropractors; repealing s. 461.013(1)(j), F.S.; relating to disciplinary
grounds for podiatrists; repealing s. 463.016(1)(m), F.S.; relating to
disciplinary grounds for optometrists; repealing s. 466.028(1)(n), F.S.;
relating to disciplinary grounds for dentists; creating the "Patient Self-
Referral Act of 1992"; providing legislative intent; providing definitions;
prohibiting certain financial arrangements between referring health care
providers and providers of health care services; providing for grounds for
disciplinary action; providing for disclosure of ownership and alternative
providers of health care services; providing penalties for violation of
disclosure provisions; amending s. 455.25, F.S., relating to disclosure of
financial interests; providing a penalty; providing an effective date.
Referred to the Committees on Health Care and Appropriations.

By Representative C. Smith-
HB 957-A bill to be entitled An act relating to sovereignty lands;
providing legislative intent; requiring certain notification of purchasers of
real property which borders sovereignty lands; providing notice format;
providing an effective date.
Referred to the Committee on Judiciary.

By Representative Lawson-
HB 959-A bill to be entitled An act relating to state attorneys and
public defenders; amending ss. 27.25 and 27.53, F.S.; authorizing the state
attorney and the public defender in each judicial circuit, in developing the
pay and classification plan for employees, to develop the plan in
accordance with the provisions of law relating to the Selected Exempt
Service System; providing an effective date.
Referred to the Committee on Employee & Management Relations.

By Representative Hawkins-
HB 961-A bill to be entitled An act relating to securities dealers;
amending s. 517.12, F.S.; increasing the registration fee for certain persons
and offices; providing for phase-in of such fee for associated persons for
calendar year 1992; providing an effective date.
Referred to the Committees on Commerce, Finance & Taxation and
Appropriations.

By Representative Albright-
HB 963-A bill to be entitled An act relating to health maintenance
organization contracts; amending s. 641.3108, F.S.; revising requirements
for cancellation and notice of cancellation; amending s. 641.31, F.S.;
revising reimbursement entitlement of health maintenance organizations
to accord with provisions relating to collateral sources of indemnity,
including attorney's fees; amending s. 641.28, F.S.; revising the civil remedy
for attorney's fees in actions brought to enforce the terms and conditions

of health maintenance organization contracts; providing an effective date.
Referred to the Committees on Health Care and Appropriations.

By Representative Gutman-
HB 965-A bill to be entitled An act relating to the statute of
limitations in medical malpractice actions; amending s. 95.051, F.S.;
providing for tolling the running of the time until the fifth birthday of a
child claimant; adding a reference to the tolling of the period during the
90-day period following service of notice of intent to initiate litigation, and
reenacting ss. 95.031 (introductory paragraph) and 684.24(3)(a), F.S.,
relating to computation of time and court proceedings upon final awards,
to incorporate said amendment in references thereto; amending ss. 95.11,
766.106, and 768.28, F.S., relating to limitations of actions, presuit
screening of medical malpractice actions, and waiver of sovereign
immunity in tort actions, to conform; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Holland-
HB 967-A bill to be entitled An act relating to boating safety;
amending s. 327.02, F.S.; providing definitions; creating s. 327.462, F.S.;
providing maximum speed limits for vessels; providing exceptions;
providing for the application of the section; providing penalties; providing
an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Simon-
HB 969-A bill to be entitled An act relating to patient information and
records; providing an exception to confidentiality requirements; providing
an effective date.
Referred to the Committee on Governmental Operations.

By Representative Mortham-
HB 971-A bill to be entitled An act relating to the Department of the
Lottery; requiring a study of the reinvestment of unclaimed lottery prize
money; providing general guidelines for the study; requiring a report to
legislative leadership; providing an effective date.
Referred to the Committees on Regulated Services & Technology,
Finance & Taxation and Appropriations.

By Representative Figg-
HB 973-A bill to be entitled An act relating to public records;
amending s. 119.07, F.S.; revising the exemption from public records
requirements for personal information relating to law enforcement officers,
certain personnel of the Department of Health and Rehabilitative Services,
firefighters, justices, and judges; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representative Daryl Jones-
HB 975-A bill to be entitled An act relating to the mechanics' lien law;
amending s. 713.01, F.S.; defining the term "architect" and redefining the
term "contractor"; amending s. 713.07, F.S.; providing for the priority of
construction liens in foreclosure proceedings; amending s. 713.132, F.S.;
providing an additional statement in a notice of termination; amending s.
713.16, F.S.; authorizing contractors to demand of lienors a written
statement showing the nature of labor or services performed and other
matters; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Young--
HB 977-A bill to be entitled An act relating to manufactured homes;
amending s. 320.01, F.S.; defining the term "manufactured home";
amending s. 320.8285, F.S.; revising language with respect to onsite
inspections to include reference to manufactured homes; providing an

effective date.
Referred to the Committees on Transportation and Appropriations.

58

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Gordon-
HB 979-A bill to be entitled An act relating to sexual harassment;
amending s. 760.02, F.S.; defining "sexual harassment"; creating s. 760.07,
F.S.; stating policy; creating s. 760.08, F.S.; providing employer duties;
providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representatives Sindler and Rojas-
HB 981-SF-A bill to be entitled A proposal relating to the
Department of Health and Rehabilitative Services.
Filed

By Representative Foley-
HB 983-A bill to be entitled An act relating to education; amending
s. 231.095, F.S.; providing requirements relating to teaching out-of-field in
subject areas required for graduation; correcting a cross reference;
providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Corr-
HB 985-A bill to be entitled An act relating to adoptions; amending
s. 63.032, F.S.; providing a definition; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Sansom-
HB 987-A bill to be entitled An act relating to contracting; creating
s. 489.526, F.S.; providing reciprocity for journeyman electricians;
authorizing a registration fee; authorizing certain examinations; providing
for review and repeal; providing an effective date.
Referred to the Committees on Regulatory Reform and Appropriations.

By Representatives Goode and Pruitt-
HB 989-A bill to be entitled An act relating to local government
impact fees; creating the "Florida Impact Fee Act"; providing legislative
intent; providing definitions; requiring that any local government
exercising its authority to impose impact fees on new development by
ordinance do so in accordance with the act; requiring that such local
government must have submitted a local comprehensive plan; specifying
effect on certain existing special acts or general laws of local application;
providing standards and requirements for impact fee ordinances; requiring
that certain credits be given against impact fees; providing requirements
for maintenance of, and accounting for, impact fee revenues, and for
expenditure thereof; providing procedures and requirements for refunds;
authorizing intergovernmental agreements; specifying effect on existing
laws and local ordinances; exempting certain electric utility impact fees;
providing an effective date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representatives Sindler, Stone, Webster, Feeney, Reddick, McEwan,
Starks and Grindle--
HB 991-A bill to be entitled An act relating to the Orlando-Orange
County Expressway Authority; authorizing the authority to construct a
portion of the Western Beltway known as the Northwest Beltway Part A;
providing for funding; providing that any portion of the Western Beltway
financed by certain revenue bonds shall not be part of the Florida
Turnpike; providing an effective date.
Referred to the Committees on Transportation and Appropriations.

By Representative C. F. Jones-
HB 993-A bill to be entitled An act relating to county and municipal

juvenile delinquency services; creating s. 39.0215, F.S.; providing for
administering county and municipal juvenile delinquency programs and

facilities, including secure detention facilities; providing for transfers of
children; providing for payment of children performing services in work
programs; requiring that county and municipal programs comport with
state law and department rules and coordinate with other services;
requiring quarterly inspections and evaluations by the department;
ensuring the training of personnel; amending s. 39.057, F.S.; authorizing
county and municipal boot camps; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Pruitt-
HB 995-A bill to be entitled An act relating to the local option tourist
development tax; amending s. 125.0104, F.S.; removing authority to use tax
revenues for beach improvement and maintenance; providing an effective
date.
Referred to the Committees on Tourism, Hospitality & Economic
Development, Finance & Taxation and Appropriations.

By Representatives Starks, Bainter and Feeney-
HB 997-A bill to be entitled An act relating to motor vehicle license
plates; providing for the issuance of "Purple Heart" license plates to
recipients of the Purple Heart; requiring payment of a use fee; requiring
the Department of Highway Safety and Motor Vehicles to transfer the
proceeds of such fee to the State Treasury for deposit into the State Homes
for Veterans Trust Fund for use for the construction and operation of
domiciliary and nursing homes for veterans; providing an effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representatives Tobin and Rush-
HB 999-A bill to be entitled An act relating to insurance; creating the
Florida Family Building Act; creating ss. 627.6405 and 627.65735, F.S.;
requiring individual and group health insurance policies to include
coverage for tests for infertility and infertility treatment; providing for a
deductible, specified coverage of the usual and customary charges, a cap
on certain procedures, and certain applicability; providing an exemption;
providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Geller-
HB 1001-A bill to be entitled An act relating to insurance; amending
s. 624.155, F.S.; requiring the Department of Insurance to maintain certain
records; requiring the department to provide copies of such records under
certain circumstances; authorizing the department to charge a fee; requires
only persons who claim punitive damages to post in advance the costs of
discovery; authorizing third party claimants to plead statutory or common
law causes of action for bad faith; limiting recovery of damages; specifying
total recoverable damages; providing legislative intent; providing an
effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Stafford-
HB 1003-A bill to be entitled An act relating to ad valorem tax
administration; amending s. 200.065, F.S.; revising provisions which
authorize a taxing authority to adjust its adopted millage rate without
public hearing when the variance between the certified assessment roll and
the roll as subsequently changed exceeds a specified percentage; revising
that percentage; amending s. 200.069, F.S.; prescribing a method for
correction of errors in the notice of proposed property taxes; providing an
effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Sindler-
HB 1005-SF-A bill to be entitled A proposal relating to child abuse

investigations.
Filed

January 14, 1992

59

60

JOURNAL OF THE HOUSI

By Representative Ostrau-
HB 1007-A bill to be entitled An act relating to ethics in government;
amending s. 112.313, F.S.; including any person serving as an attorney for
a county, municipality, or special district within the definition of "public
officer" for purposes of provisions which specify standards of conduct with
respect to solicitation or acceptance of gifts, doing business with one's
agency, compensation, misuse of public position, conflicting employment
or contractual relationships, and disclosure or use of certain information,
and penalties and enforcement with respect thereto; providing an effective
date.
Referred to the Committee on Ethics & Elections.

By Representative Corr-
HB 1009-A bill to be entitled An act relating to elections; amending
s. 99.061, F.S.; requiring candidates at the time of qualifying to subscribe
to an oath affirming reading knowledge and comprehension of state law
relating to ethics in government, lobbying, and the code of ethics for public
officers and employees; amending ss. 99.092, 99.093, 103.121, and 105.031,
F.S.; changing the basis of filing fees and election and party assessments;
amending s. 106.07, F.S.; requiring candidates to remit a portion of
contributions received from political committees and committees of
continuous existence to the filing officer for transfer to the Division of
Elections for subsequent deposit of portions thereof into specified funds
and distribution of the remainder to the supervisors of elections to help
defray costs relating to the provision of campaign contributor lists;
amending s. 106.143, F.S.; requiring political advertisements of certain
candidates to state that a list of the contributors, including the amounts
contributed, of such a candidate can be obtained from the candidate's
filing officer; amending s. 106.32, F.S.; eliminating the transfer of funds
from general revenue to the Election Campaign Financing Trust Fund;
providing an effective date.
Referred to the Committees on Ethics & Elections, Finance & Taxation
and Appropriations.

By Representative Gordon-
HB 1011-A bill to be entitled An act for the relief of M. H., a single
woman; providing an appropriation to compensate her for injuries
sustained as a result of the negligence of the District Board of Trustees of
Miami-Dade Community College; providing an effective date.
Referred to the Committee on Claims.

By Representative Dennis Jones-
HB 1013-A bill to be entitled An act relating to corporate income tax;
creating s. 220.191, F.S.; providing a credit against said tax for certain
businesses which establish a workforce education pilot program; providing
requirements and limitations; providing for expiration; providing an
effective date.
Referred to the Committees on Vocational/Technical Education,
Finance & Taxation and Appropriations.

By Representative K. Smith-
HB 1015-A bill to be entitled An act relating to the registration of
electors; creating s. 97.0625, F.S.; providing an alternative procedure for
the registration of electors in lieu of registering in person; providing for the
creation and approval of alternative registration forms by the Department
of State; providing for local variance, completeness, timely presentation,
correction of deficiencies, and availability of forms; providing for the
forwarding of registrations; amending ss. 97.041, 98.111, and 101.692, F.S.,
to conform; amending s. 97.071, F.S.; providing requirements for
registration identification cards returned as nondeliverable; amending s.
104.012, F.S.; providing penalties for attempting to deter a person from
registering or for interfering with the exercise of a person's right to register;
prohibiting compensation for registration based on the number of
registrations obtained and providing a penalty with respect thereto;

repealing s. 97.063, F.S., relating to eligibility for absentee registration;
providing an effective date.

E OF REPRESENTATIVES January 14, 1992

Referred to the Committees on Ethics & Elections and Appropriations.

By Representative Safley--
HB 1017-A bill to be entitled An act relating to the Florida Public
Service Commission; amending s. 350.0605, F.S.; prohibiting former
commission members from accepting employment or compensation from
certain entities for a period of 2 years following termination of service;
providing requirements with respect to judicial determinations concerning
the act; providing an effective date.
Referred to the Committee on Regulated Services & Technology.

By Representative Reddick-
HB 1019-A bill to be entitled An act relating to uniform traffic
control; providing legislative intent; amending s. 316.003, F.S.; defining the
term "traffic control signal photographic system"; amending s. 316.0745,
F.S.; including traffic control signal photographic systems under uniform
signals and devices; creating s. 316.1972, F.S.; authorizing counties and
municipalities to adopt ordinances providing for traffic control signal
photographic systems; providing for the requirements of such ordinances;
providing penalties; providing an effective date.
Referred to the Committees on Transportation and Appropriations.

By Representatives Garcia and De Grandy-
HM 1021-A memorial to the Congress of the United States urging
Congress to adopt Senate Bill 1878 or similar legislation to provide
financial assistance to condominium homeowners of federally insured
properties that have structural defects.
Referred to the Committee on Judiciary.

By Representative Bloom--
HB 1023-A bill to be entitled An act relating to emergency
management; creating s. 252.311, F.S.; providing legislative intent;
amending s. 252.32, F.S.; clarifying policy and purpose with respect to
emergency management; amending s. 252.34; F.S.; providing definitions;
amending s. 252.36, F.S.; providing clarifying language with respect to the
emergency management powers of the Governor; amending and
renumbering s. 252.35, F.S.; creating the Division of Emergency
Management; providing duties and responsibilities; creating s. 252.365,
F.S.; prohibiting the sale of supplies, services, provisions, or equipment
during states of emergency at excessive prices; directing the Department
of Agriculture and Consumer Services to investigate complaints;
authorizing the state attorney to issue subpoenas and initiate proceedings;
amending s. 252.37, F.S.; creating the Emergency Management Assistance
Trust Fund; providing for the distribution of funds; providing a surcharge;
amending s. 252.38, F.S.; clarifying the emergency management powers of
counties and municipalities; amending and renumbering s. 252.355, F.S.;
requiring voluntary registries of disabled persons; specifying the purpose
of such registries; specifying the duties of the Department of Health and
Rehabilitative Services with regard to such registries; providing an
exemption from public records requirements for records and information
relative to such registries; providing for future review and repeal; providing
timeframes for notification by electric utilities; amending s. 252.51, F.S.;
providing immunity from liability; amending s. 252.83, F.S.; requiring
funding to county governments; amending s. 401.24, F.S.; providing for a
medical disaster component of the emergency medical services plan;
amending s. 624.5092, F.S.; requiring the Department of Revenue to
administer, audit, and enforce the assessment and collection of the
surcharge imposed by s. 252.37, F.S.; providing for future review and repeal
of s. 252.37, F.S.; providing an effective date.
Referred to the Committees on Veterans & Military Affairs &
Emergency Preparedness, Finance & Taxation and Appropriations.

By Representative Arnall--

HB 1025-A bill to be entitled An act relating to the Farm Equipment
Manufacturers and Dealers Act; amending s. 686.402, F.S.; defining the
term "mechanized construction equipment"; amending s. 686.403, F.S.;
providing that the act applies to mechanized construction equipment;
providing an effective date.

Referred to the Committee on Agriculture.

By Representative Jamerson-
HB 1027-A bill to be entitled An act relating to district school boards;
amending s. 231.495, F.S.; revising criteria by which district school boards
are authorized to purchase supplemental retirement annuities for all school
personnel; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Brown-
HB 1029-A bill to be entitled An act relating to child support; creating
s. 61.31, F.S.; providing that the court, in an action for child support, may
order parents to support their child's education, including his
postsecondary education; providing factors that the court must consider in
awarding support for postsecondary education; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Mishkin-
HB 1031-A bill to be entitled An act relating to toxics use reduction;
creating the "Florida Toxics Use Reduction Act"; providing legislative
intent; providing definitions; establishing the Office of Toxics Use
Reduction in the Department of Environmental Regulation; providing
duties and responsibilities of the office; providing responsibilities of the
department; providing responsibilities of state agencies; creating the
Toxics Use Reduction and Pollution Prevention Trust Fund; imposing
toxics use fees; specifying uses of such fees; requiring certain facilities to
prepare toxics use reduction plans; specifying plan contents; providing
confidentiality for trade secrets; providing procedures for determining and
resolving trade secret claims; requiring certain persons to prepare annual
toxics use reduction reports; providing for civil actions against certain
toxics users; providing limitations; providing for enforcement by the
department; providing penalties; providing for injunctive relief; providing
an effective date.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representatives Sindler and Rojas-
HB 1033-SF-A bill to be entitled A proposal relating to educational
funding.
Filed

By Representative Roberts-
HB 1035-A bill to be entitled An act relating to Brevard County;
amending chapter 28924, Laws of Florida, 1953, as amended, relating to the
North Brevard County Hospital District; providing for the appointment
authority for members of the hospital board; providing for the distribution
of assets of the district in event of its dissolution; providing an effective
date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Health Care.

By Representatives Stafford and Sindler-
HB 1037-A bill to be entitled An act relating to driving vehicles or
operating vessels under the influence; amending ss. 316.193, 316.1934,
322.2615, 322.64, 327.35, and 327.354, F.S.; lowering the blood alcohol level
constituting an element of such offenses; revising provisions relating to
presumptions, testing, and license suspension to conform; reenacting ss.
25.387(3), 316.072(4)(b), 316.1932(3), 316.1933(4), 316.1937(1), 316.655(4),
316.656, 318.17(3), 322.03(2), 322.0602(2)(a), 322.12(2), 322.264(1)(b),
322.271(2)(a) and (c) and (4), 322.28(2) and (5)(a), 322.282(2)(a),
322.291(1)(a), 322.44(IV)(1)(a) and (b), 322.63(2)(d) and (6), 627.758(4),
790.06(2)(f) and (10)(f), 903.36(2), and 960.03(3), F.S., relating to certain

DUI assessments, obedience to traffic laws, access to information on tests
for impairment or intoxication, ignition interlock devices, penalties,

61

adjudication, noncriminal infractions, the Youthful Drunk Driver
Visitation Program, issuance, suspension, and revocation of drivers'
licenses, arrest bonds, concealed weapon permits, and crimes
compensation, to incorporate the amendment to s. 316.193, F.S., in
references thereto; reenacting ss. 327.351(1), 327.352(3), 327.3521(1) and
(2), and 327.353(4), F.S., relating to operation of a vessel while intoxicated,
access to information on tests for impairment or intoxication, and penalty
for failure to submit to a breath or urine test for impairment or
intoxication, to incorporate the amendment to s. 327.35, F.S., in references
thereto; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Garcia-
HB 1039-A bill to be entitled An act relating to education; amending
s. 232.2462, F.S.; revising provisions relating to receipt of credit for high
school graduation for full-year courses; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Garcia-
HB 1041-A bill to be entitled An act relating to educational facilities;
amending s. 235.196, F.S.; revising conditions with respect to requests for
funds to construct a community educational facility; requiring the Office
of Educational Facilities through an independent appraiser to determine
the value of existing sites for purposes of developing community education
facilities; repealing s. 235.195(4), F.S., relating to limitations on funding for
a joint-use facility; providing an effective date.
Referred to the Committees on Postsecondary Education and
Appropriations.

By Representative Glickman-
HB 1043-A bill to be entitled An act relating to radon; amending s.
404.056, F.S.; requiring owners who sell buildings to provide prospective
tenants or purchasers with certain information relative to radon gas;
limiting liability for civil damages; providing an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representatives Davis and Flagg-
HB 1045-A bill to be entitled An act relating to student financial aid;
providing legislative intent; amending s. 232.2467, F.S.; deleting reference
to the Vocational Achievement Grant Program; amending s. 240.404, F.S.;
correcting cross references; amending s. 240.4062, F.S.; replacing the
Critical Teacher Shortage Scholarship Loan Program with the Critical
Teacher Shortage Forgivable Loan Program; revising provisions relating to
student eligibility and loan awards; amending s. 240.4065, F.S.; conforming
language; amending s. 240.4068, F.S.; replacing the "Chappie" James Most
Promising Teacher Scholarship Loan Program with the "Chappie" James
Most Promising Teacher Forgivable Loan Program; amending s. 240.4069,
F.S.; replacing Virgil Hawkins Fellows Scholarships with the Virgil
Hawkins Fellowship Challenge Grant Fund; providing for student
eligibility; creating a trust fund; providing for fellowship awards; providing
a fund matching formula; amending s. 240.408, F.S., and repealing
subsection (7), relating to the Teacher/Quest Scholarship Program;
correcting a cross reference and deleting references to the Florida Graduate
Scholars' Program and education/business partnerships programs;
amending s. 240.424, F.S.; directing the Department of Education to
request sufficient funds within the legislative budget request for need-
based student financial aid to offset student fee increases recommended
by the Board of Regents and State Board of Community Colleges;
amending s. 240.437, F.S.; correcting cross references; amending s.
240.4985, F.S.; revising institutional eligibility requirements for the Good-
Gulfsteam Trust Fund for Higher Education; providing for rules for
student eligibility; amending s. 240.604, F.S., relating to the public school
work experience program; deleting references to tutors of educationally
disadvantaged freshman; deleting authority for certain expenditures;
repealing s. 228.502, F.S., relating to the Education Success Incentive

Program; repealing s. 229.605(4), F.S., conforming provisions; repealing s.
240.4022, F.S., relating to the Vocational Achievement Grant Program;

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

repealing s. 240.2023, F.S., relating to funding requirements for vocational
grants; repealing s. 240.4025, F.S., relating to the Florida Graduate
Scholars' Fund; repealing s. 240.403, F.S., relating to the Ex-Confederate
Soldiers' and Sailors' Home Endowment Trust Fund; repealing s. 240.405,
F.S., relating to grants for teachers in exceptional student education;
repealing s. 240.4066, F.S., relating to the Masters' Fellowship Loan
Program for Teachers; repealing s. 240.407, F.S., relating to general
scholarship loans; repealing s. 240.4075, F.S., relating to the Nursing
Student Loan Forgiveness Program; repealing s. 240.4082, F.S., relating to
the Teacher/Quest Scholarship Program; repealing s. 240.4085, F.S.,
relating to the Florida Student Tuition Scholarship Grant Fund; repealing
s. 240.4099, F.S., relating to appropriation reorganization requirements
related to the student assistance grant programs; repealing s. 240.414, F.S.,
relating to the Latin American and Caribbean Basin Scholarship Program;
repealing s. 240.4145, F.S., relating to the African and Afro-Caribbean
Scholarship Trust Fund; repealing s. 240.4146, F.S., relating to the
Nicaraguan and Haitian Scholarship Program; repealing ss. 240.60,
240.601, and 240.602, F.S., relating to the college career work experience
program; providing for limited continuation of repealed programs;
providing an effective date.
Referred to the Committees on Postsecondary Education and
Appropriations.

By Representatives Young, Kelly, Albright, Sindler, Laurent, Goode,
Logan, Lawson, Geller, Hawkes, Banjanin, Mitchell, Wise, K. Smith,
Flagg, Bainter, Graham, Roberts, Grindle, Starks, Feeney, McEwan,
Reddick, Mishkin, Mortham, Glickman, Jennings, Bronson, Sembler,
Pruitt, Hill, Lewis, Foley, Tobin, Deutsch, Clark, Ostrau, Sanderson,
Stafford, Lippman, Burke, Rojas, De Grandy, Garcia, Hoffmann, Guber,
Cosgrove, C. Smith, Ireland, Gutman, Dennis Jones, Holland and
Muscarella-
HB 1047-A bill to be entitled An act relating to motor vehicle license
plates; providing for the issuance to military veterans of specialized license
plates; providing for fees and for the deposit and use of such fees; providing
for deauthorization based on sales; providing an effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representatives Crady, Brown, Chinoy, Wise, Holzendorf and
Langton-
HB 1049-A bill to be entitled An act relating to the Consolidated City
of Jacksonville; enlarging the boundaries of the Town of Baldwin by adding
certain properties to Urban Services District 5; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Appropriations.

By Representative Rudd-
HJR 1051-A joint resolution proposing an amendment to Section 6
of Article VII and the creation of Section 20 of Article XII of the State
Constitution relating to homestead exemption.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Brown--
HB 1053-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.021, F.S.; redefining the terms
"compensation" and "average final compensation" to permit bonuses to be
considered a part of compensation and average final compensation;
providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By the Committee on Regulatory Reform; Representative Tobin--
HB 1055-A bill to be entitled An act relating to construction
contracting; amending s. 489.105, F.S.; redefining the term "contractor" to

include "specialty contractor"; revising the definition of "residential
contractor"; amending s. 489.117, F.S.; providing additional requirements

with respect to registration of certain persons; amending s. 489.119, F.S.;
prohibiting certain persons registered or certified who have had their
license revoked from being employed in a managerial or supervisory
capacity in certain business organizations; creating s. 489.120, F.S.;
providing for an automated information system; amending s. 489.127, F.S.;
providing that certain penalties shall be retained locally; authorizing local
building departments to collect certain outstanding fines against registered
or certified contractors; amending s. 489.131, F.S.; revising language with
respect to applicability; providing for disciplinary proceedings against local
contractors by local governments; providing for a fine; providing effective
dates.
Referred to the Committee on Appropriations.

By Representatives Wise, Chinoy, Langton, Brown, Arnall, Crady,
Holzendorf and King-
HB 1057-A bill to be entitled An act relating to regulation of water
and wastewater systems; amending s. 367.171, F.S.; adding Duval County
to the list of counties excluded from the provisions of chapter 367, F.S.;
authorizing the consolidated City of Jacksonville to regulate utilities in the
general services district; providing definitions; providing exemptions;
providing for establishment of a regulatory board; providing for
jurisdiction of the regulatory board; providing for a rate base; providing for
transfer of certificates; providing effective dates.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Liberti--
HB 1059-A bill to be entitled An act relating to the disposition of
unclaimed property; amending s. 717.117, F.S.; revising language with
respect to reports of abandoned property; increasing the threshold level of
value for property which must be reported or acted upon in certain ways;
providing an effective date.
Referred to the Committees on Commerce, Finance & Taxation and
Appropriations.

By Representatives Pruitt and Holland-
HB 1061-A bill to be entitled An act relating to regional planning;
providing for review and repeal of ss. 186.501-186.515, F.S., the Florida
Regional Planning Council Act; providing an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representatives Roberts, Goode, Mims, Bainter, Silver, Reddick,
Lippman, Figg and Mackenzie-
HB 1063-A bill to be entitled An act relating to sexual predators;
creating the "Florida Sexual Predators Act"; providing legislative findings
and intent; providing that repeat sex offenders and sex offenders who use
physical violence are sexual predators and requiring the Sentencing
Commission to recommend changes in the criminal law regarding needed
enhancements in the sentencing of such offenders; requiring registration
of sexual predators and providing for the monitoring and tracking of
registered sexual predators by law enforcement personnel through a
computerized system maintained by the Department of Law Enforcement;
providing criminal penalties for violations of the registration requirements
and exceptions from such requirements; requiring the provision of certain
written notices of the registration requirements; providing legislative
findings and purpose as to sexual predators and providing criteria defining
sexual predators; requiring enhanced sentencing; establishing the Sexual
Predators Review Board and providing membership and powers and duties
of the board, including oversight of the release and supervision, and, where
indicated, the recommitment of sexual predators released into the
community; providing specialized evidentiary considerations, including
waiver of privileges, inapplicability of confidentiality provisions, and
admissibility of specified information and testimony, for use in
proceedings at which the issue involves any disposition of a sexual
predator; providing procedure for mandatory processing of juvenile

offenders, found to be sexually aggressive and incapable of being handled
within the juvenile justice system, as sexual predator adult offenders and

62

January 14, 1992

providing for preliminary hearings by the circuit courts to make such
findings; creating a trust fund to provide funding for treatment of juvenile
victims of sex offenders and for young juvenile sex offenders; levying a
surcharge on certain phone calls to partially fund provisions of the act;
providing an appropriation; providing effective dates.
Referred to the Committees on Criminal Justice, Finance & Taxation
and Appropriations.

By Representative Silver-
HB 1065-A bill to be entitled An act relating to Metropolitan Dade
County; providing for the relief of James C. Griffin, as personal
representative of the estate of Desire M. Griffin, a deceased minor, James
C. Griffin, individually and as surviving parent of Desire M. Griffin, a
deceased minor, and Judith L. Griffin, individually and as surviving parent
of Desire M. Griffin, a deceased minor, to compensate them for losses they
sustained as the result of an accident which caused the death of Desire M.
Griffin, a minor child, as a result of the negligence of Metropolitan Dade
County; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Claims.

By Representative Rush-
HB 1067-A bill to be entitled An act relating to state road
designations; designating a specified limited-access highway in
Hillsborough County as the "Veterans' Expressway"; providing for
placement of markers; providing an effective date.
Referred to the Committee on Transportation.

By Representative Brown-
HB 1069-A bill to be entitled An act relating to retirement; amending
s. 112.362, F.S.; providing an increase in the factor used to recompute
retirement benefits for retired members of state retirement systems;
providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representatives McEwan, Sindler, Reddick, Stone, Bainter,
Bronson, Kelly, Starks, Feeney and Grindle-
HB 1071-A bill to be entitled An act relating to road designations;
designating State Road 417 in Lake, Orange, Osceola, and Seminole
Counties as the "Central Florida GreeneWay"; directing governmental
agencies having signage responsibilities for the road to erect appropriate
markers; providing an effective date.
Referred to the Committee on Transportation.

By Representatives Kelly and Sansom-
HB 1073-A bill to be entitled An act relating to license fees for
motorcycles, motor-driven cycles, and mopeds; amending s. 320.08, F.S.;
restricting the use of such fees to funding the Florida Motorcycle Safety
Education Program; providing an effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representative Graber--
HB 1075-A bill to be entitled An act relating to medical research;
creating s. 405.04, F.S.; providing for protection of human subjects in
medical research; providing definitions; providing for informed consent;
providing for substituted consent; providing for waiver; amending s.
381.026, F.S.; clarifying and conforming provisions relating to
experimental research and the rights of patients; amending ss. 458.331 and

459.015, F.S., to conform to the act; providing an effective date.
Referred to the Committee on Health Care.

63

By Representative Huenink-
HB 1077-A bill to be entitled An act relating to insurance; amending
s. 626.072, F.S.; providing reference to an agency; creating s. 626.1125, F.S.;
providing for the termination of certain agency operations; amending s.
626.281, F.S.; providing for application for reexamination; providing for
fees; amending s. 626.2815, F.S.; requiring sponsors of continuing
education courses to provide certain information; amending s. 626.551,
F.S.; requiring notice of changes in street or mailing addresses; amending
s. 626.601, F.S.; providing confidentiality of certain investigative
information; amending ss. 626.611 and 626.621, F.S.; applying certain
departmental referral, suspension, revocation, or denial of a license or
application to customer representatives; amending s. 626.631, F.S.;
providing for revocation of licenses and appointments upon conviction of
a felony; providing for hearings; amending s. 626.641, F.S.; clarifying
prohibited activities by former agents; amending s. 626.7351, F.S.; deleting
a requirement for qualification for a customer representative's license;
amending s. 626.7352, F.S.; clarifying provisions relating to customer
representative's officer; amending s. 626.7353, F.S.; providing for
appointment of a customer representative by a general lines agency;
amending ss. 626.7851 and 626.8311, F.S.; providing additional
qualifications for licensure as a life agent or a life and health agent;
amending s. 626.837, F.S.; clarifying provisions relating to excess or
rejected business; amending s. 626.8373, F.S.; specifying certain types of
health insurance with respect to overinsurance; creating ss. 626.8695,
626.8696, and 626.8697, F.S.; providing for the licensure of primary
adjusters and adjustment firms; providing for refusal, suspension, or
revocation of adjusting firm licenses; amending s. 626.891, F.S.; clarifying
provisions relating to suspending or revoking certificates of authority of
administration; amending ss. 626.916 and 626.918, F.S.; requiring certain
statements rather than affidavits; amending s. 626.924, F.S.; revising
certain notice of disclaimer provisions; amending ss. 626.931, 626.932,
626.936, and 626.938, F.S.; specifying the format and content of certain
reports; providing for interest on delinquent taxes; amending s. 626.9361,
F.S.; providing for an administrative fine for failing to file a quarterly
report; providing for deposit of such fines; amending s. 626.9521, F.S.;
providing for fines for unfair trade practices; amending s. 626.9541, F.S.;
defining unfair trade practices; amending s. 626.9541, F.S.; including
impaired insurers in provisions relating to unfair trade practices; including
certain exercise of the power of attorney and Sliding as unfair competition
or deceptive acts; amending s. 627.4085, F.S.; requiring certain information
on applications for insurance; creating s. 626.7491, F.S.; creating the
Business Transacted with Producer Controlled Property or Casualty
Insurer Act; providing definitions; limiting certain business placed with
controlled insurers; providing for liability of a controlling producer under
insolvency of a controlled insurer; requiring certain disclosure; creating s.
626.7492, F.S.; creating the Reinsurance Intermediary Act; providing
definitions; providing for licensure; specifying certain contract provisions
for reinsurance brokers; requiring certain recordkeeping; providing duties
of insurers using reinsurance intermediary brokers; specifying certain
contract provisions for reinsurance intermediary managers; prohibiting
certain activities of reinsurance intermediary managers; providing duties
of certain reinsurers; providing for examination of reinsurance
intermediaries by the Department of Insurance; providing penalties;
providing an effective date.
Referred to the Committees on Insurance, Finance & Taxation and
Appropriations.

By Representative Rudd-
HB 1079-A bill to be entitled An act relating to ad valorem tax
exemption; amending s. 193.461, F.S.; authorizing the property appraiser
to create an Agricultural Classification Advisory Board to provide
recommendations regarding classification of land as agricultural; providing
additional circumstances under which land shall be reclassified as
nonagricultural; providing that a lien shall attach to land that is so
reclassified and providing for computation of the amount thereof; revising
provisions which specify conditions under which sale of agricultural land
creates a presumption that the land will not be used for agricultural

purposes; amending s. 163.3194, F.S., to conform; providing an effective
date.

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committees on Agriculture, Finance & Taxation and
Appropriations.

By Representative Brown-
HR 1081-A resolution recognizing the community service of the
Northeast Florida Community Action Agency, Inc.
Referred to the Committee on Rules & Calendar.

By Representative Brown-
HB 1083-A bill to be entitled An act relating to the retiree health
insurance subsidy; amending s. 112.363, F.S.; providing an increased
amount; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Hill-
HB 1085-A bill to be entitled An act relating to bone marrow donors;
requiring the Department of Health and Rehabilitative Services to conduct
an education program on donating bone marrow; requiring the Department
of Highway Safety and Motor Vehicles to make educational materials
related to bone marrow donations available at places where drivers'
licenses are sold; requiring certain employers to grant paid leave to
employees who donate bone marrow; prohibiting employer retaliation
against such employees; requiring the Department of Health and
Rehabilitative Services and the Department of Administration to jointly
conduct a bone marrow donor drive among state employees; providing an
appropriation; providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Bronson-
HB 1087-A bill to be entitled An act relating to the Water Control
District of South Brevard, Brevard County; amending chapter 86-418,
Laws of Florida, as amended; providing for a change of boundaries of the
district; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Natural
Resources.

By Representatives Chinoy, Wise, Brown and Langton-
HB 1089-A bill to be entitled An act relating to building designations;
designating a building on the campus of the University of North Florida
as "Frederick H. Schultz Hall"; providing an effective date.
Referred to the Committee on Postsecondary Education.

By Representative Chinoy-
HB 1091-A bill to be entitled An act relating to the Florida Women's
Hall of Fame; providing for its location in the Capitol Building; providing
procedures for selection of members; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representative Chestnut-
HB 1093-A bill to be entitled An act relating to environmental
permits; amending s. 373.413, F.S.; requiring permit applications for
stormwater management systems to contain a certification of compliance
with the local government comprehensive plan; amending s. 403.087, F.S.;
requiring certification of compliance with local government comprehensive
plans for certain environmental control permits; requiring certain permit
applications to contain a certification of compliance with local government

comprehensive plans; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Rojas--
HB 1095-A bill to be entitled An act relating to banks and financial
institutions; amending s. 658.50, F.S.; deleting provisions removing interest
rate limitations on credit cards or overdraft financing arrangements;
providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representative Glickman-
HJR 1097-A joint resolution proposing the creation of Section 19 of
Article III and Section 20 of Article XII of the State Constitution relating
to terms of legislators.
Referred to the Committee on Ethics & Elections.

By Representative Glickman-
HB 1099-A bill to be entitled An act relating to education; amending
s. 232.246, F.S., relating to high school graduation requirements; revising
such requirements; amending s. 232.2465, F.S., relating to the Florida
Academic Scholars' Certificate Program; revising qualifications; providing
an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Jamerson-
HB 1101-A bill to be entitled An act relating to the Board of Juvenile
Welfare, Pinellas County; amending section 2, chapter 23483, Laws of
Florida, 1945, as amended; providing that the Board of Juvenile Welfare
shall be exempt from the payment of fees, taxes, or increment revenue to
community redevelopment agencies created pursuant to part III of chapter
163, Florida Statutes; providing for severability; providing an effective
date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs, Tourism,
Hospitality & Economic Development and Finance & Taxation.

By Representatives Arnall, Brown, Chinoy, Holzendorf, Wise, King and
Crady-
HB 1103-A bill to be entitled An act relating to Duval County;
extending civil service protection to certain officers and employees of the
City of Neptune Beach; repealing chapter 27765, Laws of Florida, 1951,
relating to the establishment of the Neptune Beach civil service board;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Employee &
Management Relations.

By Representative Glickman-
HB 1105-A bill to be entitled An act relating to crime victim
compensation; amending s. 960.03, F.S.; revising definitions for purposes
of eligibility under the "Florida Crimes Compensation Act"; amending s.
960.04, F.S.; expanding award eligibility; amending s. 960.07, F.S.;
increasing the time period extension for filing claims for compensation
which the division is authorized to allow for cause; providing an effective
date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Glickman-
HB 1107-A bill to be entitled An act relating to the Florida Clean
Indoor Air Act; amending s. 386.203, F.S.; expanding the definition of
"public place"; amending s. 386.204, F.S.; requiring notification to violators
of the prohibition against smoking in a public place; amending s. 386.207,
F.S.; providing for enforcement; amending s. 386.208, F.S.; correcting a

cross reference; providing an effective date.
Referred to the Committee on Health Care.

64

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Glickman-
HB 1109-A bill to be entitled An act relating to transportation finance
and planning; creating s. 339.131, F.S.; prescribing a formula for the
allocation of funds by the Department of Transportation to department
districts in the 5-year transportation plan; providing exceptions; providing
an effective date.
Referred to the Committees on Transportation and Appropriations.

By Representative Hill-
HB 1111-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 by the Martin County Sheriff's Department and convicted on the
basis of evidence suppressed by the state; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Claims.

By Representatives Hill and Pruitt-
HR 1113-A resolution commending Frank T. Brogan for being named
Superintendent of the Year by the Florida Department of Education.
Referred to the Committee on Rules & Calendar.

By Representative Stone-
HB 1115-A bill to be entitled An act relating to local government;
creating s. 125.325, F.S.; authorizing certain legal entities created pursuant
to interlocal agreement to loan the proceeds of obligations to certain public
agencies; amending s. 125.38, F.S.; revising conditions under which a board
of county commissioners may convey or lease county property at private
sale to specified governmental or nonprofit agencies; repealing s. 125.031,
F.S., which authorizes counties to enter into leases or lease-purchase
arrangements relating to properties needed for public purposes; providing
an effective date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representative Wise-
HB 1117-A bill to be entitled An act relating to traffic regulations;
amending ss. 316.1301, 316.1303, F.S.; increasing fines for violations of
regulations which result in injury or property damage to a pedestrian
crossing a public street or highway; providing for the distribution of such
fines; providing an effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representatives Arnall, Holzendorf, Crady, Wise, King, Brown and
Chinoy-
HB 1119-A bill to be entitled An act relating to the City of
Jacksonville Beach; amending chapter 27643, Laws of Florida, 1951, as
amended, relating to the employees retirement system for the City of
Jacksonville Beach; making changes recommended by the board of trustees
of the retirement system and the city council, to provide death benefits to
survivors of vested former members; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Employee &
Management Relations.

By Representatives Press and Burke--
HB 1121-A bill to be entitled An act relating to remedies for unlawful
discriminatory practices; creating s. 760.07, F.S.; providing for a right of
action for equitable remedies and actual and punitive damages for persons
aggrieved by discriminatory practices in the areas of education,

employment, housing, and public accommodations; providing for
attorney's fees and court costs; providing an effective date.

Referred to the Committees on Judiciary and Appropriations.

By Representative Hill-
HB 1123-A bill to be entitled An act relating to dissolution of
marriage; creating s. 61.125, F.S.; providing that there is a presumption
that joint custody is in the best interests of a child when his parents
dissolve their marriage; defining terms; providing for orders of custody and
for modification of orders; amending s. 61.13, F.S.; prescribing the order
of preference in awarding custody of children in dissolution of marriage;
providing an effective date.
Referred to the Committee on Judiciary.

By Representative Ritchie-
HB 1125-A bill to be entitled An act relating to export finance
corporations; amending ss. 288.741, 288.742, 288.744, 288.745, 288.746,
288.751, 288.753, 288.755, and 288.756, F.S.; revising provisions relating to
export finance corporations; clarifying provisions relating to incorporation,
corporate powers, use of assets, earnings, annual reports, dissolution, and
credit; repealing ss. 288.743, 288.747, 288.748, 288.749, 288.750, 288.752,
288.754, 288.757, and 288.758, F.S., relating to creating export finance
corporations, prohibiting export capital, powers of stockholders, amending
articles of incorporation, conducting business, depositing funds, meetings,
occupational license taxes, and the fiscal year of export finance
corporations; providing an effective date.
Referred to the Committees on Commerce, Finance & Taxation and
Appropriations.

By Representatives Lippman, Tobin, Jamerson and Liberti-
HB 1127-A bill to be entitled An act relating to unemployment
compensation; amending s. 443.111, F.S.; modifying the maximum weekly
benefit amount that may be paid to an individual from the Unemployment
Compensation Trust Fund; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representatives Webster and Sindler-
HB 1129-A bill to be entitled An act relating to driving under the
influence; amending s. 316.193, F.S.; increasing the penalty for the offense
of driving under the influence and thereby causing serious bodily injury to
another; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Bo Johnson-
HB 1131-A bill to be entitled An act relating to road designations;
designating a portion of State Road 89 as "Whiting Field Boulevard";
directing the Department of Transportation to erect suitable markers;
providing an effective date.
Referred to the Committee on Transportation.

By Representative Bo Johnson-
HR 1133-A resolution proclaiming February 6, 1992, as "Florida
Economic Development Day" and encouraging participation.
Referred to the Committee on Rules & Calendar.

By Representative Bronson-
HB 1135-A bill to be entitled An act relating to alcohol abuse; creating
s. 396.1055, F.S.; providing an additional assessment for alcohol abuse
programs; creating s. 396.1056, F.S.; providing for county alcohol abuse
treatment or education trust funds; providing an effective date.

Referred to the Committees on Health & Rehabilitative Services,
Finance & Taxation and Appropriations.

January 14, 1992

65

66 JOURNAL OF THE HOUSE

By Representatives Ritchie, Tobiassen and Banjanin-
HB 1137-A bill to be entitled An act relating to Escambia County;
prohibiting the county or any municipality therein from adopting zoning
under which a specified parcel of real property may be used for commercial,
residential, or any other purposes than recreational or other public use;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committee on Community Affairs.

By Representative Sansom-
HR 1139-A resolution commemorating the 50th anniversary of the
establishment of the Women's Army Corps.
Referred to the Committee on Rules & Calendar.

By Representatives Bainter, Feeney and Figg-
HB 1141-A bill to be entitled An act relating to public fairs and
expositions; amending s. 616.21, F.S.; increasing the membership of the
Agricultural and Livestock Fair Council; prescribing duties of the council;
creating s. 616.221, F.S.; establishing the Florida Fairs, Festivals, and
Livestock Shows Trust Account; providing for collection and disbursement
of funds in the account; prescribing uses of moneys in the trust account;
authorizing the Department of Agriculture and Consumer Services to
adopt rules; providing for future repeal and review of s. 616.221(2), F.S.,
relating to the deposit of sales tax proceeds into the trust account;
providing for a deposit of a specified percentage of the sales tax collected
from fairs, festivals, and livestock shows permitted by the department into
the trust account; repealing s. 616.22, F.S., which provides matching funds
for construction or repair of exhibit buildings; providing an effective date.
Referred to the Committees on Agriculture, Finance & Taxation and
Appropriations.

By Representatives Flagg and Chestnut-
HB 1143-A bill to be entitled An act relating to designation of state
buildings; designating the clubhouse of the golf course at the University of
Florida as the Guy Bostick Clubhouse; authorizing the University of
Florida to erect appropriate markers; providing an effective date.
Referred to the Committee on Postsecondary Education.

By Representatives Lippman and Dennis Jones-
HB 1145-A bill to be entitled An act relating to firefighters,
paramedics, and emergency medical technicians; creating s. 112.181, F.S.;
providing that health impairment, death, or disability caused by certain
diseases is presumed to have been suffered in the line of duty in certain
circumstances; authorizing certain insurance contracts to include coverage
for health impairment, death, and disability; requiring records to be kept
of an employee's exposure to these diseases; requiring an employee to be
notified of the exposure; requiring an employee to notify the employing
agency of known or possible exposure; requiring preemployment physical
for applicants for employment; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Hill--
HB 1147-A bill to be entitled An act relating to road designations;
designating a portion of State Road 811 in the Town of Jupiter as the
"Glynn Mayo Highway"; directing the Department of Transportation to
erect suitable markers; providing an effective date.
Referred to the Committee on Transportation.

By Representatives Clark and Sindler-

I]

and Appropriations.

HR 1149-A resolution proclaiming May as Asian American Heritage By Representative Mims--

Month.
Referred to the Committee on Rules & Calendar.

HB 1161-A bill to be entitled An act relating to delinquent children;
amending s. 39.043, F.S.; authorizing a court to place a child in detention

E OF REPRESENTATIVES January 14, 1992

By Representatives Kelly, Davis, Sansom, Chestnut, Reddick, Bainter,
Jamerson, Ritchie, Reaves and Long-
HB 1151-A bill to be entitled An act relating to educational facilities;
creating s. 235.199, F.S.; providing for cooperative funding of vocational
educational facilities; providing requirements of a school district prior to
submitting a request for funds; providing for a committee to review and
evaluate requests; providing funding requirements; providing duties of the
Office of Educational Facilities; providing for review and repeal; providing
an effective date.
Referred to the Committees on Vocational/Technical Education and
Appropriations.

By the Committee on Veterans & Military Affairs & Emergency
Preparedness; Representatives Bronson and Jennings-
HB 1153-A bill to be entitled An act relating to veterans; amending
ss. 320.084 and 320.0842, F.S.; providing for the issuance of free permanent
exemption parking permits to certain disabled veterans; updating
terminology; amending s. 320.0843, F.S.; providing for license plates for
certain disabled persons; amending s. 320.0848, F.S.; providing fees for
certain permanent exemption parking permits; providing for the
disposition of fees; providing an effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representatives Brown, Figg, Sansom, Mackenzie, Chestnut, Tobin,
Bloom, Ostrau, Wise, Sanderson, Deutsch, Mitchell, Reddick, Frankel,
Albright and Lewis-
HR 1155-A resolution expressing gratitude and affection to all
mothers.
Referred to the Committee on Rules & Calendar.

By Representative Mitchell-
HB 1157-A bill to be entitled An act relating to suits against counties;
providing for the award of attorney's fees to the county under certain
circumstances; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Arnold, Crady, Mackey, Ritchie, Trammell,
Clemons and Boyd-
HB 1159-A bill to be entitled An act relating to local government
finance; creating s. 125.024, F.S.; authorizing each county with a population
of 50,000 or less on the effective date of the act to levy a jail tax on all
improved residential parcels; providing for determination of rates;
providing for adoption of a tax roll; providing for collection; providing for
use of tax revenues; amending s. 212.055, F.S.; authorizing additional uses
of local government infrastructure surtax revenues by such counties under
certain conditions; removing time limitations on imposition of the surtax;
amending ss. 166.231 and 166.232, F.S., and transferring said sections to
ch. 218, F.S.; authorizing such counties to levy a public service tax on
utilities in the same manner and subject to the same requirements and
conditions as municipalities levying the municipal public service tax;
amending s. 212.08, F.S.; providing for application of the sales tax
exemption for electrical energy used in an enterprise zone to such counties
which have adopted utility tax exemption; amending ss. 212.02, 218.60,
290.0065, 290.007, and 366.11, F.S.; correcting references; amending s.
218.65, F.S.; increasing the annual appropriation to the Local Government
Half-cent Sales Tax Clearing Trust Fund for emergency distributions;
providing an annual appropriation to the trust fund to be used for crisis
distributions to such counties if they do not qualify for the emergency
distribution; providing an effective date.
Referred to the Committees on Community Affairs, Finance & Taxation

JOURNAL OF THE HOUSE]

care under certain circumstances; amending s. 39.044, F.S.; providing for
detention of a child under certain circumstances; providing for
arraignment to be conducted at an adjudicatory hearing; extending the 5-
day detention placement time limit under certain circumstances; deleting
the 15-day continued detention time limit; amending s. 39.052, F.S.;
providing for arraignment at an adjudicatory hearing; amending s. 39.054,
F.S.; allowing the court to prevent a child from obtaining a driver's license
under certain circumstances; deleting a redundant reference to liability;
improving clarity; describing court-ordered restitution; providing for
restitution supervision by the department; providing for a judgment lien;
authorizing a municipality to impose a curfew during a state of emergency
due to a high rate of juvenile crime; requiring the Department of Health
and Rehabilitative Services to petition the federal court to reopen the
Bobby M. case, relating to the number of beds in certain training schools;
providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Davis-
HB 1163-A bill to be entitled An act relating to local government;
amending s. 170.01, F.S., which provides an alternative method for
municipalities to make improvements and levy special assessments against
property benefited; providing additional projects which may be funded by
said method; revising provisions which require approval of affected
property owners for offstreet parking facilities, parking garages, and mass
transportation systems; authorizing all municipalities to levy special
assessments for stabilizing and improving business and historic districts;
providing that bond proceeds may not be used for operation of such
districts; amending s. 170.03, F.S., to conform; amending s. 170.11, F.S.;
revising provisions relating to sources from which bonds are payable;
authorizing issuance of refunding bonds; amending s. 170.17, F.S.; revising
provisions relating to payment of interest on bonds; providing an effective
date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representatives Peeples, Graham, Bloom, Figg and Mackey-
HB 1165-A bill to be entitled An act relating to investment of public
funds; amending ss. 125.31, 166.261, 215.47, 218.345, 219.075, and 236.24,
F.S.; providing for specified investments by boards of county
commissioners, municipalities, the Board of Administration, special
districts, county officers, and district school boards; providing for the
retaining of an investment adviser; providing an effective date.
Referred to the Committees on Governmental Operations, Finance &
Taxation and Appropriations.

By Representative Mitchell-
HB 1167-A bill to be entitled An act relating to the animal industry;
amending s. 585.01, F.S.; redefining the terms "domestic animal" and
"livestock" to include reference to the ostrich; amending s. 212.08, F.S.;
providing a sales tax exemption for feed used for ostriches; amending s.
588.13, F.S. relating to livestock running at large; redefining the term
"livestock" to include reference to the ostrich; amending s. 828.23, F.S.;
redefining the term "livestock" to include reference to the ostrich;
providing a penalty for certain prohibited acts by a slaughterer, packer, or
stockyard operator; reenacting s. 468.382(6), F.S., relating to auctioneers,
to incorporate the amendments to ss. 585.01 and 588.13, F.S., in references
thereto; providing an effective date.
Referred to the Committees on Agriculture, Finance & Taxation and
Appropriations.

By Representatives Friedman, Morse, Young and Guber--
HB 1169-A bill to be entitled An act relating to employment;
providing legislative intent; prohibiting certain employers from
discriminating against any employee who is a parent or guardian of any
child in grades K-12 for taking off a certain number of hours per year to

visit the school of the child; providing remedies; providing an exception;
providing an effective date.

January 14, 1992

into the Florida Work Experience Program; specifying program criteria
and student and institutional eligibility; establishing a trust fund;
amending ss. 240.437 and 231.62, F.S.; correcting cross references;
repealing s. 240.403, F.S., relating to the Ex-Confederate Soldiers' and
Sailors' Home Endowment Trust Fund; providing for return of the balance

E OF REPRESENTATIVES 67

Referred to the Committee on Employee & Management Relations.

By Representative Pruitt-
HB 1171-A bill to be entitled An act relating to education finance;
authorizing district school boards to use moneys collected for capital outlay
purposes for school operation under specified circumstances and
conditions; providing for review and repeal; providing an effective date.
Referred to the Committees on Public Schools, Finance & Taxation and
Appropriations.

By Representative King-
HB 1173-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.05, F.S.; providing that tax shall not
be levied on that portion of the retail price of a mobile home attributable
to labor costs; providing an effective date.
Referred to the Committees on Judiciary, Finance & Taxation and
Appropriations.

By Representative Foley-
HB 1175-A bill to be entitled An act relating to public records;
amending s. 265.26, F.S.; providing that the identity of prospective donors
to the John and Mable Ringling Museum of Art is exempt from the
inspection requirements of the public records law; amending s. 265.289,
F.S.; providing that the identity of prospective donors to contract
organizations is exempt from the inspection requirements of the public
records law; amending s. 265.605, F.S.; providing that information
identifying prospective donors to local sponsoring organizations is exempt
from the inspection requirements of the public records law; providing an
effective date.
Referred to the Committee on Governmental Operations.

By Representative Young-
HB 1177-A bill to be entitled An act relating to student financial aid;
amending ss. 240.402 and 240.408, F.S.; consolidating the Florida
Undergraduate Scholars' Fund program and the Challenger Astronauts
Memorial Undergraduate Scholarship Program to provide a Challenger
award to the top Florida Undergraduate Scholars' Fund applicant from
each county which will be partially funded from the Challenger Astronauts
Memorial Undergraduate Scholarship Trust Fund; standardizing the
amount of all other Florida Undergraduate Scholars' Fund awards and
revising provisions relating to application therefore; deleting a reporting
requirement; amending s. 240.4021, F.S.; revising the eligibility
requirements and application procedures for scholarships from the
Vocational Gold Seal Endorsement Scholarship Program; amending s.
240.4023, F.S., relating to funding for the Vocational Gold Seal
Endorsement Scholarship Program and the Vocational Achievement
Grant Program; amending s. 240.404, F.S.; revising provisions relating to
residency requirements for state financial aid awards; specifying that
students may receive only one state merit scholarship; creating s. 240.4063,
F.S.; consolidating the "Chappie" James Most Promising Teacher
Scholarship Loan Program, the Critical Teacher Shortage Scholarship
Loan Program, and the Masters' Fellowship Loan Program for Teachers
into the Florida Teacher Scholarship and Loan Program; providing for
"Chappie" James Most Promising Teacher Scholarships to promising
students and teacher loans to students enrolled in certain undergraduate
or graduate level programs leading to certification in a critical teacher
shortage area; specifying program criteria and student and institutional
eligibility; providing for loan repayment; amending s. 240.4065, F.S.;
revising provisions relating to the Critical Teacher Shortage Trust Fund;
creating s. 240.606, F.S.; consolidating the provisions of the college career
work experience program and the public school work experience program

68 JOURNAL OF THE HOUSE

of the trust fund to Daughters of the Confederacy; providing for
conditional future repeal of ss. 240.4022 and 240.4085, F.S., relating to the
Vocational Achievement Grant Program and the Florida Student Tuition
Scholarship Grant Fund; repealing ss. 240.4062, 240.4066, 240.4068, 240.60,
240.601,240.602, 240.603, and 240.604, F.S., relating to the Critical Teacher
Scholarship Loan Program, the Masters' Fellowship Loan Program for
Teachers, the "Chappie" James Most Promising Teacher Scholarship Loan
Program, the college career work experience program and trust fund, and
the public school work experience program; providing effective dates.
Referred to the Committees on Postsecondary Education and
Appropriations.

By Representative Young-
HB 1179-A bill to be entitled An act relating to medical education;
establishing a geriatric medical education program to be administered by
the Board of Regents; providing eligibility requirements for colleges of
medicine; establishing a procedure for allocating funds; providing an
effective date.
Referred to the Committees on Postsecondary Education and
Appropriations.

By Representative Young-
HB 1181-A bill to be entitled An act relating to the Department of
Professional Regulation; creating s. 455.214, F.S.; authorizing the issuance
of limited licenses, under certain circumstances, to persons in professions
regulated by the department; requiring an application fee; providing for
waiver of the application fee and all license fees; restricting practice under
a limited license to public or nonprofit agencies and institutions that
provide services to the indigent, underserved, or critically needy; providing
for determination of indigency and definition of underserved and critically
needy persons; providing for supervision and implementation by rule;
amending ss. 395.1015, 458.303, 458.320, 459.0055, 459.0085, 459.0092,
459.013, and 766.314, F.S., to conform; repealing ss. 458.317 and 459.0075,
F.S., relating to limited licenses for physicians and osteopathic physicians;
providing an effective date.
Referred to the Committees on Regulatory Reform and Appropriations.

By Representative Pruitt-
HB 1183-A bill to be entitled An act relating to building designations;
designating the Indiantown Public Health Clinic as the "Senator William
G. 'Doc' Myers Public Health Clinic"; providing an effective date.
Referred to the Committee on Health & Rehabilitative Services.

By Representative King-
HB 1185-A bill to be entitled An act relating to campaign financing;
amending s. 106.141, F.S.; increasing the amount certain candidates for
legislative office may transfer from the campaign account to an office
account; providing an effective date.

H1

Referred to the Committees on Ethics & Elections and Appropriations. By Representative Harden-

By Representative Thomas-
HB 1187-A bill to be entitled An act relating to highway signage;
transferring, renumbering, and amending s. 338.065, F.S.; providing that
the Department of Transportation may implement a program governing
the erection of specified signs on certain limited access facilities or on the
interstate highway system; providing guidelines for the program;
authorizing the establishment of a schedule of fees for the cost of placing
the signs; providing an effective date.
Referred to the Committees on Transportation and Appropriations.

By Representative King-
HB 1189-A bill to be entitled An act relating to alcoholic beverage
licenses; amending s. 561.20, F.S.; revising the formula for the issuance of
quota alcoholic beverage licenses; providing for the application of the act;
providing an effective date.
Referred to the Committees on Regulated Industries, Finance &
Taxation and Appropriations.

HB 1201-A bill to be entitled An act relating to Okaloosa County,
Ocean City-Wright Fire Control District; amending subsection (1) of
section 9 of chapter 78-570, Laws of Florida, as amended; providing that
the board of commissioners of the fire control district shall have the
authority to levy special assessments against the taxable real estate in the
district in an amount not to exceed two and one-half (2 1/2) mills; providing
for a referendum; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Finance &
Taxation.

By Representative De Grandy-
HB 1203-A bill to be entitled An act relating to civil procedure;
creating s. 45.071, F.S.; providing for the prejudgment discovery of assets
in a civil action; providing limitations on such discovery; providing for an
alternative procedure; providing for sanctions; providing an effective date.
Referred to the Committee on Judiciary.

E OF REPRESENTATIVES January 14, 1992

HB 1191-Withdrawn

By Representatives Viscusi, Bloom, Hafner, Rush, Figg, Brennan and
Mackenzie-
HB 1193-A bill to be entitled An act relating to autism and related
disabilities; establishing a center at Florida State University, the
University of South Florida, and the University of Miami to provide
resources and services for persons who have autism and disabilities of
communication and behavior; requiring each center to provide services
within its geographical area; specifying services to be provided by the
centers; providing an appropriation; providing for allocating the
appropriation; providing an effective date.
Referred to the Committees on Postsecondary Education and
Appropriations.

By Representative Wise-
HB 1195-A bill to be entitled An act relating to motor vehicle licenses;
creating s. 320.0896, F.S.; providing for the issuance of Florida Special
Olympics motor vehicle license plates upon payment of the license tax and
additional fees; providing for deposit of a portion of the fees; providing for
the use of fees; providing for duties of Florida Special Olympics, Inc.;
providing for deauthorization based on sales; providing an effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representative Goode-
HJR 1197-A joint resolution proposing an amendment to Section 9
of Article VII of the State Constitution relating to municipal taxing
authority.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representative C. F. Jones-
HB 1199-A bill to be entitled An act relating to resource severance;
amending ss. 211.06, 211.31, 211.3103, and 211.3106, F.S.; increasing the
rate of the solid mineral severance tax; revising certain tax revenue
distribution formulae to provide for deposits into the Minerals Trust Fund;
creating the Minerals Trust Fund; specifying uses of moneys deposited into
such fund; providing for transfer from such fund into the General Revenue
Fund of certain excess deposits; amending s. 378.034, F.S.; requiring the
Department of Natural Resources to adopt rules requiring owners of
nonmandatory land to notify the department by a certain date of intent
to seek approval to participate in certain land reclamation; limiting
eligibility of certain property to participate in nonmandatory land
reclamation; providing an effective date.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representatives Langton and Clemons-
HB 1205-A bill to be entitled An act relating to pretrial release and
detention; renaming ch. 903, F.S.; amending s. 903.011, F.S.; providing
definitions; creating s. 903.012, F.S.; providing legislative intent and state
policy presumptively favoring pretrial release on nonmonetary conditions;
amending s. 903.02, F.S.; prohibiting certain courts from granting pretrial
release or removing conditions under specified circumstances; amending s.
903.03, F.S.; providing jurisdiction of pretrial release motions; creating s.
903.031, F.S.; providing for establishment and organization of pretrial
services agencies; creating s. 903.032, F.S.; providing for interviews of
detainees and reports to the court by pretrial services agencies; providing
for confidentiality of information; creating s. 903.033, F.S.; providing
duties of pretrial services agencies; amending s. 903.035, F.S.; providing for
applications for pretrial release and for modification of pretrial release
conditions; providing penalties for false information; amending s. 903.046,
F.S.; providing purpose and criteria for pretrial release determinations;
amending s. 903.047, F.S.; providing for personal recognizance and
conditions of pretrial release; providing for pretrial release orders; creating
s. 903.0471, F.S.; providing for mandatory review of release conditions in
certain circumstances; amending s. 903.131, F.S.; providing for revocation
of release pending appeal; amending s. 903.132, F.S.; providing for release
pending appeal in specified circumstances; providing for appeal of order;
amending s. 903.133, F.S.; prohibiting release on appeal in specified
circumstances; creating s. 903.601, F.S.; providing penalties for violations
of pretrial release, including arrest and contempt of court; providing
additional penalties for commission of crimes while on release and
requiring warnings; renumbering and amending s. 907.041, F.S.; providing
general provisions and criteria for pretrial detention; providing for pretrial
detention hearings and orders; providing for expedited trial of defendants
on pretrial detention; creating s. 901.141, F.S.; providing for notices to
appear instead of arrest in misdemeanor and local ordinance violation
cases and providing certain immunity from liability; reenacting s.
316.635(3), F.S., relating to detention of minors for criminal traffic
violations, to incorporate the amendments to chapters 901 and 903, F.S.,
in references thereto; amending s. 790.065, F.S., relating to sale and
delivery of firearms, to conform; providing effective dates.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Dennis Jones-
HB 1207-A bill to be entitled An act relating to criminal sentencing;
amending s. 921.187, F.S.; authorizing the court to require an offender on
community control, probation, or probation following incarceration to
make a good faith effort toward completion of basic or functional literacy
skills or a high school equivalency diploma; providing a definition;
providing an effective date.
Referred to the Committees on Corrections and Appropriations.

By Representative Corr-
HB 1213-A bill to be entitled An act relating to lobbying; amending
s. 11.062, F.S.; prohibiting departments of the executive branch, state
universities, community colleges, and water management districts from
using public funds to retain lobbyists to represent them before the
legislative or executive branch; exempting full-time employees of these
entities; prohibiting lobbyists from accepting compensation derived from
public funds; providing penalties; authorizing complaints to be filed with
and investigated by the Commission on Ethics; authorizing the commission
to adopt rules; providing an effective date.
Referred to the Committees on Ethics & Elections and Appropriations.

By Representative Hill-
HB 1215-A bill to be entitled An act relating to Martin County;
amending chapter 29542, Laws of Florida, 1953, as amended; revising
language with respect to the membership on the Board of Trustees of the
Martin County Law Library; authorizing the Board of County
Commissioners to establish a fee, by resolution, as costs in civil causes to
purchase, maintain, and operate the library; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs, Judiciary and
Finance & Taxation.

By Representatives Hawkes, Corr, Pruitt, Sansom, Lewis, Webster,
Buddy Johnson, Sembler, Diaz-Balart, Lawson, Wise, Tobiassen, Foley,
Hanson, Feeney, Grindle, Simone, Graham, Hill, Roberts, Arnall, Reddick,
Dennis Jones, Bainter, McEwan, Rojas, Thomas, Starks, Ireland, Harden,
K. Smith and Albright-
HB 1217-A bill to be entitled An act relating to state correctional
institutions; providing legislative intent and purpose; providing guidelines
for regulating inmate behavior at state correctional institutions; providing
definitions; prescribing certain behaviors; requiring the Department of
Corrections to adopt certain rules; providing an effective date.
Referred to the Committees on Corrections and Appropriations.

By Representative Long-
HB 1219-A bill to be entitled An act relating to postsecondary
education; establishing the occupational therapist or physical therapist
critical shortage program; providing purpose; providing for loan
forgiveness, scholarship loan, and tuition reimbursement programs;
providing for eligibility, amount of awards, repayment, and default
penalties; creating a trust fund; providing for rules; providing for
implementation; providing an effective date.

Referred to the Committees on Postsecondary Education and
By Representatives C. Smith, Mitchell, Harris, Bronson, Mackey, Boyd, .
Peeples, K. Smith and Stone-Appropriations.

HB 1209-A bill to be entitled An act relating to cruelty to animals;
amending s. 828.02, F.S.; revising the definition of "animal" to exclude
rodeo animals; providing an effective date.
Referred to the Committee on Agriculture.

By Representative Hafner-
HB 1211-A bill to be entitled An act relating to beach and shore
preservation; amending s. 161.053, F.S.; removing the requirement that the
Department of Natural Resources file coastal construction control lines in
the public records of affected municipalities; extending a deadline for the
department to reestablish certain coastal construction control lines or
notify the Legislature of its inability to do so by that time; providing a
limited period of exemption from coastal construction and excavation
requirements for those structures determined to be under construction at
the time of establishment or reestablishment of the coastal construction
control line and providing for extension of that period; providing an
effective date.

By Representatives Rudd, Bronson, Sembler, Jennings, Mishkin, Dennis
Jones, Healey, Thomas, Ireland, Pruitt, Rayson, Stafford and Lawson-
HB 1221-A bill to be entitled An act relating to veterans; amending
s. 1.01, F.S.; redefining the term "veteran"; amending s. 121.111, F.S.;
providing for credit for military service for certain members of the Florida
Retirement System; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative King-
HB 1223-A bill to be entitled An act relating to contracting; amending
ss. 489.103 and 489.503, F.S.; eliminating from provisions of law regulating
construction contracting and electrical and alarm system contracting an
exemption for certain authorized employees of school boards, the Board of
Regents, community colleges, and the Department of Corrections;
providing an exception; providing an effective date.

Referred to the Committees on Natural Resources and Appropriations. Referred to the Committees on Regulatory Reform and Appropriations.

69

January 14, 1992

70 JOURNAL OF THE HOUSE

By Representative Foley-
HM 1225-A memorial to the Congress of the United States, urging
Congress to abandon deficit financing and to adopt balanced budget
financing of the national budget.
Referred to the Committee on Appropriations.

By Representative Rojas-
HB 1227-A bill to be entitled An act relating to the state lottery;
amending s. 24.121, F.S.; revising the allocation of revenues from the sale
of lottery tickets; providing an effective date.
Referred to the Committees on Regulated Services & Technology,
Finance & Taxation and Appropriations.

By Representative Gordon-
HB 1229-A bill to be entitled An act relating to health insurance;
requiring health insurance policies covering massage to cover services of
persons licensed to practice massage; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Hoffmann-
HB 1231-A bill to be entitled An act relating to the Florida Evidence
Code; creating s. 90.6065, F.S.; requiring interpreters used by the courts of
this state to be certified or designated as otherwise qualified and
delineating the circumstances for the use of each; requiring the State
Courts Administrator to establish the requirements for certification and
for designation as otherwise qualified and to maintain a master list of
certified and otherwise qualified interpreters for use by the courts;
providing applicability to existing provisions of law governing court
interpreters; providing a time period for currently employed interpreters
to be certified or designated as otherwise qualified; providing an effective
date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Holzendorf-
HB 1233-A bill to be entitled An act relating to community colleges;
amending s. 287.042, F.S.; providing for community colleges to procure
commodities and certain professional services from minority business
enterprises in the same manner and in compliance with the same guidelines
as state executive agencies; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representatives Muscarella, Huenink, Rayson and Hanson-
HB 1235-A bill to be entitled An act relating to continuing care
contracts; amending s. 651.022, F.S.; deleting certain requirements of
feasibility studies for provisional certificates of authority; amending s.
651.023, F.S.; requiring an independent feasibility study from holders of
provisional certificates of authority; amending s. 651.026, F.S.; requiring
certain financial information in certain annual statements; requiring the
Department of Insurance to adopt certain financial viability measures by
rule; requiring the department to provide certain information as to
provider financial statements; amending s. 651.095, F.S.; revising certain
provisions relating to advertisements for continuing care contracts;
amending s. 651.119, F.S.; limiting the department's authority to levy pro
rata assessments against providers for certain moving expenses; amending
s. 651.121, F.S.; specifying qualifications of certain members of the
Continuing Care Advisory Council; amending s. 651.125, F.S.; providing for
application of certain enforcement provisions to applicants for provisional
certificates of authority; providing penalties; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Jennings-
HR 1237-A resolution commemorating December 7 and the fiftieth
anniversary of the Japanese attack on Pearl Harbor.
Referred to the Committee on Rules & Calendar.

I

enhanced criminal penalties, and reenacting ss. 921.187(1)(b)10. and
903.133, F.S., relating to sentencing and bail on appeal, to incorporate said
amendment in references thereto; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

E OF REPRESENTATIVES January 14, 1992

By Representative Simon--
HB 1239-A bill to be entitled An act relating to private construction
contracts; creating the Construction Contract Prompt Payment Law;
providing for applicability; providing definitions; requiring payment of
such contracts within certain time periods and requiring accrual of interest;
providing an exception; providing an effective date.
Referred to the Committees on Commerce and Appropriations.

By Representative Holzendorf-
HB 1241-A bill to be entitled An act relating to the Board of
Acupuncture; amending s. 457.103, F.S.; deleting the requirement that one
member of the board be a medical doctor; providing an effective date.
Referred to the Committee on Regulatory Reform.

By Representative Muscarella-
HB 1243-A bill to be entitled An act relating to the crime of keeping
a place of prostitution; amending s. 796.01, F.S.; revising elements of the
offense of keeping a house of ill fame to update obsolete terminology;
providing an enhanced penalty for two or more convictions of keeping,
setting up, maintaining, or operating a place, structure, building, or
conveyance for the purpose of prostitution, assignation, or lewdness;
providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Bronson, Jennings, K. Smith, Healey, Sembler,
Pruitt, Banjanin, Mishkin, Mackey and Clemons-
HR 1245-A resolution urging the Florida delegation to the United
States Congress to support the efforts of the MacDill Response Team and
the Florida National Guard in the acquisition of additional air assets to
MacDill Air Force Base.
Referred to the Committee on Rules & Calendar.

By Representative Boyd-
HB 1247-A bill to be entitled An act relating to county and municipal
detention facilities; amending s. 951.23, F.S.; establishing a Jail Standards
Committee within the Department of Corrections to make
recommendations and issue determinations as to minimum standards and
requirements; providing for membership of the committee; providing for
enforcement of the minimum standards, and reenacting and amending s.
951.22, F.S., relating to county detention facilities, to incorporate said
amendment in a reference thereto; clarifying language; providing an
effective date.
Referred to the Committees on Corrections and Appropriations.

By Representative Boyd-
HB 1249-A bill to be entitled An act relating to adoption; providing
definitions; authorizing certain persons to file a petition for the
appointment of a confidential intermediary; providing for the contents of
the petition; providing for a hearing; providing for the confidentiality of
information; providing procedures when a sought-after biological relative
is located; providing for the return of information under certain
circumstances; providing for appointment; providing for an oath of
confidentiality; providing for access to records; providing for
recommendations; limiting liability; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Arnall--
HB 1251-A bill to be entitled An act relating to controlled substance
violations; amending s. 893.13, F.S.; adding public and private colleges,
public housing facilities, and youth centers to the drug-free zones within
which the commission of specified controlled substance violations incurs

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representatives Arnall, Mims and C. F. Jones-
HB 1253-A bill to be entitled An act relating to collective bargaining;
amending s. 447.307, F.S.; providing for effect of certain certifications;
prohibiting the filing of certain petitions for elections within a specified
time period; providing an effective date.
Referred to the Committee on Employee & Management Relations.

By Representatives Hargrett and Huenink-
HB 1255-A bill to be entitled An act relating to workers'
compensation; amending s. 440.02, F.S.; excluding from the definition of
"accident" diseases with certain prejudicial manifestations; providing an
effective date.
Referred to the Committee on Commerce.

By Representative Boyd-
HB 1257-A bill to be entitled An act relating to the State Health
Officer; amending s. 20.19, F.S.; authorizing the State Health Officer to
issue and enforce health advisories; providing requirements with respect
to issuing health advisories; requiring the Department of Health and
Rehabilitative Services to adopt rules; providing an effective date.
Referred to the Committee on Health & Rehabilitative Services.

By Representatives Goode, Ascherl, Figg, Graham, Stone, Irvine, Arnall,
Trammell, Clemons, Mortham, Holland, Flagg and Safley-
HB 1259-A bill to be entitled An act relating to the Florida
Retirement System; amending s. 121.051, F.S., relating to optional
participation for cities and special districts; authorizing cities and
independent special districts which have opted to join the Florida
Retirement System to revoke their election to participate in order to
establish an alternative retirement plan; providing for public hearing;
providing for publication of notice; providing for an actuarial report;
providing for presentation of the plan and report to each certified
bargaining unit; requiring negotiation; providing for adoption of a
revocation resolution; providing conditions; providing an effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Boyd-
HB 1261-A bill to be entitled An act relating to service charges;
amending ss. 197.344, 197.433, 197.462, and 197.472, F.S.; increasing
service charges collected by tax collectors for furnishing information on
encumbered real and personal property, issuing a duplicate tax certificate,
transferring a tax certificate, and processing the purchase or redemption
of a tax certificate; amending ss. 319.32, 320.04, 320.065, and 320.0815, F.S.;
increasing service charges collected by tax collectors and the Department
of Highway Safety and Motor Vehicles for issuing, duplicating, or
transferring certificates of title and recording liens for motor vehicles and
mobile homes, for issuing or transferring license plates, mobile home
stickers and "RP" stickers, validation stickers, and registration certificates,
and for registering certain rental trailers and semitrailers used to haul
agricultural products; amending ss. 327.11, 327.25, and 328.03, F.S.;
increasing service charges collected by tax collectors for issuing, replacing,
or renewing registration certificates and decals and issuing certificates of
title for vessels; amending ss. 370.0605, 372.561, and 372.60, F.S.; increasing
service charges collected by tax collectors for issuing saltwater fishing
licenses, licenses or stamps to take wild animal life or freshwater aquatic
life, lifetime licenses, 5-year licenses, and replacements thereof; providing
an effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Reddick-
HB 1263-A bill to be entitled An act relating to taxation; amending
s. 192.037, F.S.; revising language with respect to taxes and assessments

due on time-share real property; providing for the duty of the managing
entity with respect to ad valorem taxes and special assessments;

eliminating a requirement that the property appraiser provide certain
notice; eliminating required placement of taxes and assessments in escrow;
authorizing the managing entity to retain certain discounts; deleting
language relating to certain liens; directing the managing entity to provide
the tax collector with certain information; providing an effective date.
Referred to the Committees on Judiciary, Finance & Taxation and
Appropriations.

By Representatives Simone and Hanson-
HB 1265-A bill to be entitled An act relating to the management of
hazardous substances; requiring the Department of Environmental
Regulation to compile a list of substances deemed to be toxic or hazardous;
requiring persons who manufacture, import, transport, or distribute such
substances to register with the department; requiring certain records to be
maintained relating to the sale of toxic or hazardous substances; providing
an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Boyd-
HB 1267-A bill to be entitled An act relating to Dixie County; creating
a special water and sewer district in the area of the unincorporated
community of Suwannee; defining its boundaries; providing for a water or
sewer system or both; providing for issuance of revenue bonds or
certificates to be repaid from the revenues of the systems; prescribing the
powers of the district including the power to contract with any
municipality or governmental agency for water distribution and sewage
collection; defining powers, franchises, and privileges; providing for the
governing body of the district; providing for travel expenses of
commissioners; authorizing the district, for the purpose of carrying on its
operations, to acquire by gift, purchase, or by eminent domain lands and
title to rights-of-way over lands and under navigable waters within and
without the district necessary in operating the system; providing for the
fixing and collecting of water rates and sewer service charges; providing for
connection with the sewer system; providing for use of funds of the district;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Natural
Resources.

By Representative Bronson-
HB 1269-A bill to be entitled An act relating to state lands; amending
s. 253.571, F.S.; directing the Board of Trustees of the Internal
Improvement Trust Fund to allow lessees of public lands to satisfy all
surety bond or irrevocable letter of credit requirements prior to
commencement of drilling in a specified manner; providing an effective
date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Friedman-
HJR 1271-A joint resolution proposing an amendment to Section 5
of Article VII of the State Constitution, relating to taxation upon the
income of natural persons.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Deutsch-
HB 1273-A bill to be entitled An act relating to juvenile offenders;
amending s. 39.0255, F.S.; revising a reporting requirement for a juvenile
who is issued a civil citation by a law enforcement officer; providing an
effective date.
Referred to the Committee on Criminal Justice.

By Representative Lewis-
HB 1275-A bill to be entitled An act relating to crime victims' rights;

amending s. 39.045, F.S., relating to records and confidential information
in proceedings involving juvenile offenders, to protect the right of the

January 14, 1992

71

72

victim and certain representatives of the victim to be informed of the
proceedings and to be present and to be heard at the proceedings under
certain circumstances; amending s. 960.001, F.S.; expanding certain victim
rights to include prompt and timely disposition; providing an effective
date.
Referred to the Committee on Criminal Justice.

By Representatives Mackey and C. F. Jones-
HB 1277-A bill to be entitled An act relating to controlled substance
violations; amending s. 893.13, F.S.; adding churches and synagogues to the
prohibition against specified controlled substance violations committed
within 1,000 feet of certain real property, for which criminal penalties,
including a mandatory minimum term of imprisonment, are provided by
law, and reenacting ss. 893.135(1)(introductory paragraph), 893.1351(1),
903.133, and 921.187(1)(b)10., F.S., relating to trafficking, lease or rent for
the purpose of trafficking, bail on appeal, and disposition and sentencing,
to incorporate said amendment in references thereto; reenacting and
amending s. 953.003(1), F.S., relating to definition of "drug offender" or
"offender," to correct cross references; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Langton-
HB 1279-A bill to be entitled An act relating to corporate probation;
creating s. 948.035, F.S.; providing legislative findings and intent, including
that the act does not limit the court's authority to impose probation;
providing criteria for corporations convicted of certain crimes to be placed
on probation in addition to other penalties; providing conditions of
corporate probation; providing for remedial environmental repair;
providing for a compliance plan; providing consequences for violation of
probation; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Rayson-
HB 1281-A bill to be entitled An act relating to drug prescriptions;
creating s. 465.0255, F.S.; specifying information required on prescription
drug containers; amending ss. 465.0276, 465.186, and 893.04, F.S., relating
to the dispensing of medicinal drugs, including controlled substances, by
authorized practitioners or pursuant to pharmacists' orders, to conform;
providing an effective date.
Referred to the Committee on Regulatory Reform.

By Representative Cosgrove-
HB 1283-A bill to be entitled An act relating to motor vehicle theft
prevention; creating the Florida Motor Vehicle Theft Prevention Act;
providing legislative purpose; providing definitions; creating the Florida
Motor Vehicle Theft Prevention Authority; providing for terms and for
meetings; providing for compensation; providing for personnel; providing
powers and duties; creating the Florida Motor Vehicle Theft Prevention
Trust Fund; providing for review and repeal; providing an effective date.
Referred to the Committees on Criminal Justice, Finance & Taxation
and Appropriations.

By Representative Brown-
HB 1285-A bill to be entitled An act relating to employment;
providing guidelines and requirements with respect to work at video
display terminals; providing definitions; requiring employers to encourage
those employees who are VDT operators to have annual eye exams and
those potential employees who will be VDT operators to have a
replacement eye exam; requiring employers to provide, to the extent
possible, ergonomic workstations and providing certain requirements of
such workstations; requiring breaks from VDT work; requiring a
preventive exercise period; requiring reassignment, to the extent possible,

of any pregnant employee requesting to be relieved of VDT work during
the pregnancy; providing an effective date.

January 14, 1992

Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Arnold-
HB 1287-A bill to be entitled An act relating to pollution control;
amending s. 376.031, F.S.; providing definitions; amending s. 376.121, F.S.;
revising provisions providing for liability for damages to natural resources;
providing criteria for assessing damage; providing a schedule of
compensation for damage; authorizing the Department of Natural
Resources to adopt rules to implement such revision; providing an effective
date.
Referred to the Committees on Natural Resources and Appropriations.

By Representatives Reaves, Viscusi, Chinoy, Chestnut, Goode, Sindler,
Friedman, Mitchell, Trammell, Bloom, Gordon, Silver, Logan, Frankel,
Hafner, Arnold, Simone, Figg, Burke, Press, Lawson, Martinez, Liberti,
Foley, Brennan and Langton-
HB 1289-A bill to be entitled An act relating to the Guardian Ad
Litem Program; creating s. 25.389, F.S.; creating the Florida Guardian Ad
Litem Program Trust Fund; specifying uses of moneys in the fund,
administration of the fund, and for deposit of moneys into the fund;
exempting the fund from the General Revenue Fund service charge;
requiring the Supreme Court to report to the Legislature each year on
program activities; amending s. 28.241, F.S.; providing for deposit of
certain fees into the Florida Guardian Ad Litem Trust Fund; amending s.
215.22, F.S.; exempting the fund from a service charge for deposit in the
General Revenue Fund; providing an effective date.
Referred to the Committees on Judiciary, Finance & Taxation and
Appropriations.

By Representative Bronson-
HB 1291-A bill to be entitled An act relating to education; authorizing
the Department of Education to provide school districts with Florida
Education Finance Program funding for storefront school dropout
prevention and retrieval programs equal to that received by districts for
grades 4-12 dropout prevention programs; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Sindler-
HB 1293-A bill to be entitled An act relating to cruelty to animals;
amending s. 828.058, F.S.; restricting method of euthanasia of dogs and cats
by public or private agencies or animal shelters; providing an exception in
emergency situations; restricting authority of lay persons who may perform
such euthanasia; requiring a certification course; specifying curriculum;
providing a penalty; amending s. 828.065, F.S.; restricting method of
euthanasia of animals in pet shops; deleting authority of lay persons to
perform such euthanasia; providing a penalty; amending s. 828.12, F.S.;
providing penalties for depriving an animal of certain veterinary medical
care; reenacting ss. 585.95(14), 828.122(5) and (6)(a), and 828.17, F.S.,
relating to consumer guarantees, fighting or baiting animals, and arrest
without a warrant, to incorporate the amendment to s. 828.12, F.S., in
references thereto; providing an effective date.
Referred to the Committees on Agriculture and Appropriations.

By Representative Hill-
HB 1295-A bill to be entitled An act relating to the Loxahatchee River
Environmental Control District; amending chapter 71-822, Laws of
Florida, as amended, to include a specified parcel of land within the
territorial limits of the district; providing an effective date.
Proof of publication of the required notice was attached.

Referred to the Committees on Community Affairs and Natural
Resources.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSI

By Representative Hawkes-
HB 1297-A bill to be entitled An act relating to hospital liens; creating
s. 713.55, F.S.; providing for a hospital lien out of the proceeds of certain
judgments, settlements, or settlement agreements; providing for
notification to hospitals; providing a limitation on such liens; providing
requirements with respect to hospitals; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representatives Thomas and Reddick-
HB 1299-A bill to be entitled An act relating to the importation of
marine animals; amending s. 370.081, F.S.; permitting a zoological park and
aquarium to import sea snakes for exhibition purposes under certain
circumstances; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Ritchie-
HB 1301-A bill to be entitled An act relating to firefighters' pension
trust funds; amending s. 175.021, F.S.; providing that it is the legislative
intent that firefighters employed by special fire control districts should be
entitled to the same retirement benefits as municipal firefighters;
amending ss. 121.021, 175.032, 175.041, 175.061, 175.071, 175.081, 175.091,
175.101, 175.111, 175.122, 175.131, 175.141, 175.152, 175.162, 175.191,
175.201, 175.211, 175.251, 175.261, 175.291, 175.301, 175.311, 175.321,
175.351, and 175.361, F.S.; providing for pension funds and retirement
benefits for firefighters employed by special fire control districts, which
funds and benefits are subject to the same statutory requirements as
pension funds and retirement benefits for municipal firefighters; amending
s. 175.121, F.S.; clarifying that undistributed funds are annually
transferred to support the firefighters' supplemental compensation
program; providing for redistribution of certain funds to specified cities
and special districts; amending s. 624.520, F.S., to conform; amending s.
633.382, F.S.; providing for curing of deficits; providing for redistribution
of certain funds; providing an effective date.
Referred to the Committees on Employee & Management Relations,
Finance & Taxation and Appropriations.

By Representatives McEwan, Feeney, Stone, Sindler, Webster and
Starks-
HB 1303-A bill to be entitled An act relating to Orange County;
relating to the Valencia Water Control District, created pursuant to
chapter 298, Florida Statutes, redefining the boundaries of the district;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Natural
Resources.

By Representative Grindle-
HB 1305-A bill to be entitled An act relating to public officers and
employees; amending s. 112.061, F.S.; eliminating the subsistence
allowance for Class C travel; amending ss. 112.3148 and 281.20, F.S.;
correcting cross references; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives McEwan, Sindler, Webster and Starks--
HB 1307-A bill to be entitled An act relating to Orange County;
amending chapter 26066, Laws of Florida, 1949, as amended; providing for
the appointment of one additional trustee; changing the number of trustees
required to constitute a quorum and to transact business after the addition
of the additional trustee; requiring the District to send one copy of its
annual financial statement to the Chairman of the Orange County
Legislative Delegation; providing an effective date.

Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Health Care.

January 14, 1992

been given; providing a procedure for a physician to rescind a do-not-
resuscitate order; transferring, renumbering, and amending s. 745.47, F.S.;
providing for judicial review of a surrogate's decisions; providing for review
of a surrogate's refusal to revoke a do-not-resuscitate order when such
revocation appears to be in the patient's best interest; providing for a court

E OF REPRESENTATIVES 73

By Representatives McEwan, Feeney, Stone, Sindler, Webster and
Starks-
HB 1309-A bill to be entitled An act relating to the City of Orlando,
Orange County, and the pension fund of the Orlando Fire Department;
amending and restating the pension fund and retirement plan created by
chapter 23444, Laws of Florida, 1945, as amended; providing severability;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Employee &
Management Relations.

By Representative Brennan-
HB 1311-A bill to be entitled An act relating to health care; creating
s. 745.40, F.S.; providing a short title; creating s. 745.405, F.S.; providing
legislative findings and intent; amending s. 745.41, F.S.; providing
definitions; amending s. 745.42, F.S.; providing a procedure for making
advance medical directives; providing for designation of a surrogate and
alternate surrogate; providing that a declaration may be a separate
document; requiring notification of a patient's physician that an advance
medical directive exists; prohibiting modification of an advance medical
directive; providing for refusal of cardiopulmonary resuscitation through
a do-not-resuscitate order; creating s. 745.421, F.S.; providing a suggested
form of a health care medical directive and a declaration; providing that
a declaration prepared as a separate document from a health care medical
directive may include additional directions; providing for severability;
creating s. 745.425, F.S.; providing for revocation of an advance medical
directive; providing for automatic revocation of appointment of a spouse
as a surrogate if the marriage is dissolved; exempting from civil and
criminal liability a person who has no actual knowledge of revocation;
requiring a revocation be included in the medical record; providing for
honoring do-not-resuscitate orders outside a health care facility; amending
s. 745.43, F.S.; providing for a presumption of capacity; providing a
presumption of consent to cardiopulmonary resuscitation for a person who
is admitted to a hospital; amending s. 745.44, F.S.; deleting a restriction on
physicians evaluating a patient's capacity; requiring physicians to
document their determinations about a patient's capacity in the patient's
medical and clinical records; providing for periodic evaluation of an
incapacitated patient; creating s. 745.445, F.S.; providing a procedure in
the absence of an advance medical directive or appointment of a surrogate;
providing that the absence of an advance medical directive creates no
presumption regarding a patient's consent or refusal to consent to certain
health care decisions; providing for certain persons to make health care
decisions for a patient and specifying conditions; providing for certain
persons to replace a surrogate or to function as a surrogate if one was not
appointed in an advance medical directive; excluding certain persons from
serving as a surrogate; amending s. 745.45, F.S.; providing the
responsibilities of a surrogate; providing that a surrogate's consent is not
required when the patient, during capacity, consented to a do-not-
resuscitate order; providing that the authority of a surrogate takes
precedence over a durable power of attorney granted by a court-appointed
guardian under certain conditions; amending s. 745.46, F.S.; providing
restrictions on surrogate consent authority; allowing consent related to life-
prolonging procedures if expressly authorized in the health care medical
directive; amending s. 745.50, F.S.; providing for responsibilities of health
care providers; requiring health care providers who refuse to comply with
a patient's declaration or a surrogate's treatment decision to make
reasonable efforts to transfer the patient to another health care provider;
requiring compliance with the patient's wishes if efforts to transfer are
unsuccessful; providing for payment of the expenses of transfer; providing
that an advance directive of a pregnant terminally ill patient may not be
honored while the pregnancy continues; requiring periodic review of the
condition of a patient for whom consent to a do-not-resuscitate order has

JOURNAL OF THE HOUSE OF REPRESENTATIVES

order that a surrogate's health care decision be honored; amending s.
745.51, F.S.; providing immunity from liability in connection with the
decisions of surrogates; creating s. 745.511, F.S.; providing immunity from
liability for carrying out specified health care decisions; providing a
presumption that a declaration was made voluntarily; creating s. 745.512,
F.S.; prohibiting mercy killing and euthanasia; distinguishing withholding
and withdrawing of life-prolonging procedures from suicide; creating s.
745.513, F.S.; providing that making a health care medical directive or
declaration may not affect life insurance policies held or purchased;
creating s. 745.514, F.S.; prohibiting falsification, forgery, or willful
concealment, cancellation, or destruction of a health care medical directive
or declaration or of a revocation of such document; providing penalties;
creating s. 745.515, F.S.; providing for recognition of advance medical
directives legally created before a specified date; creating s. 745.516, F.S.;
providing that the rights created in this chapter are cumulative to other
existing rights; creating s. 745.517, F.S.; recognizing an advance medical
directive or declaration that was validly created in another state; amending
s. 745.52, F.S.; providing for rulemaking; repealing s. 745.49, F.S., relating
to expiration of the designation of a health care surrogate; repealing ss.
765.01-765.15, F.S., the "Life-Prolonging Procedure Act of Florida";
repealing s. 765.17, F.S., relating to the recognition of a declaration
executed in another state; providing an effective date.
Referred to the Committees on Health Care and Appropriations.

By Representative King-
HB 1313-A bill to be entitled An act relating to insurance; amending
s. 628.271, F.S.; authorizing certain insurance companies to consolidate
with a parent company or out of state affiliate; providing requirements for
continued status of such companies as domestic companies; providing an
effective date.
Referred to the Committees on Insurance and Finance & Taxation.

By Representative Guber-
HB 1315-A bill to be entitled An act relating to insurance; amending
s. 627.660, F.S.; prohibiting insurers from issuing certain insurance policies
without approval by the Department of Insurance; requiring certain
policies to provide certain options; prohibiting certain marketing activities;
providing penalties; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative Morse-
HB 1317-A bill to be entitled An act relating to taxation; amending
ss. 220.13, 220.03, F.S.; providing tax incentives to encourage the export of
Florida agricultural products to East European Emerging Democracies in
order to promote Florida agricultural business ventures and to facilitate
the reintegration of such countries into the community of democratic
nations; providing an effective date.
Referred to the Committees on Agriculture, Finance & Taxation and
Appropriations.

By Representative Viscusi-
HB 1319-A bill to be entitled An act relating to the state lottery;
amending s. 24.105, F.S.; providing for Department of the Lottery
employee participation in the meritorious service awards program;
amending s. 24.111, F.S.; revising provisions relating to department
investigation of and contracts with vendors; amending s. 24.115, F.S.;
revising provisions relating to the payment of prizes; providing an effective
date.
Referred to the Committees on Regulated Services & Technology and
Appropriations.

By Representative Sansom--
HB 1321-A bill to be entitled An act relating to school instructional
materials; amending s. 233.34, F.S.; giving discretion to district school

boards in the expenditure of the annual state allocation for instructional
materials; requiring consideration of the state-adopted list; requiring a

summary of the reasons for purchasing items that are not on the state-
adopted list; requiring insertion of the summary into the minutes of the
district school board; deleting limitations on the expenditure of the
allocation; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representatives Holzendorf and C. F. Jones-
HB 1323-A bill to be entitled An act relating to local government
planning; amending ss. 163.3161, 163.3164, 163.3177, 163.3184, 163.3187,
163.3202, and 163.3215, F.S.; providing legislative intent; defining "small-
scale plan amendment"; authorizing certain counties to give priority to
economic development needs in designating future land uses; requiring the
Department of Community Affairs to adopt certain rules; providing
additional duties of the department; providing additional legislative intent
as to local government comprehensive planning; requiring the department
to adopt rules governing urban sprawl and rural development; revising the
comprehensive plan or plan amendment adoption process; limiting the
scope of certain petitions or proceedings; authorizing the Administration
Commission to withhold certain funds or grants prospectively; requiring
the department to adopt rules for modifying the plan amendment review
process and delegating plan amendment review responsibilities; providing
a procedure for small-scale plan amendments; excepting such amendments
from department review; requiring certain local government
determinations to be sustained under certain circumstances; providing an
effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representative Logan--
HB 1325-A bill to be entitled An act relating to civil rights; amending
s. 760.01, F.S.; renaming the Human Rights Act of 1977 as the Florida Civil
Rights Act of 1992; including the Florida Educational Equity Act and
provisions concerning public lodging establishments and public food
service establishments in the act; amending s. 760.02, F.S.; providing
definitions; amending s. 760.03, F.S.; revising language with respect to the
Florida Commission on Human Relations; amending s. 760.04, F.S.;
providing for the assignment of the commission to the Executive Office of
the Governor; amending s. 760.06, F.S.; revising language with respect to
the powers of the commission; amending s. 760.10, F.S.; eliminating
language with respect to remedies and construction concerning unlawful
employment practices; creating s. 760.11, F.S.; providing for administrative
and civil remedies; providing for construction; amending s. 760.36, F.S.;
revising language with respect to conciliation agreements to conform to the
act; providing for application; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Morse--
HR 1327-A resolution honoring Bernadette Pardo, Hispanic
television news reporter who recently confronted Fidel Castro.
Referred to the Committee on Rules & Calendar.

By Representative Tobin--
HB 1329-A bill to be entitled An act relating to pay telephone service;
amending s. 364.3375, F.S.; providing that Florida Public Service
Commission imposed limitations on calls shall not provide any preference
to an individual pay telephone provider or class of providers; authorizing
the commission to waive pay telephone service for certain local exchange
telecommunication companies; providing an effective date.
Referred to the Committees on Regulated Services & Technology and
Appropriations.

By Representative Lewis--
HB 1331-A bill to be entitled An act relating to real property;
authorizing the sale of a portion of described real property conveyed to the
School Board of Palm Beach County pursuant to Dedication Instrument

No. 25699; providing a certain use for the proceeds of the sale of that
portion of real property; directing the release of all restrictions and

74

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

reverters on that portion of real property; authorizing the School Board of
Palm Beach County to undertake improvements to that portion of real
property at its sole expense; directing the Board of Trustees of the Internal
Improvement Trust Fund to execute certain title documents; providing an
effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs, Public Schools and
Appropriations.

By Representatives Hanson and Foley-
HB 1333-A bill to be entitled An act relating to Palm Beach County;
defining career service employees; providing permanent status for certain
employees of the Palm Beach County Sheriff; providing applicability;
specifying rights of such employees; providing cause for suspension or
dismissal; providing for rules; providing procedures for appeal of
disciplinary actions and complaints against employees of the Sheriff;
providing for the appointment of boards to hear appeals and procedures
with respect thereto; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs, Employee &
Management Relations and Appropriations.

By Representative Ascherl-
HB 1335-A bill to be entitled An act relating to state uniform traffic
control; amending s. 316.655, F.S.; authorizing counties which participate
in an approved intergovernment radio communication system to assess a
surcharge on moving and nonmoving traffic violations for the purpose of
funding such a program; providing an effective date.
Referred to the Committees on Regulated Services & Technology,
Finance & Taxation and Appropriations.

By Representative Feeney-
HB 1337-A bill to be entitled An act relating to local government;
creating s. 218.80, F.S.; creating the "Public Bid Disclosure Act"; providing
legislative intent; requiring local governments to include certain provisions
in all bidding documents or other request for proposal; prohibiting local
governments from collecting undisclosed fees or halting construction under
certain circumstances; providing an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representative Hawkins-
HB 1339-A bill to be entitled An act relating to the City of Naples,
Collier County; amending ch. 90-469, Laws of Florida, which prohibits the
taking of saltwater fish, except by hook and line, hand-held cast nets, and
with no more than five (5) crab traps, in the residential, man-made
saltwater canals in the City of Naples, to define those man-made saltwater
canals within the City of Naples subject to the jurisdiction of the act;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Natural
Resources.

By Representative Diaz-Balart--
HB 1341-A bill to be entitled An act relating to DUI programs;
amending s. 25.387, F.S.; increasing the assessment on convictions that
result in attendance at DUI programs; requiring the DUI Programs
Coordination Office to evaluate the effectiveness of the programs and to
report to the Legislature; providing an effective date.

Referred to the Committees on Criminal Justice, Finance & Taxation
and Appropriations.

By Representatives Crady, Brown, Langton, Chinoy, Holzendorf, Wise,
King and Arnall-
HB 1343-A bill to be entitled An act relating to the Jacksonville Port
Authority, Duval County; amending chapter 63-1447, Laws of Florida, as
amended, the Charter of the Jacksonville Port Authority, repealing
provisions that require that the Council of the City of Jacksonville must
approve the removal of an Authority member from office; amending
provisions regarding voting requirements for lease approval; eliminating
language no longer applicable regarding payment of expenses; eliminating
invalid authorization to issue industrial development bonds; expanding
authorization to enter into joint ventures for development; eliminating
necessity to record leases as they are already public records; eliminating
duplication of appraisals and simplifying language regarding
intergovernmental contracts; eliminating references to general obligation
bonds and revising reference to Chapter 159, F.S.; removing transition
language no longer applicable; creating provisions concerning rights of
bondholders and rights of employees; revising provisions to reflect current
practice and eliminate redundancy of oath of office; providing an effective
date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Tourism,
Hospitality & Economic Development.

By Representative Mishkin-
HB 1345-A bill to be entitled An act relating to the membership of
statutorily created regulatory or decisionmaking boards, commissions,
councils, and committees of the state; declaring state policy with respect
to the gender balance of the membership of such bodies; prohibiting the
appointment or reappointment of a person to such a body if the
appointment or reappointment would cause the number of appointive
members of that body who are of one gender to exceed a certain number;
providing exceptions; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Davis-
HB 1347-A bill to be entitled An act relating to air pollution control;
amending s. 403.031, F.S.; providing definitions; amending s. 403.087, F.S.;
limiting air pollution source operation permits; providing for single
applications and permit fees for certain nonmajor air pollution sources;
creating s. 403.0872, F.S.; providing for operating permits and license fees
for major air pollution sources; providing application procedures;
providing for administrative hearings; providing uses of license fee
revenues; providing for audit of the major source operation permit
program; creating s. 403.0873, F.S.; creating the Florida Air Operation
License Fee Trust Fund; providing for deposit of certain license fees into
the fund and specifying uses of fund revenues; amending s. 403.0876, F.S.;
providing for application of certain conditions to operating permits for
certain air pollution sources; amending s. 403.507, F.S.; providing for
submitting certain Department of Environmental Regulation
recommendations and reports to federal agencies; amending s. 403.509,
F.S.; providing for time of effect of certain air pollution operating permits;
requiring certified electrical power plants to apply for and obtain a major
source air pollution operating permit; amending s. 403.516, F.S.;
authorizing the department to modify certain conditions of site
certification for electrical power plants; amending s. 403.518, F.S.;
requiring an operator of an electrical power plant to pay an annual
operation license fee; providing for deposit of the fee; creating s. 403.8051,
F.S.; creating the Small Business Air Pollution Compliance Advisory
Council; providing for membership and duties; creating s. 403.8052, F.S.;
requiring the Department of Environmental Regulation to conduct a small
business stationary air pollution source technical and environmental
compliance assistance program; providing for program content and
management; requiring the department to provide small business
stationary air pollution sources notice of compliance rights and

department rules; authorizing certain air pollution sources to petition the
department for inclusion in the program; providing an effective date.

January 14, 1992

75

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Starks-
HB 1349-A bill to be entitled An act relating to nursing homes;
amending s. 400.021, F.S.; defining the term "skilled pediatric nursing
facility"; amending s. 400.062, F.S.; providing for an additional license fee
for such facilities; providing requirements for skilled pediatric nursing
facilities, including requirements for licensure, admission, staffing,
inservice training, quality assurance, progress reports, and Medicaid
reimbursement; providing an effective date.
Referred to the Committees on Health Care, Finance & Taxation and
Appropriations.

By Representative King-
HB 1351-A bill to be entitled An act relating to weapons and firearms;
amending s. 790.0655, F.S.; providing that law enforcement and
correctional officers who are exempt from the concealed weapons licensing
requirements are exempt from the 3-day waiting period between the
purchase and delivery of a handgun; providing an effective date.
Referred to the Committee on Criminal Justice.

By Representative Ascherl-
HB 1353-A bill to be entitled An act relating to beach and shore
preservation; creating s. 161.59, F.S.; prohibiting on the coastal beaches of
the state the distribution or sale of any glass container or plastic container,
cup, straw, lid, or other plastic item that is used in conjunction with the
consumption of food or beverages and is intended for a single use;
providing a penalty; providing exceptions; providing for the posting of a
notice; providing an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By the Committee on Regulatory Reform; Representative Tobin-
HB 1355-A bill to be entitled An act relating to railroads and other
common carriers; amending s. 318.18, F.S.; providing a civil penalty for
failure to obey traffic control requirements at railroad-highway grade
crossings; amending s. 351.03, F.S.; authorizing municipalities and counties
to undertake pilot projects to research means to secure railroad-highway
grade crossings against accidents and, pursuant thereto, to pass ordinances
prohibiting the sounding of audible train warning devices between certain
hours; providing for funding of the pilot projects; amending s. 351.034, F.S.;
providing an exception to provisions requiring railroad-highway grade
crossings to be cleared for emergency vehicles; repealing s. 351.003, F.S.,
relating to powers of the Florida Public Service Commission over intrastate
rail rates and practices; repealing s. 351.009, F.S., relating to fees required
to be paid by railroad companies to the commission; saving s. 361.025, F.S.,
and chapters 351 and 354, F.S., from Sunset repeal; providing for future
review and repeal; providing an effective date.
Referred to the Committee on Appropriations.

By Representative Mortham-
HB 1357-A bill to be entitled An act relating to drivers' licenses;
repealing ss. 232.165, 322.09(3), 322.16(2)(b), 322.0601, F.S., relating to
conditions for issuing licenses to certain persons under the age of 18 years;
amending s. 322.05, F.S.; specifying minors who may be issued an
operator's license; providing an effective date.
Referred to the Committees on Transportation and Appropriations.

By Representatives Holzendorf, King, Wise, Arnall, Brown, Chinoy,
Langton and Crady-
HB 1359-A bill to be entitled An act relating to the Charter of the City
of Jacksonville, amending Article 16 of Chapter 67-1320, Laws of Florida,
as amended, being the Charter of the City of Jacksonville, to provide that
law enforcement officers who suffer certain conditions or impairments of

health shall be treated in a manner similar to firefighters with respect to
special provisions relative to disability; increasing the retirement

contribution rate for funding; declaring an important state interest;
providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Employee &
Management Relations.

By Representative Guber-
HB 1361-A bill to be entitled An act relating to the records of the
Department of Highway Safety and Motor Vehicles; amending s. 319.25,
F.S., relating to certificates of title of certain motor vehicles and mobile
homes; providing for the confidentiality of the address of a titleholder;
providing exceptions; prohibiting a person from selling, giving away, or
allowing the copying of an address unless authorized; providing a criminal
penalty; amending s. 320.05, F.S., relating to registration certificates of
certain motor vehicles and mobile homes; providing for the confidentiality
of the address of a registered owner; providing exceptions; prohibiting a
person from selling, giving away, or allowing the copying of an address
unless authorized; providing a criminal penalty; reorganizing provisions of
section; amending s. 322.20, F.S., relating to drivers' licenses; providing for
the confidentiality of the address of a licensed driver; providing exceptions;
prohibiting a person from selling, giving away, or allowing the copying of
an address unless authorized; providing a criminal penalty; deleting the
authority for a licensee under ch. 493, F.S., to obtain certain records;
updating a cross-reference; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Sindler-
HB 1363-A bill to be entitled An act relating to adoption; amending
s. 39.462, F.S.; revising language with respect to notice; amending s. 39.464,
F.S.; revising language with respect to voluntary relinquishment as
grounds for termination of parental rights; providing criteria for the
execution of the surrender; including reference to an intermediary; creating
s. 39.4655, F.S.; providing for an independent interview for voluntary
surrender; creating s. 39.4665, F.S.; providing for an adjudicatory hearing
for voluntary surrender; amending s. 39.47, F.S.; including reference to an
intermediary with respect to post-disposition relief; amending ss. 63.022,
63.042, 63.162, 63.165, 63.172, and 63.207, F.S.; eliminating reference to
natural parents and substituting the term birth parents; amending s.
63.032, F.S.; defining the term "birth parent"; amending s. 63.052, F.S.;
providing for the designation of a guardian when parental rights have been
terminated; providing for reports to the court under certain circumstances;
amending s. 63.062, F.S.; providing for persons who may consent to
adoption if the parental rights to the minor have been terminated;
amending s. 63.082, F.S.; revising language with respect to certain forms
provided by the Department of Health and Rehabilitative Services to an
intermediary who intends to place a child for adoption; amending s. 63.085,
F.S.; revising language with respect to disclosure by an intermediary;
amending s. 63.092, F.S.; providing for a report to the department;
providing for a preliminary home study; deleting language with respect to
injunction against an intermediary; amending s. 63.097, F.S.; providing for
fees; prohibiting certain fees; providing for fees to agencies or to the
department; amending s. 63.102, F.S.; providing for the consolidation of
the petition for declaratory statement and the petition for adoption under
certain circumstances; amending s. 63.112, F.S.; including reference to the
preliminary home study at the time the petition for adoption is filed;
amending s. 63.122, F.S.; deleting language with respect to an investigation;
creating s. 63.125, F.S.; providing for the final home investigation;
amending s. 63.132, F.S.; providing that the living expenses of the birth
mother shall be documented in detail; amending s. 63.212, F.S.; providing
that it is unlawful for any intermediary to obtain a preliminary home study
or final home investigation and fail to disclose this information to the
court; providing a penalty; creating s. 63.219, F.S.; providing for sanctions;

providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

76

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

programs may be required to contribute for the cost of such supervision;
providing an effective date.

campgrounds and resorts; amending ss. 509.501-509.511, F.S., and creating
ss. 509.5015, 509.5025, and 509.5085, F.S.; amending the "Florida

By Representative Laurent-
HB 1365-A bill to be entitled An act relating to notaries public;
amending s. 117.05, F.S.; removing prohibitions against specified
notarizations; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Laurent-
HB 1367-A bill to be entitled An act relating to executive agencies;
requiring certain agency officials to work in field positions periodically;
requiring a report; providing an effective date.
Referred to the Committee on Governmental Operations.

By Representative Ostrau-
HR 1369-A resolution commemorating the year 1992 as the 25th
Anniversary of the Jewish Federation of Greater Fort Lauderdale.
Referred to the Committee on Rules & Calendar.

By Representative Martinez-
HB 1371-A bill to be entitled An act relating to secondary metals
recyclers; amending s. 538.26, F.S.; prohibiting a secondary metals recycler
from purchasing regulated metals property unless the seller meets one of
specified criteria; amending s. 538.23, F.S.; providing a penalty for a
secondary metals recycler who purchases regulated metals property when
the seller does not meet one of specified criteria; providing an effective
date.
Referred to the Committee on Criminal Justice.

By Representative Albright-
HB 1373-A bill to be entitled An act relating to water and wastewater
systems; amending s. 367.071, F.S.; revising language with respect to sale,
assignment, or transfer; providing for notice; providing for rules; providing
for priority; amending s. 367.081, F.S.; providing that when one utility is
acquired by another the rate base for ratemaking purposes shall be the
former utility's rate base or the prudent acquisition price, whichever is less;
providing an effective date.
Referred to the Committees on Regulated Services & Technology and
Appropriations.

By Representative Feeney-
HB 1375-A bill to be entitled An act relating to the Orlando-Orange
County Expressway Authority Law; amending s. 348.753, F.S.; revising
language with respect to the membership of the governing body of the
authority; providing for the disclosure of certain interests; requiring
agents, consultants, and employees to make certain disclosures; providing
for a code of ethics; amending section 59 of chapter 88-557, Laws of Florida,
to delete language relating to the Central Connector; providing that the
connector shall not be built; providing an effective date.
Referred to the Committee on Transportation.

By Representative Lewis-
HB 1377-A bill to be entitled An act relating to ad valorem taxation;
providing legislative findings; amending ss. 193.1145 and 197.172, F.S.;
providing that the interest rates on delinquent real and personal property
taxes, tax certificates, and delinquent provisional taxes shall be
determined annually by the executive director of the Department of
Revenue; providing requirements for the determination of such rates;
amending s. 197.402, F.S., to conform; providing an effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Graham--
HB 1379-A bill to be entitled An act relating to the supervision of
probationers, parolees, and others; amending s. 948.09, F.S.; revising the
maximum amount that persons in various community supervision

Referred to the Committees on Corrections, Finance & Taxation and
Appropriations.

By Representative Silver-
HB 1381-A bill to be entitled An act relating to the Florida
Retirement System; creating s. 121.1415, F.S.; creating the Board of
Trustees of the Florida Retirement System; providing for membership,
appointment, and term of office; providing that it shall be the duty of the
board to make investments for the System Trust Fund; transferring all
powers, duties, and functions exercised by the State Board of
Administration with respect to the Florida Retirement System to the
Board of Trustees of the Florida Retirement System; amending ss. 121.151,
121.153, 215.44, 215.49, and 215.50, F.S., to conform to the act; repealing
s. 215.475, F.S., relating to restrictions on investments by the Board of
Administration for the System Trust Fund not in conformance with the
Florida Retirement System Total Fund Investment Plan; providing an
effective date.
Referred to the Committees on Employee & Management Relations and
Appropriations.

By Representative Graham-
HB 1383-A bill to be entitled An act relating to the state correctional
system; amending s. 945.091, F.S.; extending the period during which an
inmate may be allowed to leave confinement for prescribed periods of time
for the purpose of employment, education, or training; providing an
effective date.
Referred to the Committee on Corrections.

By Representative Lewis-
HB 1385-A bill to be entitled An act relating to non-ad valorem
assessments; amending s. 197.3632, F.S.; changing the date by which the
property appraiser must provide certain information to local governments
using the uniform method of collection of such assessments; changing the
period for adoption of a non-ad valorem assessment roll; changing the date
of certification of such rolls to the tax collector and providing for
certification to the property appraiser; amending ss. 200.065 and 200.069,
F.S.; revising the notice of proposed property taxes to include notice of
adopted non-ad valorem assessments; providing requirements with respect
thereto; providing an effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Laurent-
HB 1387-A bill to be entitled An act relating to travel by state officers
and employees; providing that travel rewards awarded to state officers and
employees as a result of travel at state expense are the property of the state;
providing for the use of such travel rewards; providing duties of the
Department of Administration; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative King-
HB 1389-A bill to be entitled An act relating to school instructional
materials; amending s. 233.47, F.S.; allowing instructional materials to be
withheld from a pupil in specified circumstances; providing an effective
date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Sansom-
HB 1391-SF-A bill to be entitled A proposal relating to cemeteries.
Referred to the Committees on Commerce and Appropriations.

By Representative Burke-
HB 1393-A bill to be entitled An act relating to membership

January 14, 1992

77

78 JOURNAL OF THE HOUSE

Membership Campground Act"; changing the name of the act to the
"Florida Membership Campground and Resort Act"; providing definitions;
requiring a contract for the purchase of the right to use campgrounds or
resorts and facilities pursuant to a membership camping or resort plan;
providing that a contract may be canceled within a specified time period;
requiring that certain disclosures must appear on the contract; requiring
certain deposits to be held in a trust account for a specified time period;
providing penalties; providing restrictions on advertising materials;
providing requirements for prize and gift promotion offers; providing for
purchasers' remedies; providing criminal penalties; providing that a
violation of the act is a deceptive and unfair trade practice; providing
requirements with respect to brokerage or resale of campground or resort
memberships; providing an effective date.
Referred to the Committees on Judiciary, Finance & Taxation and
Appropriations.

By Representative Burke-
HJR 1395-A joint resolution proposing the creation of Section 10,
Article II of the State Constitution, relating to public office.
Referred to the Committee on Ethics & Elections.

By Representative Foley-
HB 1397-A bill to be entitled An act relating to speed measuring
devices; amending s. 316.1905, F.S.; increasing the time period interval
between tests of electrical, mechanical, or speed calculating devices used
to determine the speed of a motor vehicle; amending s. 316.1906, F.S.;
redefining the term "radar" to include laser-based speed-measurement
systems; providing an effective date.
Referred to the Committee on Transportation.

By Representative Rojas-
HB 1399-A bill to be entitled An act relating to municipal traffic
citations; providing a definition; providing specific criteria for issuing a
traffic citation for obstructing or blocking a sidewalk in a residential area;
providing for municipal variances from statewide requirements; providing
an effective date.
Referred to the Committee on Transportation.

By Representative Rayson-
HB 1401-A bill to be entitled An act relating to public school crossing
guards; creating s. 234.302, F.S.; requiring certain local governmental
entities to provide training programs for crossing guards; requiring
adoption of training guidelines; requiring successful completion of
program; amending s. 318.21, F.S.; requiring a portion of each civil penalty
for certain traffic infractions to be used for crossing guard training
programs; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Stafford--
HB 1403-A bill to be entitled An act relating to the Florida Revenue
Sharing Act of 1972; amending s. 218.21, F.S.; revising the definition of
"guaranteed entitlement" for Metro-Dade County to restrict Metro-Dade
County's distribution of the municipal revenue sharing program to its
guaranteed entitlement and to adjust the annual increase in such
distribution to the same percentage increase that all other participating
municipalities receive, if any; providing an effective date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representatives Silver, Irvine and Pruitt-

HB 1405-A bill to be entitled An act relating to weapons and firearms;
creating s. 810.095, F.S.; prohibiting trespass upon school property with a
weapon or firearm; amending s. 230.23, F.S.; providing for school boards
to add specified notice of possible criminal penalties to codes of student
conduct; amending s. 39.037, F.S.; requiring notification of the district

I

E OF REPRESENTATIVES January 14, 1992

school superintendent or his designee of the taking into custody of a
student under certain circumstances; providing an exemption from public
records requirements; providing for future review and repeal; providing for
removal of information from school records; creating s. 790.115, F.S.;
providing for increased penalties for carrying concealed weapons or
firearms upon grounds or facilities of public and nonpublic schools; adding
destructive devices to weapons which may not be improperly exhibited;
providing for unlawful possession and discharge of weapons and firearms
on school property and at school functions; providing a definition;
providing exceptions; providing penalties; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Silver--
HB 1407-A bill to be entitled An act relating to road designations;
designating a portion of N.E. 1st Avenue in Miami as "Maurice Rosen
Avenue"; directing the Department of Transportation to erect suitable
markers; providing an effective date.
Referred to the Committee on Transportation.

By Representative Brown-
HB 1409-A bill to be entitled An act relating to the college reach-out
program; amending s. 240.61, F.S.; prescribing student eligibility criteria;
specifying data required to evaluate program effectiveness; providing for
the collection of such data; specifying the membership of the College
Reach-Out Advisory Committee; providing for terms of advisory
committee members; requiring the Postsecondary Education Planning
Commission to report on program effectiveness; providing for an
appropriation; providing an effective date.
Referred to the Committees on Postsecondary Education and
Appropriations.

By Representative Holzendorf-
HB 1411-A bill to be entitled An act relating to appointments to
statewide boards and commissions; providing for geographical
representation on statewide boards and commissions having five or more
appointive members; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Gordon-
HB 1413-A bill to be entitled An act relating to state lands; amending
s. 253.033, F.S.; requiring the Board of Trustees of the Internal
Improvement Trust Fund to convey certain additional "Graves tract"
property to the City of North Miami; providing an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representatives McEwan, K. Smith, Langton, Flagg, Chestnut,
Arnall and Albright-
HB 1415-A bill to be entitled An act relating to state recreational
areas; renaming the Flagler State Recreational Area in Flagler County as
the "Gamble Rogers Memorial Park, a Florida Recreational Area";
directing that appropriate markers be erected; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Silver--
HB 1417-A bill to be entitled An act relating to crimes compensation;
creating the Timothy Jeffery Act; amending s. 960.13, F.S.; requiring the
Department of Legal Affairs to award certain expenses for medical care
under certain circumstances; providing an appropriation; providing an
effective date.

Referred to the Committees on Judiciary and Appropriations.

By Representative Langton-
HB 1419-A bill to be entitled An act for the relief of Mr. and Mrs.
Darriel Swindell; providing an appropriation to compensate them for

JOURNAL OF THE HOUSE]

injuries caused by the negligence of the Department of Corrections;
providing an effective date.
Referred to the Committee on Claims.

By Representative Stone-
HB 1421-A bill to be entitled An act relating to public school finance;
amending s. 236.081, F.S.; prescribing a minimum allocation of state funds
under the Florida Education Finance Program to a school district for
current operation of the schools in the district; revising the formula for
calculating the total annual state allocation to each district; limiting the
local required effort under that program for a school district; providing an
effective date.
Referred to the Committees on Public Schools, Finance & Taxation and
Appropriations.

By Representative Garcia-
HB 1423-SF-A bill to be entitled A proposal relating to pari-mutuel
wagering.
Referred to the Committees on Regulated Industries and
Appropriations.

By Representative Jennings-
HB 1425-A bill to be entitled An act relating to the Sarasota-Manatee
Airport Authority; amending chapter 91-358, Laws of Florida; increasing
the annual salary of authority members to $2,000; providing an effective
date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Transportation.

By Representative Frankel-
HB 1427-A bill to be entitled An act relating to the mental health of
children; creating s. 394.490, F.S.; providing a short title; creating s.
394.491, F.S.; providing legislative intent; creating s. 394.492, F.S.;
providing definitions; creating s. 394.493, F.S.; stating the mission of the
children's mental health service system; creating s. 394.494, F.S.; providing
for family service teams; providing requirements for the family service
plan; creating s. 394.495, F.S.; providing for case management services;
creating s. 394.496, F.S.; providing for a continuum of care, including
nonresidential services, respite care services, and residential treatment;
requiring each service district of the Department of Health and
Rehabilitative Services to have a case review committee; providing for
membership and duties of the committee; transferring and renumbering s.
394.4784, F.S., relating to minors' access to outpatient crises intervention
services and treatment; creating s. 394.497, F.S.; providing for voluntary
admission to residential treatment; providing for a determination of
voluntariness; requiring the juvenile court to be notified in specified
circumstances; requiring discharge in specified circumstances; requiring
mental health facilities to develop discharge plans; providing for the rights
of a child who is on voluntary status; amending s. 394.465, F.S.; deleting
provisions relating to voluntary admission to mental health facilities of
persons under 18 years of age; creating s. 394.498, F.S.; providing rights of
children who have emotional disturbances; amending s. 394.459, F.S.;
amending, for certain patients, the time period within which the restriction
of a patient's right to communicate must be reviewed; creating s. 394.4990,
F.S.; providing for rulemaking; creating s. 394.4991, F.S.; providing
applicability of ss. 394.463, 394.467, and 394.469, F.S.; amending s. 395.002,
F.S.; defining the term "intensive psychiatric residential treatment
programs for children and adolescents"; amending s. 395.003, F.S.;
requiring intensive psychiatric residential treatment programs for children
and adolescents to be licensed as hospitals; creating s. 395.0085, F.S.;
prohibiting misleading, unfair, or deceptive acts and practices by hospitals
that provide care and treatment for certain emotionally disturbed persons;
transferring, renumbering, and amending s. 394.4785, F.S.; deleting
provisions relating to admitting a minor to a state mental hospital;

repealing s. 394.4781, F.S., relating to residential care for psychotic and
emotionally disturbed children, and ss. 394.50, 394.56, 394.57, 394.58,

January 14, 1992

amending s. 409.325, F.S.; revising provisions and penalties relating to
public assistance fraud; reenacting and amending s. 11.50, F.S., relating to
the Division of Public Assistance Fraud, to incorporate the amendment to
s. 409.325, F.S., in references thereto and to conform said section to the
amendment; reenacting ss. 772.102(1)(a)2. and 895.02(1)(a)3., relating to

E OF REPRESENTATIVES 79

394.59, 394.60, 394.61, 394.62, F.S., relating to children's residential care
and residential and day treatment centers; providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Daryl Jones-
HB 1429-A bill to be entitled An act relating to housing; amending
s. 420.0001, F.S.; renaming the State Housing Incentive Partnership Act of
1988; amending s. 420.0002, F.S.; revising legislative findings; amending s.
420.0005, F.S.; revising provisions relating to costs paid from a trust fund;
amending s. 420.306, F.S.; revising definitions of the Housing
Predevelopment and Elderly Homeowner Rehabilitation Assistance Act;
amending s. 420.307, F.S.; revising provisions relating to administration of
a trust fund and providing for availability of funds; amending s. 420.308,
F.S.; revising provisions relating to authorized loans and grants and
activities eligible for support; amending s. 420.309, F.S.; revising
application procedures for receipt of funds; requiring notice and
establishment of a review committee and scoring system; amending s.
420.31, F.S.; revising provisions relating to rules and annual reports;
amending s. 420.32, F.S.; revising provisions relating to default on a loan;
providing for deposit of funds; creating s. 420.36, F.S.; creating the Low-
income Emergency Home Repair Program; providing eligibility, allowable
expenses, fund distribution, and departmental powers; creating s. 420.37,
F.S.; providing additional powers of the Florida Housing Finance Agency;
amending s. 420.503, F.S.; adding definitions to the Florida Housing
Finance Agency Act; amending s. 420.507, F.S.; revising and adding powers
of the agency; amending s. 420.5087, F.S.; revising provisions relating to the
State Apartment Incentive Loan Program; revising fund distribution and
reservation of funds; revising provisions applicable to state apartment
loans; amending s. 420.5088, F.S.; revising provisions relating to the Florida
Homeownership Assistance Program; providing criteria for loans to certain
nonprofit sponsors or developers; providing for the reservation of funds;
providing for the transfer of funds; restricting the availability of funds;
creating s. 420.5089, F.S.; creating the HOME Partnership Program and
establishing a trust fund; providing for loans based on competitive
selection; providing for pilot programs; providing for eligible activities;
providing for a review committee; providing for approval and
determination of loans; providing agency powers; providing for the deposit
of funds; creating s. 420.5091, F.S.; providing for rules to implement the
HOPE Program; providing for the acquisition of property; creating s.
420.5092, F.S.; creating the Florida Affordable Housing Guarantee
Program and authorizing agency action; amending s. 420.601, F.S.;
renaming the Florida Affordable Housing Act of 1986; amending s.
420.6015, F.S.; revising legislative findings; amending s. 420.606, F.S.;
providing for technical support for the HOME Partnership Program;
providing for transfer of program functions of the Housing
Predevelopment Trust Fund to the Florida Housing Finance Agency;
repealing ss. 420.603, 420.604, and 420.605, F.S., relating to the Florida
Affordable Housing Trust Fund, the Florida Affordable Housing
Demonstration Program, and the Affordable Housing Loan Program;
repealing ss. 420.801, 420.802, 420.803, 420.804, 420.805, 420.806, 420.808,
420.809, 420.810, 420.811, 420.812, and 420.813, F.S., relating to the Pocket
of Poverty Program; repealing ss. 420.901, 420.902, 420.903, 420.904,
420.905, and 420.906, F.S., relating to the Maintenance of Housing for the
Elderly Act; providing an effective date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representatives Mims and Albright-
HB 1431-A bill to be entitled An act relating to public assistance;
providing for establishment of an electronic benefit transfer program;
providing duties of the Department of Health and Rehabilitative Services;

JOURNAL OF THE HOUSE OF REPRESENTATIVES

criminal activity and racketeering activity, to incorporate the amendment
to s. 409.325, F.S., in references thereto; creating s. 409.326, F.S.; providing
administrative penalties, including disqualification, for certain violations
of the food stamp program by a recipient; providing procedure; creating s.
409.327, F.S.; providing administrative penalties, including license
revocation, fines, and specified disqualifications for retailers engaging in
a pattern of fraud in violation of the food stamp program; creating s.
409.328, F.S.; requiring specified annual reporting; providing for federal
waivers; providing that it is cause for dismissal of department employees
knowingly to allow ineligible persons to obtain public assistance; specifying
retail items not purchasable with food stamp coupons or access cards;
providing effective dates.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Sembler-
HB 1433-A bill to be entitled An act relating to possession of alcoholic
beverages in vehicles; amending s. 316.1936, F.S.; increasing the penalty for
an operator of a motor vehicle who is in possession of an open container
of alcoholic beverages; amending ss. 316.655, 318.17, F.S., pertaining to
penalties and excepted offenses, to conform; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Sembler-
HB 1435-A bill to be entitled An act relating to traffic control;
amending s. 316.1935, F.S.; increasing the penalty for fleeing or attempting
to elude a police officer; providing an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representatives Harris, Frankel, Holzendorf, K. Smith, Hill, Ritchie
and Sembler-
HB 1437-A bill to be entitled An act relating to farmworker housing;
amending s. 381.008, F.S.; providing definitions; creating s. 381.0089, F.S.;
providing for right of access to migrant labor camps and residential
migrant housing; providing notice requirement; authorizing civil action;
providing for civil liability; providing for rules; creating s. 381.00891, F.S.;
providing for an administrative complaint process; creating s. 381.00892,
F.S.; prohibiting discriminatory conduct; providing for review and repeal;
providing an effective date.
Referred to the Committees on Agriculture and Appropriations.

By Representative Rush-
HJR 1439-A joint resolution proposing amendments to Sections 1
and 6 of Article VII and Section 15 of Article X and the creation of Section
16 of Article X and Section 20 of Article XII of the State Constitution
relating to state appropriations and taxation, homestead exemption, the
state lottery, and the general revenue budget.
Referred to the Committees on Public Schools, Finance & Taxation and
Appropriations.

By Representative Diaz-Balart-
HB 1441-A bill to be entitled An act relating to driver improvement
schools; amending s. 318.14, F.S., relating to noncriminal traffic
infractions; revising language with respect to reduction in fines; correcting
a cross reference; providing for the assessment of points; amending s.
318.15, F.S., relating to failure to comply with a civil penalty or to appear;
providing procedures when a person fails to complete a driver
improvement course; amending s. 318.1451, F.S.; authorizing the
department to suspend the certificate of approval for certain schools which
offer driver improvement courses; authorizing the department to establish
certain control groups; amending s. 318.21, F.S., relating to the disposition
of civil penalties by county courts; amending s. 322.291, F.S.; providing
additional violations for which a person may be ordered to attend a driver
improvement school; repealing section 6 of chapter 91-200, Laws of Florida,
relating to the future repeal of the sections of law relating to driver

improvement schools; providing for review and repeal; providing effective
dates.

Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representative Grindle-
HB 1443-A bill to be entitled An act relating to health care facilities;
amending s. 395.1015, F.S.; exempting certain revenues of health care
facilities from an annual assessment; providing an effective date.
Referred to the Committees on Health Care, Finance & Taxation and
Appropriations.

By Representative Sindler-
HB 1445-A bill to be entitled An act relating to small business
financing; creating a community bank pilot program; authorizing the
investment of specified state funds; providing for the selection of
participating financial institutions; requiring matching funds; requiring
the establishment of guidelines for the pilot program; requiring an annual
report; providing for expiration of the pilot program; providing an effective
date.
Referred to the Committees on Commerce, Finance & Taxation and
Appropriations.

By Representative Chinoy-
HB 1447-A bill to be entitled An act relating to education; amending
s. 229.58, F.S.; revising provisions for establishment of school advisory
councils; defining the term "education support employee"; providing an
effective date.
Referred to the Committee on Public Schools.

By Representative Rudd-
HB 1449-A bill to be entitled An act relating to the state lottery;
amending s. 24.121, F.S.; revising the distribution of certain lottery
proceeds under certain circumstances; providing an effective date.
Referred to the Committees on Regulated Services & Technology,
Finance & Taxation and Appropriations.

By Representative Long-
HB 1451-A bill to be entitled An act relating to hazardous wastes;
prohibiting the construction of any biohazardous waste incinerators;
providing for expiration of the prohibition on a specified date; requiring
the Governor to appoint a task force to make recommendations to the
Legislature with regard to the regulation of biohazardous waste
incinerators; requiring the Department of Environmental Regulation to
provide staff support for the task force; requiring a report; providing an
effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Mackey-
HB 1453-A bill to be entitled An act relating to mental health;
amending s. 394.4785, F.S.; providing restrictions on admissions of minors
to certain facilities; providing responsibilities of the Department of Health
and Rehabilitative Services; providing for rules; requiring a report to the
Governor and the Legislature on the impact of the act; providing an
effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Peeples-
HB 1455-A bill to be entitled An act relating to motor vehicle sales
warranties; amending s. 681.102, F.S.; providing definitions; amending s.
681.103, F.S.; requiring manufacturers to provide notice of certified
dispute settlement procedures; amending s. 681.104, F.S.; revising certain
consumer remedies if a manufacturer fails to repair a nonconformity;
amending s. 681.106, F.S.; deleting a provision that provides that a

consumer acts in bad faith if he files a claim which lacks a justiciable issue
of law or fact; amending s. 681.108, F.S.; providing for dispute settlement

80

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

procedures; creating s. 681.1085, F.S.; providing operating guidelines for
certified procedures; amending s. 681.109, F.S.; revising certain provisions
relating to the eligibility of disputes filed with the Florida New Motor
Vehicle Arbitration Board; amending s. 681.1095, F.S.; revising the
composition of the Florida New Motor Vehicle Arbitration Board;
providing for the Division of Consumer Services of the Department of
Agriculture and Consumer Services to determine the eligibility of certain
disputes presented to the board; authorizing the board to administer oaths;
revising certain provisions relating to the appeal of board decisions;
amending s. 681.114, F.S.; requiring disclosure upon resale of certain
vehicles returned pursuant to ch. 681, F.S.; amending s. 681.115, F.S.;
providing that certain waiver agreements are void; providing for
applicability to previously purchased or leased vehicles; providing an
effective date.
Referred to the Committees on Commerce and Appropriations.

By Representative C. F. Jones-
HB 1457-A bill to be entitled An act relating to ad valorem tax
assessment; amending s. 193.461, F.S.; providing requirements with respect
to consideration by the property appraiser of income produced by property
which is assessed as agricultural property; providing an effective date.
Referred to the Committees on Agriculture, Finance & Taxation and
Appropriations.

By Representative C. F. Jones-
HB 1459-A bill to be entitled An act relating to hazardous waste;
amending ss. 381.0098, 403.703, F.S.; providing that, as used in provisions
regulating the treatment and disposal of certain hazardous wastes, the
terms "biohazardous waste," "biological waste," and "hazardous waste," do
not include the disposal of human remains under ch. 470, F.S., relating to
the practice of funeral directing; providing an effective date.
Referred to the Committee on Natural Resources.

By Representative Holzendorf-
HB 1461-A bill to be entitled An act relating to the Florida
Employment Opportunity Act; amending s. 409.029, F.S.; amending the
short title; amending cross-references; deleting obsolete provisions;
providing for housing assistance for teenage parents; establishing the
Teenage Parent Group Residence Pilot Program; providing an application
procedure and providing for competitive selection of grant recipients;
requiring an annual report and evaluation of the program's effectiveness;
providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Liberti-
HB 1463-A bill to be entitled An act relating to the Loxahatchee
Groves Water Control District, Palm Beach County, created pursuant to
chapter 298, F.S.; providing definitions; authorizing the permitting of
hauling operations on the road and roadways of the district; providing for
a form of permit application; providing that the use of district roads and
roadways may be limited or restricted and otherwise coordinated with the
district board of supervisors; requiring that the hauling operator maintain
or pay for the expenses of repair and maintenance of district roads and
roadways; providing that the hauling operator maintain liability insurance;
providing that the permit applicant and hauling operator indemnify the
district for any damage caused by hauling activities and establishing an
attorneys' fees provision; authorizing hauling permit fees; authorizing the
promulgation of rules to implement this chapter; providing for civil and
criminal penalties for failure to obtain or abide by the conditions of a
hauling permit; providing for assessments for damage done to district roads
and roadways; providing for liens for unpaid assessments; providing an
effective date.
Proof of publication of the required notice was attached.

Referred to the Committees on Community Affairs, Transportation,
Finance & Taxation and Appropriations.

By Representative Stone-
HB 1465-A bill to be entitled An act relating to firesafety; amending
s. 633.022, F.S.; providing that local authorities may require more stringent
firesafety standards in specified circumstances; providing an effective date.
Referred to the Committees on Insurance and Appropriations.

By Representative King-
HB 1467-A bill to be entitled An act relating to aid to families with
dependent children; amending s. 409.235, F.S.; providing for suspension of
payments for children with specified unexcused absences from school;
providing exemptions; providing an effective date.
Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

By Representative Liberti-
HB 1469-A bill to be entitled An act relating to Palm Beach County;
amending chapter 67-1876, Laws of Florida, as amended, relating to the
Palm Beach County Construction Industry Licensing Board; amending
definitions of contractor, qualifying agent, and supervision; amending the
experience prerequisites for plumbing, electrical, and heating, air
conditioning, refrigeration, and ventilation contractors, specialty
contractors, and journeymen; adding definitions of chapter and employee;
amending the name of the board; amending membership requirements;
providing that the board is autonomous regarding licensure and
disciplining of contractors and participates in the hiring of its director;
amending requirements regarding applications and issuance of certificates;
amending procedures regarding license renewals; increasing maximum fees
to be charged; modifying advertising requirements; expanding lists of acts
subject to disciplinary action; expanding disciplinary powers of the board;
amending exemptions; providing an effective date.
Proof of publication of the required notice was attached.
Referred to the Committees on Community Affairs and Finance &
Taxation.

By Representatives Reaves, King and Ritchie-
HB 1471-A bill to be entitled An act relating to worthless checks;
amending s. 832.07, F.S.; providing for the use of a driver's license number
to establish prima facie evidence of a person's identity; deleting a
requirement that information regarding a person's race be obtained for
purposes of establishing such prima facie evidence; providing an effective
date.
Referred to the Committee on Criminal Justice.

By Representative Hargrett-
HB 1473-A bill to be entitled An act relating to land use and
environmental regulations; providing that the Florida State Fair Authority
shall be subject to all state and local laws relating to land use, fees, and
environmental regulations; providing an effective date.
Filed

HB 1475-Withdrawn

By Representative C. F. Jones-
HB 1477-SF-A bill to be entitled A proposal relating to
comprehensive health care.
Referred to the Committees on Health Care and Appropriations.

By Representative Graham-
HB 1479-A bill to be entitled An act relating to taxation; amending
s. 212.0596, F.S.; revising provisions which specify those dealers subject to
the sales tax on mail order sales; providing that certain printers are not
considered a dealer's agent in this state; providing that dealers who own
real or tangible personal property in this state are subject to the tax, unless

the property is located at the premises of a printer and is associated with
a final printed product; amending s. 212.06, F.S.; excluding from the

January 14, 1992

81

JOURNAL OF THE HOUSE OF REPRESENTATIVES

definition of "dealer" for sales tax purposes a person whose only property
in this state is such property; providing that it is not intended to levy sales
tax on certain sales by a printer to a nonresident print purchaser; amending
s. 220.03, F.S.; excluding from the definition of "taxpayer" for corporate
income tax purposes certain corporations whose only property in this state
is located at the premises of a printer and is associated with a final printed
product; providing an effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Mackey-
HB 1481-A bill to be entitled An act relating to motor vehicles
operated by the hearing impaired; creating ss. 229.8364 and 316.1972, F.S.;
requiring owners or lessees of motor vehicles who are residents and hearing
impaired to place a decal in the rear window of the vehicle identifying the
impairment; providing for the form of the decal; directing the Florida
Council for the Hearing Impaired to produce and distribute the decal;
providing a fee; providing for disposition and use of the fee; providing an
effective date.
Referred to the Committees on Transportation, Finance & Taxation and
Appropriations.

By Representative Burke-
HB 1483-A bill to be entitled An act for the relief of Freddie Lee Pitts
and Wilbert Lee; providing an appropriation to compensate them for
wrongful imprisonment; providing an effective date.
Referred to the Committees on Claims and Appropriations.

By Representative Peeples-
HB 1485-A bill to be entitled An act relating to aquatic preserves;
amending s. 258.39, F.S.; modifying names of the Fort Pickens, Rocky
Bayou, and St. Andrews Aquatic Preserves; revising the boundaries of the
St. Andrews and Pine Island Sound Aquatic Preserves; amending s.
258.392, F.S.; revising the boundary of the Gasparilla Sound-Charlotte
Harbor Aquatic Preserve; providing an effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Burke-
HB 1487-A bill to be entitled An act relating to the Florida Martin
Luther King, Jr., Institute for Nonviolence; providing legislative findings;
creating the institute and providing for a board of directors; providing
membership, terms, powers, and duties; authorizing the establishment of
fellowships, provision of financial assistance, and receipt of grants and
contributions; requiring reporting to the Legislature; providing an effective
date.
Referred to the Committees on Postsecondary Education and
Appropriations.

By Representative Rojas-
HB 1489-A bill to be entitled An act relating to offers of settlement;
repealing s. 45.061, F.S., relating to offers of settlement; amending ss.
44.102 and 766.209, F.S., relating to court-ordered mediation and voluntary
binding arbitration, to conform; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Rojas-
HB 1491-A bill to be entitled An act relating to offers of judgment;
repealing s. 768.79, F.S., relating to offers of judgment and demands for
judgment; amending ss. 44.102 and 766.209, F.S., relating to court-ordered
mediation and voluntary binding arbitration, to conform; providing an

effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Corr-
HB 1493-A bill to be entitled An act relating to the disposition of
unclaimed criminal evidence; amending s. 705.105, F.S.; revising language,
and requiring that the balance of proceeds following public sale be
deposited into the local government's fine and forfeiture fund; providing
an effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Kelly-
HB 1495-A bill to be entitled An act relating to the Administrative
Procedure Act; creating s. 120.568, F.S.; requiring mediation prior to a
formal proceeding on any agency decision that affects substantial interests;
providing exception; providing for establishment and requirements of the
mediation process; providing rulemaking authority; providing an
exemption from public records requirements for oral or written
communications at any such mediation proceeding; providing for future
review and repeal; providing an effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representative Brown--
HB 1497-A bill to be entitled An act relating to the Homestead
Property Tax Deferral Act; amending s. 197.252, F.S.; revising conditions
under which deferral may not be granted; revising the rate of interest which
accrues on taxes, non-ad valorem assessments, and interest which may be
deferred under the act; amending s. 197.253, F.S.; providing that fire and
extended coverage insurance shall be required only under certain
circumstances; amending s. 197.254, F.S.; revising requirements relating to
the notice to taxpayers of the right to defer taxes; amending s. 197.262, F.S.;
deleting the requirement for a separate deferred payment tax certificate
sale, and the requirement that unsold certificates be purchased by the
State Board of Administration, and providing that such certificates be
struck off to the county; amending s. 197.263, F.S.; revising the conditions
under which a specified portion of deferred taxes and interest becomes
payable; amending s. 197.172, F.S., to conform; repealing s. 215.47(2)(d),
F.S., relating to investment by the State Board of Administration in
deferred payment tax certificates; providing an effective date.
Referred to the Committees on Finance & Taxation and Appropriations.

By Representative Irvine-
HB 1499-A bill to be entitled An act relating to armory boards;
amending s. 250.40, F.S.; providing for the receipt of certain moneys by the
Adjutant General and for the treatment of such moneys as public moneys;
requiring an accounting as prescribed by rules; providing an effective date.
Referred to the Committees on Veterans & Military Affairs &
Emergency Preparedness and Appropriations.

By Representatives Lippman and Huenink-
HB 1501-A bill to be entitled An act relating to financial
responsibility; amending s. 324.031, F.S.; specifying a method of proving
financial responsibility for taxicabs, limousines, and other for-hire
passenger transportation vehicles; providing an effective date.
Referred to the Committee on Insurance.

By Representative Lippman-
HB 1503-A bill to be entitled An act relating to certificates of need;
amending s. 381.706, F.S.; including certain organ transplantation
programs within a list of projects subject to expedited certificate-of-need
review; amending s. 381.713, F.S.; providing criteria for establishing the
need for an organ transplantation program; providing for periodic
evaluation of approved programs; providing for revocation of authority to

conduct a program; providing an effective date.
Referred to the Committees on Health Care and Appropriations.

82

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Lippman-
HB 1505-A bill to be entitled An act relating to the Florida Birth-
Related Neurological Injury Compensation Plan; amending s. 766.314,
F.S.; correcting a provision relating to supervised certified nurse midwives;
providing an effective date.
Referred to the Committee on Regulatory Reform.

By Representative Pruitt-
HB 1507-A bill to be entitled An act relating to growth management;
amending ss. 163.3177 and 163.3202, F.S.; revising provisions which specify
legislative intent that public facilities and services needed to support
development be available concurrent with the impacts of such
development, and that land development regulations so provide, to exempt
interstate highways, toll roads, and state roads included in the Department
of Transportation's adopted work program; providing an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representative Stone-
HB 1509-A bill to be entitled An act relating to ad valorem tax
exemption; amending s. 196.012, F.S.; providing that certain activity
undertaken by a lessee on governmental property designated as an aviation
area shall be deemed to serve a governmental, municipal, or public purpose
or function; amending s. 196.199, F.S.; providing that buildings or other
real property improvements constructed by a lessee on such property are
exempt from ad valorem taxation under certain conditions; providing an
effective date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representatives Clemons and Harris-
HB 1511-A bill to be entitled An act relating to mosquito and pest
control; amending ss. 388.011, 388.161, 388.162, 388.231, 388.261, 388.281,
388.301, 388.323, 388.341, 388.351, 388.361, 388.3711, and 388.381, F.S.;
transferring authority and responsibility for mosquito control from the
Department of Health and Rehabilitative Services to the Department of
Agriculture and Consumer Services; amending ss. 388.111 and 388.131,
F.S.; authorizing the Commissioner of Agriculture to fill certain vacancies
on mosquito control district boards of directors and to hold commissioners'
surety bonds; amending s. 388.151, F.S.; requiring times and places of
board meetings to be on file in the office of the board; amending s.
388.4111, F.S.; deleting obsolete language; amending s. 388.42, F.S.;
transferring the John A. Mulrennan, Sr., Arthropod Research Laboratory
to the Department of Education, to be administered by Florida
Agricultural and Mechanical University; amending s. 388.43, F.S.;
requiring the Florida Medical Entomology Laboratory to report to the
Department of Agriculture and Consumer Services; amending s. 388.45,
F.S.; providing for notice to the Department of Health and Rehabilitative
Services of a threat to public health due to disease transmitted by
arthropods; amending s. 388.46, F.S.; transferring the Florida Coordinating
Council on Mosquito Control to the Department of Agriculture and
Consumer Services; providing for appointment of members by the
Commissioner of Agriculture; amending s. 403.061, F.S.; correcting a cross
reference; amending ss. 482.021, 482.032, 482.051, 482.061, 482.071,
482.081, 482.183, and 482.191, F.S.; transferring authority and
responsibility for regulation of pest control from the Department of Health
and Rehabilitative Services, and the Office of Entomology Services therein,
to the Department of Agriculture and Consumer Services; assigning powers
and duties of the office to the Division of Inspection of the Department of
Agriculture and Consumer Services and providing for appointment of
inspectors; amending s. 482.165, F.S.; correcting a cross reference;
continuing existing rules and pending judicial and administrative
proceedings; providing for effect of subsequent enactments; saving chapter

482, F.S., from Sunset repeal; providing an effective date.
Referred to the Committees on Agriculture and Appropriations.

By Representative Mackey-
HB 1513-A bill to be entitled An act relating to attorney's fees;
creating s. 57.112, F.S.; providing legislative intent; providing for the award
of attorney's fees and costs to a prevailing public official party in any
criminal proceeding or action; providing definitions; providing procedures
to apply for an award under the act; providing for retroactive application;
providing a bar to certain claims; providing a retroactive effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Roberts-
HB 1515-A bill to be entitled An act relating to the district school tax;
amending s. 236.25, F.S.; deleting the maximum period for which proceeds
from the millage levied pursuant to s. 236.25(2), F.S., may be used to lease
relocatable educational facilities; providing an effective date.
Referred to the Committees on Public Schools, Finance & Taxation and
Appropriations.

By Representative Gutman-
HB 1517-A bill to be entitled An act relating to instructional
materials; creating s. 233.345, F.S.; prohibiting district school boards from
purchasing or otherwise acquiring textbooks without a public hearing on
the textbooks; providing for rules; providing applicability; providing an
effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Bloom-
HB 1519-A bill to be entitled An act relating to punitive damages in
civil actions; amending s. 768.73, F.S.; clarifying that the civil action in
which punitive damages are awarded must involve willful, wanton, or gross
misconduct, regardless of whether the action is based on negligence, strict
liability, commercial transaction misconduct, professional liability, or
breach of warranty; modernizing language; requiring the clerk of the court
to transmit a copy of the jury verdict to the State Treasurer and requiring
the state to be made a party prior to the entry of final judgment in the
action; requiring the court to include the percentages of the award in the
final judgment; prohibiting certain settlement agreements unless the state
was a party thereto; requiring that claimants serve a copy of their claim on
the State Treasurer; requiring the Department of Banking and Finance to
collect and deposit payments due the state; providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Burke-
HB 1521-A bill to be entitled An act relating to telephone companies;
amending s. 364.02, F.S.; defining the term "effectively competitive
service"; amending s. 364.338, F.S.; directing the Florida Public Service
Commission to require that competitive services provided by local
exchange telecommunications companies include certain requirements;
amending s. 364.3381, F.S.; revising language with respect to cross-
subsidization to provide an allocation process; providing an effective date.
Referred to the Committees on Regulated Services & Technology and
Appropriations.

By Representative Figg-
HB 1523-A bill to be entitled An act relating to the Department of
Natural Resources; amending s. 327.46, F.S.; revising language with respect
to restricted areas; authorizing the department to establish, by rule, for
restricted areas based upon public health or welfare; providing additional
criteria for the establishment of restricted boating areas; providing an
effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Frankel-
HB 1525-A bill to be entitled An act relating to dissolution of

marriage; establishing prerequisites for spouses that have a minor child;
providing an effective date.

83

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committees on Judiciary and Appropriations.

By Representative Rudd-
HB 1527-A bill to be entitled An act relating to public construction
projects; creating s. 255.31, F.S.; authorizing the Division of Building
Construction, upon request, to manage construction projects for state and
local government; providing for the application of the act; providing an
effective date.
Referred to the Committees on Governmental Operations and
Appropriations.

By Representatives Morse and Diaz-Balart-
HB 1529-A bill to be entitled An act relating to taxation of fuel;
creating a Water Environmental Grant Trust Fund; providing for award
of grants through the fund by the Department of Natural Resources for
projects relating to marine research and improvement; amending ss.
212.61, 212.69, and 336.026, F.S.; providing for deposit in the fund of a
portion of the tax on the sale of fuels and the State Comprehensive
Enhanced Transportation System Tax equal to the amount of taxes
collected from sales at marinas; reenacting s. 207.026, F.S., relating to
allocation of the tax on the operation of commercial motor vehicles, to
include such distribution; providing an effective date.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Burke-
HB 1531-A bill to be entitled An act relating to pari-mutuel wagering
permitholders; amending s. 550.0121, F.S.; providing for additional evening
performances for certain greyhound permitholders; amending s. 550.04,
F.S.; providing that any permitted facility may be utilized for the conduct
of concerts, trade shows, expositions, conventions, flea markets, charitable
events, and similar activities in addition to the conduct of pari-mutuel
wagering; providing an effective date.
Referred to the Committees on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Peeples-
HB 1533-A bill to be entitled An act relating to pollution control;
amending s. 403.141, F.S.; imposing a civil penalty for certain violations;
providing an effective date.
Referred to the Committees on Judiciary and Appropriations.

By Representative Goode--
HB 1535-A bill to be entitled An act relating to special districts;
amending s. 189.403, F.S.; defining the term "public facilities" for the
purposes of the Uniform Special District Accountability Act of 1989;
providing an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representative Jennings--
HB 1537-A bill to be entitled An act relating to custody and visitation
rights to unmarried minor children; creating s. 752.012, F.S.; providing for
custody of unmarried minor children by grandparents; providing for
visitation rights for grandparents; providing for burden of proof in custody
and visitation proceedings; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Tobiassen--
HB 1539-A bill to be entitled An act relating to the Florida
Residential Landlord and Tenant Act; amending s. 83.59, F.S.; providing
that the attorney or agent of a landlord may apply for the removal of a

tenant; providing an effective date.
Referred to the Committee on Judiciary.

By Representative Silver-
HB 1541-A bill to be entitled An act relating to energy efficiency
contracts; creating s. 287.134, F.S.; authorizing public school districts to
enter into guaranteed energy savings contracts and providing requirements
therefore; providing for contract provisions, school district action,
installation contracts, and contract continuance; providing an effective
date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Bainter--
HB 1543-A bill to be entitled An act relating to recycling of beverage
and food containers; providing a short title; providing legislative intent;
providing definitions; establishing the Bureau of Recycling within the
Division of Waste Management of the Department of Environmental
Regulation; establishing the Container Recycling Trust Fund; providing
for the use of moneys in the trust fund; providing for publicity campaigns
regarding recycling; establishing the Container Deposit Program Task
Force to advise the Governor and the Legislature; establishing beverage
and food container refund values; providing labeling requirements;
providing administrative requirements for wholesale distributors and
processors; establishing procedures for container deposits and refunds;
providing for the establishment of redemption and drop-off centers;
providing for the certification of processors and redemption centers;
providing reporting requirements; repealing s. 403.7198, F.S., relating to
regulations governing the deposit and recycling of containers; providing an
effective date.
Referred to the Committees on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Ostrau--
HB 1545-A bill to be entitled An act relating to the State Minimum
Building Codes; amending s. 553.73, F.S.; providing that a model building
code may be updated or revised by certain local governments, subject to
certain limitations; providing authority and a procedure for certain local
governments to update or revise a model code with certain limitations;
revising cross-references; deleting obsolete provisions; improving
grammar; amending s. 553.79, F.S., relating to permits, standards, and
inspections; revising cross-references to conform to renumbering; deleting
an obsolete provision; improving grammar; providing an effective date.
Referred to the Committees on Community Affairs and Appropriations.

By Representative Gordon--
HB 1547-A bill to be entitled An act relating to local government
finance; amending s. 170.01, F.S., which provides an alternative method for
municipalities to make improvements and levy special assessments against
property benefited; including the construction of pedestrian canopies over
public sidewalks in the projects which may be funded by said method;
providing an effective date.
Referred to the Committees on Community Affairs, Finance & Taxation
and Appropriations.

By Representative Bainter--
HB 1549-A bill to be entitled An act relating to the Florida
Retirement System; creating s. 121.0216, F.S.; directing the Division of
Retirement of the Department of Administration to make rules prohibiting
dual retirement benefits; amending s. 121.052, F.S.; providing
requirements with respect to legislators who become dually employed;
providing for benefit calculations, and reenacting s. 121.051(1)(a), F.S.,
relating to participation in the system, to incorporate said amendment in
a reference thereto; providing an effective date.

Referred to the Committees on Employee & Management Relations and
Appropriations.

84

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Bronson-
HB 1551-A bill to be entitled An act relating to the local option tourist
development tax; amending s. 125.0104, F.S.; authorizing the use of a
portion of tax revenues by certain high tourism impact counties to fund
emergency services; providing an effective date.
Referred to the Committees on Tourism, Hospitality & Economic
Development, Finance & Taxation and Appropriations.

By Representatives Logan, Lawson, Brown, Clark, Jamerson, Burke,
Holzendorf and Hargrett-
HR 1553-A resolution in memory and honor of Martin Luther King,
Jr., on his birthday.
Referred to the Committee on Rules & Calendar.

By Representative Chestnut-
HB 1555-A bill to be entitled An act relating to environmental
permits; amending s. 373.413, F.S.; requiring permit applications for
construction or alteration of certain stormwater systems to contain a
certification of compliance with the local government comprehensive plan;
requiring water management districts or the Department of
Environmental Regulation to stop processing an application not containing
a certification; requiring notice to an applicant; amending s. 403.087, F.S.;
requiring certification of compliance with local government comprehensive
plans for certain environmental control permits; requiring the Department
of Environmental Regulation to stop processing an application not
containing a certification; requiring notice to an applicant; providing an
effective date.
Referred to the Committees on Natural Resources and Appropriations.

By Representative Clark-
HB 1557-A bill to be entitled An act relating to a pretrial intervention
program; amending s. 948.08, F.S.; expanding the program for limited
purposes under certain circumstances; providing procedure; providing an
effective date.
Referred to the Committees on Criminal Justice and Appropriations.

By Representative Clemons-
HB 1559-A bill to be entitled An act relating to the Special Disability
Trust Fund; amending s. 440.49, F.S.; provides for 100 percent
reimbursement from the Special Disabilities Trust Fund for certain
disabilities, wage loss, death, or medical treatment; providing an effective
date.
Referred to the Committees on Commerce and Appropriations.

By Representative Chestnut-
HB 1561-A bill to be entitled An act relating to education; providing
for the waiver of laws and rules in implementation of chapter 90-49, Laws
of Florida, relating to developmental research schools; requiring reports by
developmental research schools relating to such waivers; providing duty of
the Joint Developmental Research School Planning, Articulation, and
Evaluation Committee; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

By Representative Graber--
HB 1563-A bill to be entitled An act relating to law enforcement
personnel; amending s. 394.875, F.S.; providing for the licensure of certain
residential treatment facilities exclusively for the treatment of law
enforcement personnel and their families who are suffering from nonacute
stress-related mental health problems, including drug and alcohol abuse;
specifying criteria for licensure; providing an effective date.

By Representative Graber-
HB 1565-A bill to be entitled An act relating to landlord and tenant;
creating s. 83.002, F.S.; providing for a definition of "rent"; amending s.
83.20, F.S.; providing for a cause of action for removal of tenants where the
lease is silent on the matter or is an oral lease at will; creating s. 83.201, F.S.;
providing for an election of remedies for the landlord's breach of an express
promise to repair or maintain rental premises; creating s. 83.202, F.S.;
providing for a waiver of the landlord's right to proceed with an eviction
claim; amending s. 83.231; requiring service of a 20-day summons before
a judgment for money damages may be entered; creating s. 83.232, F.S.;
providing for payment of rent into court under certain circumstances;
providing a penalty for failure to pay; providing an effective date.
Filed

By Representative Arnall-
HB 1567-A bill to be entitled An act relating to county records;
amending s. 28.07, F.S.; providing that the official records books of the
county shall be kept at the county seat; amending s. 125.222, F.S., relating
to auxiliary county offices and proceedings, to conform; amending s. 28.30,
F.S.; providing for the destruction of vouchers and warrants in accordance
with the records and information management program of the Division of
Library and Information Services of the Department of State; providing
that reproductions from imaging systems are admissible into evidence;
providing an effective date.
Filed

By Representative Liberti-
HB 1569-A bill to be entitled An act relating to Indian Trail Water
Control District, Palm Beach County, created by chapter 57-646, Laws of
Florida; granting additional powers to the district to construct, maintain,
and operate recreational areas, facilities, and programs; to construct and
maintain a system of street lighting; to construct and maintain facilities for
and take measures to control mosquitoes and other arthropods; to acquire,
construct, and maintain conservation areas and sanctuaries for the storage
of water for water control and irrigation purposes and for preservation of
wildlife; to purchase, acquire by gift, or otherwise obtain land for the
purpose of constructing capital improvements; to finance costs through
user fees; to appoint advisory boards; to require permits for connection to
and use of district property; providing an effective date.
Proof of publication of the required notice was attached.
Filed

By Representative Hill-
HB 1571-A bill to be entitled An act relating to Northern Palm Beach
County Water Control District, Palm Beach County; amending chapter 59-
994, Laws of Florida; expanding the boundaries of said district; providing
an effective date.
Proof of publication of the required notice was attached.
Filed

By Representative Harris-
HB 1573-A bill to be entitled An act relating to road designations;
designating a road beginning at State Road 758 in Sarasota County and
extending to U.S. Highway 1 in Palm Beach County as the "Coast to Coast
Highway"; directing the Department of Transportation to erect suitable
markers; providing an effective date.
Filed

By Representative Burke-
HB 1575-A bill to be entitled An act relating to highway designations;
naming a portion of Northwest Seventh Avenue in Miami in memory of

Essie Silva; directing the Department of Transportation to erect markers;
providing an effective date.

Referred to the Committees on Health & Rehabilitative Services and
Appropriations.

January 14, 1992

85

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Filed

By Representative Chinoy--
HB 1577-A bill to be entitled An act relating to children; amending
s. 39.01, F.S.; defining the term "protective supervision case plan";
amending s. 39.402, F.S.; requiring an order for placement of a child in a
shelter to contain written findings by the court that certain prerequisites
have been met; amending s. 39.41, F.S.; providing an additional disposition
option to the court in dependency proceedings; requiring disposition orders
to contain written findings by the court in support of a determination as
to whether reasonable efforts to prevent the removal of a child from the
home or reunify the family have been made; amending s. 39.453, F.S.;
providing deadlines for certain judicial reviews; providing an effective date.
Filed

By Representative Mishkin-
HB 1579-A bill to be entitled An act relating to Medicaid; prohibiting
nursing homes and adult congregate living facilities from using Medicaid
payments for certain expenses; providing an effective date.
Filed

By Representative Glickman-
HB 1581-A bill to be entitled An act relating to taxation of fuel;
amending s. 336.025, F.S.; increasing the amount of the local option gas tax
for county transportation systems which counties are authorized to levy;
providing an effective date.
Filed

By Representative Gutman-
HB 1583-A bill to be entitled An act relating to credit reporting;
providing that credit bureaus or other credit-reporting agencies which
report credit information which is incorrect, after written notice that the
information is incorrect, are guilty of malice under the law; providing an
effective date.
Filed

By Representative Mitchell-
HB 1585-A bill to be entitled An act relating to rural development;
creating the Florida Rural Development Act of 1992; providing legislative
intent; providing definitions; providing for a Florida rural development
administrative grant program within the Department of Community
Affairs; providing for matching grants for administrative costs to entities
established by interlocal agreement to provide strategic development plans
for rural counties; providing for a Florida rural development strategic
planning grant program within the department; providing for grants to
such entities to fund acquisition of professional services to prepare such
plans; providing for priority for certain projects; specifying participation
requirements; establishing the Florida Rural Development Trust Fund;
providing powers of the department; providing an effective date.
Filed

By Representative Martinez--
HB 1587-A bill to be entitled An act relating to county or municipal
code enforcement; amending s. 162.09, F.S.; providing that the total fine
which may be assessed may not exceed the value of the land or property
on which the violation exists; deleting reference to personal property and
property other than the land on which the violation exists; providing a
limitation on the accruing of the fine; providing an effective date.
Filed

By Representative Webster-
HB 1589-A bill to be entitled An act relating to drivers' licenses;

creating s. 322.2616, F.S.; authorizing law enforcement officers to suspend
the driver's license of a person under the age of 21 who drives a motor

vehicle with any measurable blood or breath alcohol level or refuses to
submit to a blood or breath alcohol test; providing for consent to be tested;
providing procedures; providing for review; providing for appeal to the
circuit court; providing an effective date.
Filed

By Representative Chestnut-
HB 1591-A bill to be entitled An act relating to water management
districts; amending s. 373.453, F.S.; directing the Suwannee River Water
Management District to give priority to certain needs of the Suwannee
River; amending s. 373.459, F.S.; increasing the percentage of moneys
permitted to be released from the Surface Water Improvement and
Management Trust Fund for certain uses; creating s. 380.046, F.S.;
authorizing the acceptance of a surface water improvement and
management plan for certain purposes; providing an effective date.
Filed

By Representatives Lawson and Rudd-
HB 1593-A bill to be entitled An act relating to building designations;
designating the Florida State University Developmental Research School
Gymnasium as the "Robert W. Albertson Gymnasium."
Filed

By Representative Reddick-
HB 1595-A bill to be entitled An act relating to confidentiality of
records; amending s. 288.075, F.S.; including the term "port authority"
within the definition of "economic development agency" for the purpose of
obtaining the confidentiality-of-records exemption under the public
records law which applies to economic development agencies; expanding
that exemption to include records pertaining to cargo and trade activities;
providing an effective date.
Filed

By Representative Healey--
HB 1597-A bill to be entitled An act for the relief of Michael Whaley
and David Whaley; providing an appropriation to compensate them for the
damages sustained as a result of the negligence of the Department of
Health and Rehabilitative Services; providing an effective date.
Filed

By Representative Geller--
HB 1599-A bill to be entitled An act relating to Broward County;
providing for the relief of Nicholas Maracic, to compensate him for the
injuries sustained when the motorcycle he was driving was hit by a Broward
County bus; providing an appropriation to compensate him for his injuries;
providing an effective date.
Filed

By Representative Young-
HB 1601-A bill to be entitled An act relating to education; amending
s. 230.2305, F.S., relating to the prekindergarten early intervention
program; deleting certain education requirements for principals and school
district administrative personnel; providing an effective date.
Filed

HB 1603-Withdrawn

By Representative Long-
HB 1605-A bill to be entitled An act relating to educational facilities;
amending ss. 235.014 and 235.26, F.S.; including site development and
improvement in the State Uniform Building Code for Public Educational
Facilities Construction and requiring conformance; amending s. 235.34,

F.S.; providing requirements relating to payment for certain offsite
improvements; providing for resolution of disputes; providing certain

86

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

restrictions on governmental bodies; amending s. 235.193, F.S.; conforming
provisions relating to coordination between local governing bodies and
district school boards; providing an effective date.
Referred to the Committees on Public Schools and Appropriations.

First Reading of Committee Substitutes by Publication

By the Committee on Corrections; Representatives Sansom, Mims,
Mackey, Arnall, Irvine, Lewis, Lombard, Bainter, Bronson, Hawkins,
Huenink, Jennings, Reddick, Sembler, Starks, Corr, Grindle, Hoffmann,
Feeney, Stone, K. Smith, Hill, Long, Mitchell, Hanson, Kelly and
Glickman-
CS/HB 5-A bill to be entitled An act relating to the state correctional
system; amending s. 794.011, F.S.; prohibiting the grant of basic gain-time
for persons convicted of sexual battery against certain persons; providing
an effective date.

By the Committee on Judiciary; Representatives Cosgrove, Healey and
Rush-
CS/HJR 23-A joint resolution proposing amendments to Sections 10
and 11 of Article V of the State Constitution relating to the selection of
judges.

By the Committee on Regulatory Reform; Representatives Cosgrove and
Rush-
CS/HB 43-A bill to be entitled An act relating to commercial
collection agencies; creating ss. 559.541-559.549, F.S., and designating said
sections as part IV of chapter 559, F.S.; creating the Commercial Collection
Practices Act; providing legislative intent; providing definitions; requiring
commercial collection agencies to be registered by the Department of
Business Regulation; providing exemptions; providing procedures and
qualifications for registration; providing for fees; requiring a surety bond;
providing for evidence of bond; providing for void registration; providing
penalties; providing for rules; providing for future review and repeal;
providing an effective date.

By the Committee on Ethics & Elections; Representatives Logan,
Chestnut and Flagg-
CS/HB 53-A bill to be entitled An act relating to voter registration;
providing for the acceptance of applications for and certain changes in
voter registration by the Department of Highway Safety and Motor
Vehicles in conjunction with the issuance or renewal of drivers' licenses or
identification cards; providing for the designation of department
employees to be utilized as deputy voter registrars for such purposes;
providing for development, distribution, and provision of suitable forms;
providing an exception; providing an effective date.

By the Committee on Ethics & Elections; Representative Laurent-
CS/HB 55-A bill to be entitled An act relating to the district school
system; creating s. 230.101, F.S.; providing procedures for increasing the
number of school board members; providing contents of a proposition
submitted to the electors; providing manner of submitting a proposition;
providing requirements for petitions; providing wording of various
propositions; providing for application and implementation; providing an
effective date.

By the Committee on Regulatory Reform; Representatives Arnall and
Hanson-
CS/HB 63-A bill to be entitled An act relating to transfers of real
property; prohibiting certain misrepresentations regarding environmental
permits; providing a penalty; providing an effective date.

By the Committee on Transportation; Representative Graber--
CS/HB 77-A bill to be entitled An act relating to motor vehicles;

amending s. 320.04, F.S.; providing for a service charge on registration
renewal applications made through an automated touch-tone vehicle

registration service; amending s. 320.07, F.S.; increasing delinquent fees for
motor vehicle registrations; creating s. 320.0701, F.S.; providing for failure
to register a vehicle; providing delinquent fees; providing for the
immobilization of unregistered vehicles; providing for notice of violation;
providing penalties; providing an appropriation; repealing s. 207.029, F.S.;
relating to proof of liability insurance; amending s. 320.27, F.S.; redefining
the term "motor vehicle dealer" to exclude governmental leasing
corporations; defining the term "governmental leasing corporation";
providing an effective date.

By the Committee on Health Care; Representatives Bloom, Hafner,
Mortham, Chinoy, Foley and Chestnut-
CS/HB 189-A bill to be entitled An act relating to postsecondary
education; amending s. 240.4075, F.S.; providing that funds in the Nursing
Student Loan Forgiveness Trust Fund shall be available for use in the
nursing scholarship loan program; deleting provisions limiting the use of
funds; creating s. 240.4076, F.S.; establishing the nursing scholarship loan
program within the Department of Health and Rehabilitative Services;
providing for eligibility, amount of awards, repayment of loans, default
allowances, and default penalties; providing for rules; providing for
funding; providing an appropriation; providing an effective date.

By the Committee on Judiciary; Representative Logan-
CS/HB 237-A bill to be entitled An act relating to support for children
and families; amending s. 61.046, F.S.; redefining the term "income";
amending s. 61.11, F.S.; providing for writs in support cases; amending s.
61.1301, F.S.; providing an additional requirement with respect to income
deduction orders; revising language with respect to enforcement; amending
s. 61.1354, F.S.; requiring the depository to report delinquencies in excess
of $500 to credit reporting agencies; amending s. 61.14, F.S.; specifying
certain conditions which may constitute "changed circumstances" for
purposes of modification; providing for a presumption in enforcement
actions; requiring additional information on delinquency notices;
amending s. 61.16, F.S.; specifying how attorney's fees and other costs may
be assessed; providing for action by the court; amending s. 61.17, F.S.;
clarifying jurisdiction of court in Title IV-D cases; amending s. 61.181, F.S.;
revising language with respect to the central depository for receiving,
recording, reporting, monitoring, and disbursing alimony, support,
maintenance, and child support payments; providing additional
requirements for depositing with respect to Title IV-D agencies; providing
an increase in fees; authorizing the depository to require certain
information; providing duties of the depository; amending s. 61.183, F.S.;
requiring certain costs to be assessed with respect to mediation; amending
s. 61.30, F.S.; providing that the child support guidelines may provide a
basis for modifying support orders; amending s. 68.02, F.S.; including
support as a reason for issuance of a writ; amending s. 88.031, F.S.;
providing a definition of "support"; creating s. 88.0515, F.S.; providing
additional methods for enforcing orders and judgments and providing for
recovery of costs; amending s. 88.331, F.S.; limiting judicial jurisdiction
under certain conditions; amending s. 90.502, F.S.; providing for privileged
communications; amending s. 409.2554, F.S.; expanding the definition of
"program attorney," "prosecuting attorney," "support," and "administrative
costs," and defining "child support services"; amending s. 409.2557, F.S.;
clarifying the Department of Health and Rehabilitative Services' authority
with regard to child support orders; amending s. 409.2564, F.S.; specifying
the attorney-client relationship in Title IV-D cases; clarifying that
attorney's fees and costs shall not be assessed against the Department of
Health and Rehabilitative Services in support cases; clarifying the Title
IV-D agency's role in modifications; amending s. 409.2567, F.S.; providing
for certain fees; amending s. 409.2569, F.S.; providing for the continuation
of support services for recipients of public assistance; amending s.
409.2571, F.S.; providing for services to the Title IV-D agency; amending
s. 409.2577, F.S.; providing statutory clarification regarding access to
confidential information; amending s. 409.2584, F.S.; revising language
with respect to the interest earned on certain judgments; creating s.

409.2598, F.S.; providing for suspension of licenses or certifications for
delinquent support; amending s. 455.203, F.S.; providing for suspension of

January 14, 1992

87

88

licenses for delinquent support; amending s. 559.79, F.S.; requiring
additional data for license application; providing for suspension of licenses
for delinquent support; requesting the Florida Supreme Court to adopt
certain rules; amending s. 742.08, F.S.; providing authority for assessment
of certain costs and fees with respect to default of support payments;
amending s. 742.10, F.S.; revising language with respect to establishment
of paternity for certain children; providing an effective date.

By the Committee on Regulatory Reform; Representative Morse-
CS/HB 287-A bill to be entitled An act relating to medical practice;
amending s. 458.311, F.S.; extending the time period for certain applicants
for licensure who were or are citizens of the country of Nicaragua; deleting
certain restrictions on such licenses; providing an effective date.

By the Committee on Veterans & Military Affairs & Emergency
Preparedness; Representatives K. Smith and Bronson-
CS/HB 301-A bill to be entitled An act relating to the national guard;
amending s. 110.205, F.S.; providing that certain appeal rights of described
military personnel shall be exempt from career service provisions;
amending s. 250.10, F.S.; deleting a requirement for eligibility for certain
tuition exemptions for members of the active Florida National Guard;
amending s. 250.22, F.S., relating to period of retirement; amending s.
250.35, F.S.; revising language with respect to courts-martial; updating
references; including reference to the Florida National Guard; revising
language with respect to the convening of courts-martial; amending s.
250.36, F.S.; providing for the powers of the Adjutant General of the
Florida National Guard with respect to mandates and process; amending
s. 250.39, F.S.; revising language with respect to penalty for contempt;
directing the Statutory Revision Division to change the title of chapter 251,
F.S., to the Florida State Defense Force; amending ss. 251.01, 251.02,
251.03, 251.04, 251.05, 251.06, 251.08, 251.09, 251.10, 251.11, 251.12, 251.13,
251.14, 251.15, 251.16, and 251.17, F.S., to conform to the act; providing an
effective date.

By the Committee on Corrections; Representative Sindler-
CS/HB 355-A bill to be 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. 948.001, F.S.; providing a definition; amending s. 948.03, F.S.;
providing for placement on probation with set conditions; authorizing
residential supervision in a residential drug punishment 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; providing an effective date.

By the Committee on Tourism, Hospitality & Economic Development;
Representatives Reddick, Kelly, Brennan, Viscusi, Bloom, Clark,
Sanderson, Cosgrove, Hawkes, Stone, Foley, Sindler, Reaves, Holzendorf,
Goode, Feeney, Hoffmann, Holland, Gordon, Rudd, Graber, Rayson,
Geller, Young, Lippman and Pruitt--
CS/HB 511-A bill to be entitled An act relating to ad valorem tax
exemption; amending s. 196.012, F.S.; providing a definition; creating s.
196.1997, F.S.; authorizing counties and municipalities to grant historic
preservation ad valorem tax exemptions; requiring a referendum; requiring
the adoption of an ordinance; providing procedures for claiming the
exemption; providing for a covenant between the property owner and
governing body regarding use of the property and specifying the property
owner's liability if the covenant is violated; authorizing the Department of
State to adopt rules; providing a contingent effective date.

By the Committee on Health Care; Representatives Bloom, Daryl Jones,
Gordon, Simone and Lippman-

CS/HB 553-A bill to be entitled An act relating to midwifery;
amending s. 467.002, F.S.; modifying legislative intent; amending s.

January 14, 1992

467.003, F.S.; revising definitions of terms to conform to the act;
transferring regulatory authority from the Department of Health and
Rehabilitative Services to the Department of Professional Regulation;
revising the minimum age requirement; amending s. 467.004, F.S.;
redesignating the Advisory Council of Lay Midwifery as the Council of
Licensed Midwifery; revising council membership; deleting obsolete
language; providing duties of the council; providing for reimbursement of
per diem and travel expenses of members of the council; amending s.
467.006, F.S.; repealing provisions that restricted eligibility for a license to
practice midwifery to nurses; repealing obsolete provisions; providing for
continued practice of specified persons; providing restrictions; amending
s. 467.009, F.S.; providing for midwifery educational programs; providing
criteria for acceptance into an approved midwifery program; requiring
publicly funded hospitals and birthing centers to allow observation by
student midwives of certain obstetrical procedures; requiring the
Department of Education to adopt curricular frameworks; requiring
accreditation and licensure of nonpublic educational institutions
conducting midwifery programs; amending s. 467.011, F.S.; revising
specifications for licensure examinations; providing for testing in core
competencies; requiring the department to issue a license to an applicant
who has graduated from an approved midwifery program and passed the
examination, upon payment of the licensure fee; creating s. 467.0125, F.S.;
providing for licensure by endorsement; providing for issuance of a
temporary certificate to practice midwifery under certain circumstances;
providing requirements and restrictions; providing a fee; providing for
revocation of the certificate; amending s. 467.013, F.S.; revising
requirements for reactivation of an inactive license; providing for
automatic expiration; requiring prior notice; providing for rules; creating
s. 467.0135, F.S.; providing fees for examination, licensure, license renewal,
licensure by endorsement, and inactive license status; amending s. 467.015,
F.S.; revising the responsibilities of midwives; requiring the department to
develop guidelines to identify high-risk pregnancies; allowing midwives to
administer certain medicinal drugs pursuant to a prescription; amending
s. 467.017, F.S.; providing immunity from liability for certain emergency
care provided by a physician or hospital; amending s. 467.201, F.S.;
increasing criminal penalties for specified violations of chapter 467, F.S.;
amending s. 467.205, F.S.; providing for department approval of midwifery
programs; amending s. 467.209, F.S.; providing that the reenactment of
chapter 467 does not affect pending judicial or administrative proceedings;
providing a saving clause for current licensees; providing for effect on
existing rules; transferring powers, duties, records, personnel, and property
relating to the administration of midwifery provisions from the
Department of Health and Rehabilitative Services to the Department of
Professional Regulation; amending s. 409.908, F.S.; providing for Medicaid
reimbursement to licensed midwives; providing a restriction; amending s.
627.351, F.S.; including licensed midwives within the definition of the term
"health care provider" for the purpose of medical malpractice risk
apportionment; saving provisions of chapter 467, F.S., from repeal
scheduled pursuant to the Regulatory Sunset Act and the Sundown Act;
providing for future repeal and legislative review of chapter 467, F.S.;
repealing s. 467.202, F.S., relating to injunctions; providing an effective
date.

By the Committee on Agriculture; Representatives Harris, Kelly,
K. Smith, Mackey, Trammell, Sembler, Bronson, Laurent, Lewis and
Daryl Jones-
CS/HB 717-A bill to be entitled An act relating to the Department of
Citrus; amending s. 601.10, F.S.; revising language with respect to the
powers of the department to provide that any information which consists
of a trade secret shall be held confidential; amending s. 601.154, F.S.;
providing additional advisory council members; amending s. 601.731, F.S.;
providing exemptions from height requirements for sign lettering on
vehicles transporting citrus; providing an effective date.

By the Committee on Agriculture; Representatives Trammell, Bo

Johnson, Boyd, Kelly, Mackey, Sembler, Bronson, Lewis and Daryl
Jones-

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

CS/HB 719-A bill to be entitled An act relating to the Florida Boll
Weevil Eradication Law; amending s. 593.114, F.S.; establishing a
maximum assessment rate per acre per year; providing for past
assessments; providing an effective date.

Additional Reference of Bills Under Rule 8.4
CS/HB 301 was further referred to the Committee on Employee &
Management Relations and remains referred to the Committee on
Appropriations.

Reports of Standing Committees
Received October 11:
The Committee on Health Care recommends the following pass:
HB 19
The above bill was placed on the Calendar.
Received October 15:
The Committee on Regulatory Reform recommends a committee
substitute for the following:
HB 43
The above committee substitute was referred to the
Committee on Finance & Taxation and, under the rule, HB 43
was laid on the table.
Received November 4:
The Committee on Ethics & Elections recommends committee
substitutes for the following:
HB 53
HB 55
The above bills were referred to the Committee on
Appropriations and, under the rule, HBs 53 and 55 were laid on
the table.
Received November 6:
The Committee on Corrections recommends the following pass:
HB 93
The above bill was referred to the Committee on
Appropriations.
Received November 12:
The Committee on Transportation recommends a committee substitute
for the following:
HB 77
The above bill was referred to the Committee on Finance &
Taxation and, under the rule, HB 77 was laid on the table.
Received November 14:
The Committee on Corrections recommends a committee substitute for
the following:
HB 5
The above bill was referred to the Committee on
Appropriations and, under the rule, HB 5 was laid on the table.
Received November 21:
The Committee on Corrections recommends a committee substitute for
the following:
HB 355
The above bill was referred to the Committee on Criminal
Justice and, under the rule, HB 355 was laid on the table.
Received December 4:
The Committee on Regulatory Reform recommends a committee

substitute for the following:
HB 63

89

The above bill was placed on the Calendar and, under the rule,
HB 63 was laid on the table.
Received December 16:
The Committee on Ethics & Elections recommends the following pass:
HJR 257
The above bill was placed on the Calendar.
The Committee on Health Care recommends a committee substitute for
the following:
HB 189
The above committee substitute was referred to the
Committee on Appropriations and, under the rule, HB 189 was
laid on the table.
The Committee on Tourism, Hospitality & Economic Development
recommends the following pass:
HJR 509
The above bill was referred to the Committee on Finance &
Taxation.
The Committee on Tourism, Hospitality & Economic Development
recommends a committee substitute for the following:
HB 511
The above committee substitute was referred to the
Committee on Finance & Taxation and, under the rule, HB 511
was laid on the table.
Received December 17:
The Committee on Health Care recommends a committee substitute for
the following:
HB 553
The above committee substitute was referred to the
Committee on Finance & Taxation and, under the rule, HB 553
was laid on the table.
The Committee on Veterans & Military Affairs & Emergency
Preparedness recommends the following not pass:
HB 65
The above bill was laid on the table under the rule.
Received December 18:
The Committee on Judiciary recommends a committee substitute for the
following:
HJR 23
The above committee substitute was placed on the Calendar
and, under the rule, HJR 23 was laid on the table.
Received December 20:
The Committee on Regulatory Reform recommends the following pass:
HB 161
The above bill was placed on the Calendar.
The Committee on Regulatory Reform recommends a committee
substitute for the following:
HB 287
The above committee substitute was placed on the Calendar
and, under the rule, HB 287 was laid on the table.
The Committee on Agriculture recommends a committee substitute for
the following:
HB 717
The above committee substitute was referred to the
Committee on Appropriations and, under the rule, HB 717 was
laid on the table.
The Committee on Agriculture recommends a committee substitute for

the following:
HB 719

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The above committee substitute was referred to the The Committee on Veterans & Military Affairs & Emergency
Committee on Finance & Taxation and, under the rule, HB 719 Preparedness recommends a committee substitute for the following:
was laid on the table. HB 301
Received December 26: The above committee substitute was referred to the
The Committee on Judiciary recommends a committee substitute for the Committee on Employee & Management Relations and, under
following: the rule, HB 301 was laid on the table.
HB 237
HB 237 Recessed
The above committee substitute was referred to the
Committee on Finance & Taxation and, under the rule, HB 237 Pursuant to the motion previously agreed to, the House recessed at
was laid on the table. 12:06 p.m. to reconvene at 10:30 a.m., Tuesday, January 21.
Received December 31:

Pages and Messengers
for the week of
January 13-17, 1992

PAGES-Page Bass, Tallahassee; Diane Botta, New Port Richey;
Paige Browne, Coral Springs; Ryan Brymer, Tallahassee; Robert Cox
III, Tallahassee; Jacqueline Gertel, Tallahassee; Sarah Gusky,
Tallahassee; Shaleen Hamilton, Miami; Damian Hartman, Miami;
Tommy Hobin, Brooksville; Claire Johnstone, Milton; Stacy Light,
Miami; Padgett McCormick, Windermere; David Morcom,
Jacksonville.
MESSENGERS-Blair Butler, Eastpoint; Kelvin Ferrell,
Tallahassee; Carlton Ferrell, Tallahassee; Spencer Geiger, Hosford;

Brecken Gomer, Tallahassee; Meghan Haller, Bunnell; John
Humphrey III, Tallahassee; Katina Johnson, Tallahassee; Mark
Johnson, Milton; Ruth Julao, Jacksonville; Portia Lary, Greenwood,
MS; Kelisha Lawson, Tallahassee; Aaron Leviten, Lakeland; Rosalind
Lockwood, Tallahassee; Clifton Logan, Plantation; Michelle O'Neal,
Bristol; Jason Rojas, Miami; Joycelyn Rosier, Tallahassee; Batiste
Sanford, Tallahassee; Alfonzo Stephens, Tallahassee; Karrie Waller,
Bristol; Angela Woodham, Bristol.

90

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The Committees

(as of January 14, 1992)

[Democrats in Roman

Agriculture (Group III)
Bert J. Harris, Jr. (Chairman), Daryl L. Jones (Vice Chairman), F. Allen
Boyd, Jr., Irlo "Bud" Bronson, Chris Corr, John Laurent, Marian V. Lewis,
Joseph R. Mackey, Jr., Luis E. Rojas, Charles W. Sembler II, Kelley R.
Smith, Jr., Robert DeWitt Trammell
Subcommittees
General Agriculture: K. Smith (Chairman), Bronson, Laurent, Lewis,
Mackey, Rojas
Marketing & Consumer Services: Boyd (Chairman), Corr, Daryl
Jones, Sembler, Trammell

Appropriations (Group V)
Ron Saunders (Chairman), Buzz Ritchie (Vice Chairman), George
Albright, J. Keith Arnold, Jack Ascherl, Corrine Brown, Bill Clark, Jim
Davis, David Flagg, Michael Friedman, Rodolfo Garcia, Jr., Elaine
Gordon, Ben Graber, Alberto Gutman, Lars A. Hafner, Mary Ellen
Hawkins, Edward J. Healey, Betty S. Holzendorf, Timothy F. Ireland,
James E. King, Jr., Alfred J. Lawson, Jr., Ray Liberti, John Long, Anne
Mackenzie, William Thomas Mims, Sam Mitchell, Luis C. Morse, Luis E.
Rojas, Hurley W. Rudd, Brian P. Rush, Debby P. Sanderson, Ronald A.
Silver, Robert B. Sindler, Frank Stone, Tom Tobiassen, Robert DeWitt
Trammell, Carlos L. Valdes, Walter C. Young
Subcommittees
Health & Rehabilitative Services: Gordon (Chairman), Brown,
Graber, Gutman, Hafner, Mims, Sanderson
Criminal Justice: Clark (Chairman), Ascherl, Ireland, Liberti, Sindler,
Trammell, Valdes, Young
General Government: Mitchell (Chairman), Davis, Flagg, Hawkins,
Holzendorf, Morse, Rudd
Education: Long (Chairman), Arnold, Friedman, Garcia, King, Lawson,
Tobiassen
Transportation & Economic Development: Silver (Chairman),
Albright, Healey, Mackenzie, Rojas, Rush, Stone

Claims (Group VI)
Brian P. Rush (Chairman), Joseph Arnall, Richard S. Graham, Daryl
L. Jones, Vernon Peeples, Dixie Newton Sansom, Charles R. Smith

Commerce (Group I)
Art Simon (Chairman), Robert B. Sindler (Vice Chairman), Jack
Ascherl, Bill Clark, George A. Crady, Jim Davis, Mario Diaz-Balart, Mary
Figg, David Flagg, Art Grindle, Alberto Gutman, Lars A. Hafner, James
T. Hargrett, Jr., Jeffrey C. Huenink, Douglas L. Jamerson, James E. King,
Jr., Michael Edward Langton, Marian V. Lewis, Frederick Lippman,
Bruce McEwan, William Thomas Mims, Luis C. Morse, Norman Ostrau,
Darryl Reaves, Charlie Roberts, R. Z. Safley
Subcommittees
Banking & Corporations: Langton (Chairman), Ascherl, Crady,
Davis, Grindle, Hafner, Huenink, Jamerson, Lewis, Lippman, Morse,
Roberts
General Commerce & Workers' Compensation: Flagg
(Chairman), Clark, Diaz-Balart, Figg, Gutman, Hargrett, King, McEwan,
Mims, Ostrau, Reaves, Safley, Sindler

Republicans in Italic]

Community Affairs (Group I)
C. Fred Jones (Chairman), Betty S. Holzendorf (Vice Chairman), George
Albright, Joseph Arnall, Corrine Brown, Kathy Chinoy, Chris Corr, Steven
A. Geller, Harry C. Goode, Jr., J. J. Holland, Jr., Frances L. "Chance"
Irvine, Ray Liberti, Joseph R. Mackey, Jr., Elvin L. Martinez, Patricia A.
Muscarella, Vernon Peeples, Kenneth P. Pruitt, John C. Rayson, Tracy
Stafford, Peter Rudy Wallace
Subcommittees
Intergovernmental Relations: Liberti (Chairman), Brown, Geller,
Goode, Irvine, Martinez, Muscarella, Pruitt, Rayson
Growth Management: Wallace (Chairman), Albright, Arnall, Chinoy,
Corr, Holland, Holzendorf, Mackey, Peeples, Stafford

Corrections (Group III)
Willie Logan, Jr. (Chairman), Edward J. Healey (Vice Chairman),
Corrine Brown, Scott W. Clemons, Ronald C. Glickman, Carol Hanson,
J. J. Holland, Jr., Frances L. "Chance" Irvine, John Long, Elvin L.
Martinez, Sam Mitchell, Buzz Ritchie, Hurley W. Rudd, Debby P.
Sanderson, Robert B. Sindler, Robert J. Starks, Joe Viscusi
Subcommittees
Prison Construction & Operations: Brown (Chairman), Clemons,
Healey, Martinez, Ritchie, Sanderson, Starks
Classification & Reorganization: Sindler (Chairman), Glickman,
Hanson, Holland, Irvine, Long, Mitchell, Rudd, Viscusi

Criminal Justice (Group IV)
Elvin L. Martinez (Chairman), Tracy Stafford (Vice Chairman), Joseph
Arnall, James C. Burke, Bill Clark, Steven A. Geller, Ronald C. Glickman,
Frances L. "Chance" Irvine, Bruce McEwan, Norman Ostrau, Buzz
Ritchie, Debby P. Sanderson, Charles W. Sembler II, Art Simon, Robert
B. Sindler, Carlos L. Valdes
Subcommittees
Drug & Alcohol/Law Enforcement: Geller (Chairman), Arnall,
Burke, Ostrau, Sembler, Sindler, Simon, Valdes
Prosecution & Punishment: Glickman (Chairman), Clark, Irvine,
McEwan, Ritchie, Sanderson, Stafford

Employee & Management Relations (Group II)
James T. Hargrett, Jr. (Chairman), John C. Rayson, (Vice Chairman),
Michael I. Abrams, Tom Banjanin, Chris Corr, Steven A. Geller, Ronald
C. Glickman, Robert T. Harden, Bert J. Harris, Jr., Timothy F. Ireland,
Frances L. "Chance" Irvine, Douglas L. Jamerson, Alfred J. Lawson, Jr.,
Bruce McEwan, Alzo J. Reddick, Charles W. Sembler II
Subcommittees
Employee Benefits: Geller (Chairman), Corr, Harris, Ireland, Irvine,
Rayson, Reddick, Sembler
Employer/Employee Relations: Glickman (Chairman), Abrams,
Banjanin, Harden, Jamerson, Lawson, McEwan

Ethics & Elections (Group II)
Harry C. Goode, Jr. (Chairman), Kelley R. Smith, Jr. (Vice Chairman),
James C. Burke, Scott W. Clemons, George A. Crady, Miguel A.
De Grandy, Tom Feeney, Lois J. Frankel, J. J. Holland, Jr., Everett A.
Kelly, Anne Mackenzie, Patricia A. Muscarella, Brian P. Rush,
R. Z. Safley, David L. Thomas, Peter Rudy Wallace

91

January 14, 1992

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Subcommittees
Elections: Crady (Chairman), Burke, Clemons, De Grandy, Feeney,
Mackenzie, Muscarella, Wallace
Ethics: Kelly (Chairman), Frankel, Holland, Rush, Safley, K. Smith,
Thomas

Finance & Taxation (Group VI)
Michael I. Abrams (Chairman), Tom Tobiassen (Vice Chairman),
J. Keith Arnold, Jack Ascherl, Stan Bainter, Tom Banjanin, Corrine
Brown, Cynthia Moore Chestnut, Bill Clark, John F. Cosgrove, Lois J.
Frankel, Michael Friedman, Steven A. Geller, Alberto Gutman, Mary
Ellen Hawkins, James C. Hill, Jr., Timothy F. Ireland, Michael Edward
Langton, Ray Liberti, Frederick Lippman, Willie Logan, Jr., Steve Press,
Darryl Reaves, Alzo J. Reddick, Brian P. Rush, R. Z. Safley, Debby P.
Sanderson, Dixie Newton Sansom, Art Simon, Frank Stone, Jack N.
Tobin, Daniel Webster, Stephen R. Wise
Subcommittees
General Government: Brown (Chairman), Arnold, Ascherl, Bainter,
Banjanin, Chestnut, Cosgrove, Friedman, Geller, Hill, Rush, Sansom,
Simon, Stone, Tobiassen, Webster
Sales Tax: Press (Chairman), Clark, Frankel, Gutman, Hawkins,
Ireland, Langton, Liberti, Lippman, Logan, Reaves, Reddick, Safley,
Sanderson, Tobin, Wise

Governmental Operations (Group II)
Mary Figg (Chairman), Philip Mishkin (Vice Chairman), Elaine Bloom,
Mary Brennan, Bill Clark, Michael Friedman, Richard S. Graham, Carol
Hanson, Paul M. Hawkes, James C. Hill, Jr., Bruce Hoffmann, Betty S.
Holzendorf, Harry Jennings, Buddy Johnson, C. Fred Jones, Michael
Edward Langton, Ray Liberti, Vernon Peeples, Steve Press, Charlie
Roberts, Art Simon, Peggy Simone
Subcommittees
Governmental Accountability: Holzendorf (Chairman), Bloom,
Hanson, Jennings, Buddy Johnson, C. F. Jones, Langton, Peeples,
Roberts, Simone
Governmental Effectiveness: Friedman (Chairman), Brennan,
Clark, Graham, Hawkes, Hill, Hoffmann, Liberti, Mishkin, Press, Simon

Health & Rehabilitative Services (Group IV)
Lois J. Frankel (Chairman), Michael Edward Langton (Vice Chairman),
Michael I. Abrams, George Albright, Tom Banjanin, Elaine Bloom, David
Flagg, Mark A. Foley, Elaine Gordon, Ben Graber, Robert T. Harden,
James C. Hill, Jr., Betty S. Holzendorf, William Thomas Mims, Steve
Press, Peggy Simone, Jack N. Tobin, Stephen R. Wise
Subcommittees
Health, Aging & Rehabilitation: Tobin (Chairman), Abrams,
Albright, Bloom, Gordon, Graber, Harden, Simone
Social, Economic & Developmental Services: Mims (Chairman),
Banjanin, Flagg, Foley, Hill, Holzendorf, Langton, Press, Wise

Health Care (Group IV)
Elaine Bloom (Chairman), David Flagg (Vice Chairman), Michael I.
Abrams, George Albright, Mark A. Foley, Lois J. Frankel, Elaine Gordon,
Ben Graber, Art Grindle, James C. Hill, Jr., C. Fred Jones, Dennis L.
Jones, James E. King, Jr., Alfred J. Lawson, Jr., Frederick Lippman,
Philip Mishkin, Steve Press, Brian P. Rush, David L. Thomas, Tom
Tobiassen, Jack N. Tobin
Subcommittees
Health Services: Press (Chairman), Albright, Foley, Frankel, Gordon,
Hill, Mishkin, Rush, Thomas, Tobin

Health Standards: Graber (Chairman), Abrams, Flagg, Grindle,
C. F. Jones, Dennis Jones, King, Lawson, Lippman, Tobiassen

House Administration
Walter C. Young (Chairman), J. J. Holland, Jr., Everett A. Kelly

Insurance (Group I)
Jack Ascherl (Chairman), Steven A. Geller (Vice Chairman), Joseph
Arnall, Stan Bainter, John F. Cosgrove, Peter R. Deutsch, Tom Feeney,
Lars A. Hafner, Jeffrey C. Huenink, Everett A. Kelly, Ray Liberti, Bruce
McEwan, Patricia A. Muscarella, Norman Ostrau, John C. Rayson, Alzo
J. Reddick, Art Simon
Subcommittees
Health & Life Insurance: Cosgrove (Chairman), Arnall, Hafner,
Liberti, McEwan, Muscarella, Reddick
Property & Casualty Insurance: Ostrau (Chairman), Bainter,
Deutsch, Feeney, Geller, Huenink, Kelly, Rayson, Simon

Judiciary (Group II)
Robert DeWitt Trammell (Chairman), James C. Burke (Vice Chairman),
J. Keith Arnold, F. Allen Boyd, Jr., John F. Cosgrove, Miguel A.
De Grandy, Ben Graber, Richard S. Graham, Bruce Hoffmann, Daryl L.
Jones, John Laurent, Sam Mitchell, Steve Press, Buzz Ritchie, Luis E.
Rojas, Brian P. Rush, Debby P. Sanderson, Ronald A. Silver, Charles R.
Smith, Tom Tobiassen, Daniel Webster
Subcommittees
Court Systems, Probate & Consumer Law: Cosgrove (Chairman),
Arnold, Burke, De Grandy, Graber, Graham, Daryl Jones, Laurent,
Mitchell, Rojas, Rush, Trammell (ex officio)
Real Property & Family Law: Ritchie (Chairman), Boyd, Hoffmann,
Press, Sanderson, Silver, C. Smith, Tobiassen, Webster, Trammell (ex
officio)

Natural Resources (Group III)
Hurley W. Rudd (Chairman), Brian P. Rush (Vice Chairman), J. Keith
Arnold, Jack Ascherl, Stan Bainter, Cynthia Moore Chestnut, George A.
Crady, Miguel A. De Grandy, Peter R. Deutsch, Michael Friedman, Harry
C. Goode, Jr., Richard S. Graham, Bert J. Harris, Jr., Bruce Hoffmann,
J. J. Holland, Jr., Buddy Johnson, Everett A. Kelly, James E. King, Jr.,
John Laurent, Alfred J. Lawson, Jr., Sam Mitchell, Patricia A.
Muscarella, R. Z. Safley, Charles R. Smith, David L. Thomas, Tom
Tobiassen, Peter Rudy Wallace
Subcommittees
Environmental Protection: Arnold (Chairman), Ascherl, Chestnut,
Deutsch, Friedman, King, Laurent, Lawson, Muscarella, Rush, Safley,
Thomas
Natural Resources Management: C. Smith (Chairman), Bainter,
Crady, De Grandy, Goode, Graham, Harris, Hoffmann, Holland, Buddy
Johnson, Kelly, Mitchell, Tobiassen, Wallace

Postsecondary Education
J. Keith Arnold (Chairman), William Thomas Mims (Vice Chairman),
Joseph Arnall, Cynthia Moore Chestnut, Mario Diaz-Balart, David Flagg,
Alberto Gutman, Lars A. Hafner, Mary Ellen Hawkins, John Laurent,
John Long, Norman Ostrau, Kenneth P. Pruitt, Buzz Ritchie, Robert B.
Sindler, Tracy Stafford, Robert DeWitt Trammell, Stephen R. Wise,
Walter C. Young
Subcommittees
Administration: Young (Chairman), Chestnut, Gutman, Hawkins,
Pruitt, Sindler, Stafford, Trammell, Wise

Finance & Programs: Hafner (Chairman), Arnall, Diaz-Balart, Flagg,
Laurent, Long, Mims, Ostrau, Ritchie

92

January 14, 1992

	Title Page
	Members of the House of Repres...
	January 1992
	February 1992
	March 1992
	Index