Journal of the Florida House of Representatives

Journal
of the

Florida

House of Representatives

Ninety-fifth
Regular Session
since Statehood in 1845

February 2 through April 4, 1993

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

MEMBERS OF THE HOUSE OF REPRESENTATIVES
[Democrats in Roman (71); Republicans in Italic (49);
as of General Election]

District
1. Parts of Escambia, Okaloosa, Santa Rosa
Bolley L. "Bo" Johnson, Milton
2. Part of Escambia
Lois Benson, Pensacola
3. Part of Escambia
Buzz Ritchie, Pensacola
4. Parts of Escambia, Okaloosa, Santa Rosa
James P. "Jim" Kerrigan, Gulf Breeze
5. Holmes, Washington and parts of Okaloosa,
Walton
Sam Mitchell, Vernon
6. Part of Bay
Scott W. Clemons, Panama City
7. Calhoun, Gulf, Jackson, Liberty and parts of
Bay, Gadsden, Leon, Walton
Robert DeWitt "Rob" Trammell, Marianna
8. Parts of Gadsden, Leon
Alfred J. "Al" Lawson, Jr., Tallahassee
9. Part of Leon
Hurley W. Rudd, Tallahassee
10. Franklin, Jefferson, Levy, Taylor, Wakulla
and parts of Alachua, Dixie, Gilchrist, Leon,
Marion
F. Allen Boyd, Jr., Monticello
11. Columbia, Hamilton, Lafayette, Madison,
Suwannee and parts of Dixie, Gilchrist
Joseph R. "Randy" Mackey, Jr., Lake City
12. Baker, Bradford, Nassau, Union and part of
Duval
George A. Crady, Yulee
13. Parts of Clay, Duval
Stephen R. Wise, Jacksonville
14. Part of Duval
Anthony C. "Tony" Hill, Sr., Jacksonville
15. Part of Duval
Willye F. Clayton Dennis, Jacksonville
16. Part of Duval
James B. "Jim" Fuller, Jacksonville
17. Part of Duval
James E. "Jim" King, Jr., Jacksonville
18. Parts of Duval, St. Johns
Joseph "Joe" Arnall, Jacksonville Beach

District
19. Parts of Clay, Duval, St. Johns
John Thrasher, Orange Park
20. Parts of Clay, Flagler, St. Johns, Volusia
Tracy W. Upchurch, St. Augustine
21. Putnam and parts of Clay, Marion
Kelley R. Smith, Palatka
22. Parts of Alachua, Marion
Robert K. "Bob" Casey, Gainesville
23. Parts of Alachua, Marion
Cynthia Moore Chestnut, Gainesville
24. Part of Marion
George Albright, Ocala
25. Parts of Lake, Marion, Seminole, Volusia
Stan Bainter, Eustis
26. Parts of Flagler, Lake, Volusia
Richard A. "Dick" McMahan, DeLand
27. Part of Volusia
Jimmy Charles, Ormond Beach
28. Part of Volusia
Jack Ascherl, New Smyrna Beach
29. Part of Brevard
Charlie Roberts, Titusville
30. Part of Brevard
Howard E. Futch, Melbourne Beach
31. Part of Brevard
Harry C. Goode, Jr., Melbourne
32. Parts of Brevard, Indian River, Orange
Bill Posey, Rockledge
33. Parts of Orange, Seminole, Volusia
Marvin Couch, Oviedo
34. Parts of Orange, Seminole
Robert J. "Bob" Starks, Winter Park
35. Parts of Orange, Seminole
Tom Feeney, Orlando
36. Part of Orange
Kimberly M. "Kim" Shepard, Orlando
37. Parts of Orange, Seminole
D. Lee Constantine, Altamonte Springs

District
38. Parts of Lake, Orange
Robert B. "Bob" Sindler, Apopka
39. Part of Orange
Alzo J. Reddick, Orlando
40. Part of Orange
William E. "Bill" Sublette, Orlando
41. Parts of Lake, Orange, Osceola
Daniel Webster, Orlando
42. Parts of Lake, Marion, Sumter
Everett A. Kelly, Tavares
43. Citrus and parts of Hernando, Marion
Paul M. Hawkes, Crystal River
44. Parts of Hernando, Lake, Pasco, Polk, Sumter
Jeff "Stabe" Stabins, Spring Hill
45. Parts of Hernando, Pasco
John Long, Land O'Lakes
46. Part of Pasco
Philip Mishkin, Port Richey
47. Parts of Hillsborough, Pinellas
Brian P. Rush, Tampa
48. Parts of Hillsborough, Pinellas
R. Z. Safley, Clearwater
49. Part of Pinellas
Sandra Barringer Mortham, Largo
50. Part of Pinellas
John Morroni, Clearwater
51. Part of Pinellas
Mary Brennan, Pinellas Park
52. Part of Pinellas
Peter Rudy Wallace, St. Petersburg
53. Part of Pinellas
Lars A. Hafner, St. Petersburg
54. Part of Pinellas
Dennis L. Jones, Treasure Island
55. Parts of Manatee, Pinellas
Douglas L. "Tim" Jamerson, St. Petersburg
56. Part of Hillsborough
Jim Davis, Tampa
57. Part of Hillsborough
Ronald C. "Ron" Glickman, Tampa
58. Part of Hillsborough
Elvin L. Martinez, Tampa
59. Part of Hillsborough
Lesley "Les" Miller, Jr., Tampa
60. Part of Hillsborough
Victor D. Crist, Temple Terrace

District
61. Parts of Hillsborough, Pasco
Carl D. Littlefield, Dade City
62. Part of Hillsborough
Buddy Johnson, Plant City
63. Part of Polk
Dean P. Saunders, Lakeland
64. Part of Polk
Joseph G. "Joe" Tedder, Lakeland
65. Part of Polk
Lori Edwards, Auburndale
66. Parts of Hillsborough, Polk
John Laurent, Bartow
67. Parts of Hillsborough, Manatee, Sarasota
Mark R. Ogles, Bradenton
68. Part of Manatee
Julie McClure, Bradenton
69. Part of Sarasota
Shirley Brown, Sarasota
70. Part of Sarasota
David L. "Dave" Thomas, Sarasota
71. Parts of Charlotte, Sarasota
David I "Dave" Bitner, Port Charlotte
72. DeSoto, Hardee and parts of Charlotte, Lee
Vernon Peeples, Punta Gorda
73. Part of Lee
J. Keith Arnold, Fort Myers
74. Parts of Charlotte, Lee, Sarasota
Greg Gay, Cape Coral
75. Parts of Collier, Lee
Timothy F. "Tim" Ireland, Cape Coral/
Fort Myers
76. Part of Collier
Mary Ellen Hawkins, Naples
77. Glades, Hendry and parts of Collier,
Highlands
Bert J. Harris, Jr., Lake Placid
78. Parts of Highlands, Martin, Okeechobee, Palm
Beach, St. Lucie
O. R. "Rick" Minton, Jr., Fort Pierce
79. Parts of Okeechobee, Osceola
Irlo "Bud" Bronson, Kissimmee
80. Parts of Indian River, St. Lucie
Charles W. "Charlie" Sembler II, Sebastian
81. Parts of Martin, St. Lucie
Kenneth P. "Ken" Pruitt, Port St. Lucie

District
82. Parts of Martin, Palm Beach
Tom Warner, Stuart
83. Part of Palm Beach
Sharon J. Merchant, Palm Beach Gardens
84. Part of Palm Beach
Addie L. Greene, Mangonia Park
85. Part of Palm Beach
Mimi K. McAndrews, Royal Palm Beach
86. Part of Palm Beach
Edward J. "Ed" Healey, West Palm Beach
87. Part of Palm Beach
Carol G. Hanson, Boca Raton
88. Part of Palm Beach
Suzanne Jacobs, Delray Beach
89. Part of Palm Beach
Ron Klein, Boca Raton
90. Part of Broward
John C. Rayson, Pompano Beach
91. Parts of Broward, Palm Beach
Debby P. Sanderson, Fort Lauderdale
92. Part of Broward
Tracy Stafford, Wilton Manors
93. Part of Broward
Muriel "Mandy" Dawson, Fort Lauderdale
94. Part of Broward
Josephus Eggelletion, Jr., Lauderdale Lakes
95. Part of Broward
Jack N. Tobin, Margate
96. Part of Broward
Ben Graber, Coral Springs
97. Part of Broward
Debbie Wasserman Schultz, Davie
98. Part of Broward
Steven B. "Steve" Feren, Sunrise
99. Part of Broward
Anne Mackenzie, Fort Lauderdale
100. Part of Broward
Frederick "Fred" Lippman, Hollywood
101. Parts of Broward, Dade
Steven A. Geller, Hallandale

District
102. Parts of Collier, Dade
Luis E. Rojas, Hialeah
103. Part of Dade
Willie Logan, Jr., Opa-locka
104. Part of Dade
Elaine Gordon, North Miami
105. Part of Dade
Michael I. "Mike" Abrams, North Miami Beach
106. Part of Dade
Elaine Bloom, Miami Beach
107. Part of Dade
Bruno A. Barreiro, Jr., Miami
108. Part of Dade
Beryl D. Burke, Miami
109. Part of Dade
James Bush III, Miami
110. Part of Dade
Rodolfo "Rudy" Garcia, Jr., Hialeah
111. Part of Dade
Carlos L. Valdes, Miami Springs
112. Part of Dade
J. Alex Villalobos, Miami
113. Part of Dade
Luis C. Morse, Miami
114. Part of Dade
Miguel A. De Grandy, Miami
115. Part of Dade
Carlos A. Manrique, Westchester
116. Part of Dade
Art Simon, Miami
117. Part of Dade
Eladio Armesto-Garcia, Miami
118. Part of Dade
Larcenia J. Bullard, Miami
119. Part of Dade
John F. Cosgrove, Miami
120. Monroe and part of Dade
Ron Saunders, Key West

OFFICERS OF THE HOUSE OF REPRESENTATIVES

Speaker-Bolley L. "Bo" Johnson
Speaker pro tempore-Elaine Bloom

Clerk-John B. Phelps
Sergeant at Arms-Wayne Westmark

MEMBERS OF THE HOUSE OF REPRESENTATIVES

Y~ I

rak5-r

I,
r
k .,
I

r

&nM

Michael I. Abrams (D)
North Miami Beach
District 105

George Albright (R)
Ocala
District 24

Eladio Armesto-Garcia (R)
Miami
District 117

Joseph Arall (R)
Jacksonville Beach
District 18

J. Keith Arnold (D)
Fort Myers
District 73

Jack Ascherl (D)
New Smyrna Beach
District 28

Stan Bainter (R)
Eustis
District 25

Bruno A. Barreiro, Jr. (R)
Miami
District 107

Lois Benson (R)
Pensacola
District 2

David I. Bitner (R)
Port Charlotte
District 71

Elaine Bloom (D)
Miami Beach
District 106

Larcenia J. Bullard (D)
Miami
District 118

F. Allen Boyd, Jr. (D)
Monticello
District 10

Beryl D. Burke (D)
Miami
District 108

Mary Brennan (D)
Pinellas Park
District 51

James Bush m1 (D)
Miami
District 109

Irlo "Bud" Bronson (D)
Kissimmee
District 79

Robert K. Casey, M.D. (R)
Gainesville
District 22

Shirley Brown (D)
Sarasota
District 69

Jimmy Charles (D)
Ormond Beach
District 27

.13

Cynthia Moore Chestnut (D)
Gainesville
District 23

Scott W. Clemons (D)
Panama City
District 6

D. Lee Constantine (R)
Altamonte Springs
District 37

John F. Cosgrove (D)
Miami
District 119

Marvin Couch (R)
Oviedo
District 33

I 1
I LN

AX t

George A. Crady (D)
Yulee
District 12

Victor D. Crist (R)
Temple Terrace
District 60

-ii

Jim Davis (D)
Tampa
District 56

I- 4

Muriel Dawson (D)
Fort Lauderdale
District 93

Miguel A. De Grandy (R)
Miami
District 114

- I,

Willye F. Clayton Dennis (D)
Jacksonville
District 15

James B. Fuller (R)
Jacksonville
District 16

Lori Edwards (D)
Auburndale
District 65

r
r

Howard E. Futch (R)
Melbourne Beach
District 30

Josephus Eggelletion, Jr. (D)
Lauderdale Lakes
District 94

Rodolfo Garcia, Jr. (R)
Hialeah
District 110

Tom Feeney (R)
Orlando
District 35

Greg Gay (R)
Cape Coral
District 74

Steven B. Feren (D)
Sunrise
District 98

Steven A. Geller (D)
Hallandale
District 101

wt -1p

-s-

3/
-La---

Ronald C. Glickman (D)
Tampa
District 57

Lars A. Hafner (D)
St. Petersburg
District 53

Harry C. Goode, Jr. (D)
Melbourne
District 31

Carol G. Hanson (R)
Boca Raton
District 87

Elaine Gordon (D)
North Miami
District 104

Bert J. Harris, Jr. (D)
Lake Placid
District 77

Ben Graber, M.D. (D)
Coral Springs
District 96

Paul M. Hawkes (R)
Crystal River
District 43

Addie L. Greene (D)
Mangonia Park
District 84

Mary Ellen Hawkins (R)
Napels
District 76

/t,

A
'I --

.I

Edward J. Healey (D)
West Palm Beach
District 86

Bolley L. Johnson (D)
Milton
District 1

Anthony C. Hill, Sr. (D)
Jacksonville
District 14

Buddy Johnson (R)
Plant City
District 62

Timothy F. Ireland (R)
Cape Coral/Fort Myers
District 75

Dennis L. Jones, D.C. (R)
Treasure Island
District 54

Suzanne Jacobs (D)
Delray Beach
District 88

Everett A. Kelly (D)
Tavares
District 42

Douglas L. Jamerson (D)
St. Petersburg
District 55

James P. Kerrigan (R)
Gulf Breeze
District 4

James E. King, Jr. (R)
Jacksonville
District 17

Carl D. Littlefield (R)
Dade City
District 61

Ron Klein (D)
Boca Raton
District 89

1

Willie Logan, Jr. (D)
Opa-locka
District 103

John Laurent (R)
Bartow
District 66

John Long (D)
Land O'Lakes
District 45

Alfred J. Lawson, Jr. (D)
Tallahassee
District 8

Anne Mackenzie (D)
Fort Lauderdale
District 99

Frederick Lippman (D)
Hollywood
District 100

Joseph R. Mackey, Jr. (D)
Lake City
District 11

--

Carlos A. Manrique (R)
Westchester
District 115

Elvin L. Martinez (D)
Tampa
District 58

Mimi K. McAndrews (D)
Royal Palm Beach
District 85

Julie McClure (D)
Bradenton
District 68

Richard A. McMahan (D)
DeLand
District 26

< .

N--'

'-C'

Sharon J. Merchant (R)
Palm Beach Gardens
District 83

Lesley Miller, Jr. (D)
Tampa
District 59

O. R. Minton, Jr. (D)
Fort Pierce
District 78

Philip Mishkin (D)
Port Richey
District 46

A-c..,

i-i

John Morroni (R)
Clearwater
District 50

Luis C. Morse (R)
Miami
District 113

Sandra Barringer Mortham (R)
Largo
District 49

Mark R. Ogles (R)
Bradenton
District 67

Sam Mitchell (D)
Vernon
District 5

'JI

Vernon Peeples (D)
Punta Gorda
District 72

Bill Posey (R)
Rockledge
District 32

Kenneth P. Pruitt (R)
Port St. Lucie
District 81

John C. Rayson (D)
Pompano Beach
District 90

Alzo J. Reddick (D)
Orlando
District 39

Buzz Ritchie (D)
Pensacola
District 3

Charlie Roberts (D)
Titusville
District 29

Luis E. Rojas (R)
Hialeah
District 102

Hurley W. Rudd (D)
Tallahassee
District 9

Brian P. Rush (D)
Tampa
District 47

Debby P. Sanderson (R)
Fort Lauderdale
District 91

a_

Dean P. Saunders (D)
Lakeland
District 63

Ron Saunders (D)
Key West
District 120

Debbie Wasserman Schultz (D)
Davie
District 97

Charles W. Sembler 1 (R)
Sebastian
District 80

R. Z. Safley (R)
Clearwater
District 48

r'se

L

^14
""**Ir
1 ''1

eNrc

Kimberly M. Shepard (D)
Orlando
District 36

Art Simon (D)
Miami
District 116

Robert B. Sindler, D.V.M. (D)
Apopka
District 38

Kelley R. Smith (D)
Palatka
District 21

A I

Tracy Stafford (D)
Wilton Manors
District 92

John Thrasher (R)
Orange Park
District 19

Robert J. Starks (R)
Winter Park
District 34

Jack N. Tobin (D)
Margate
District 95

William E. Sublette (R)
Orlando
District 40

Robert DeWitt Trammell (D)
Marianna
District 7

Joseph G. Tedder (D)
Lakeland
District 64

Tracy W. Upchurch (D)
St. Augustine
District 20

"*. iT ,

?* f-

David L. Thomas, M.D. (R)
Sarasota
District 70

I '

Carlos L. Valdes (R)
Miami Springs
District 111

4' 24"'$
Si

J. Alex Villalobos (R)
Miami
District 112

Peter Rudy Wallace (D)
St. Petersburg
District 52

Tom Warner (R)
Stuart
District 82

Daniel Webster (R)
Orlando
District 41

Stephen R. Wise (R)
Jacksonville
District 13

Jeff Stabins (R)
Spring Hill
District 44

f'

:

i:

--1

r

\;r .eR

SThe JournaloFTHE

House of Representatives

Tuesday, February 2, 1993

Journal of the House of Representatives for the 95th 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, February
2, 1993, being the day fixed by the Constitution for the purpose.

This being the day fixed by the Constitution for the convening of the
Legislature, the Members of the House of Representatives met in the
Chamber at 10:30 a.m. for the beginning of the 95th Regular Session and
were called to order by the Speaker, the Honorable Bolley L. Johnson.

Prayer
The following prayer was offered by the Reverend George Sedberry,
First United Methodist Church of Milton, Florida.
And now with the dawning of each day we experience Thy love great
God, the God of light, the one who shines through all darkness. We pray
that Thou will stir up within each of us the desire to serve Thee, to live
peacefully with our neighbors and to devote each day to Thy love. Direct
us, 0 Lord, in all of our doings with Thy most gracious fervor, and further
us with Thy ongoing help that in all of our works begun, continued and
completed in Thee we may glorify Thy holy name.
0 God, keep our state under Thy protection. Wipe out sin from this land.
Lift it up from the depth of sorrow. Save us from deep grief and misfortune.
0 God of all people, bless us with Your wisdom so that the poor may not
be oppressed and the rich may not be oppressors. Make this a state having
no ruler except Thee; a state having no authority but that of Thy love.
Bless, we pray, the Honorable Bo Johnson and the Honorable Elaine
Bloom as they strive along with their colleagues to lead this state into a
bright and hope-filled future. Give them the courage and the wisdom that
it takes to climb the highest mountains and to forge through the swift
streams of life; that it takes in order for us to be able to follow the rainbow,
in order that all of our dreams may be fulfilled. We thank Thee, 0 God of
all. May Thy light shine forth and upon each of us. In Thy Son's holy and
precious name we pray. Amen.
The following Members were recorded present:

The Chair
Abrams
Albright
Armesto-Garcia
Arnall
Arnold
Ascherl
Bainter
Barreiro
Benson
Bitner
Bloom
Boyd
Brennan
Bronson
Brown
Bullard

Burke
Bush
Casey
Charles
Chestnut
Clemons
Constantine
Cosgrove
Couch
Crady
Crist
Davis
Dawson
De Grandy
Dennis
Edwards
Eggelletion

Feeney
Feren
Fuller
Futch
Garcia
Gay
Geller
Glickman
Goode
Graber
Greene
Hafner
Hanson
Harris
Hawkes
Hawkins
Healey

Hill
Ireland
Jacobs
Jamerson
Johnson, Buddy
Jones
Kelly
Kerrigan
King
Klein
Laurent
Lawson
Lippman
Littlefield
Logan
Long
Mackenzie

Mackey
Manrique
Martinez
McAndrews
McClure
McMahan
Merchant
Miller
Minton
Mishkin
Mitchell
Morroni
Morse

Mortham
Ogles
Peeples
Posey
Pruitt
Rayson
Reddick
Ritchie
Roberts
Rojas
Rudd
Rush
Safley

Sanderson
Saunders, D.
Saunders, R.
Schultz
Sembler
Shepard
Simon
Sindler
Smith
Stabins
Stafford
Starks
Sublette

Tedder
Thomas
Thrasher
Tobin
Trammell
Upchurch
Valdes
Villalobos
Wallace
Warner
Webster
Wise

Excused: Rep. Gordon, due to illness.
A quorum was present.

Pledge
The Members pledged allegiance to the Flag, led by Margarette Johnson,
who attends W. T. Moore Elementary School, Tallahassee; Justin Johnson,
who attends The Florida State University School, Tallahassee; and the
following representatives of veterans organizations: Albert Woodard,
AMVETS State Department Commander; Al Linden, Disabled American
Veterans State Adjutant Treasurer; Robert Auchu, Military Order of the
Purple Heart State Department Commander; Charles H. Cuthbertson,
Non-Commissioned Officers Association Florida Legislative Coordinator;
James Bryant, Non-Commissioned Officers Association; William Byerts,
U.S.A.F., The Retired Officers Association; Ben Kosiorowski, Polish
Legion of American Veterans, USA State Department Commander; Jack
McGhee, Air Force Sergeants Association Legislative Chairman and
Division 5 Past President; Joel Steinberg, Jewish War Veterans; George
Carter, Disabled American Veterans Legislative Committee Chairman;
Walter Levy, Disabled American Veterans Legislative Committee Vice
Chairman; Tracy Taylor, American Legion Legislative Chairman; Ed
Schuman, Veterans of Foreign Wars Legislative Chairman; Colonel Earl G.
Peck (Retired Major General), Department of Veterans Affairs Executive
Director.

House Physician
The Speaker introduced Dr. Michael Gordon of Miami, who served in
the Clinic today upon invitation of Speaker Bolley L. Johnson.

Soloist
The Speaker presented Marilyn Heister Pfost of the First United
Methodist Church of Milton, who sang "Holy, Holy, Holy."

1

Number 1

JOURNAL OF THE HOUSE OF REPRESENTATIVES

February 2, 1993

Committee from the Senate
A committee from the Senate consisting of Senators Harden, Silver,
Holzendorf, Foley, Diaz-Balart, Gutman, Hargrett and Jones advanced to
the well and announced that the Senate was convened and ready to
transact business.

Presentation of Former Speakers
The Speaker presented the following former Speakers who were present
today at his invitation: the Honorable Doyle E. Conner, the Honorable
Mallory E. Home, the Honorable Ralph D. Turlington, the Honorable T.
Terrell Sessums, the Honorable Donald L. Tucker, the Honorable Ralph
H. Haben, Jr., the Honorable H. Lee Moffitt, the Honorable James Harold
Thompson, the Honorable Jon L. Mills, the Honorable Tom Gustafson and
the Honorable T. K. Wetherell.

Committee to the Senate
On motion by Rep. Crady, the Speaker appointed Reps. Martinez,
Ritchie, Sanderson, Burke, King, De Grandy, Brennan and Pruitt 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.

The Journal
The Journal of December 11, 1992, Special Session "A" was corrected and
approved as corrected.

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. 81,116
In re: CERTIFICATION OF JUDGESHIPS
[January 27, 1993]
BARKETT, C. J.
Under the provisions of article V, section 9, of the Florida Constitution,
the Florida Supreme Court is responsible for determining the need for an
increase or decrease in the number of judges required to consider and
dispose of cases filed before the respective courts. To this end, we have
analyzed case filings and evaluated the growth in the workload of the State
Courts System over the past several years, in light of additional judgeships
which have been authorized each year by the Florida Legislature.
As the result of this review, we certify the need for four district court of
appeal judges, eleven circuit court judges, and seven county court judges.
A comparison of the requests for new judges filed by the respective courts
and the new judgeships certified as needed for fiscal year 1993-94 follows:

REQUESTS / SUPREME COURT CERTIFICATION

DCA
1
2
3
4
5

TOTALS

CIRCUIT COURT

REQUEST
2

CERTIFIED
2
2

4

COUNTY COURT

CIRCUIT REQUEST CERT. COUNTY REQUEST CERT.
1 -
2 1 -

1

3
4

5
6

7
8
9

2

1
2

2
2
1
1

10
11
12
13
14
15
16
17
18

19
20

Clay
1
1 Pasco
Pinellas

2 Orange
Osceola
1 Polk
1 Dade
1

1

1
1

1

1
1
1
2

1 Hillsborough 2

Palm Beach 2

1

Broward
Brevard
Seminole

1

1

1
1

4
1
1

1
3 2

TOTALS 19 11

18

7

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 requests for two additional judgeships each
from the First and Second District Courts of Appeal. We certify the need
for these four judges. In evaluating this request, we gave the greatest weight
to past and projected filings.
The last judgeship authorized for the First District Court of Appeal was
effective in January 1990. Two judgeships were certified as necessary in
both 1991 and 1992, but they were neither authorized nor funded by the
Florida Legislature. It is projected that from 1989 to the end of 1993 total
filings for the First District Court of Appeal will have increased by 1,285
cases. This represents a 37 percent increase. 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 has exclusive jurisdiction to hear workers
compensation appeals and handles a disproportionate share of appeals of
administrative rulings. These factors are sufficient to justify two additional
judgeships for the First District Court of Appeal.
The Second District Court of Appeal has experienced substantial growth
in its caseload since the last judgeship for that court was authorized in
January 1989. It is projected that from 1989 to the end of 1993 total filings
for the Second District Court of Appeal will have increased by 1,667 cases.
This represents a 47 percent increase. Almost half of this growth will occur
in 1992 and 1993. This growth trend is consistent in all categories of cases,
including criminal, civil, and administrative matters. These factors are
sufficient to justify two additional judgeships for the Second District Court
of Appeal.
Florida Rule of Judicial Administration 2.035(b)(1) sets forth the criteria
for certification of need for judges at the trial court level. As with
certifications in 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, family, guardianship, mental health and juvenile
case filings for each circuit are also evaluated by applying different weights
reflecting their differential requirements for judicial hearing time and

2

4 "

JOURNAL OF THE HOUSE OF REPRESENTATIVES

attention. The filings per judge statistics for the county courts are adjusted
to exclude worthless check and civil traffic 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 magistrates, child support hearing
officers, 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 greater
than in the past two years. We certified the need for only eight circuit
judges in fiscal 1991-92 and 1992-93. We find it necessary to certify the
need for eleven circuit judges this year, including one additional circuit
judgeship for the Third, Fifth, Sixth, Tenth, Eleventh, Twelfth, and
Thirteenth judicial circuits, and two additional circuit judgeships for the
Ninth and Twentieth judicial circuits.
Our data shows that the rate of growth in filings in the circuit courts
began to increase in 1992 after a period of slow growth between 1989 and
1991. Criminal, juvenile, family, probate, guardianship and mental health
filings are projected to grow significantly through 1993. Much of this
growth is attributed to a substantial increase (over 10 percent) in violent
criminal filings, domestic violence petitions and delinquency petitions.
Circuit civil filings are projected to be down almost four percent from 1991
to 1993, largely due to a significant decrease in contract and indebtedness
cases. This decrease is primarily due to the change in the monetary
jurisdiction of the circuit court from $5,000 to $15,000, over the past two
years.
Based on the caseload trends discussed above, we find compelling
justification for eleven new circuit court judgeships. All but one of the
courts for which new circuit judgeships are certified are projected to have
1993 filings levels 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. Since the last circuit judges were added in January,
1991, significant delays in obtaining a trial date or hearing on a motion are
developing. We must ensure criminal dockets are adequately covered.
Likewise, we must be concerned about the resulting congestion in civil
calendars. We find that intolerable delays will only worsen if the additional
judgeships we have certified are not authorized and funded. The eleven
circuit court judgeships we find to be needed are the absolute minimum
required to meet our constitutional mandates. Authorization of these
judges will not enable us to reverse the trends discussed above, but they
are crucial to our ability to avoid greater delays than are currently the norm
in many circuits.
Our request for additional county judges is very limited this year. One
additional judgeship is deemed necessary for Broward, Hillsborough,
Orange, Osceola, Clay, Brevard, and Palm Beach counties. All of these
counties have realized steady increases in filings and all are ranked among
the top ten counties in filings per judge.
In evaluating the need for additional judges we relied principally on
filings data. The filings data were adjusted to exclude highly variable
counts of civil infractions and worthless checks because of their limited
requirements for judicial time. We looked at the total filings, including
criminal, civil and DUI cases. We also added and considered other criminal
traffic matters at the recommendation of the Court Statistics and
Workload Committee. Finally, we evaluated the extent to which county
judges have served as circuit judges, in courts requesting additional circuit
or county judges.
Article V, section 2(b) of the Florida Constitution permits county judges
who are qualified to serve on the circuit court to be assigned temporarily
to hear matters within the jurisdiction of the circuit courts. Such
assignments are often necessary and indeed, critical to the effective
management of caseloads in many circuits. However, the failure of
lawmakers to authorize and fund additional judges, which were certified
as necessary by this court in the past two legislative sessions, has forced

an increasing reliance on county judges to address workload pressures in
the circuit courts. This has occurred to a greater extent in urban
jurisdictions. In some cases, county judges appear to have been assigned
to circuit court full time for a year or more. These assignments are
detrimental to case handling in county courts and are contrary to the intent
of the assignment authority in Article V of the Constitution.
In view of these circumstances this Court has elected to withhold
certification of some of the additional county judges requested by selected
urban courts pending a review of local assignment practices, even though
their requests may be justified on the basis of caseload statistics. The Court
directs that this review be conducted by the Court Statistics and Workload
Committee, with the assistance of the Office of the State Courts
Administrator. It is to involve study of (1) the manner in which all active
circuit and county judges are assigned, (2) the extent of utilization of
county judges in circuit court, (3) the use of senior judges, and (4) the
availability and use of supplemental hearing resources such as traffic
magistrates, child support hearing officers and general or special masters.
The Committee is to make recommendations on how the Court can better
evaluate requests for additional judgeships in the larger, urban
jurisdictions and propose any additional policy or criteria it believes would
be helpful to the court in making its certification of need for additional
judges.
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, SHAW, GRIMES, KOGAN and HARDING,
JJ., concur.
Original Proceeding Certification of Judgeships

Introduction of House Concurrent Resolution
On motion by Rep. Wallace, the rules were waived for introduction and
consideration of a concurrent resolution.

By Representative Wallace-
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, February 2, 1993, for the purpose of receiving the message of the
Governor.
-was read the first time by title. On motion by Rep. Wallace, the rules
were waived and the concurrent resolution was read the second time by
title. On further motion by Rep. Wallace, the concurrent resolution was
adopted and, under the rule, immediately certified to the Senate.

Messages from the Senate

The Honorable Bolley L. Johnson, Speaker
I am directed to inform the House of Representatives that the Senate has
adopted HCR 1-Org.
Joe Brown, Secretary

The above concurrent resolution was ordered enrolled.

Recessed
The House stood in informal recess at 10:54 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.

February 2, 1993

3

4 JOURNAL OF THE HOUSE

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 Kenneth "Buddy" MacKay, Lieutenant Governor; the
Honorable Jim Smith, Secretary of State; the Honorable Robert A.
Butterworth, Attorney General; the Honorable Gerald A. Lewis,
Comptroller; the Honorable Thomas C. Gallagher III, Treasurer and
Commissioner of Insurance; the Honorable Robert B. Crawford,
Commissioner of Agriculture; and the Honorable Elizabeth B. Castor,
Commissioner of Education, constituting the Cabinet, were escorted into
the Chamber by the Sergeant at Arms of the Senate and seated.

Arrival of Supreme Court
Chief Justice Rosemary Barkett, Justice Ben F. Overton, Justice Parker
Lee McDonald, Justice Leander J. Shaw, Jr., 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 House and seated.
The Speaker presented the gavel to Ander Crenshaw, President of the
Senate, asking him 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 Honorable McCarthy Crenshaw,
Jr., Circuit Court Judge of the Fourth Judicial Circuit, Jacksonville, and
brother of President Crenshaw.
Almighty and everlasting creator, sustainer and Father, we thank You
that our nation and our state is composed of people who still believe in the
importance and the power of prayer. As George Washington expressed in
his first inaugural address: "We ought to be no less persuaded that the
propitious smiles of heaven can never be expected on a nation that
disregards the eternal rules of order and right which heaven itself
ordained."
Father, give these Senators, Representatives, the Governor and
Lieutenant Governor, our Supreme Court Justices and all our public
officials wisdom and insight to know what is acceptable in Thy sight. Bless,
O Lord, all the people of this state from richest to poorest, from oldest to
youngest. Help each of these Your public servants and the people they
represent to follow the words of the famous Jewish writer: "Live in
harmony with one another, be sympathetic, love as brothers, be
compassionate and humble. Do not repay evil with evil or insult with insult,
but with blessing, because to this you are called so that you may inherit a
blessing."
May we individually echo the prayer of George Washington that ".. .we
might do justice, to love mercy and to demean ourselves with that charity,
humility and pacific temper of mind which were the characteristics of the
Divine Author of our blessed religion, and without a humble imitation of
whose example in these things we can never hope to be happy as a nation."
And Lord may we, as Abraham Lincoln declared, never become, "too self-
sufficient to feel the necessity of redeeming and preserving grace." May we
never become, "too proud to pray to the God that made us." In the name
of the God of Abraham, Isaac and Jacob I pray. Amen.

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

I

3 OF REPRESENTATIVES February 2, 1993

Committee to the Governor
On motion by Rep. Wallace, the President appointed Senators Scott,
Jennings, Bankhead, Casas and Meadows, and on behalf of the Speaker,
appointed Reps. Mackenzie, Chestnut, D. Saunders, Mortham and
Hawkins as a joint committee to notify the Governor that the Legislature
had assembled to receive his message. The committee retired to execute its
responsibility. Upon announcement by the House Sergeant at Arms, the
committee escorted Governor Chiles to the rostrum.

Presentation of the Governor
President Crenshaw presented the Honorable Lawton M. Chiles, Jr.,
Governor, who addressed the Joint Session as follows:

Governor's Address
Speaker Johnson, President Crenshaw, Chief Justice Barkett, members
of the Supreme Court, my friend and colleague Buddy MacKay, members
of the Cabinet, members of the Senate and House of Representatives, and
fellow Floridians.
Early on an August morning, five months ago, the face of Florida was
changed forever. The savage winds and the raw power of Hurricane Andrew
cut a path of destruction through the communities of Coral Gables,
Kendall, Perrine, Cutler Ridge, Goulds, and down through Homestead,
Florida City to Key Largo-and through Southwest Florida, also.
A new chapter was added to our history in just a few short hours as we
survived an event that will shape our lives for months and years to come.
South Florida suffered the damage, but all of Florida felt the pain.
In the hours and days that followed, I walked through those storm-
ravaged neighborhoods. I've talked with the people whose homes were left
in shambles, and through the medium of television the nation shared their
staggering sense of loss.
South Florida was in shock. Never, never before had a natural disaster
brought so much damage and so much devastation to any part of America.
When the winds died and the rains stopped, we found more than 28,000
homes had been destroyed, 100,000 suffered damage, 175,000 of our
Floridians were homeless.
Eighty-two thousand businesses were leveled or in need of repairs.
Hospitals and schools were closed-or open only as emergency shelters. All
of these-homes, schools, places of work and worship-were suddenly
gone.
For so many people whose lives were shattered, shock and disbelief
turned to anger, frustration and blame. But the faith of these people helped
them to realize that blame does not rebuild anything.
They accepted what had happened and they committed to get past this
trauma-and to do more than just survive. The people who lost the very
most said that this would be a new beginning.
In the days and weeks that followed, we have witnessed a most
remarkable triumph of the human spirit.
It started with the stories of everyday heroes and heroines-like Susan
Johnson, a nurse from Homestead.
I met her when I walked into the Homestead Hospital in South Dade.
Her face and her hand had been badly cut by shards of glass. She was
struck while rescuing an elderly patient who was crying for help as the
windows literally blew out her hospital room and almost sucked her out of
it.
Susan required more than 25 stitches in the emergency room-but she
went back to work, and worked for hours-because there were others who
needed her help.
In that aftermath of Andrew, courageous acts were the order of the day.
Countless people reached outside of their own problems to help others.
Through all of the sadness, we saw people helping people regardless of
race, religion or station in life. We saw rows of houses become
neighborhoods; we saw strangers become friends. There might only be one
home with a phone for three or four blocks, but all in need were welcome
there-everyone shared. In short, crowds became communities.

JOURNAL OF THE HOUSI

Florida's businesses rallied to the cause, raised millions of dollars.
Hundreds of health care workers, law enforcement officers, all types of
people volunteered to serve in the relief effort. Our own National Guard-
which performed with such great distinction-saw the largest mobilization
in its history.
Added to this was the response from hundreds of thousands of Floridians
who wanted to help-even though they lived far away. The storm did not
touch their lives-but the needs of other people did.
The rebuilding of South Dade County is now underway, we have people
working there side by side. Houses are coming back through their labor-
and a community is coming together through their spirit. Throughout
Florida and across America, no one doubted the urgent need to come to the
aid of our neighbors. From board rooms to classrooms to living rooms-and
in these rooms, too, we came together.
Last December, during a three-day special session, we made sure that
hurricane victims did not become political victims. We saw the needs that
were so overwhelming that our only responsible choice was to take decisive
action.
We didn't do it as the Governor, or the House, or the Senate, or the
Democrats, or the Republicans.
We did it as Floridians-and we did it together. (applause)
Under the leadership of Speaker Johnson and President Crenshaw-and
that leadership was exemplary-and the help of all of your Members, we
were united, we were focused, we were here to get results-and because we
put the needs of the people first, we agreed on some very important basic
principles-and we succeeded in working out the differences and the
details.
We didn't allow the special interests to get ahead of the people's
interests.
We did it one month after the election of the largest class of freshman
House and Senate Members that anyone can remember.
How memorable for you new Members to have had the experience-and
your first experience-of December's extraordinary special session-when
there was no partisan posturing, no gridlock and the blame game was not
played.
Who won?
The people won.
And because the people won, the institution of the Florida Legislature
won-the House and the Senate won.
Democrats and Republicans won. Each of you won.
And we all won-together.
In that special session, Florida had problems that we had to deal with:
hurricane-related needs-the needs to re-regulate the pari-mutuels.
No one tried to say, "These are not serious issues" or "We don't need to
do anything about them now," or "We're in a recession," or any other
reason.
We all worked to see how quickly we could get the job done-instead of
acting as no emergency existed.
We really decided to trust each other and to share credit rather than to
level blame. We took the decisive action together.
As a result, the people of Florida saw their government work for them.
Can we do it again? (applause)
We can use this model, together, to solve other problems confronting
Florida. They're just as real, they're just as urgent, and we can work to solve
them, also.
Florida has the highest percentage of uninsured people in the United
States. More than 70 percent of these uninsured are working people and
their families. If you're poor enough we provide coverage for you, but if
you're working for a small business that can't afford those rates now, you
go without insurance.
Two-and-a-half million of our Floridians go to bed every night, literally
afraid to get sick.

February 2, 1993

The President said he would immediately expedite the process to allow
Florida and all other states to experiment with better ways to deliver
health services to people at lower costs. That's exactly what we've been
asking for-freedom to build a national model here in Florida. (applause)
That was the purpose that united us in the support of the Health Care
Reform Act last year. That landmark action commits us to providing that
access of care to all Floridians by the end of 1994.
We talked with all the players in the health sector-from the patients
to the providers-we have learned basically what needs to be done.
I want to personally thank everyone involved in this process-and
especially the business community.
The plan that we're sending to you seeks voluntary participation from
everyone involved: managed competition-the pooling of resources among
our state employees, our Medicaid patients, businesses that will help us
buy the best quality care at the lowest cost. We purchase every other
service in America that way. Why can't we do that with health?
We can't wait for a national plan to delay our ability to provide that
access to our people who need it now. We can show the way. It's kind of
that old saying, "We can make dust-or we can eat dust."
We can make Florida the national leader in providing affordable health
care to all of our citizens in a partnership that's not controlled by the
government.
I ask you to join me in making this a priority issue in the first 30 days
of this session. (applause)
I know you and I share the same vision for a better Florida. It's a vision
that is totally opposite though of what we see in Florida today.
We rank last among the states in the overall health of our people. Every
four hours, a baby in Florida dies. We're 18th in the percentage of children
who live in poverty.
Our educational spending is the fifth lowest in the country-and our
dropout rate is among the highest.
We're the national leader in violent crime-and juvenile crime is on the
rise, there is no space in the system to help troubled youth.
We're in danger of becoming the minimum-wage capital of America-at
a time when we so desperately need high-tech, clean industry and the high-
paying jobs that it brings.
Our country couldn't put men on the moon with a conventional engine-
we had to design a rocket. And we have to redesign our tax engine if we are
going to move Florida forward.
Every serious study that's been done by any academic institution, the
Florida Chamber, our business institutions, the Council of 100, the recent
Tax and Reform Commission-they have all reached the same conclusion.

E OF REPRESENTATIVES 5

Last Friday, I walked through the emergency room at Tampa General
Hospital. It was late on a Friday afternoon-but that emergency room was
like a M.A.S.H. hospital in the midst of battle. The doctors and staff said
it was a typical day at Tampa General Emergency.
Philmore Bryant's daughter was sick with a virus-and the emergency
room was the only place that he could bring her because he didn't have any
insurance.
Across the hall, Lois Earl was sitting in a wheelchair waiting for a
checkup on her heart problems. She'd been a teacher in some states up
north, she'd been a teacher here. She'd never been in the system quite long
enough to get some coverage. Like Mr. Bryant, she told me the insurance
was too high to afford-and all she could do is come to the emergency room.
They told me beforehand, this lady has been sitting for several hours and
she'll have to sit several more hours because she is not critical. Her heart
is just hurting. She's sitting there. She asked me if there was any way to
help people like her.
The good news was, I said "Yes," and I share that with you today-there
is help on the way.
Yesterday, after meeting with President Clinton and the other governors
in the White House, a major obstacle was removed from our path to provide
all Floridians, all Floridians, with access to health care.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

If we don't change the tax system to make it more fair and broader-
based-if we just continue to patch-we won't change Florida.
To take this out of politics-and if it was easy to do, I recognize, we
would have done it a long time ago-to take this out of politics, we're
proposing a revenue-neutral process that will require us-the Legislature
and the Executive-to examine and test all of the sales tax exemptions.
Legitimate ones-like food and medicine, religious activities-they
should be retained and I'm sure they will. But, those that exist solely for
the benefit of the special interests need to be eliminated. And we have to
weigh the value of closing those loopholes, so that we can lift the burden
off of the people. And as we do that we lift that burden by providing
property tax relief.
Our corporate tax laws need revision as well. Right now, only a small
handful of our more than one million businesses are paying any corporate
income tax. We propose to build a partnership among Florida's businesses.
Our "Package for Progress" builds a stronger economy by growing our
own businesses, and attracting new businesses that will provide the good
jobs. We're going to say as we reform that corporate tax base we'll use all
of that money to promote business in Florida and to provide that
permanent funding resource for Preservation 2000. These reforms are the
key to moving Florida forward. It is the way for us to unlock the future.
Floridians expect the law to provide protection for them, their families
and their businesses. And the criminal justice system should protect the
individual as we work to preserve neighborhoods and promote safe streets.
A few weeks ago I walked the beat with Orlando police officers John
Martin and Norris Butler. They truly have made a difference in Carver
Court, a neighborhood that used to be plagued by crime. I can tell you I
wish you could have walked with me that day, but if you went to that
neighborhood, you'd find out, when you walk with two officers, a black and
a white, and the kids run out of the houses and grab them around the legs,
hold their arms and crowd around them. These are cops; these are the man.
It really makes you understand on and off the job, these two men have built
community pride. They've organized neighborhood youth and channeled
their energies into service, rather than gangs and drugs. They've enlisted
the support of the local merchants to sponsor beautification projects, meals
for the elderly, and healthy pursuits for children. I saw people that had no
grass, with that rake, making that sand very level so it would look very
good. They have the solutions to many of our problems, and they can be
found in neighborhoods across the state.
But our state system has been broken for many years. We found a system
so crowded that the federal court-not Florida-tells us how many inmates
we can hold-and for what period of time.
Most of our people work hard 50 weeks of a year to get two weeks off,
they can't understand how violent criminals get a free vacation through
early prison release. They're outraged that a child-killer like Donald
McDougall nearly walks to freedom, serving less than one-third of his
sentence.
At our request last session, we changed the law that would have allowed
this to happen. But, without your action before October, nightmares like
this can be repeated again.
Our Safe Streets initiative includes 3,600 new prison beds for violent
criminals. We can eliminate that basic gain time, shut down our prison
"time machine" that quickly sends inmates back to their future. We can
divert non-violent criminals into less costly programs-so that those
violent criminals will serve more time behind bars.
But, we have to start working for success long before our prison doors
close on our failures. We've got to strengthen Florida's juvenile justice
system with a focus on reclaiming young lives-not giving them a graduate
degree in crime. (applause)
Last week, we brought all of our partners in the criminal justice system,
including representatives from the House and the Senate, to the table
during our Safe Streets conference in St. Petersburg. Many said it was the
first time we've all sort of sat together, the people who wanted prevention,
the people who wanted to lock them up, the people that have to keep them
when they're locked up-all of the parties. I'm asking you to do that with
us. Bring us all together, let us look at the total problem. Jimmy Johnson
had to have a game plan to win the Super Bowl. He had a pretty dadgum

good plan. Florida has to have a game plan for criminal justice. Help us put
it together.
Five years ago, the Florida Lottery was launched with the promise of
enhancing education-funding education "extras" that can make good
schools excellent schools. We know that promise was broken.
That money that should have been used to make our schools better was
used to keep them running.
Parents and teachers and students all over the state have told me they
don't think it's right to use the Lottery simply to replace the money schools
would have been getting and should have been getting anyway.
I read with interest that your leadership and you want to get out on time.
What was more interesting was the reason that the paper gave for that-
that it would restore the confidence of the people in the Legislature.
If you want to restore the confidence of all of us, help us restore the
Lottery dollars back to the schools for enhancement-as we promised.
That's the best action I know of that we could take to restore confidence.
(applause) That would be Lottery justice.
It is impossible to build a strong economy if small business can't succeed.
We know that soaring workers' compensation rates are putting our small
businesses out of business every day. They are crying and demanding our
help.
We have to return the system to its original purpose. Let's remember,
what was the system for? As I can remember, it wasn't designed for lawyers,
it wasn't designed for doctors, it wasn't designed for insurance companies.
It was designed to help employers and their workers. Let's take it back to
that. (applause)
In our welfare system, too many of our families are entangled in the
welfare net, unable to break free. We need to create a system that provides
welfare dependents with the work skills that they need to achieve
independence. A system in which people who have been tax takers can
become taxpayers.
I applaud the bipartisan approach that I see working in the bodies for
welfare reform.
Money has had too loud a voice in Florida's election process. Despite our
sweeping changes in 1991, there is still more that needs to be done if we
are going to win the people's trust. Our campaign and ethics reform
strengthens the reporting about who gives, who gets, how much and for
what. I know the salaries of everybody in this room and the public knows.
I think the public is entitled to know the fees about all of those people out
there and up there, who try to make things work in these rooms. (applause)
The only contingency that should guide our debate on public issues is
good public policy-public issues guided by good public policy.
Last year, too much time and goodwill was consumed by the rancor over
reapportionment. We learned that no party has a lock on wisdom when it
comes to drafting a plan that is fair. We can put that process behind us by
standing on common ground for a Constitutional amendment for a
Reapportionment Commission. There are many plans out there-you've
got one, Mr. President, I've got one, a lot of Members have one. We ought
to get that done-I'm flexible on how we do it. (applause)
Florida's business leaders have now realized that our state has to have
a healthy environment in order for them to be successful.
Florida's environmental leaders have now realized that to protect and
enhance the state's environment, we have to have a strong economy.
Business needs to know what our rules are-they need to be able to get
a straight answer without undue delays and undue costs.
Our environment needs a state agency with the talent and the resources
to properly shape-to take care of the land that we have and to protect the
quality of life that we have all been so blessed with.
The opportunity is there to accomplish both of these goals with the
merger of the Department of Environmeatal Regulation and the
Department of Natural Resources.
In that same spirit of making our government work better, we're looking
to merge the Department of Business Regulation and the Department of
Professional Regulation.

February 2, 1993

6

JOURNAL OF THE HOUSI

Last year, with your help, we proved that combining agencies with
similar functions will save us the costs of duplication-and pay us
dividends in better service to the taxpayers.
In fulfilling my duties, I have proposed a budget to meet the essential
needs of our people. After painful study, I've determined that that requires
$630 million in new taxes.
I want to assure you and the people of Florida-I don't love to raise
taxes. I don't even like to talk about them. But Buddy and I have made a
commitment-to talk about things the way they are; to call it like we see
it.
Yes, we've had growth revenues from last year of over $1 billion-but
just to provide the state's share of the Medicaid funding; the A.F.D.C., Aid
to Families with Dependent Children match; and to take care of just the
growth of children enrollment in K through 12 takes that million dollars.
It's all gone.
We had to ask for additional money if we were going to provide for the
growth in community colleges and universities, for the law enforcement, for
prisons, for the community and economic development, and to expand
access to health care.
We've required our agencies to come up with savings of over $200 million.
I hope you will examine those. If you can find more, be my guest.
This one law that we've got to pass this year is a budget which provides
a way to pay for all the programs that we prescribe. I am required to
propose a budget that meets what I believe are Florida's essential needs.
You are required to exercise your judgment and take action on that budget.
We call our budget the Smart-Dollar approach-because we are putting
our first dollar toward preventing problems and keeping them from getting
worse and more expensive. Smart-Dollar recognizes every dollar should be
wisely spent to prevent spending more later.
These are the issues facing us over the next few weeks. And we must
address them.
Will we delay and deny them-or face up and solve them?
The first Sunday after Hurricane Andrew, I visited several churches in
South Florida. I was amazed to hear a lady refer to the hurricane as "Saint
Andrew."
She said: "Saint Andrew paid us a visit, blew down our walls so we could
see each other, help each other. Now, we've become neighbors again."
How could she look at that storm in that way? In the weeks that followed,
I began to understand.
People did act differently. They did find they needed each other.
You and I act differently toward each other, too. We worked together.
We know South Florida will never be the same-it will be better.
Today, I ask you to join me-to make all of Florida better.
Together, we can do it.
Thank you. (applause)
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 House and Senate.
On motion by Senator Jennings, the Joint Session was dissolved at
12:00 p.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 12:10 p.m. A quorum
was present.

Speaker's Remarks
Speaker Johnson: Well, having heard the remarks of Governor
Chiles, I thought it might be appropriate for me to ask Reverend Sedberry
to come back up and give us an additional prayer to help guide us through
the coming months, but I think in the interest of time, I'll just ask the

February 2, 1993

WHEREAS, Thurgood Marshall was raised under the care and
protection of loving parents, graduated with honors from Lincoln

E OF REPRESENTATIVES 7

House to begin to move forward with our responsibilities that we'll find at
hand. I'm sure you'll have an opportunity to call on the Almighty as you
see fit. I'm sure I'll have an opportunity to call on Him often.
We do receive strength from those people around us, and I heard a story
recently of the first night that Bill and Hillary Clinton were in their new
home on Pennsylvania Avenue. And they had finished the inaugural
ceremonies and their visit to the balls and they were looking out over a
spectacular view of the capital city. And Bill said to Hillary, "You know,
fate is an amazing thing in life." He said, "If you had married the first man
who asked you to marry him, you'd probably be on a farm in Arkansas
tonight. But you were willing to wait for me and here you are, the nation's
first lady." Hillary looked at Bill Clinton and said, "You still don't get it
do you, Bill? If I had accepted the invitation of that first person from
Arkansas, he would be President tonight." (laughter) Well, I'll announce
to you and to my wife, Judi, I don't suffer those same illusions. I appreciate
the fact that she's been with me through all the aspects of my public life
and she's been a great partner in the process.
And this is a great time for us as a legislative body. I appreciate the way
that we worked together to deal with the hurricane recovery issues and
other challenges during the three-day special session and I appreciate the
fact that we finished that task on time. I've combined some committees.
I have realigned some staff persons and we've reduced the number of
standing committees from 28 to 22. And I've asked you to limit your bills
to six. And this will provide us an opportunity to focus more on issues
during this legislative session that touch people's lives in Florida. Last year
we had 2,225 bills in what was supposed to be a 60-day session. This year
I think we'll have fewer bills and, hopefully, a better product for each item
that comes into this Chamber and across to the Senate and onto the desk
of the Governor.
As you sit here in these chambers, you have to think about how it touches
the lives of over 2 million school children who are sitting quietly at their
desks this morning. Many of the decisions that you will make will have a
direct connection with their future and our future as a state. When we
think about health care, it doesn't really fit this marketplace as we know
it. If I were to have chest pains today, I wouldn't want Judi to call around
to see who had a special on heart treatment. We have to make those
decisions on competitive pricing at the time that we purchase our coverage
through the insurance or HMOs. And we are going to have a plan this year
to provide better access and deal with the cost of health care.
As we think about those Floridians who are without jobs and we look at
better job training and streamline permitting, we are going to have an
opportunity to make Florida a better place for many of those citizens. I
believe that you'll rise to those challenges and to the occasion, and I think
we'll finish within the 60 days allotted to us. (applause) I don't see this
House going into midnight sessions. (applause) And I do think the way we
conduct our business on a daily basis will do more to bring public
confidence in this process than any other thing we can do.
With the Rules Chairman, Representative Wallace, I know that he is
planning an orderly basis for bringing the issues to the floor of the House.
And each week will be important for us to keep the focus and keep the task
on those challenges that lie ahead.
I look forward to working with you, and I look forward to that final sine
die 60 days from now.
Thank you very much. (applause)

Resolutions and Memorials
On motion by Rep. Wallace, the rules were waived and-

By Representatives Dawson, Miller, Rayson, Reddick, Chestnut,
Lawson, Jamerson, Dennis, Greene, Schultz, Bullard, Logan and
Eggelletion-
HR 771-A resolution honoring Supreme Court Justice Thurgood
Marshall.
WHEREAS, Thurgood Marshall, who died on January 24, 1993, was
born in Baltimore, Maryland, on July 1, 1908, the grandson of a slave, and

JOURNAL OF THE HOUSE OF REPRESENTATIVES

University, and emerged from Howard Law School to lead a group of
idealistic young lawyers who gave new meaning to the ideal of civil rights
in America, and
WHEREAS, as a young civil rights lawyer, Thurgood Marshall argued
32 cases before the United States Supreme Court, winning 29 of those
cases, including Chambers v. Florida, which ended the practice of
admitting clearly involuntary confessions into court; Smith V. Allwright,
which opened up white Democratic primaries to minorities; Shelly v.
Kraemer, which ended restrictive racial covenants; Sweatt v. Painter and
McLaurin v. Oklahoma, which integrated U.S. colleges; and Brown v.
Board of Education, which finally put an end to the era of "Jim Crow" in
the United States, and
WHEREAS, as a federal judge on the Second U.S. Circuit Court of
Appeals, Thurgood Marshall authored 112 opinions, none of which has ever
been overturned, and
WHEREAS, Thurgood Marshall wrote 322 majority decisions while
serving on the United States Supreme Court, including Amalgamated
Food Employees v. Logan Valley Plaza, which guaranteed First
Amendment rights in shopping malls; Stanley v. Georgia, which
guaranteed privacy in reading or viewing materials in the home; Benton v.
Maryland, which prohibited states from violating the rights of an accused
against double jeopardy; Austin v. Michigan Chamber, which prohibited
using corporate funds for independent political action, and many more,
and
WHEREAS, Thurgood Marshall set a standard on the United States
Supreme Court for tough questioning and impatience with empty rhetoric,
and also for understanding of and compassion for America's poor and
troubled citizens, and
WHEREAS, in his last years on the Supreme Court, though left to write
mostly dissents, Thurgood Marshall continued to uphold with passion and
eloquence the ideal of equal protection under the law for the unpopular and
powerless of every creed and color, and
WHEREAS, Thurgood Marshall has been bestowed with numerous
honorary degrees and other honors, including the American Bar
Association Civil Rights Award that bears his name, but more importantly,
he has received the life-long devotion of millions of Americans for whom
he worked so tirelessly to bring the gift of dignity and legal equality, NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That we, the members of the House of Representatives of the State of
Florida, on this, the opening day of the 95th Regular Session of the Florida
Legislature, hereby honor Justice Thurgood Marshall as a historic force for
justice in Florida and across America, having crafted by his life's work the
modern legal meaning of equal protection under the laws of the United
States Constitution.
-was read the first time by title. On motion by Rep. Dawson, the rules
were waived and the resolution was read a second time in full. On further
motion by Rep. Dawson, the resolution was adopted. The vote was:
Yeas-118

The Chair
Abrams
Albright
Armesto-Garcia
Arnall
Arnold
Ascherl
Bainter
Barreiro
Benson
Bitner
Bloom
Boyd
Brennan
Bronson
Brown
Bullard
Burke
Bush
Casey
Charles
Chestnut

Clemons
Constantine
Cosgrove
Couch
Crady
Crist
Davis
Dawson
De Grandy
Dennis
Edwards
Eggelletion
Feeney
Feren
Fuller
Futch
Garcia
Gay
Geller
Glickman
Goode
Graber

Greene
Hafner
Hanson
Harris
Hawkes
Hawkins
Healey
Hill
Ireland
Jacobs
Jamerson
Johnson, Buddy
Jones
Kelly
Kerrigan
King
Klein
Laurent
Lawson
Lippman
Littlefield
Logan

Long
Mackenzie
Mackey
Manrique
Martinez
McAndrews
McClure
McMahan
Merchant
Miller
Minton
Mishkin
Mitchell
Morroni
Morse
Mortham
Ogles
Peeples
Posey
Pruitt
Rayson
Reddick

Ritchie
Roberts
Rudd
Rush
Safley
Sanderson
Saunders, D.
Saunders, R.

Schultz
Sembler
Shepard
Simon
Sindler
Smith
Stabins
Stafford

Starks
Sublette
Tedder
Thomas
Thrasher
Tobin
Trammell
Upchurch

Valdes
Villalobos
Wallace
Warner
Webster
Wise

Nays-None
Votes after roll call:
Yeas-Rojas

Motion to Recess
Rep. Wallace 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, February 9. The motion was agreed to.

Introduction and Reference

By Representatives Gordon, Jacobs, Chestnut, Klein, Tobin, Kelly,
McAndrews, Bush and Mishkin-
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 Agency for Health Care Administration to seek waivers;
providing reporting requirements; providing an appropriation; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care, Finance & Taxation and
Appropriations.
By Representative Healey-
HR 3-A resolution honoring Harry L. Smith upon his retirement from
the IBM Corporation in Boca Raton and his appointment as Executive
Director of Hospice of Palm Beach County, Inc.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representative Mitchell-
HB 5-A bill to be entitled An act relating to the Florida Retirement
System; amending s. 121.021, F.S.; redefining the term "creditable service";
creating s. 121.1115, F.S.; providing for the purchase, by certain members
of the system, of creditable service for periods of employment as public
school teachers in other states, subject to certain limitations and upon
meeting certain conditions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representatives Sanderson, Stafford, Ogles and Minton-
HB 7-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Arnall-
HB 9-SF-A bill to be entitled A proposal relating to preservation of
certain lands through purchases of development rights.
First reading by publication (Art. III, s. 7, Florida Constitution).

8

February 2, 1993

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Hanson-
HJR 11-A joint resolution proposing the creation of Section 19 of
Article VII of the State Constitution relating to exemptions from state
taxes and fees.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

HB 13-Withdrawn

By Representative Feren-
HB 15-A bill to be entitled An act relating to the recording of
instruments; amending s. 28.222, F.S.; requiring the clerk of the circuit
court to record certain death certificates; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Jones-
HJR 17-A joint resolution proposing the creation of Section 19 of
Article VII of the State Constitution relating to sales and use tax
exemptions.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

HB 19-Withdrawn

By Representatives Pruitt, Sanderson, Bullard, Ogles, Healey, Laurent,
Sembler, Mitchell, Arnall, Starks, Chestnut, King, Sindler, Rudd, Smith,
Futch, Casey, Gordon, Hanson, Arnold, Mortham, Garcia, Littlefield,
Wise, Manrique, Kelly, Couch, Ireland, Merchant, Brown, Thrasher,
Feeney, Mishkin, Kerrigan, D. Saunders, Jacobs, Thomas, Lippman and
Armesto-Garcia-
HB 21-A bill to be entitled An act relating to civil immunity; creating
the Florida Volunteer Immunity Act; providing immunity from civil
liability for certain volunteers; providing exceptions; providing for
application; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Jamerson and Chestnut-
HB 23-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 an implementation date; 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 funds to implement this act; providing for rules;
providing for review and repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Albright-
HB 27-A bill to be entitled An act relating to state-owned conservation
and recreation lands; amending s. 253.023, F.S.; requiring the Department
of Natural Resources to allow and authorizing the department to manage
and control rhesus monkeys on state-owned land in certain circumstances;
requiring population estimates; authorizing specified population control;
authorizing subcontracting; providing nonapplicability of the act to certain
other existing authority and existing contractual agreement of the
department; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Hawkins-
HB 29-A bill to be entitled An act relating to taxation of fuel;
amending s. 336.025, F.S.; authorizing levy of the local option gas tax for
county transportation systems at a higher rate and providing for use of the
revenues therefrom; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

By Representative Healey-
HB 31-A bill to be entitled An act relating to bingo; amending s.
849.0931, F.S.; revising provisions which regulate the conduct of bingo;
providing intent; providing definitions; providing that the Division of Pari-
mutuel Wagering shall supervise bingo activities and specifying powers and
duties of the division; authorizing the conduct of bingo by authorized
organizations; providing for use of bingo proceeds; providing requirements
and conditions for the conduct of bingo; requiring licensing or registration
of such organizations, operators of leased bingo facilities, and distributors
of bingo equipment; providing exemptions; providing for special event
licenses; providing for fees; providing limitations on prizes; providing
requirements regarding the location of games and the lease of premises;
providing requirements for records and reports; prohibiting certain
activities in connection with bingo; providing for revocation or denial of
licenses and registrations and administrative fines; providing a criminal
penalty; providing for injunctions; providing for deposit of moneys
collected in the Pari-mutuel Wagering Trust Fund; providing that the
regulation of bingo is preempted to the state, with certain exceptions;
providing an appropriation and authorizing positions; providing a credit
against first-year license or registration fees and refunds for license fees
previously paid and not refunded; repealing s. 6 of ch. 92-280, Laws of
Florida, which provides for review and repeal of s. 849.0931, F.S.; providing
effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Healey-
HJR 33-A joint resolution proposing amendments to Section 5 of
Article IV and Section 4 of Article VI of the State Constitution relating to
members of the Cabinet.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections.

Referred to the Committee(s) on Education, Finance & Taxation and By Representatives Sindler, Clemons, Smith, Mortham, Valdes,
Appropriations. Armesto-Garcia, Gordon, Reddick, Ogles and Bainter-

By Representatives Feren, Futch and Ogles-
HB 25-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 an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

HB 35-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;
amending ss. 229.592 and 230.23, F.S.; correcting cross references;
providing an effective date.
"First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries and
Appropriations.

February 2, 1993

9

10

JOURNAL OF THE HOUSE

By Representative Jones-
HB 37-A bill to be entitled An act relating to the Department of
Professional Regulation; creating s. 455.2135, F.S.; requiring persons
licensed by the department to include their license number on certain
printed materials and advertising; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation.

By Representative Jones-
HB 39-A bill to be entitled An act relating to health care practitioners;
creating s. 455.2456, F.S.; requiring all boards under the Department of
Professional and Occupational Regulation which regulate health care
practitioners to require by rule for medical malpractice insurance or limits
of financial responsibility with respect to practitioners regulated by the
board; providing a definition; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representatives Hanson and Jacobs-
HB 41-A bill to be entitled An act relating to assault and battery;
amending s. 784.07, F.S.; adding juvenile detention staff and Control
Release Authority officers to the listing of law enforcement officers against
whom commission of assault or battery results in a 1-degree upward
reclassification of the offense; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Hanson and Jacobs-
HB 43-A bill to be entitled An act relating to tobacco products;
creating s. 859.071, F.S.; prohibiting purchase of tobacco products by
persons under 18 years of age; providing for civil citation; providing for
imposition of specified sanctions by the court; providing for application of
penalties to persons who provide funds to an underage person for purchase
of tobacco products; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation and Appropriations.

HB 45-Withdrawn

By Representative Reddick-
HR 47-A resolution commending Captain (Selectee) Charles Bernard
Williams, United States Coast Guard, for his contributions to Florida and
the United States.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representatives Clemons and Jacobs-
HB 49-A bill to be entitled An act relating to early education and child
care; establishing a study committee to recommend certain consolidation;
providing for payment of per diem and expenses; providing membership
of the committee; providing duties of the committee including
recommendation of a plan; restricting the use of certain funds; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Smith-
HB 51-A bill to be entitled An act relating to elections; amending s.
106.08, F.S.; providing that limitations on contributions apply separately
to the first and second primary and general elections only if a candidate
for the office sought is opposed in that particular election; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

E OF REPRESENTATIVES February 2, 1993

Referred to the Committee(s) on Ethics & Elections.

By Representative Smith-
HB 53-A bill to be entitled An act relating to disposition of dead
bodies; amending s. 245.16, F.S.; providing exceptions to the application
of ch. 245, F.S., regulating the disposition of dead bodies or parts thereof;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care.

By Representative Abrams-
HB 55-A bill to be entitled An act relating to Dade County; providing
for the relief of Raul Gutierrez and Julia Gutierrez, parents of the
decedent, Rabsary Gutierrez; authorizing and directing the Dade County
School Board to compensate them for the loss of their daughter, Rabsary
Gutierrez, as a result of the negligence of the Dade County School Board;
providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representatives Futch, Roberts, Posey and Goode-
HB 57-A bill to be entitled An act relating to road designations;
designating a portion of Highway A1A in Brevard County as the Flagg
Hartmann Highway; directing the Department of Transportation to erect
suitable markers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation.

By Representative Bronson-
HB 59-A bill to be entitled An act relating to alcohol and other drug
abuse; amending s. 893.13, F.S.; authorizing the court to provide an
additional assessment for certain violations involving the abuse of alcohol;
amending s. 893.16, F.S.; including alcohol along with drug abuse programs
and providing for the use of the assessment; providing for a County Alcohol
and Other Drug Abuse Trust Fund; providing for a Community Alcohol
and Other Drug Abuse Services Grants and Donations Trust Fund;
amending s. 893.165, F.S.; providing for county alcohol and other drug
abuse treatment or education trust funds; conforming to the act; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services, Finance &
Taxation and Appropriations.

By Representative Bainter-
HB 61-A bill to be entitled An act relating to law enforcement officer
training; creating s. 943.1759, F.S.; requiring the Criminal Justice
Standards and Training Commission to adopt and implement curriculum
revision for basic skills training and continued employment training which
relates to dealing with mentally ill persons, drug-impaired persons, and
alcohol-impaired persons; requiring adoption of rules; requiring a report;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Morroni, Couch, Safley, Ogles, Thrasher, Fuller,
Feeney and Littlefield-
HB 63-A bill to be entitled An act relating to campaign financing;
amending s. 106.29, F.S.; increasing the fine on state and county executive
committees of political parties for submitting late reports of contributions
received and expenditures made; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

JOURNAL OF THE HOUSE

Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representatives Hanson and Thrasher-
HB 65-A bill to be entitled An act relating to fire dogs; amending s.
843.19, F.S.; prohibiting injuring or killing a fire dog under specified
circumstances, for which criminal penalties are provided by law; providing
a definition; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Lippman and Jones-
HB 67-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

HB 69-Withdrawn

By Representatives Rudd and Jacobs-
HB 71-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Appropriations.

HB 73-Withdrawn

By Representative Miller-
HB 75-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representatives Mitchell, Trammell and Jones-
HB 77-A bill to be entitled An act relating to the Department of
Agriculture and Consumer Services; amending ss. 585.002, 372.921, and
372.922, F.S.; providing for exclusive jurisdiction of the department over
the possession and maintenance of ostriches and other ratites; providing
exceptions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture & Consumer Services and
Appropriations.

By Representatives Martinez, Logan, Armesto-Garcia and Feren-
HB 79-A bill to be entitled An act relating to sentencing, excluding
capital felonies; creating the Truth in Sentencing Act of 1993; providing
legislative intent; amending s. 775.084, F.S.; redefining and providing for
enhanced sentencing of habitual felony offenders and habitual violent
felony offenders; stating legislative intent that all cross references to s.
775.084, F.S., refer to that section as amended and enumerating said
references; amending s. 777.04, F.S., relating to criminal attempts,
solicitation, and conspiracy, to conform to the sentencing guidelines
revision; amending s. 921.001, F.S.; providing the purpose of and additional
requirements for the sentencing guidelines that are recommended to the
Supreme Court by the Sentencing Commission; requiring the commission,
with the Department of Corrections, to estimate rates of incarceration in
the state correctional system and make funding and other

February 2, 1993

E OF REPRESENTATIVES 11

recommendations to the Legislature; deleting obsolete provisions
pertaining to alternative sentencing guideline recommendations; deleting
a restriction on appellate review of departure sentences; amending ss.
924.06, 924.07, and 958.04, F.S., relating to appeal by defendant, appeal by
the state, and judicial disposition of youthful offenders, to conform;
creating s. 921.0011, F.S.; providing definitions; creating s. 921.0012, F.S.;
providing sentencing guidelines offense levels based on severity rankings
for specified crimes, including drug trafficking; providing multipliers for
drug trafficking, habitual offender, and Law Enforcement Protection Act
violation; providing additional points for possession of a firearm or
destructive device, and providing for scoring criminal attempt, solicitation,
or conspiracy; creating s. 921.0013, F.S.; providing requirements for
ranking unlisted felony offenses; creating s. 921.0014, F.S.; providing
sentencing guidelines worksheet computations; creating s. 921.0016, F.S.;
providing nonexclusive aggravating and mitigating circumstances
supporting departure by increasing or decreasing the length of the
guidelines sentence; requiring the Sentencing Commission to adopt
procedures for implementing revised sentencing guidelines; amending ss.
775.0823, 775.087, 775.0875, 784.08, 790.161, 790.165, 790.221, 893.13,
893.135, and 893.20, F.S., relating to violent offenses committed against
certain law enforcement officials, possession of a firearm or destructive
device, unlawful taking of a law enforcement officer's firearm, assault or
battery on persons 65 years of age or older, unlawful activities involving
destructive devices, planting of hoax bombs, unlawful possession of certain
guns, controlled substances violations, trafficking violations, and
continuing criminal enterprise; deleting provisions relating to mandatory
minimum sentences and certain release, to conform to the sentencing
guidelines revision; amending s. 944.275, F.S.; prohibiting the granting of
basic gain-time for offenses committed after a specified date; prohibiting
the granting of control release or provisional credits on or after a specified
date; providing eligibility for consideration for control release or parole
under certain circumstances; amending s. 775.082, F.S.; revising the first
degree felony penalty provision; providing a listing of statutory cross
references to s. 775.084, F.S., and a directive to the Division of Statutory
Revision; providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Pruitt, Sembler, Ogles and Armesto-Garcia-
HB 81-A bill to be entitled An act relating to crime victim assistance;
amending s. 960.07, F.S.; extending the period of time for filing claims of
minors who are victims of sexual offenses and incest for crime victims'
compensation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Wise, Valdes, Stafford, Albright, McClure, Bainter,
Starks, Couch, Jones, Fuller, Bitner, Casey, Sublette and Feren-
HB 83-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

By Representatives Bronson, Smith and Sembler-
HB 85-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.
First reading by publication (Art. III, s. 7, Florida Constitution).

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committee(s) on Agriculture & Consumer Services.

By Representatives Bainter, Feeney, Buddy Johnson and Webster-
HB 87-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 a part-time elected official; amending s. 121.052, F.S.;
deleting reference to part-time elected officials from the membership class
of elected state and county officers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representatives Cosgrove, Rush, Valdes, Garcia, Rayson, Healey,
Sindler, Villalobos, Bloom, De Grandy, Merchant, Arnall, Reddick,
Armesto-Garcia, Jones, Albright, King, Fuller, Wise, Feeney, Thrasher,
Dennis, Hill, Roberts, Stafford, Clemons, Martinez, Kerrigan, Sembler,
Lippman, Hawkes, Pruitt, Rojas, Lawson, Hafner and Jacobs-
HB 89-A bill to be entitled An act relating to law enforcement officers;
amending s. 112.531, F.S.; including deputy sheriffs within the term "law
enforcement officer" for purpose of law relating to rights of law
enforcement officers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representatives King, Arnall, Dennis, Hill, Crady and Thrasher-
HB 91-A bill to be entitled An act relating to the civil service system
of the City of Jacksonville; amending s. 1 of ch. 92-341, Laws of Florida;
eliminating restrictions on copension contributions of employees whose
positions were funded by grants, permitting the city to make payment for
such contributions from city funds; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Employee &
Management Relations.

By Representatives King, Arnall, Dennis, Hill, Crady and Thrasher-
HB 93-A bill to be entitled An act relating to the Charter of the City
of Jacksonville; amending Article 16 of Chapter 92-341, Laws of Florida,
being the Charter of the City of Jacksonville, to provide that police and
correctional 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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Employee &
Management Relations and Appropriations.

By Representative Arnold-
HB 95-A bill to be entitled An act relating to the Florida Retirement
System; amending s. 121.051, F.S.; authorizing the governing body of a city
to purchase continued membership in the Special Risk Class of the system
for the city's police chief, under certain conditions; providing for
retroactive application; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representatives Reddick and Jacobs-
HR 97-A resolution commending the National Black Nurses
Association for its contributions to African-American nurses and to health
care for African-Americans and other minorities.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Rules & Calendar.

By Representative Reddick-
HR 99-A resolution commending David B. Henson, Ph.D., for his
contributions to the history of Jones High School, Orlando, Florida, and
his contribution to education as an instructor, author, and administrator
at institutions of higher learning.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representatives Feeney, Sindler, Buddy Johnson, Hawkes, Couch,
Bronson, Starks, Sembler, Arnall, Wise, Sanderson, Jones, Morse, Brown,
Futch, Fuller, Safley, Greene, Sublette, De Grandy, Bainter, Morroni,
Valdes, Healey, Armesto-Garcia, Littlefield, Posey, Casey, Mishkin,
Tedder, Kerrigan and Mortham-
HB 101-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) .on Community Affairs and
Appropriations.

By Representatives Sindler, Arnall, Wise, King, Sanderson, Schultz,
Glickman, Lawson, McClure, McMahan, Pruitt, Webster, Rojas, Hawkins,
Armesto-Garcia, Albright, Brown, Hafner, Roberts, Graber, Merchant and
Ireland-
HB 103-A bill to be entitled An act relating to animals; amending s.
767.11, F.S.; redefining the term "severe injury" for the purpose of laws
relating to damage by dogs; amending ss. 767.12 and 767.13, F.S.; revising
procedures for classifying dogs as dangerous; providing for appeal with
respect to the classification of a dog as dangerous or to the confiscation of
a dog; providing an exception to the requirement to keep a dangerous dog
muzzled and on a leash; prohibiting the destruction of a dog while an
appeal is pending; 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; restricting
authority of lay persons to perform such euthanasia; providing a penalty;
amending s. 828.122, F.S.; deleting requirement that an animal be held
pending disposition of certain charges; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture & Consumer Services and
Appropriations.

By Representatives Sindler, Reddick, Feeney, Constantine, Couch,
Posey, Webster, Starks, Sublette, Arnold, Rayson, Dawson, Rojas, Tobin,
Kelly, Laurent, Glickman, Thrasher, Goode, Bainter, McClure, Mitchell,
D. Saunders, Buddy Johnson, Ogles, Bitner, Kerrigan, Bronson, Smith,
Stabins, Rudd, Pruitt, Wallace, Boyd, Sembler, Albright, Roberts,
McMahan, Cosgrove, King, Armesto-Garcia. Littlefield, Garcia, Lawson,
Stafford, Casey, Klein, Simon, Jamerson, Safley, Jones, Burke, Benson,
Manrique, Brown, Upchurch, Bullard, Eggelletion, Geller, Mackey,
Villalobos and Martinez-
HB 105-A bill to be entitled An act relating to the municipal public
service tax; amending s. 166.231, F.S.; authorizing municipalities to exempt
the purchase of metered or bottled gas or fuel oil for agricultural purposes
from the tax; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

12

February 2, 1993

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representatives Arnall, King, Crady, Hill, Dennis and Thrasher-
HB 107-A bill to be entitled An act relating to the City of Jacksonville
Beach, Duval County; amending chapter 27643, Laws of Florida, 1951, as
amended, relating to the employees' retirement system of the City of
Jacksonville Beach; providing optional participation by executive and
department head employees; excluding temporary employees and police
officers from participation in the retirement system; providing a limitation
upon the period during which retirement benefits may be delayed;
modifying the conditions for the suspension of payment of retirement
benefits; modifying conditions for and amounts of disability retirement;
proscribing payment of benefits in excess of amount allowable under
Internal Revenue Code; specifying that retirement system is an irrevocable
trust; limiting the rights of the city members and beneficiaries to
retirement system assets; authorizing engagement of investment managers
and requiring same to serve as named fiduciary; authorizing engagement
of custodian to hold funds and securities; acknowledging approval of
placement of income from chapters 175 and 185, Florida Statutes, by a
majority of firefighters and by a majority of police officers; requiring that
contributions fully fund expected costs of benefits; providing for direct
transfers of eligible rollover contributions; modifying provisions relating to
the retirement system's rights of subrogation; providing procedures to be
followed upon merger or termination of the retirement system; providing
optional participation by executive and department head employees;
providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Employee &
Management Relations and Appropriations.

By Representatives Bainter, Kelly, Sindler and Webster-
HB 109-A bill to be entitled An act relating to Lake County; providing
career service status for certain employees of the Lake County Sheriff;
providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Employee &
Management Relations.

By Representative Geller-
HB 111-A bill to be entitled An act relating to venue in criminal cases;
amending s. 910.03, F.S.; authorizing requests for change of venue based
on public safety considerations in certain circumstances; requiring the
Supreme Court to adopt standards, including demographic similarity
standards; providing an effective date, and providing applicability to
pending cases.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Bitner-
HB 113-A bill to be entitled An act providing for the relief of Robert
Connors and Rose Bean, on behalf of Jason Crisante, surviving son of
Cathy Connors Crisante, who died as a result of an accident involving a
Charlotte County Sheriff's Department vehicle; providing an
appropriation; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Jones and Bainter-
HB 115-A bill to be entitled An act relating to construction
contracting; amending s. 489.105, F.S.; defining the term "hard tile and
marble contractor"; providing for the term to be included within the
definition of specialty contractor for purposes of part I of chapter 489, F.S.;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Reddick-
HR 117-A resolution commending Reverend Samuel L. Green, Senior,
for his contributions to the spiritual growth within the State of Florida.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representatives Hawkins, Harris, Ireland and Rojas-
HCR 119-A concurrent resolution designating Collier County as
Purple Martin Capital of Florida.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

By Representatives Smith and McClure-
HB 121-A bill to be entitled An act relating to the office of supervisor
of elections; creating ss. 98.1611, 98.1613, 98.1614, 98.1615, 98.1616,
98.1617, and 98.1619, F.S.; providing for the nonpartisan election of
supervisors of elections; providing qualifying procedures, including fees
and oaths; providing for write-in candidates; providing the form of the
ballot; providing for determination of election to office; providing
limitations on political activity; providing a penalty; providing
applicability of election code; amending ss. 99.021, 99.061, 99.092, 101.141,
101.151, 101.251, and 101.252, F.S., relating to candidate oath, qualifying
procedures and fees, ballot format, and names on the ballot, to conform;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representative Ireland-
HB 123-A bill to be entitled An act relating-to the Florida Retirement
System; amending s. 121.0515, F.S.; adding to the Special Risk Class of
membership certain emergency medical technicians and paramedics;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representative Hanson-
HB 125-A bill to be entitled An act relating to firearms; amending s.
790.001, F.S.; revising the "antique firearm" exception applicable to the
definition of "firearm"; providing that antique firearms are not included in
the meaning of "firearm" unless used in the commission of a crime;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice.

By Representatives Rayson, Tobin, Lippman, Feren, Schultz and
Stafford-
HB 127-A bill to be entitled An act relating to vehicular accidents that
result in death or personal injury; amending s. 316.027, F.S.; increasing the
penalty imposed on a driver who fails to stop and remain at the scene of
such accident if the accident results in a death; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative R. Saunders-
HB 129-A bill to be entitled An act relating to taxation of fuel;
amending s. 336.025, F.S.; providing an additional authorized use for the
revenues from the local option gas tax for county transportation systems;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

February 2, 1993

13

14 JOURNAL OF THE HOUSE

By Representative Miller-
HB 131-A bill to be entitled An act relating to small and minority
business enterprise programs; amending s. 287.0943, F.S.; permitting,
rather than requiring, local governments to accept certain minority
businesses with respect to procurement of personal property and services;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Economic Development and
Appropriations.

By Representative Clemons-
HB 133-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Healey-
HJR 135-A joint resolution proposing amendments to Sections 10 and
11 of Article V of the State Constitution relating to the selection of judges.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Wise-
HB 137-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, 397.406, 397.407, 397.409, 397.411, 397.415, 397.419,
397.427, 397.431, 397.451, 397.461, 397.471, 397.481, 397.501, 397.581,
397.601,397.675,397.6751,397.6752,397.6758, 397.6759, 397.677, 397.6771,
397.6772, 397.6773, 397.6774, 397.6775, 397.679, 397.6791, 397.6793,
397.6795, 397.6797, 397.6798, 397.6799, 397.681, 397.6811, 397.6814,
397.6815, 397.6818, 397.6819, 397.6821, 397.6822, 397.693, 397.695,
397.6951, 397.6955, 397.6957, 397.697, 397.6971, 397.6975, 397.6977,
397.701, 397.702, 397.705, 397.706, 397.752, 397.753, 397.754, 397.801,
397.811,397.821, and 397.901, F.S.; creating the "Hal S. Marchman Alcohol
and Other Drug Services Act of 1993"; providing legislative findings, intent,
and purpose; providing definitions; providing duties of the Department of
Health and Rehabilitative Services; providing licensure requirements,
including applications, fees, and exemptions, and providing criminal
penalties and injunctive relief for violations; providing for joint regulation
of certain state-operated programs; 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 service provider records; providing for
review and repeal; providing for need determinations and selection of
medication treatment providers and injunctions against unlawful
operation; providing client responsibility for cost of services and requiring
certain providers to establish 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 or
developmentally disabled clients, and providing certain exemptions and
certain disqualification from receiving state funds; providing criminal
penalties for unlawful activities relating to personnel; requiring
fingerprinting and providing exceptions; providing for confidentiality of
personnel information; providing for review and repeal; establishing
service provider owner, director, personnel, and facility standards;
providing applicability of Community Alcohol, Drug Abuse, and Mental
Health Services Act; establishing the rights of clients, including the rights
to judicial petition and habeas corpus and to counsel; providing for
confidentiality of client records and providing exceptions; providing for
review and repeal; providing for voluntary admission for substance abuse
impairment services; forbidding local ordinances affecting substance abuse

1

E OF REPRESENTATIVES February 2, 1993

impairment and providing a limited exception and petition 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; providing for
inmate substance abuse services and providing definitions and duties of
the Department of Corrections; requiring coordination of substance abuse
services delivery and establishing the positions of statewide and
departmental coordinators; 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), 402.3057,409.1757,490.014(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; amending s. 394.90, F.S.; authorizing the department to accept
accreditation for mental health providers in lieu of department inspection;
repealing ss. 396.012, 396.022, 396.0429, 396.062, 396.072, 396.082, 396.092,
396.102, 396.105, 396.106, 396.112, 396.122, 396.131, 396.141, 396.151,
396.1515, 396.161, 396.173, 396.174, 396.175, 396.176, 396.177, 396.178,
396.179, 396.1815, 396.182, 396.052, 396.172, 396.1725, 396.032, 396.042,
396.0427, 396.181, 396.0425, 396.0815, 396.125, 396.1819, 396.1816,
396.1817, and 396.1818, 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; repealing sections 28 and 29 of ch.
83-245, Laws of Florida, and section 27 of ch. 88-398, Laws of Florida;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services, Finance &
Taxation and Appropriations.

By Representatives Ritchie and Webster-
HB 139-A bill to be entitled An act relating to health care cost
containment; repealing s. 407.60, F.S., relating to charges for radiation
therapy procedures; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Rush-
HB 141-A bill to be entitled An act relating to hospitals; amending s.
395.0191, F.S.; prohibiting denial, restriction, revocation, or termination of
staff membership or clinical privileges solely on the basis of economic
criteria; requiring establishment of standards and procedures for
considering a proposal to close a medical staff department or award or
renew an exclusive contract for physician or practitioner services;
providing for notice to and due process for physicians and practitioners
affected by such closure or contract; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

JOURNAL OF THE HOUSI

Referred to the Committee(s) on Health Care and Appropriations.

By Representative Tobin-
HB 143-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Smith-
HB 145-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representative Cosgrove-
HJR 147-A joint resolution proposing amendments to Sections 10 and
11 of Article V of the State Constitution relating to the selection of judges.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Cosgrove-
HB 149-A bill to be entitled An act relating to ticket scalping;
amending s. 817.36, F.S.; prohibiting the collection of charges in excess of
the retail admission price for certain tickets to any sporting exhibition,
athletic contest, theater, or other exhibition where admission fees are
charged; providing a penalty; providing exceptions; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

HB 151-Withdrawn

By Representative Hanson-
HB 153-A bill to be entitled An act relating to prostitution-related
offenses and activities; 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;
reenacting s. 893.138(1), F.S., relating to prostitution-related public
nuisances, to incorporate the amendment to s. 796.07, F.S., in a reference
thereto; amending s. 381.004, F.S., relating to testing for HIV, to correct
a cross reference and to clarify language; amending s. 384.29, F.S., relating
to confidentiality, to incorporate the amendment to s. 796.08, F.S., and to
clarify language; amending s. 796.09, F.S., to incorporate the amendment
to s. 796.07, F.S., and to clarify language; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Cosgrove-

February 2, 1993

E OF REPRESENTATIVES 15

HR 155-A resolution commemorating the 60th anniversary of the
opening of the First National Bank of Homestead.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representative Martinez-
HB 157-A bill to be entitled An act relating to public facilities;
amending s. 287.055, F.S.; excluding certain developers from the definition
of agency under the Consultants' Competitive Negotiation Act; amending
s. 380.06, F.S.; exempting construction or design of certain public facilities
from competitive bidding or negotiation requirements with respect to local
government development orders under certain circumstances; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

By Representative Jamerson-
HB 159-A bill to be entitled An act relating to the Commission on
Juvenile Justice; amending s. 39.023, F.S.; revising the membership,
qualifications, officers, terms, staff, and placement of the commission;
clarifying language; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Starks-
HB 161-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Tobin-
HB 163-A bill to be entitled An act relating to Broward County;
providing for the relief of Daniel Baker, to compensate him for serious and
permanent personal injuries sustained as a result of the negligence of an
employee of Broward County; providing for payment by the Board of
County Commissioners of Broward County; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Martinez-
HB 165-A bill to be entitled An act relating to civil actions for theft;
amending ss. 772.104 and 772.11, F.S., relating to the cause of action and
the remedy; clarifying language and deleting entitlement to recover
minimum damages, and reenacting s. 550.63(10), F.S., relating to
intertrack wagering, to incorporate said amendments in references thereto;
saving pending actions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice.

By Representative Reddick-
HB 167-SF-A bill to be entitled A proposal relating to funding for
state tourism promotion.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Economic Development,
Finance & Taxation and Appropriations.

By Representative Jamerson-
HB 169-A bill to be entitled An act relating to Medicare beneficiaries;
creating s. 455.2456, F.S.; creating the Health Practitioners Medicare Fee
Control Act of 1993; providing legislative findings and a declaration of
policy that a health care provider shall not charge a Medicare beneficiary

16 JOURNAL OF THE HOUSE

more than the Medicare reasonable charge; providing definitions;
prohibiting health care practitioners from balance billing; providing
penalties; providing penalties for subsequent violations; providing for
disposition of fines; requiring health care practitioners to provide notice of
the prohibition against balance billing; directing the Agency for Health
Care Administration to compose, print, and distribute signs, including
signs in languages other than English; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Clemons-
HB 171-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; amending s.
832.07, F.S.; providing that state attorneys shall not prosecute or divert
from prosecution worthless check violations in certain circumstances;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives McAndrews, Jacobs and Rayson-
HB 173-A bill to be entitled An act relating to elections; amending s.
99.092, F.S.; requiring candidate qualifying fees to be paid by cashier's
check purchased from campaign account funds; amending s. 106.11, F.S.,
relating to expenditures from campaign accounts, to conform; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections.

By Representatives Sindler, Simon, Glickman, Martinez, Jamerson,
Hanson, Sanderson, Stafford, Long, Gordon, Hawkes, Reddick, Logan,
Kelly, McMahan, Pruitt, Rojas, Healey, De Grandy, Armesto-Garcia,
Brown, Trammell, Roberts, Rush, Cosgrove, Chestnut, Villalobos and
Couch-
HB 175-A bill to be entitled An act relating to substance abuse
punishment; amending s. 893.13, F.S.; adding certain Schedule I controlled
substances to the minimum mandatory sentence provisions prohibiting
sale, purchase, manufacture, delivery, or possession with intent to sell,
purchase, manufacture, or deliver a controlled substance within 1,000 feet
of certain schools; authorizing probation alternatives for persons convicted
of second and third degree felonies for certain drug crimes; amending s.
921.187, F.S.; authorizing sentencing alternatives for persons convicted of
second and third degree felonies for certain drug crimes; amending s.
948.001, F.S.; providing a definition; creating s. 948.034, F.S.; providing for
placement on probation with set conditions; authorizing residential
supervision in a community residential drug punishment center in certain
circumstances; providing penalties for violation of probation; providing for
reports; providing for the Department of Corrections to adopt rules;
amending s. 948.04, F.S.; exempting drug probationers from time limit;
providing for fines; providing an alternative for persons unable to pay fines;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

HB 177-Withdrawn

By Representative Abrams-
HB 179-A bill to be entitled An act relating to motor vehicle dealers;
amending s. 320.64, F.S.; providing an additional ground for which a license
may be denied, suspended, or revoked; providing an effective date.
First reading by publication (Art. III, s. 7, Florida'Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representative Morse-
HB 181-A bill to be entitled An act relating to taxation of fuel;
amending s. 161.091, F.S., and creating s. 161.105, F.S.; providing for award
of grants by the Department of Natural Resources for projects relating to

I]

E OF REPRESENTATIVES February 2, 1993

marine research and improvement; amending s. 163.3184, F.S.; correcting
a reference; amending ss. 212.61 and 212.69, F.S.; providing for deposit in
the Beach Management Trust Fund of a portion of the tax on the sale of
fuels equal to the amount of taxes collected from sales at marinas to fund
such grants; 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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Morse-
HB 183-A bill to be entitled An act relating to condominiums;
amending s. 718.112, F.S.; providing for an additional required provision
in condominium bylaws to provide a procedure for the supervision of
elections by the Department of Business Regulation; providing a fee;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation and
Appropriations.

By Representative McAndrews-
HB 185-A bill to be entitled An act relating to suits against persons
who contact public entities or speak out on public issues; providing, under
certain circumstances, civil immunity for a person who communicates a
complaint or information to a public entity regarding a matter of concern
to that entity, or who expresses an opinion or belief concerning a public
issue that affects the person; providing for recovery of costs and attorney's
fees by a prevailing defendant in a suit for damages under these
circumstances; providing that the public entity or the Attorney General
may intervene in and defend against any suit for damages arising out of the
communication made to the public entity; providing for recovery of the
costs and attorney's fees incurred by the public entity or Attorney General
in establishing the defense; providing that a prevailing plaintiff is entitled
to recover costs and reasonable attorney's fees from the public entity or
Attorney General; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Arnold-
HB 187-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation and
Appropriations.

HB 189-Withdrawn

By Representative Bainter-
HB 191-A bill to be entitled An act relating to ad valorem tax
exemptions; amending s. 196.081, F.S.; providing that the homestead
exemption for totally and permanently disabled veterans shall carry over
to the benefit of a veteran's widow or widower who holds a life estate in the
property; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

JOURNAL OF THE HOUSE]

Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representative Glickman-
HB 193-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Glickman-
HB 195-A bill to be entitled An act relating to referenda; amending
s. 16.061, F.S.; expanding the scope of the Supreme Court's review of
initiative petitions to include review for compliance with the United States
Constitution and federal law; amending s. 101.161, F.S.; authorizing the
Supreme Court to amend the ballot language of a constitutional
amendment or other public measure; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections.

By Representative Glickman-
HB 197-A bill to be entitled An act relating to health care providers;
amending s. 455.238, F.S.; defining the additional amount of charges that
constitutes a prohibited markup for services rendered by another; deleting
authority to charge a handling fee; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Glickman-
HB 199-A bill to be entitled An act relating to medical practice;
amending s. 455.2141, F.S.; modifying a continuing education requirement;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Glickman-
HB 201-A bill to be entitled An act relating to postsecondary
education; amending s. 240.551, F.S., relating to the Florida Prepaid
Postsecondary Education Expense Program; revising provisions relating to
the application of plans to independent colleges or universities; authorizing
the application of benefits of an advance payment contract toward an
eligible out-of-state college or university; providing conditions; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

HB 203-Withdrawn

By Representative Pruitt-
HR 205-A resolution declaring March 2, 1993, as Treasure Coast Day
in Tallahassee.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representative Dennis-
HB 207-A bill to be entitled An act providing for the relief of Teresa
Green, formerly known as Teresa Robinson, as personal representative of
the estate of Annette Robinson, to compensate her and her seven siblings
for the death of their mother, Annette Robinson, due to the negligence of
the University Medical Center, Inc., Duval County, and the Board of
Regents of the State of Florida; providing an appropriation; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

February 2, 1993

HB 219-A bill to be entitled An act relating to recreational lands;
providing legislative intent; providing that owners of certain property owe
no duty of care under certain circumstances; providing criteria for
limitation of certain liabilities; providing for applicability; providing for
liability under certain circumstances; providing construction; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Mortham-
HB 221-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation and Appropriations.

E OF REPRESENTATIVES 17

Referred to the Committee(s) on Judiciary.

By Representative Chestnut-
HB 209-A bill to be entitled An act for the relief of the University of
Florida; providing an appropriation to compensate the University of
Florida for expenses incurred in the emergency medical evacuation and
treatment of Wendy Townsend, a person severely injured while conducting
doctoral research in a Bolivian rain forest; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Mitchell-
HB 211-A bill to be entitled An act relating to saltwater fishing
licenses; amending s. 370.0605, F.S.; deleting requirements for increased
fees for residents of states contiguous to Florida; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Healey-
HB 213-A bill to be entitled An act relating to assault or battery on
specified officers; amending s. 784.07, F.S.; adding juvenile detention staff
to the specified officers upon whom an assault or battery offense is
reclassified upward by one degree; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Kelly-
HB 215-A bill to be entitled An act relating to license fees for
motorcycles, motor-driven cycles, mopeds, and trucks; amending s. 320.08,
F.S.; redefining "antique truck"; restricting the use of safety education fees
derived from the registration of motorcycles, motor-driven cycles, and
mopeds to funding the Florida Motorcycle Safety Education Program;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

By Representatives Bronson, Bainter and Ascherl-
HB 217-A bill to be entitled An act relating to motor vehicle titles;
amending s. 319.231, F.S.; providing an additional exemption to the
required impact fee on original certificates of title; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

By Representative Bainter-

18 JOURNAL OF THE HOUSE

By Representative Rudd-
HB 223-A bill to be entitled An act relating to arrests; creating s.
901.151, F.S.; providing for immunity from civil liability with respect to
certain arrests; amending s. 901.15, F.S.; deleting language with respect to
immunity from civil liability for making an arrest; amending ss. 741.29 and
943.1702, F.S.; correcting cross references; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Miller-
HB 225-A bill to be entitled An act relating to taxation of fuels;
amending s. 206.47, F.S.; providing for use of the surplus constitutional gas
tax funds distributed to counties; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

HB 227-Withdrawn

By Representative Morse-
HB 229-A bill to be entitled An act relating to massage practice;
amending s. 480.034, F.S.; exempting persons practicing the art of
reflexology from regulation under the Massage Practice Act; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representatives De Grandy, Manrique, Villalobos, Morse, Kelly,
Jones, Rush, Schultz, Abrams, Cosgrove, Couch, Greene, Lippman, Jacobs,
Barreiro, Mitchell, Feren, Pruitt, Bullard, Gordon, Garcia, Healey,
Mackenzie, Dawson, Armesto-Garcia, D. Saunders and Sanderson-
HB 231-A bill to be entitled An act relating to breast feeding;
encouraging breast feeding and authorizing breast feeding in public;
amending ss. 800.02 and 800.03, F.S.; clarifying language and providing
that breast feeding a baby does not violate prohibitions against unnatural
and lascivious acts or exposure of sexual organs, and reenacting s.
933.18(7)(b) and (c), F.S., relating to search warrants, to incorporate said
amendments in references thereto; amending s. 800.04, F.S.; clarifying
language and providing that breast feeding a baby does not violate
prohibitions against lewd, lascivious, or indecent conduct in the presence
of a child; amending s. 847.001, F.S.; providing that breast feeding a baby
does not violate prohibitions against obscenity, is not harmful to minors,
and does not constitute unlawful nudity or sexual conduct, and reenacting
s. 847.0133(1), F.S., relating to protection of minors, to incorporate said
amendment in a reference thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice.

By Representatives Sembler and Posey-
HR 233-A resolution expressing sorrow over the loss of Deputy
Corporal Richard Raczkoski of the Indian River County Sheriff's
Department.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representatives Sembler and Posey-
HB 235-A bill to be entitled An act relating to the City of Sebastian,
Indian River County; authorizing the acquisition of an alcoholic beverage
license by the city to be used in connection with the city's municipal
recreational complex, including the city's golf course, and improvements
connected with the use of the same; providing for terms and privileges of
renewal; providing that such license may be transferred to a lessee or
permitted who is a qualified applicant therefore, for the operation of a
business by said lessee or permitted under such license in or at any
clubhouse, restaurant, and cocktail lounge, and similar premises at said
complex; providing that said license shall remain the exclusive property of
the city, and upon termination of the contract with any such lessee or

3]

E OF REPRESENTATIVES February 2, 1993

permitted said license shall revert to the city by operation of law; providing
that said license shall not be subject to any quota or limitation but shall
be an exception to such restrictions; providing for severability; providing
an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Regulated
Industries.

By Representatives Sembler, Hawkes and Posey-
HB 237-A bill to be entitled An act relating to crime victim assistance;
amending s. 960.07, F.S.; revising the period of time within which a claim
for compensation must be filed; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Rojas and Armesto-Garcia-
HB 239-A bill to be entitled An act relating to road designations;
designating a portion of West 49th Street in Hialeah as Sergeant Pedro
"Pete" Cainas Drive; directing the Department of Transportation to erect
suitable markers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation.

By Representatives Rojas and Armesto-Garcia-
HB 241-A bill to be entitled An act relating to interest rates; amending
ss. 55.03 and 687.01, F.S., relating to rate of interest on judgments and rate
of interest in the absence of a contract; providing a 9 percent rate on and
after October 1, 1993, and reenacting ss. 68.065(2), 100.011(4)(b), 218.335,
376.121(11)(c), 409.2584, 517.211(1), 602.065(5)(b), 715.12(5)(a), 960.17(4),
391.208(1)(d), 400.419(1)(e), 400.5565(1)(d), 563.022(20)(e), and
686.407(5), relating to worthless checks, elections expenses, units of local
government, damage to natural resources, support obligations, unlawful
sale, citrus canker claims, construction contracts, victim awards, PPEC
centers, facility violations, adult day care center fines, beer distributors
and manufacturers, and termination of franchise agreements, to
incorporate said amendments in references thereto; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Rojas and Armesto-Garcia-
HB 243-A bill to be entitled An act relating to elections; amending ss.
100.061 and 100.091, F.S.; changing the dates of the primary elections;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections.

By Representatives Rojas and Armesto-Garcia-
HB 245-A bill to be entitled An act relating to elections; amending s.
102.031, F.S.; expanding the area at each polling place within which
solicitation of voters is prohibited on election day; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections.

By Representative Hawkins-
HB 247-A bill to be entitled An act relating to investments of state
money; amending s. 18.10, F.S.; authorizing the Treasurer to invest state
moneys in certain additional types of investments; amending ss. 280.02 and
280.03, F.S.; deleting certain restrictions on investing public money in
certificates of deposit; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations, Finance &
Taxation and Appropriations.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Harris-
HB 249-A bill to be entitled An act relating to seed; amending ss.
575.02 and 575.10, F.S.; providing for certification of seedlings and
propagating materials; expanding purpose of ch. 575, F.S.; amending s.
575.04, F.S.; providing for unlawful labeling; amending ss. 575.05 and
578.11, F.S.; deleting requirement for certain notice of rulemaking; deleting
requirement for approval and supervision of personnel by the State
Chemist; amending s. 578.09, F.S.; revising a labeling requirement for
agricultural seed and certain vegetable seed; amending s. 578.22, F.S.;
providing for use of fees; creating s. 578.30, F.S.; creating the Seed
Technical Council within the Department of Agriculture and Consumer
Services; providing for membership, powers and duties, meetings, and
records; authorizing per diem and travel expenses for members; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture & Consumer Services and
Appropriations.

By Representatives Logan, Armesto-Garcia, Manrique, Cosgrove,
Eggelletion, Burke, Graber, Lawson, Ritchie, Edwards, Roberts, Hafner,
Mishkin, Rojas, Rush, Clemons, Smith, Chestnut, Hill, Jamerson and
Dennis-
HB 251-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representative Brown-
HB 253-A bill to be entitled An act relating to public records and
meetings; 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 and the Department of Law Enforcement, firefighters, justices,
and judges; amending s. 281.301, F.S.; clarifying the exemptions from
public records and public meetings requirements for information about
certain security systems; authorizing the release of information under
certain conditions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations.

Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Littlefield-
HB 259-A bill to be entitled An act relating to payment bonds on
public construction projects; amending s. 255.05, F.S.; adding language
clarifying that the 1-year limitation period is applicable only to payment
bonds and payment provisions of combined payment and performance
bonds; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representative Clemons-
HB 261-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.

By Representatives Peeples, Bloom, Charles, Buddy Johnson and First reading by publication (Art. III, s. 7, Florida Constitution).

Tedder-
HB 255-A bill to be entitled An act relating to investment of public
funds; amending ss. 125.31, 166.261, 218.345, 219.075, 236.24, F.S.;
authorizing certain additional investments of surplus public funds by
certain governmental entities; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations, Finance &
Taxation and Appropriations.

By Representative Feren-
HB 257-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.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Hawkes and Bronson-
HM 263-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services.

By the Committee on Business & Professional Regulation;
Representative Tobin-
HB 265-A bill to be entitled An act relating to livestock markets;
saving ss. 534.47-534.53, F.S., relating to the regulation of livestock
markets, from Sunset repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

February 2, 1993

19

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committee(s) on Appropriations.

By the Committee on Business & Professional Regulation;
Representative Tobin-
HB 267-A bill to be entitled An act relating to the sale of leaf tobacco;
saving ch. 574, F.S., relating to the sale of leaf tobacco, from Sunset repeal;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Appropriations.

By the Committee on Business & Professional Regulation;
Representative Tobin-
HB 269-A bill to be entitled An act relating to the Nongame Wildlife
Advisory Council; saving s. 372.992, F.S., relating to said council, from
Sundown repeal; providing for future review and repeal; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Appropriations.

By the Committee on Business & Professional Regulation;
Representative Tobin-
HB 271-A bill to be entitled An act relating to the Florida Panther
Technical Advisory Council; saving s. 372.673, F.S., relating to
establishment of the council, from Sundown repeal; providing for future
review and repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Appropriations.

Referred to the Committee(s) on Judiciary.

By Representative Smith-
HB 281-A bill to be entitled An act relating to the relief of certain
members of the Florida National Guard; providing an appropriation to
compensate them for property damage to their vehicles while they were on
military duty during Hurricane Andrew; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Smith-
HB 283-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 civil trial jury solely because of deafness or hearing
impairment; providing applicability; 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 shall not be the sole
ground for challenging a juror in a civil action; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Hawkins-
HJR 285-A joint resolution proposing an amendment to Section 4 of
Article VII and the creation of Section 21 of Article XII of the State
Constitution relating to ad valorem tax assessment.
First reading by publication (Art. III, s. 7, Florida Constitution).

By the Committee on Business & Professional Regulation; Referred to the Committee(s) on Finance & Taxation and
Representative Tobin- Appropriations.

HB 273-A bill to be entitled An act relating to the Motion Picture,
Television, and Recording Industry Advisory Council; repealing s. 20.17(3),
F.S., relating to creation of the council, pursuant to scheduled Sundown
repeal; amending s. 288.03, F.S., to conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Economic Development and
Appropriations.

By Representative Schultz-
HB 275-A bill to be entitled An act relating to Broward County;
providing for the relief of Angela Lee Nelson and Carl Nelson, as natural
parents of Brittany Lee Nelson, the latter who sustained injuries as a result
of the negligence of the South Broward Hospital District, d.b.a. Memorial
Hospital; providing an appropriation; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representatives Sembler and Posey-
HB 277-A bill to be entitled An act for the relief of R.M., a single
woman; providing an appropriation to compensate her for injuries and
damages sustained as the result of a violent rape; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Sanderson-
HB 279-A bill to be entitled An act for the relief of Diane Stampler;
providing an appropriation to compensate her for injuries she sustained in
an accident caused by the negligence of the Department of Health and
Rehabilitative Services; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Morroni-
HB 287-A bill to be entitled An act relating to insurance; amending
s. 627.4137, F.S.; authorizing certain enforcement actions to compel
production of certain information under certain circumstances; providing
an entitlement to injunctive relief and damages under certain
circumstances; providing for priority of such actions; providing for
enforcement costs and attorney's fees; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representative Hawkins-
HB 289-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

February 2, 1993

20

JOURNAL OF THE HOUSE]

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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

HB 291-Withdrawn

By Representative Jamerson-
HJR 293-A joint resolution proposing the creation of Section 24 of
Article I of the State Constitution, relating to minimum wage.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representatives Ogles and Pruitt-
HB 295-A bill to be entitled An act relating to trust funds; creating
the Trust Fund Sunset Review Commission; providing for its membership
and duties; creating s. 17.311, F.S.; requiring an annual report from the
Comptroller to the commission; providing for the review of trust funds and
recommendations to the Legislature; providing that certain trust funds are
to be abolished in accordance with a specified schedule; amending s.
216.031, F.S., relating to information provided in the agency legislative
budget requests; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

HB 297-Withdrawn

By Representative Mishkin-
HB 299-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representatives Greene and Lawson-
HB 301-A bill to be entitled An act relating to general labor
regulation; creating s. 448.110, F.S.; authorizing private sector employees
to inspect, examine, and duplicate their personnel files; providing a
remedy; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representatives Ogles, Littlefield and Miller-
HB 303-A bill to be entitled An act relating to emergency
preparedness; creating the Florida Institute of Emergency Preparedness
Planning and Disaster Management Act; providing legislative intent;
providing funding; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and
Appropriations.

By Representative Cosgrove-
HB 305-A bill to be entitled An act relating to the North Broward
Hospital District, Broward County; providing for the relief of Jaharvis
Jamal Frazier, a minor, by and through his mother and next friend, Lillie
Willis, as court-appointed plenary guardian, for injuries he sustained as a
result of the negligence of the North Broward Hospital District; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

February 2, 1993

E OF REPRESENTATIVES 21

Referred to the Committee(s) on Judiciary.

By Representatives De Grandy and Armesto-Garcia-
HB 307-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Charles-
HB 309-A bill to be entitled An act relating to outdoor advertising;
amending s. 479.26, F.S.; providing that specific information panels shall
be permitted in rural and urban and urbanized areas and such a permit
may not be denied based solely on certain factors; amending s. 338.065,
F.S.; deleting a restriction upon permits for general motorist service signs
and business logo signs; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representative Sublette-
HB 311-A bill to be entitled An act relating to turnpike projects;
repealing s. 338.2275(3)(j), F.S.; eliminating the Central Connector from a
list of turnpike projects which are approved, subject to verification of
economic feasibility; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representative Glickman-
HB 313-A bill to be entitled An act relating to political
advertisements; creating s. 106.1432, F.S.; providing requirements with
respect to certain political advertisements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Glickman-
HB 315-A bill to be entitled An act relating to motor vehicle
insurance; amending s. 627.728, F.S.; requiring advance notice of certain
renewal premiums; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Arnall-
HB 317-A bill to be entitled An act relating to maternal and child
health care; amending s. 383.011, F.S.; requiring the Department of Health
and Rehabilitative Services to develop a substance abuse intervention
component of the Healthy Start Care Coordination Program; specifying
services to be provided as a part of substance abuse intervention; providing
for services to be provided to pregnant and postpartum women; requiring
the department to expunge child abuse records for women who participate
in substance abuse treatment and comply with specified requirements;
amending s. 415.503, F.S.; revising the definition of the term "harm" for
purposes of ss. 415.502-415.514, F.S., relating to child abuse, neglect, and
exploitation; amending s. 415.5087, F.S., relating to grounds for
appointment of a guardian advocate, to conform; amending s. 415.505, F.S.;
exempting women who are participating in the substance abuse
intervention component of the Healthy Start Care Coordination Program
from reports required to be made by the department to the state attorney
and law enforcement agencies, and reenacting s. 415.506, F.S., relating to
taking a child into protective custody, to incorporate said amendment in
a reference thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Glickman-
HB 319-A bill to be entitled An act relating to sentencing, excluding
capital felonies; amending s. 921.001, F.S.; providing the purpose of and
additional requirements for the sentencing guidelines that are
recommended to the Supreme Court by the Sentencing Commission;
requiring the commission, with the Department of Corrections, to estimate
rates of incarceration in the state correctional system and make funding
and other recommendations to the Legislature; deleting obsolete
provisions pertaining to alternative sentencing guideline
recommendations; deleting a restriction on appellate review of departure
sentences; amending ss. 924.06, 924.07, and 958.04, F.S., relating to appeal
by defendant, appeal by the state, and judicial disposition of youthful
offenders, to conform; creating s. 921.0016, F.S.; providing nonexclusive
aggravating and mitigating circumstances supporting departure by
increasing or decreasing the length of the guidelines sentence; requiring the
Sentencing Commission to adopt procedures for implementing revised
sentencing guidelines; providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Glickman-
HB 321-A bill to be entitled An act relating to testimony by child
victims or witnesses; amending ss. 92.53, 92.54, and 92.55, F.S., relating to
videotaping, closed circuit television, and other special protections for
child victims and witnesses; requiring a finding that the harm caused if the
child were required to testify would be due to the presence of the
defendant; deleting the sexual abuse or child abuse limitation on the
videotaping of a child's testimony; preserving the defendant's right to
immediate consultation with counsel when closed circuit television is used
for the child's testimony; requiring the Supreme Court to adopt rules;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Glickman-
HB 323-A bill to be entitled An act relating to blood testing for
impairment or intoxication; amending ss. 316.1933 and 316.1934, F.S.;
authorizing performance of chemical analysis by persons under the
supervision of a person with a permit, and reenacting ss. 316.066(4),
327.353(2), 790.155(2), and 550.24055(2), F.S., relating to written accident
reports, blood testing of vessel operators, blood testing of firearm users,
and blood testing of occupational licensees officiating at or participating
in races or jai alai games, to incorporate said amendments in references
thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Glickman-
HB 325-A bill to be entitled An act relating to false imprisonment;
amending s. 787.02, F.S.; deleting a provision that precludes the offense
from being a lesser included offense for purposes of s. 787.01, F.S., which
establishes the offense of kidnapping, and reenacting s. 910.14, F.S.,
relating to kidnapping, to incorporate said amendment in a reference
thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Wise-
HB 327-A bill to be entitled An act relating to community colleges;
creating s. 240.385, F.S.; authorizing community college district boards of
trustees to create divisions of resource development; providing intent;
providing duties of the division; requiring rules; authorizing resource
development contracts and donations; providing duties of the district
board of trustees; providing exemption from certain laws; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Higher Education and Appropriations.

By Representatives Morroni, Posey, Thrasher, Fuller, Ogles, Littlefield,
Bitner, Stabins, Thomas and Sublette-
HB 329-A bill to be entitled An act relating to elections; repealing s.
100.091, F.S., relating to the second primary election; repealing s. 100.096,
F.S., relating to special local elections to be held at the second primary
election; amending s. 100.061, F.S.; providing for a single primary election,
including the date for holding that election; providing that candidates
receiving the highest number of votes in the primary election be declared
nominated; providing a method for deciding tie votes; eliminating the
second primary; amending ss. 10.1008, 97.021, 98.051, 98.081, 99.061,
99.095, 99.103, 100.071, 100.081, 100.111, 100.141, 101.141, 101.251,
101.252, 101.62, 102.012, 103.021, 103.022, 103.091, 105.031, 105.041,
105.051, 106.07, 106.08, and 106.29, F.S.; conforming language; modifying
provisions relating to ballots sent to absent qualified electors overseas;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representatives Trammell and Lawson-
HB 331-A bill to be entitled An act relating to the Florida Retirement
System; amending s. 121.021, F.S.; adding certain positions in a state
forensic facility to the definition of "special risk"; amending s. 121.0515,
F.S.; describing eligible positions of a state forensic facility; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representative Edwards-
HB 333-A bill to be entitled An act relating to law enforcement;
authorizing the award of a Medal of Valor to law enforcement and
correctional officers; providing criteria; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations.

By Representative Brown-
HB 335-A bill to be entitled An act relating to public business;
requiring any person contracting to supply commodities or contractual
services to a state agency to file a certificate from the Department of
Revenue stating that he has no taxes, interest, or penalties due; providing
duties of the department; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations, Finance &
Taxation and Appropriations.

By Representative Valdes-
HB 337-A bill to be entitled An act providing for the relief of Adolfo
E. Roblero, as surviving parent and personal representative of the estate
of Jorge Enrique Roblero; providing an appropriation to compensate him
for the death of his son due to the negligence of a Miami-Dade Community
College security guard; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Feeney-
HB 339-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

22

February 2, 1993

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Rayson-
HB 341-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; amending s. 231.434, F.S.;
authorizing rules to provide annual leave for certain educational support
employees; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Rush-
HB 343-A bill to be entitled An act relating to evidence; providing that
a victim of prolonged physical abuse may introduce evidence of the abuse
when relevant; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

HB 345-Withdrawn

HB 347-Withdrawn

HB 349-Withdrawn

HB 351-Withdrawn

HB 353-Withdrawn

HB 355-Withdrawn

HB 357-Withdrawn

HB 359-Withdrawn

HB 361-Withdrawn

HB 363-Withdrawn

HB 365-Withdrawn

HB 367-Withdrawn

HB 369-Withdrawn

HB 371-Withdrawn

HB 373-Withdrawn

HB 375-Withdrawn

HB 377-Withdrawn

HB 379-Withdrawn

HB 381-Withdrawn

HB 383-Withdrawn

By Representative Goode-
HB 385-A bill to be entitled An act relating to public construction;
amending s. 255.20, F.S.; requiring counties, cities, special districts, and
other political subdivisions to competitively bid construction projects
exceeding $100,000 in costs; providing for competitive bidding of public
lease-purchase projects; providing for exceptions; providing for the lowest
responsive and qualified bidder; providing for the purpose of this
subsection; providing for the nondisplacement of applicable minority
business enterprise programs; amending s. 489.103, F.S.; lowering the
ceiling amount on maintenance or repair subject to exemption from bid
requirements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and
Appropriations.

By Representative Sindler-
HB 387-A bill to be entitled An act relating to juvenile offenders;
amending s. 960.001, F.S.; authorizing release to victim of information as
to whether the offense was committed by a juvenile; amending s. 960.003,
F.S.; requiring disclosure of HIV test results on alleged juvenile offenders
to the parent or guardian, and reenacting ss. 381.004(3)(g), (i)6. and
951.27(2), F.S., relating to HIV testing and blood tests of inmates, to
incorporate said amendment in references thereto; amending s. 960.20,
F.S.; limiting parental liability for an additional cost, and reenacting ss.
316.660(2) and 775.0835, F.S., relating to disposition of fines and
forfeitures and the Crimes Compensation Trust Fund, to incorporate said
amendment in references thereto; amending s. 316.635, F.S.; limiting
parental liability for costs relating to minors who are criminal traffic
offenders; amending s. 39.043, F.S.; authorizing detention of a child held
in contempt of court in a staff secure dependency shelter in certain
circumstances and providing due process rights, and reenacting s.
39.044(1)(a), F.S., relating to detention, to incorporate said amendment in
a reference thereto; amending s. 39.0585, F.S.; requiring certain
information from delinquency and dependency treatment agencies;
deleting a restriction on release of information and requiring certain
information sharing upon consent of the parent or guardian; amending s.
39.025, F.S., relating to juvenile delinquency and gang prevention;
requiring gang prevention councils to provide an annual report to the
Commission on Juvenile Justice; amending s. 784.07, F.S.; adding certain
delinquency staff to the list of officers against whom an assault or battery
is reclassified one degree upward, for which penalties are provided by law;
providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Cosgrove-
HB 389-A bill to be entitled An act relating to professional sports
franchises; amending s. 288.1162, F.S.; deleting one of the requirements
which the Department of Commerce must determine prior to certifying an
applicant as a "new spring training franchise facility"; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Economic Development,
Finance & Taxation and Appropriations.

By Representative Cosgrove-
HR 391-A resolution commending the 82nd Airborne Division for
participating in the Hurricane Andrew Relief Operation.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representative Crady-
HB 393-A bill to be entitled An act relating to correctional education;
amending s. 20.315, F.S.; creating the Correctional Education Program
Office in the Department of Corrections; conforming provisions; amending
s. 110.205, F.S., relating to career service exemptions, to conform;
amending s. 229.565, F.S., relating to educational evaluation procedures,
to conform; amending s. 232.2481, F.S., relating to graduation
requirements, to conform; amending s. 242.68, F.S.; abolishing the
Correctional Education School Authority and the Board of Correctional
Education; delegating authority and responsibility to the Department of
Corrections; specifying department responsibilities; providing duties of the
program office; revising provisions relating to requirements for contracts
for educational services; amending s. 447.203, F.S., relating to public
employers, to conform; amending ss. 775.16 and 893.11, F.S., relating to
drug offenses, to conform; amending s. 944.023, F.S., relating to the
comprehensive correctional master plan, to conform; amending s. 958.19,
F.S., relating to the youth corrections program, to conform; providing for
transfer of programs, functions, and unexpended balances of the
Correctional Education School Authority and the Board of Correctional
Education to the Department of Corrections; providing that the
Department of Corrections shall have certain authority and duty;
providing an effective date.

February 2, 1993

23

JOURNAL OF THE HOUSE OF REPRESENTATIVES

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Appropriations.

By Representative Bronson-
HB 395-A bill to be entitled An act relating to the lottery; amending
s. 24.115, F.S.; revising the distribution of unclaimed prize money;
providing that a percentage of such moneys be placed in the direct-support
organization established by the Prepaid Postsecondary Education Expense
Board; providing purposes for such moneys; requiring a report; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Pruitt-
HB 397-A bill to be entitled An act relating to educational finance;
amending s. 236.25, F.S.; removing provisions which authorize the
Legislature to prescribe a maximum amount of nonvoted current operating
discretionary millage that school boards may levy and authorizing school
boards to determine such millage, within specified limits; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation and
Appropriations.

By Representative Rayson-
HB 399-A bill to be entitled An act relating to the North Broward
Hospital District, Broward County; providing for the relief of Justin Bates,
a minor, by and through his mother and legal guardian, Cynthia Bates, and
for the relief of Cynthia Bates, individually; providing an appropriation to
compensate them for injuries sustained by Justin Bates as a result of the
negligence of the North Broward Hospital District, d.b.a. Broward General
Medical Center; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Rush-
HB 401-A bill to be entitled An act for the relief of Steven Tomesko;
providing an appropriation to compensate him for injuries he received due
to the negligence of the Department of Transportation; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representatives Barreiro and Bloom-
HB 403-A bill to be entitled An act for the relief of Denise Parmentier;
providing an appropriation to compensate her for severe facial injuries
sustained due to the negligence of the Department of Transportation;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By the Committee on Business & Professional Regulation;
Representative Tobin-
HB 405-A bill to be entitled An act relating to elevators; amending s.
399.02, F.S.; clarifying provisions relating to the Elevator Safety Code;
amending s. 399.035, F.S.; clarifying language with respect to elevator
accessibility requirements for the physically handicapped; amending s.
399.045, F.S.; increasing the fee limit for application and renewal of
certificate of competency; clarifying provisions with respect to suspension
and revocation of certificate of competency; providing reexamination
requirements; providing a fee; amending s. 399.05, F.S.; increasing the fee
limit for a construction permit to install or relocate an elevator; providing
a fee limit for a construction permit to alter an elevator; providing a
reinspection fee; amending s. 399.07, F.S.; revising provisions with respect

to certificates of operation; saving chapter 399, F.S., from Sunset repeal;
providing for future review and repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Appropriations.

By Representative Davis-
HB 407-A bill to be entitled An act relating to public construction
projects; creating s. 255.061, F.S.; providing penalties for misapplication of
funds received for public construction; creating s. 255.071, F.S.; providing
for payment of subcontractors, materialmen, and suppliers on public jobs;
providing for an evidentiary hearing when undisputed payments are not
made; providing remedies for nonpayment; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Mitchell-
HB 409-A bill to be entitled An act relating to education; creating s.
240.537, F.S.; creating the Emerald Coast College of the Fine and
Performing Arts; providing program content; providing for administration;
providing an appropriation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representative Greene-
HB 411-A bill to be entitled An act relating to the Florida Uniform
Land Sales Practices Law; amending s. 498.011, F.S.; revising provisions
with respect to payment of per diem, mileage, and other expenses to
employees of the Division of Florida Land Sales, Condominiums, and
Mobile Homes of the Department of Business Regulation; amending s.
498.022, F.S.; providing additional unlawful acts under the Florida
Uniform Land Sales Practices Law; amending s. 498.025, F.S.; revising
provisions with respect to exemptions, conditions for exemption from the
act, and additional exemptions from registration reporting provisions;
providing for burden of proof with respect to exemptions; amending s.
498.027, F.S.; revising provisions with respect to applications for
registration of subdivided lands; creating s. 498.028, F.S.; providing
requirements with respect to contracts and conveyance instruments;
amending s. 498.033, F.S.; revising provisions with respect to the
registration of subdivided lands; providing for review and repeal; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Casey-
HB 413-A bill to be entitled An act relating to controlled substance
violations; amending s. 893.13, F.S.; prohibiting specified unlawful
activities within 1,000 feet of a public park, for which criminal penalties
are provided by law, including a minimum mandatory term of
imprisonment for certain violations; reenacting s. 903.133, F.S., relating to
bail on appeal, to incorporate said amendment in a reference thereto;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Casey-
HB 415-A bill to be entitled An act relating to autopsies; amending
s. 872.04, F.S.; providing that surrogates may provide written consent for
an autopsy; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
SReferred to the Committee(s) on Business & Professional Regulation.

By Representative Healey-
HB 417-A bill to be entitled An act relating to community
redevelopment agencies; amending s. 163.340, F.S.; excluding juvenile
welfare boards, health care and hospital districts, and children's services
councils from the requirement that they pay tax increments to

24

February 2, 1993

JOURNAL OF THE HOUSI

redevelopment trust funds for use by community redevelopment agencies;
providing an exception for certain health care or hospital districts;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Economic Development,
Finance & Taxation and Appropriations.

By Representative Rayson-
HB 419-A bill to be entitled An act relating to medicinal drugs;
creating s. 465.0255, F.S.; requiring the display of expiration dates on all
medicinal drugs manufactured, repackaged, or distributed and all
medicinal drugs dispensed; requiring certain use and storage instructions
on all medicinal drugs dispensed; providing for review and repeal;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Gordon-
HB 421-SF-A bill to be entitled A proposal relating to Acquired
Immune Deficiency Syndrome (AIDS).
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Gordon-
HB 423-A bill to be entitled An act relating to the district school
system; amending ss. 230.15, 230.16, 230.21, 230.23, and 230.2305, F.S.,
relating to organization and duties of school boards; revising terminology
to provide for gender neutrality; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education.

By Representative Littlefield-
HB 425-A bill to be entitled An act relating to political endorsements;
creating s. 106.145, F.S.; requiring the publishing in a political
advertisement of the complete, legal name of political committees,
committees of continuous existence, and other organizations that endorse
or oppose a candidate for public office or issue appearing on a ballot;
providing a civil penalty; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections.

By Representatives Sembler and Posey-
HB 427-A bill to be entitled An act relating to Indian River County;
providing intent and applicability to, and for permanent status of, certain
employees of the sheriff; clarifying terms; specifying cause for suspension
or dismissal; providing for transition, a complaint procedure, discipline,
appeals and limitation on certain appeals, and administration; providing
an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Employee &
Management Relations.

By Representative Eggelletion-
HB 429-A bill to be entitled An act relating to a delinquency pretrial
intervention program; creating s. 39.0475, F.S.; authorizing the program for
limited purposes under certain circumstances; providing procedure;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

February 2, 1993

Referred to the Committee(s) on Rules & Calendar.

By Representative Futch-
HB 437-A bill to be entitled An act relating to elections; amending s.
103.121, F.S.; authorizing county executive committees of political parties
to endorse, certify, screen, or otherwise recommend party candidates in
primary elections and retain the party assessments of those candidates and
of candidates for offices for which no such endorsement, certification,
screening, or recommendation has been given; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections.

By Representative Healey-
HB 439-A bill to be entitled An act relating to the Children's Services
Council of Palm Beach County; exempting the council from the provisions
of part III of chapter 163, F.S., relating to the payment of fees, taxes, or
increment revenue to community redevelopment agencies; providing for
severability; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representative Charles-
HB 441-A bill to be entitled An act relating to insurance; amending
s. 627.409, F.S.; prohibiting an insurer from denying coverage or payment
or recovery under certain circumstances; requiring an insurer to complete
certain investigations within a time certain or waive certain rights;
providing an exception; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representative Crady-
HB 443-A bill to be entitled An act relating to mobile homes;
amending s. 193.075, F.S.; providing that mobile homes that are
permanently affixed to the land shall not be taxed as real property if they
are held for resale by a licensed mobile home dealer or for display by a
licensed mobile home dealer or manufacturer; providing an effective date.

E OF REPRESENTATIVES 25

Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Morse, Cosgrove, Valdes, R. Saunders, McClure and
Jones-
HB 431-A bill to be entitled An act relating to dietetics and nutrition
practice; amending ss. 468.501,468.502, 468.503, 468.504, 468.505, 468.506,
468.509, 468.511,468.512, 468.513, 468.517, and 468.518, F.S.; revising, and
renaming, the Dietetics and Nutrition Practice Act to remove nutritionists
from regulation thereunder; repealing s. 468.51, F.S., relating to licensure
of nutrition counselors, to conform; creating ss. 468.561-468.574, F.S.;
providing for regulation of nutrition counselors under the Nutrition
Counselors Practice Act; providing purpose, definitions, and exemptions
from the act; creating the Nutrition Counselors Practice Board and
providing duties thereof; providing duties of the Department of
Professional Regulation; providing licensure requirements and fees;
requiring license display; providing for license renewal and inactive status;
providing prohibitions and penalties; providing grounds for disciplinary
action; providing for review and repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation,
Finance & Taxation and Appropriations.

HB 433-Withdrawn

By Representative Edwards-
HR 435-A resolution recognizing and commending Pat Borders for his
outstanding athletic ability in the baseball profession.
First reading by publication (Art. III, s. 7, Florida Constitution).

26 JOURNAL OF THE HOUSE

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation and
Appropriations.

By Representative Goode-
HJR 445-A joint resolution proposing an amendment to Section 9 of
Article VII of the State Constitution relating to municipal taxing authority.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representatives Morse, Rudd and Lawson-
HB 447-A bill to be entitled An act relating to medical practice;
amending s. 458.307, F.S.; requiring one member of the Board of Medicine
to be a public-sector physician employed by the Department of Corrections
or the Department of Health and Rehabilitative Services; amending s.
459.004, F.S.; requiring one member of the Board of Osteopathic Medicine
to be a public-sector osteopathic physician employed by either of said
departments; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation.

By Representative Trammell-
HM 449-A memorial to the Congress of the United States, urging
Congress to enact legislation directing the United States Department of
Health and Human Services to recognize, for the purpose of Medicare
reimbursement, Florida law establishing emergency care hospitals,
essential access community hospitals, and rural primary care hospitals.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care.

By Representative Pruitt-
HB 451-A bill to be entitled An act relating to jai alai; creating s.
550.1628, F.S.; providing for jai alai taxes; amending s. 550.0951, F.S.;
prescribing the amount of license fees; deleting breaks tax; amending s.
550.70, F.S.; providing for additional player prize money from breaks;
providing for reconversion of former jai alai permit; creating s. 550.71, F.S.;
providing for a Jai Alai Tournament of Champions Meet; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Greene-
HB 453-A bill to be entitled An act relating to pawnbrokers; amending
s. 538.06, F.S.; requiring secondhand dealers to maintain possession of
certain goods; prohibiting a secondhand dealer from accepting certain
security in lieu of possession; providing a penalty; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Posey-
HB 455-A bill to be entitled An act relating to parent and child;
amending s. 63.032, F.S.; expanding the definition of "abandoned" and
making it grounds for contested adoption, and adding new definitions
relating to contested adoption; repealing s. 63.185, F.S., relating to a
residency requirement to adopt; amending s. 63.062, F.S.; correcting
technical errors and excepting contested adoptions from adoption consent
requirements; creating s. 63.145, F.S.; providing procedure for contested
adoption proceedings; amending s. 39.465, F.S.; requiring right to counsel
for child at court's discretion in termination of parental rights proceedings;
amending s. 39.467, F.S.; correcting technical errors and removing the
dependency adjudication requirement in termination of parental rights
cases, and reenacting ss. 39.468 and 39.469(2)(a), F.S., relating to orders of
adjudication and powers of disposition, to incorporate said amendment in

E OF REPRESENTATIVES

February 2, 1993

references thereto; amending s. 39.474, F.S., relating to compensation of
appointed counsel, to conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Pruitt-
HB 457-A bill to be entitled An act relating to the Office of the
Inspector General; providing legislative intent; creating the Office of the
Inspector General; providing for appointment, term, location, and staff of
the Inspector General; prohibiting the Inspector General from lobbying for
a certain time after leaving office; providing definitions; providing powers
and duties of the Inspector General; requiring the Inspector General to
prepare and provide reports of inspections; providing for deducting costs
of inspections from budgets of certain governmental entities under certain
circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.
By Representative Jamerson-
HB 459-A bill to be entitled An act relating to the Florida Residential
Landlord and Tenant Act; creating s. 83.565, F.S.; providing for the right
of the tenant to repair the premises after written notice to the landlord;
providing for deduction of the costs of repair from rent due; providing
limitations; amending s. 83.60, F.S.; providing reference to the right of the
tenant to repair as a defense to an action for rent or possession; providing
for the payment of certain funds into the registry of the court; amending
s. 83.64, F.S.; providing reference to the tenant's right to repair with respect
to retaliatory conduct; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Crady-
HB 461-A bill to be entitled An act relating to procurement; amending
s. 403.7145, F.S.; requiring state agencies, the judicial branch, and the State
University System to collect and sell recyclable materials; authorizing the
use of sale proceeds for certain purposes; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental' Operations and
Appropriations.

By Representative Rush-
HB 463-A bill to be entitled An act relating to media personnel;
exempting from disclosure in certain legal proceedings the sources of
information obtained by certain media personnel; exempting such media
personnel from testifying as to personal observations under certain
circumstances; providing exceptions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Albright-
HB 465-A bill to be entitled An act relating to health maintenance
organizations; amending s. 641.28, F.S.; applying certain provisions of law
to certain health maintenance organization liability; amending s. 641.31,
F.S.; applying certain reimbursement entitlement provisions to health
maintenance organizations; deleting certain reimbursement entitlement
provisions; amending s. 641.3108, F.S.; clarifying certain notice of contract
cancellation requirements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Lippman-
HB 467-A bill to be entitled An act relating to state attorneys and
public defenders; amending ss. 27.25 and 27.53, F.S.; restricting funding for
the office of a public defender to a specified percentage of the funding for
the office of the state attorney of that judicial circuit; providing a higher

JOURNAL OF THE HOUSE OF REPRESENTATIVES

percentage for certain circuits; providing for increasing the funding for the
office of the state attorney of a circuit in which funding for the office of the
public defender of that circuit exceeds the authorized percentage, to
maintain the required funding ratio; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Lippman-
HB 469-A bill to be entitled An act relating to pharmacy; amending
s. 465.0125, F.S.; providing additional duties of consultant pharmacists;
providing restrictions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Shepard-
HB 471-A bill to be entitled An act relating to gain-time; amending
s. 944.275, F.S.; providing that inmates serving sentences for specified
offenses are ineligible for basic gain-time; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Appropriations.

By Representative Laurent-
HB 473-A bill to be entitled An act relating to replevin; amending and
renumbering s. 78.03, F.S., relating to venue and jurisdiction; deleting
reference to venue; creating s. 78.032, F.S., relating to venue; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By the Committee on Business & Professional Regulation;
Representative Tobin-
HB 475-A bill to be entitled An act relating to arabian horse racing;
amending s. 570.382, F.S.; expanding terms of members of the Arabian
Horse Council; saving s. 570.382, F.S., from Sundown repeal; providing for
future review and repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Appropriations.

By Representative Arnall-
HB 477-A bill to be entitled An act relating to Dade County; providing
for the relief of Ardena R. Newry, as personal representative of the estate
of Cyprian Newry, deceased, and Kijana Newry, Toyelle Newry, Cypriana
Newry, Cyprian Newry, and Tryon Newry, children of Cyprian Newry,
deceased, for injuries sustained as a result of the negligence of Public
Health Trust of Dade County, d.b.a. Jackson Memorial Hospital; providing
for payment by the Public Health Trust of Dade County, d.b.a. Jackson
Memorial Hospital; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Bainter-
HB 479-A bill to be entitled An act relating to Volusia County;
creating the "City of DeBary Charter"; providing for the corporate name
and purpose of the Charter; establishing territorial boundaries of the
municipality and authorizing annexations; providing powers of the
municipality and of certain officers; providing for election of a City
Council, including the Mayor and Vice Mayor, and providing for
qualifications, powers, and duties of its membership, and a procedure for
establishing their compensation and expense reimbursement; establishing
circumstances which create vacancies in office and providing for filling
vacancies and for forfeiture and recall; requiring independent financial
audit; providing for Council meetings, rules, recordkeeping, and voting at
meetings; providing for nominations, elections, and terms of office of the
Mayor and Council; providing for a City Manager, City Clerk, and City
Attorney and powers and duties of each; authorizing establishment of
administrative departments; providing definitions; providing procedures

for adoption of ordinances and resolutions, and for handling finances;
establishing a fiscal year and annual budgets; providing procedures for
initiative and referendum; providing for Charter amendments and review;
providing for severability; providing for transition, including initial
election and terms, date of creation and establishment of the municipality,
payment of certain revenues, and transitional comprehensive plan and
land development regulations; entitling the City to state shared and local
option gas tax revenues; providing for contractual services and facilities;
eliminating transition elements; requiring a 5-year wait for any
reintroduction to the legislative delegation; providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representative Glickman-
HB 481-A bill to be entitled An act relating to judicial review of
administrative proceedings; amending s. 120.68, F.S.; authorizing courts of
appeal to transfer and consolidate review proceedings under specified
circumstances and providing factors for consideration in making transfer
determinations; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Glickman-
HB 483-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.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Arnold and Ireland-
HB 485-A bill to be entitled An act relating to the amendment to s.
4, Art. VII of the State Constitution restricting homestead valuation;
specifying the effective date of said amendment; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

By Representative Minton-
HB 487-A bill to be entitled An act relating to the Construction
Industry Licensing Board, Palm Beach County; amending s. 13, ch. 67-
1876, Laws of Florida, as amended; making exemptions for work on certain
infrastructure consistent with state law; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and
Appropriations.

By Representative Edwards-
HR 489-A resolution recognizing Ron Scarpa for his outstanding
achievements in the world of barefoot waterskiing.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

By Representative Rudd-
HB 491-A bill to be entitled An act relating to public meetings and
records; amending s. 286.011, F.S.; exempting certain meetings of
governmental agencies from the requirement that they be open to the
public; establishing criteria for such meetings; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations.

By Representative Cosgrove-

27

February 2, 1993

JOURNAL OF THE HOUSE OF REPRESENTATIVES

HR 493-A resolution in support of and honoring the alliance of USAir
and British Airways.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representative Armesto-Garcia-
HB 495-A bill to be entitled An act relating to emergency generated
power; creating s. 400.0635, F.S.; providing requirements for emergency
generated power for certain facilities housing residents who are 62 years of
age or older or who are disabled or handicapped; providing penalties for
violations of the act; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representatives Armesto-Garcia, Villalobos, Valdes, Garcia,
Manrique, De Grandy, Bullard, Cosgrove, Burke, Simon, Barreiro, Arnall,
Constantine, Klein, Merchant, Bainter, Sublette, Sindler, Bush, Kelly,
Jones, Stafford, Gay, Rayson, Feeney, Feren, Morse, Morroni, Ogles and
McAndrews-
HB 497-A bill to be entitled An act relating to Cuba; creating the
"1993 Free Cuba Act"; requiring the State Board of Administration to
divest certain investments; prohibiting specified future investments;
providing penalties for certain import or export; amending s. 542.34, F.S.;
revising provisions relating to discriminatory trade practices; authorizing
the Governor to waive the requirements of the act under certain
circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Economic Development,
Finance & Taxation and Appropriations.

By Representative Chestnut-
HB 499-A bill to be entitled An act relating to cancer control and
research; amending s. 240.5121, F.S.; providing an additional member of
the Florida Cancer Control and Research Advisory Council; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care.

By Representative Lawson-
HB 501-A bill to be entitled An act relating to judgments of adoption;
amending s. 63.172, F.S.; providing for inheritance and grandparental
rights when a child is adopted by a close relative; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Geller-
HB 503-A bill to be entitled An act relating to state and local
government; amending ss. 163.3177 and 163.3187, F.S.; providing that
exemptions from the requirement that adequate transportation facilities
be available concurrent with the impacts of development may be granted
by local governments or the state land planning agency under certain
conditions; providing requirements with respect thereto; providing that
related plan amendments are not subject to statutory limits on the
frequency of plan amendments; specifying that local governments are
encouraged to adopt methodologies to encourage de minimus deviation
from level of service standards on transportation facilities, within certain
limits; authorizing local governments to collect special transportation
concurrency management fees in lieu of a development meeting the
requirement that transportation facilities be available concurrent with the
impacts of the development; providing requirements with respect thereto;
authorizing the designation of transportation concurrency management
areas in a local government comprehensive plan and establishment of an
areawide level of service in such areas; authorizing certain deviation from
adopted level of service standards for transportation facilities impacted by
redevelopment under certain conditions; providing requirements with

respect thereto; amending a. 164.101, F.S.; renaming the "Florida
Governmental Cooperation Act" as the "C. Fred Jones Dispute Resolution
Act"; amending s. 164.102, F.S.; providing purpose and intent; creating s.
164.1031, F.S.; providing definitions; creating s. 164.1041, F.S.; requiring
counties, municipalities, and state governmental entities to exhaust the
procedural options of the act before initiating litigation or administrative
proceedings, except in emergency circumstances; providing application to
comprehensive plans and plan amendments; creating s. 164.1052, F.S.;
providing procedures and requirements for initiation of dispute resolution
procedures; requiring certain governmental entities that fail to join a
dispute resolution proceeding to pay certain costs; creating s. 164.1053,
F.S.; providing for a dispute assessment meeting and providing
requirements with respect thereto; creating s. 164.1054, F.S.; providing for
conflict mediation; providing for appointment and duties of a mediator;
creating s. 164.1055, F.S.; providing for a joint public meeting between
disputing entities; creating s. 164.1056, F.S.; providing for final resolution
of conflicts; creating s. 164.1057, F.S.; specifying the manner of execution
of the resolution of a dispute; renumbering and amending s. 164.104, F.S.;
providing that a governmental entity that fails to participate in dispute
resolution procedures shall be required to pay attorney's fees and costs;
renumbering and amending s. 164.105, F.S.; providing the period of tolling
of any applicable statute of limitations; repealing ss. 164.103 and 164.106,
F.S., which provide procedures and requirements for resolution of
governmental disputes; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representative Starks-
HB 505-A bill to be entitled An act relating to the Public Service
Commission; creating s. 350.0606, F.S.; prohibiting certain employment by
former members of the Florida Public Service Commission; amending s.
350.043, F.S.; providing penalties; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation.

By Representative Albright-
HB 507-A bill to be entitled An act relating to water and wastewater
systems; amending s. 367.071, F.S.; providing a procedure for the
determination of the rate base where one utility is acquired by another;
providing a definition; providing for the prospective application of the act;
amending s. 367.171, F.S.; directing certain utilities to provide annual
reports under certain circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Warner-
HB 509-A bill to be entitled An act relating to ad valorem tax
administration; creating s. 193.017, F.S.; requiring certain mortgagees to
file with the property appraiser a report containing specified appraisal
information prior to recording a mortgage secured by real property located
in this state; authorizing the property appraiser to consider such
information in arriving at just valuation of the property; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

By Representative Charles-
HB 511-A bill to be entitled An act relating to evidence in criminal
appeals; creating s. 924.345, F.S.; abolishing the distinction between direct
and circumstantial evidence for purposes of appellate review; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

28

February 2, 1993

JOURNAL OF THE HOUSE]

Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Glickman-
HB 513-A bill to be entitled An act relating to probate; amending s.
731.301, F.S.; providing an additional method for service of a petition
under the probate code; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Glickman-
HB 515-A bill to be entitled An act relating to accessibility by
handicapped persons; amending s. 553.46, F.S.; revising language with
respect to standards of accessibility; amending s. 553.47, F.S.; revising
language with respect to access in assembly occupancies; providing for
accessibility in all buildings owned or operated by state or local
government; amending s. 553.48, F.S.; revising language with respect to
accessibility features required of new buildings and buildings being altered
or having a change in use; amending s. 553.481, F.S.; providing for the
adoption of specified additional national standards for accessibility;
repealing s. 553.485, F.S., relating to the local option for minimum
clearance of interior doors; amending s. 553.49, F.S.; providing for
additional members of the Handicapped Accessibility Advisory Council;
revising language with respect to the responsibility of the council;
amending s. 553.495, F.S.; relating to enforcement; amending ss. 316.1955
and 316.1956, F.S.; to conform to the act; creating s. 553.496, F.S.;
providing for the duties of the Department of Community Affairs;
directing the Department of Community Affairs to prepare a handbook;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Chestnut-
HB 517-A bill to be entitled An act relating to education; creating s.
228.0865, F.S., relating to technology and accountability; providing intent;
providing for distance education; providing for state policy review;
providing for funding to public schools, community colleges, and
universities and specifying requirements related thereto; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation and
Appropriations.

By Representative Bullard-
HB 519-A bill to be entitled An act relating to education; amending
s. 232.2462, F.S.; providing student requirements relating to the awarding
of credits for full-year courses; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Bullard-
HB 521-A bill to be entitled An act relating to drivers' licenses;
amending s. 322.05, F.S.; revising requirements for issuance of a license;
amending s. 228.041, F.S.; conforming provisions; providing for
reinstatement of certain licenses; repealing ss. 232.165,322.0601,322.09(3),
and 322.16(2)(b), F.S., relating to issuance and suspension of drivers'
licenses based upon school attendance requirements; repealing s. 7, ch. 89-
112, Laws of Florida, to conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Bullard-
HB 523-A bill to be entitled An act relating to contractual services;
amending s. 287.055, F.S., relating to the Consultants' Competitive
Negotiation Act; revising definition of continuing contract to increase the
maximum costs for certain school districts; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

February 2, 1993

E OF REPRESENTATIVES 29

Referred to the Committee(s) on Education and Appropriations.

By Representative Goode-
HB 525-A bill to be entitled An act relating to alcoholic beverages;
amending s. 563.06, F.S., relating to malt beverages; deleting requirements
of stamp on crown, can bottom, or can lid; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation and Appropriations.

By Representatives De Grandy and Armesto-Garcia-
HB 527-A bill to be entitled An act relating to the elections process;
creating the "Elections Reform Act of 1993"; 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 driver
licenses or identification cards; providing an exception; providing for the
designation of employees to be utilized; providing for forms; 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 and
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; creating s. 97.055, F.S.;
providing for election day registration and voting; requiring proof of
identity and residency; providing for voting, poll lists, and canvassing of
ballots; providing for designation of sufficient locations for such services
and for designation of such locations as polling places; providing
applicability of other laws; amending s. 97.102, F.S., to conform; amending
s. 98.231, F.S.; requiring each supervisor of elections to furnish to the
Department of State a list of the number of registered electors following
each election; amending s. 101.021, F.S.; authorizing electors in a primary
election to vote for candidates for nomination by another political party
under certain circumstances; amending ss. 101.5606 and 105.071, F.S., to
conform; amending s. 232.246, F.S.; providing that high school graduation
requirements shall include emphasis on voter rights and registration;
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. 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. 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 s. 106.08, F.S.; providing that $500 campaign
contribution limits apply to contributions made by national, state, and
county executive committees of political parties; prohibiting certain
candidates who are members of the Legislature from accepting
contributions from political committees or committees of continuous
existence until after a specified date in the year of the general election at
which the office sought is to be filled; providing exceptions; prohibiting
certain candidates from accepting contributions from political committees,
committees of continuous existence, and political party executive
committees on the day of an election and for a specified period before the
election; providing penalties; amending ss. 106.19 and 106.33, F.S., relating
to election campaign financing and penalties for candidate violations, to
conform; reenacting ss. 106.18(1) and 106.21, F.S., relating to when a
candidate's name is to be omitted from the ballot and to when certificates
of election are not to be issued, to incorporate the amendment to s. 106.19,
F.S., in references thereto; amending s. 106.29, F.S., relating to political
party contributions and reports, to conform; providing an effective date.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representatives De Grandy, Valdes and Armesto-Garcia-
HB 529-A bill to be entitled An act relating to political misuse of
public position by district school board employees; amending s. 112.311,
F.S.; providing legislative intent and policy; amending s. 112.312, F.S.;
expanding definitions of "agency" and "conflict of interest"; amending s.
112.313, F.S.; prohibiting misuse intended to further political agenda
under specified circumstances; providing that such prohibition does not
prohibit legitimate academic exchange of political ideas; reenacting s.
104.31, F.S., relating to political activities of state, county, and municipal
officers and employees, to update a reference to said section in s. 112.313,
F.S.; amending s. 112.317, F.S.; providing civil penalties and aggravating
and mitigating circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representatives Lawson, Buddy Johnson, Laurent, Wise and
Mishkin-
HJR 531-A joint resolution proposing an amendment to Section 16 of
Article III of the State Constitution relating to legislative apportionment.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representatives Wallace, Mortham, Long, Albright, Jones, Ireland,
Martinez and Miller-
HB 533-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.06, F.S.; providing for retroactive
application of the exemption from said tax for certain promotional
materials which are exported outside the state; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

By Representative Webster-
HB 535-A bill to be entitled An act relating to driver's education;
amending s. 322.13, F.S.; authorizing private secondary schools to provide
driver's education courses and driver's license examinations; providing
immunity from liability for persons employed to conduct such courses or
examinations; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education.

By Representative Sublette-
HB 537-A bill to be entitled An act relating to elections; amending s.
98.081, F.S.; providing that electors temporarily removed from the
registration books are not qualified electors for the purposes of voting and
signing petitions; providing that a signature of such an elector on a petition
is not sufficient notice to the supervisor of elections of unchanged
registration status; amending s. 98.211, F.S.; providing that the registration
books are public records subject to inspection, examination, and
duplication as provided by law; deleting provisions that restricted the
furnishing of registration information to'certain persons and entities;
prohibiting the use of registration lists for commercial purposes; providing
penalties; repealing s. 4, ch. 91-235, Laws of Florida, relating to an
amendment to s. 98.211(2), F.S., with a future effective date, to conform;
amending s. 99.061, F.S.; providing for the decertification of candidates
who fail, within a specified time period, to correct errors in their qualifying
papers or fees, who fail to qualify in accordance with any provision of the
election code, or who intentionally fail to claim or pick up the notification
of errors or omissions sent to them by registered mail; amending s. 99.092,
F.S.; requiring qualifying fees to be paid by cashier's check purchased from
campaign account funds; amending s. 106.11, F.S., relating to expenditures
from campaign accounts, to conform; amending ss. 99.0955 and 99.096,
F.S.; conforming the petition filing deadlines of independent and minor
party candidates with those of other candidates; amending s. 99.097, F.S.;

authorizing minor party candidates to sign an oath of undue financial
burden in lieu of paying the petition signature verification charges;
creating s. 101.625, F.S.; authorizing the facsimile transmission of ballots
to qualified absent electors; providing the requirements of such ballots,
including the requirements to request, receive, and vote such ballots;
providing for requests for such ballots during an emergency; authorizing
the Department of State to adopt any rules necessary for such purpose;
amending s. 103.021, F.S.; revising provisions relating to nomination of
presidential electors to incorporate reference to independent candidates;
providing for the designation and ballot requirements of a replacement for
the vice presidential nominee of an independent candidate in the event of
a vacancy in that nomination; amending s. 105.035, F.S.; eliminating the
undue financial burden requirement for judicial candidates to qualify by
the alternative method; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representatives Webster, Wise and Jacobs-
HB 539-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Webster, Stafford, Thomas, Posey, Wise and
Jacobs-
HB 541-A bill to be entitled An act relating to driving or operating a
vessel under the influence; amending s. 316.193, F.S.; lowering the blood
alcohol level that constitutes an element of the offense of driving under the
influence; amending s. 316.1934, F.S.; revising provisions relating to
presumption of impairment to conform to the amendment of s. 316.193,
F.S.; amending s. 322.2615, F.S.; revising provisions relating to suspension
of a driver's license to conform to the amendment of s. 316.193, F.S.;
amending s. 322.291, F.S.; requiring persons whose driver's license was
suspended for driving with an unlawful blood alcohol level to present
evidence of enrollment in an advance driver improvement course or
substance abuse education course before his driving privilege may be
reinstated; amending s. 322.64, F.S.; amending provisions relating to
operating a commercial motor vehicle to conform to the amendment of s.
316.193, F.S.; amending s. 327.35, F.S.; lowering the blood alcohol level that
constitutes an element of the offense of operating a vessel under the
influence; amending s. 327.354, F.S.; revising provisions relating to
presumption of impairment to conform to the amendment of s. 327.35, F.S.;
providing penalties; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Pruitt and Mackenzie-
HB 543-A bill to be entitled An act relating to alcoholic beverages;
amending s. 561.14, F.S.; revising language with respect to licenses for
vendors to sell alcoholic beverages at retail only; prohibiting certain
ownership practices with respect to a pool buying group; amending s.
562.03, F.S.; revising language with respect to the storage of certain
beverages; creating s. 563.023, F.S.; requiring vendors to observe
distributors territories; providing remedies; creating s. 563.024, F.S.;
providing for the physical possession by the distributor of malt beverages;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries and
Appropriations.

By Representatives Martinez, Miller and Rush-
HB 545-A bill to be entitled An act relating to Hillsborough County;
providing for the relief of Michelle O. Cardona, to compensate her for

February 2, 1993

30

JOURNAL OF THE HOUSE OF REPRESENTATIVES

injuries suffered during the course of treatment received at Tampa General
Hospital; providing for payment by the Hillsborough County Hospital
Authority; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Glickman-
HB 547-A bill to be entitled An act relating to historic preservation;
amending s. 266.0057, F.S.; revising the membership of architectural
review boards in Hillsborough County; revising powers of such boards
relating to variances from ordinances; amending s. 266.00572, F.S.; revising
the membership of the Barrio Latino Commission; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Jamerson-
HB 549-A bill to be entitled An act relating to education; creating s.
236.1229, F.S.; creating the Florida School Improvement and Academic
Achievement Trust Fund; requiring use of funds to provide challenge
grants and matching endowment grants to district school boards; providing
for administration; providing for allocation and matching of funds;
requiring district trust funds and providing duties of direct-support
organizations; prohibiting certain uses of funds; providing for termination
of the trust fund; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Crist-
HB 551-A bill to be entitled An act relating to the crimes of assault
and battery; amending s. 784.07, F.S.; providing enhanced penalties for a
person who commits assault, battery, aggravated assault, or aggravated
battery upon a security officer engaged in the lawful performance of his
duties; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Fuller, Wise, Constantine, Ogles and Sublette-
HB 553-A bill to be entitled An act relating to elections; amending s.
98.051, F.S.; authorizing voter registration on Sundays at locations other
than the main office of the supervisor of elections, subject to prior notice;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representative Feren-
HB 555-A bill to be entitled An act relating to juvenile offenders;
amending s. 39.052, F.S.; providing for criminal prosecution of a juvenile
who commits or attempts to commit a felony or violent misdemeanor at the
instigation of a youth or street gang; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Arnall, Thrasher, Reddick, Upchurch, Healey,
Merchant, Albright, Feeney, Couch and Buddy Johnson-
HB 557-A bill to be entitled An act relating to professional sports
facilities; amending s. 212.20, F.S.; providing for distribution of a portion
of revenues from the tax on sales, use, and other transactions to a
professional golf hall of fame facility; creating s. 288.1168, F.S.; providing
for certification of such facility by the Department of Commerce; providing
requirements for certification and distribution of funds; providing for use
of the funds distributed to the facility; providing for audits by the
Department of Revenue; providing for confidentiality and for review and
repeal; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Tourism & Economic Development,
Finance & Taxation and Appropriations.

By Representatives Arnall, Buddy Johnson and Hawkes-
HCR 559-A concurrent resolution requesting members of the Florida
Congressional Delegation to appear before a joint session of the Florida
Legislature to discuss problems relating to unfunded federal mandates.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Appropriations.

By Representative Morroni-
HB 561-A bill to be entitled An act relating to substance abuse;
amending s. 893.03, F.S., relating to controlled substance standards and
schedules; providing technical changes to update and clarify the schedules;
amending s. 893.135, F.S., relating to trafficking in a controlled substance;
providing clarification of the substances that are included under the crime
of trafficking in illegal drugs; providing other editorial clarifications;
correcting cross references; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice.

By Representatives Arnall, Thrasher and Upchurch-
HB 563-A bill to be entitled An act relating to St. Johns County,
relating to construction contract bidding requirements for the board of
county commissioners; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

By Representatives Crady and Arnall-
HB 565-A bill to be entitled An act relating to state lands; amending
s. 253.002, F.S.; authorizing the Board of Trustees of the Internal
Improvement Trust Fund to delegate certain duties or obligations to the
Division of State Lands of the Department of Natural Resources;
amending s. 253.025, F.S.; clarifying procedures and duties related to
acquiring state lands; authorizing reimbursement of certain costs related
to the purchase of lands by the state; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Cosgrove-
HB 567-A bill to be entitled An act relating to 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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representative Pruitt-
HB 569-A bill to be entitled An act relating to chemical standards;
amending s. 501.916, F.S.; clarifying criteria for mislabeled antifreeze;
repealing s. 501.918(6), F.S., relating to use of the term "ethylene glycol";
amending s. 501.921, F.S.; authorizing certain rules of the Department of
Agriculture and Consumer Services to contain certain standards or
specifications; amending s. 525.037, F.S.; making it unlawful to sell or
distribute certain petroleum fuel; creating s. 531.415, F.S.; authorizing the
department to establish certain fees for certain purposes; providing for
payment and deposit of such fees; providing an exception; repealing s.
20.13(2)(d), F.S., relating to the Division of Liquefied Petroleum Gas in the
Department of Insurance; amending s. 527.01, F.S.; redefining department
to be the Department of Agriculture and Consumer Services; transferring
the powers, duties, records, personnel, property, and certain funds of the
Division of Liquefied Petroleum Gas to the Department of Agriculture and
Consumer Services; providing an effective date.

February 2, 1993

31

32 JOURNAL OF THE HOUSE

First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Geller-
HB 571-A bill to be entitled An act relating to insurance; amending
s. 626.321, F.S.; authorizing certain individuals to sell certain types of
insurance; amending s. 627.553, F.S.; specifying types of credit life
insurance which may be issued for debtor groups; providing criteria for
such types of insurance; providing limitations; amending s. 627.676, F.S.;
providing for scope of part; amending s. 627.677, F.S.; providing
definitions; amending s. 627.681, F.S.; limiting the term of mortgage
insurance; creating s. 627.685, F.S.; providing certain limitations on
mortgage insurance; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance.

By Representatives Webster, Kelly and Sindler-
HB 573-A bill to be entitled An act relating to alcoholic beverages;
creating s. 562.0605, F.S.; requiring licensed vendors to post certain health
warning signs in licensed self-serve package outlets; directing the Division
of Alcoholic Beverages and Tobacco of the Department of Business
Regulation to furnish the required signs; prohibiting the selling or serving
of an alcoholic beverage in a room in which such a warning sign is not
posted as required; providing penalties; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries and
Appropriations.

By Representative Benson-
HB 575-A bill to be entitled An act relating to plumbing; amending
s. 553.141, F.S.; providing an exception for certain licensed establishments
from requirements for the ratio of facilities for men and women in public
restrooms; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and
Appropriations.

By Representative Dennis-
HB 577-A bill to be entitled An act relating to adult day care centers;
transferring powers, duties, and functions relating to regulation and
licensure of such centers from the Department of Health and
Rehabilitative Services to the Department of Elderly Affairs; transferring
part IV of chapter 400, F.S., to chapter 430, F.S.; amending ss. 400.551,
400.552, 400.555, and 400.5575, F.S., to conform; amending ss. 410.0241,
410.604, and 415.107, F.S.; deleting references to adult day care centers in
provisions relating to programs and responsibilities of the Department of
Health and Rehabilitative Services; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Crist-
HB 579-A bill to be entitled An act relating to access of the
handicapped; amending s. 413.08, F.S.; deleting a prohibition against
having a guide dog or service dog in certain locations; providing for gender
neutrality; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

By Representatives Ritchie, Kerrigan and Benson-
HB 581-A bill to be entitled An act relating to Escambia County;
amending chapter 92-248, Laws of Florida; providing for certain water
service utilities to provide consumption information to the Escambia
County Utilities Authority and to terminate water service on account of
nonpayment of charges for utility services furnished by the Escambia
County Utilities Authority; providing for reimbursement of the cost;
providing an effective date.

E OF REPRESENTATIVES February 2, 1993

Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Business &
Professional Regulation.

By Representatives Ritchie and Davis-
HB 583-A bill to be entitled An act relating to public pension or
retirement benefits and subsidies; amending s. 20.13, F.S., relating to the
structure of the Department of Insurance, to delete duties of the Division
of Benefits that are assigned or eliminated by this act; amending s. 112.363,
F.S.; increasing the employer contribution rate to fund the retiree health
insurance subsidy; providing legislative intent with respect to
governmental retirement systems; amending s. 121.021, F.S.; conforming
the definition of the term "covered group" as used with respect to the
Florida Retirement System to a change in terminology made by this act;
amending ss. 121.052, 121.055, 121.071, 121.40, F.S.; revising contribution
rates applicable to members of the Elected State and County Officers'
Class, the Senior Management Service Class, and the Regular, Special
Risk, and Special Risk Administrative Support Classes of the Florida
Retirement System and the contribution rate applicable to the
supplemental retirement plan for the Institute of Food and Agricultural
Sciences of the University of Florida; amending s. 121.091, F.S.; revising
death benefit provisions under the Florida Retirement System to provide
for reinstatement of benefits to a surviving spouse whose benefit
terminated due to remarriage; amending s. 121.122, F.S., relating to
renewed membership to correct a reference; amending ss. 175.021, 175.032,
175.041, 175.061, 175.071, 175.081, 175.091, 175.101, 175.111, 175.121,
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, 175.341, 175.351,
175.361, 175.401, 185.02, 185.05, 185.09, 185.10, 185.221, 185.23, 185.35,
185.37, and 185.50, F.S., relating to municipal firefighters' and police
officers' pension or retirement plans and retiree health insurance subsidies;
transferring certain powers, duties, and functions of the Department of
Insurance respecting those plans and subsidies to the Department of
Management Services and assigning them to the Division of Retirement;
providing for transfer of related records, personnel, property, and funds;
providing for continuation of certain existing rules; abolishing the Bureau
of Municipal Police Officers' and Firefighters' Pension Funds of the
Division of Benefits of the Department of Insurance; eliminating certain
reports to the Department of Banking and Finance; specifying certain
duties of the Department of Revenue; providing for disposition of premium
tax moneys collected under chs. 175 and 185, F.S.; providing for annual
appropriation of such moneys; providing for investment of such moneys by
the Insurance Commissioner and Treasurer; providing for payment of
certain administrative expenses of the Division of Retirement and the
Department of Insurance; providing legislative intent that firefighters
employed by special fire control districts should be entitled to the
retirement benefits available to municipal firefighters under ch. 175, F.S.;
providing for pension funds, retirement benefits, and retiree health
insurance subsidies for firefighters employed by special fire control
districts, which funds, benefits, and subsidies are subject to the same
statutory requirements as pension funds and retirement benefits for
municipal firefighters; clarifying that undistributed funds are annually
transferred to support the firefighters' supplemental compensation
program; providing for redistribution of certain surplus funds; conforming
the provisions of chs. 175 and 185, F.S., to this act; conforming cross-
references, deleting obsolete provisions, and revising terminology to
improve clarity; repealing s. 185.24, F.S., relating to annual appropriations
for administrative expenses, which section is superseded by this act;
amending s. 624.520, F.S., relating to preemption by the state of insurer
premium taxes, to conform; amending s. 633.382, F.S., relating to the
Firefighters Supplemental Compensation Trust Fund; providing for curing
of deficits; providing for redistribution of certain funds; providing
legislative intent with respect to other acts affecting contribution rates;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations,
Finance & Taxation and Appropriations.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Mitchell-
HB 585-A bill to be entitled An act relating to corporate filing fees;
amending s. 607.193, F.S.; exempting certain nonprofit corporations from
the supplemental corporate fee; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation and
Appropriations.
By Representatives Chestnut and Albright-
HB 587-A bill to be entitled An act relating to public assistance;
creating the Public Assistance Clients Transition (P.A.C.T.) program of
1993; providing definitions; providing legislative intent and purpose for a
plan to conduct demonstration projects to evaluate the effectiveness of
converting the state's social services delivery system into a new concept of
a covenant between the state to provide enhanced services and the client
to receive time-limited benefits in exchange for the enhanced services;
providing goals, principles, and critical success factors; requiring two
demonstration projects to test and evaluate programmatic features in mid-
sized counties with urban dynamics; providing that the P.A.C.T. program
be operated on the principle of time-limited duration of benefit payments
in exchange for concentrated, intensive case management featuring high-
quality holistic services provided on a continuum progressing from
dependence through independence to contribution; providing for use of a
program application model with six primary phases; providing for waivers
from state and federal law; requiring data collection and a comprehensive
evaluation component for all phases and programs of the P.A.C.T. program
and its demonstration projects; providing for demonstration project site
selection and the establishment of review panels; providing review panel
duties and procedure; providing for an additional final review by the
district administrator with the option of assigning a protective payee;
providing for certain exemptions and exceptions to durational limitations;
providing for screening and assessment, family resource centers, colocated
integrated services delivered through a single delivery system, a full range
of voluntary public health services, daily application and orientation
sessions, participant informed consent notification, certain changes in
AFDC requirements intended to encourage independence, employment,
education and training, and two-parent families, options for support
services, formal motivational training, asset accumulation, income and
earnings and other disregards, and expansion or extension of Project
Independence, transition assistance, subsidized child care, and Medicaid
programs; providing program participation requirements and six-month
employability reviews; providing P.A.C.T. program absent parent
participation requirements; providing for P.A.C.T. program meritorious
success and service awards and program certificates of completion;
providing for demonstration project outstanding participant bonuses;
providing additional duties of the Department of Health and
Rehabilitative Services relating to conduct of the P.A.C.T. program,
including reorganization of services, development of public and private
partnerships, interagency cooperation to end disincentives to employment,
rental subsidy programs, public awareness programs, and annual reporting
on the progress of the P.A.C.T. program; providing an appropriation and
providing intent to optimize federal matching funds and other funding
opportunities; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Edwards-
HB 589-A bill to be entitled An act relating to commercial motor
vehicles; amending s. 316.515, F.S.; providing an exemption from length
limitations for a truck or truck tractor-semitrailer combination
transporting horticultural trees; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representative Futch-
HB 591-A bill to be entitled An act relating to lewd and lascivious
behavior; amending s. 800.04, F.S.; prohibiting eligibility for gain-time for
persons convicted of committing a lewd, lascivious, or indecent assault or
act upon or in the presence of a minor child; providing an effective date.

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Corrections and Appropriations.

By Representatives Sindler, Sublette, Davis, Hafner, Rojas,
Armesto-Garcia, Hanson, Lawson, Arall, Schultz and Buddy Johnson-
HB 593-A bill to be entitled An act relating to child abuse and neglect;
amending s. 415.501, F.S.; providing legislative intent that, by local option,
investigations of child abuse or neglect may be performed by the county
sheriff's office, rather than the Department of Health and Rehabilitative
Services; amending s. 415.504, F.S.; providing for notice to the county
sheriff's office of reports of child abuse or neglect; providing for
investigation and classification of such reports by the county sheriff's
office; amending s. 415.505, F.S.; specifying requirements with respect to
child protective investigations by the county sheriff's office; amending s.
415.506, F.S.; requiring notice to the county sheriff's office of the taking
of a child into protective custody; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Starks-
HB 595-A bill to be entitled An act relating to controlled substance
violations; amending s. 893.13, F.S.; prohibiting specified unlawful
activities within 1,000 feet of a church, mosque, synagogue, or other facility
of an established religion, any public housing, or a recreational facility or
public park, for which criminal penalties are provided by law, including a
minimum mandatory term of imprisonment for certain violations;
reenacting s. 903.133, F.S., relating to bail on appeal, to incorporate said
amendment in a reference thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Couch-
HB 597-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Peeples-
HB 599-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.04, F.S.; providing that no tax on
admissions not actually collected before the effective date of the act shall
be due from any political subdivision of the state; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

By Representative Bainter-
HB 601-A bill to be entitled An act relating to bridge designations;
designating the St. Johns River Bridge along U.S. Highways 17/92 (State
Roads 15/600) between Seminole and Volusia Counties as "C. A. 'Bill'
Benedict Bridge"; directing the Department of Transportation to erect
suitable markers; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation.

By Representatives Mortham, Sublette, Villalobos, Webster, King,
Fuller, Pruitt, Jones, Hanson, Thomas, Starks, Bainter, Armesto-Garcia,
Laurent, Feeney, Valdes, Buddy Johnson, Albright, Manrique, Kerrigan,
Morroni, Thrasher, Ogles, Barreiro, Safley, Wise, Hawkes, Littlefield,
Stabins, Futch, Bitner, Couch, Benson, Arnall, Gay, Morse, Posey,
Constantine, Merchant and Casey-

February 2, 1993

33

34 JOURNAL OF THE HOUSE

HB 603-A bill to be entitled An act relating to elections; amending s.
99.021, F.S.; requiring candidates for statewide or legislative office to sign
a fair campaign practices pledge; amending ss. 99.095, 99.0955, 99.096, and
112.312, F.S., to conform; amending s. 104.271, F.S.; providing a criminal
penalty for making a false statement about an opposing candidate;
amending s. 106.143, F.S.; providing additional requirements for political
advertisements that endorse a candidate running for public office;
providing penalties; amending s. 106.08, F.S.; providing that certain
services, assistance, and efforts are contributions for purposes of the cap
on contributions a candidate may accept from a political party; amending
s. 106.29, F.S., relating to reports by political parties; requiring such reports
to be filed on the same days as are reports filed by candidates; requiring
such reports to itemize expenditures made on behalf of candidates for
statewide or legislative office; requiring the Division of Elections to audit
such reports in a timely manner and to file complaints arising therefrom
with the Florida Elections Commission; increasing the fines for late
reporting and for knowingly filing an incorrect, false, or incomplete report;
providing for forfeiture of filing fees of political parties contributing funds
to a candidate in excess of the limit the candidate is allowed to accept and,
in addition thereto, prohibiting contribution of funds to party candidates
for statewide or legislative office for the next election cycle; eliminating a
provision providing for an assessment on contributions which has been
declared unconstitutional; amending s. 106.141, F.S.; providing a cap on
the amount of surplus funds that may be disposed of by giving the funds
to the candidate's political party; providing penalties; amending ss. 106.04
and 106.07, F.S., and repealing s. 106.32(3), F.S.; eliminating provisions
providing for an assessment on contributions which has been declared
unconstitutional; repealing s. 100.091, F.S., relating to the second primary
election; repealing s. 100.096, F.S., relating to special local elections to be
held at the second primary election; amending s. 100.061, F.S.; providing
for a single primary election, including the date for holding that election;
providing that candidates receiving the highest number of votes in the
primary election be declared nominated; providing a method for deciding
tie votes; eliminating the second primary; amending ss. 10.1008, 97.021,
98.051, 98.081, 99.061, 99.095, 99.103, 100.071, 100.081, 100.111, 100.141,
101.141, 101.251, 101.252, 101.62, 102.012, 103.021, 103.022, 103.091,
105.031, 105.041, 105.051, 106.07, and 106.08, F.S.; conforming language;
modifying provisions relating to ballots sent to absent qualified electors
overseas; amending s. 102.031, F.S.; expanding the area at each polling
place within which solicitation of voters is prohibited on election day;
creating s. 99.013, F.S., relating to the residency requirement of law for
candidates for public office and elected and appointed 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; requiring candidates for certain offices
to meet the residency requirement at the time of qualifying for office and
certain appointed public officers to meet the residency requirement at the
time of appointment; 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.
First reading by publication (Art. III, s. 7, Florida Constitution).

___ ___

Referred to the Committee(s) on Ethics & Elections and Appropriations. First reading by publication (Art. III, s. 7, Florida Constitution).

By Representatives Mortham, Villalobos, Jones, King, Fuller, Pruitt,
Thomas, Starks, Hanson, Feeney, Bainter, Armesto-Garcia, De Grandy,
Buddy Johnson, Albright, Valdes, Morroni, Sublette, Kerrigan, Laurent,
Barreiro, Safley, Wise, Ogles, Littlefield, Futch, Bitner, Couch, Stabins,
Benson, Arnall, Gay, Morse, Posey, Casey, Thrasher, Constantine,
Merchant and Manrique-
HJR 605-A joint resolution proposing amendments to Sections 2 and
15 of Article III, Sections 8, 17, and 18 of Article V, and Section 1 of Article
VIII and the creation of Section 7 of Article VI of the State Constitution,
relating to constitutional residency requirements for elective public office.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Business & Professional Regulation,
Finance & Taxation and Appropriations.

By Representatives Kelly, Safley and Ogles-
HB 617-A bill to be entitled An act relating to mobile home owner
associations; amending s. 723.077, F.S.; providing an additional
requirement to be included in articles of incorporation for a homeowners'
association; amending s. 723.078, F.S.; revising language with respect to
bylaws of homeowners' associations; creating part II of chapter 723, F.S.;
consisting of ss. 723.202-723.228, F.S.; providing requirements with respect
to resident-owned mobile home communities; providing for application of
the part; providing definitions; providing for meetings; providing

l]

E OF REPRESENTATIVES February 2, 1993

Referred to the Committee(s) on Ethics & Elections.

By Representatives Kelly, King, Jones and Morse-
HB 607-A bill to be entitled An act relating to dentistry and dental
hygiene; amending s. 466.017, F.S.; authorizing administration of local
anesthesia by licensed dental hygienists; requiring supervision of a licensed
dentist; requiring certification; specifying qualifications; providing a fee;
providing for rules; reenacting s. 466.028(1)(gg), F.S., relating to grounds
for disciplinary action, to incorporate the amendment to s. 466.017, F.S.,
in a reference thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation,
Finance & Taxation and Appropriations.

By Representatives Lippman, Jones and Rayson-
HB 609-A bill to be entitled An act relating to firefighters,
paramedics, and emergency medical technicians; providing legislative
intent; creating s. 112.181, F.S.; providing definitions; providing that a
disability caused by certain diseases shall be presumed to have been
suffered in the line of duty in certain circumstances and if certain
conditions are met; authorizing certain insurance contracts to include
coverage for such disabilities; requiring records to be kept of an employee's
exposure to such disease; requiring an employee to be notified of such
exposure; providing for confidentiality; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representative Miller-
HB 611-A bill to be entitled An act relating to postsecondary
education; amending s. 240.498, F.S.; changing the name of the Florida
Endowment Fund for Higher Education; amending s. 246.041, F.S.;
conforming language; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education.

By Representative Arnall-
HB 613-A bill to be entitled An act relating to the Florida Revenue
Sharing Act of 1972; amending s. 218.21, F.S.; providing for the guaranteed
entitlement under the act for governments exercising municipal powers
pursuant to s. 6(f), Art. VIII of the State Constitution; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representative Sanderson-
HB 615-A bill to be entitled An act relating to the emergency
telephone number "911" system; amending s. 365.171, F.S.; requiring that
revenues from the "911" fee imposed by a county be divided among the
county and the municipalities therein participating in the system
according to interlocal agreement; specifying requirements applicable to
municipalities receiving such fees; providing an effective date.

JOURNAL OF THE HOUSE

requirements with respect to lot rental increases and representation of
mobile home tenants; providing for official records; providing for financial
reports; providing for obligation of members, waivers, and the levy of fines
against members by the association; providing for the obligation of owners
of mobile homes who rent in a resident-owned community; providing for
the rights of mobile home owners who rent in a resident-owned community;
providing for the transition of association control; providing for
assessments and charges; providing for agreements entered into by the
association; providing for leaseholds; amending s. 196.031, F.S.; including
certain mobile homes under a provision of law relating to homestead
exemption; defining the term "cooperative corporation"; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary, Finance & Taxation and
Appropriations.

By Representative Laurent-
HR 619-A resolution commending Coach Faris Brannen and the
Frostproof High School Football Team for winning the Class AA State
Football Championship with a perfect record of 13-0.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representative Brown-
HB 621-A bill to be entitled An act relating to parent-child tort
immunity; abrogating the common law doctrine with regard to actions
founded on abuse, incest, or sexual battery; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Couch-
HB 623-SF-A bill to be entitled A proposal relating to electronic filing
of health insurance claims.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Laurent-
HB 625-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 reduction of benefits for failure
to comply; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Couch-
HB 627-A bill to be entitled An act relating to the district school
system; requiring the transfer of a percentage of administrative salaries to
teacher salaries in each school district; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Bush-
HCR 629-A concurrent resolution supporting education as a
fundamental right.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education.

By Representative Starks-
HB 631-A bill to be entitled An act relating to state and local
government; prohibiting local, regional, and state government agencies
from responding to any request for proposals or invitation to bid for the
provision of services from any public or private entity; providing an
effective date.

February 2, 1993

E OF REPRESENTATIVES 35

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representative Starks-
HB 633-A bill to be entitled An act relating to public lodging
establishments; creating s. 509.2017, F.S.; requiring that public lodging
establishments display a specified water conservation notice in each unit;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Rush-
HB 635-A bill to be entitled An act relating to financial matters;
amending s. 215.444, F.S.; providing for an additional member on the
Investment Advisory Council, who shall represent public employees;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations.

By Representative Long-
HB 637-SF-A bill to be entitled An proposal relating to the Florida
Education Finance Program.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation and
Appropriations.

By Representative Goode-
HB 639-A bill to be entitled An act relating to health care providers;
repealing s. 455.238, F.S., relating to a prohibition against a markup on
certain charges; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Burke-
HB 641-A bill to be entitled An act relating to family law; amending
s. 61.046, F.S.; revising certain definitions; amending s. 61.052, F.S.;
deleting the requirement of corroboration of residency as a prerequisite to
dissolution of marriage; amending s. 61.075, F.S.; providing that
distribution of marital assets and liabilities shall be equal unless there is
a justification for unequal distribution; including additional factors to be
considered in distribution; amending s. 61.13, F.S.; revising language with
respect to spousal or child abuse with respect to child custody; providing
for modification of child custody awards by certain circuit courts;
providing an additional factor to be considered with respect to joint
custody; amending s. 61.1301, F.S.; clarifying the application of income
deduction orders; amending s. 61.14, F.S.; providing language with respect
to proof required to modify certain obligations of support, maintenance,
or alimony; amending s. 61.16, F.S.; providing that an application for
attorney's fees, suit money, or costs shall not require corroborating expert
testimony; amending s. 741.235, F.S.; revising language with respect to
immunity from tort liability of a husband and wife; amending s. 742.045,
F.S.; providing that an application for attorney's fees, suit money, or costs
shall not require corroborating expert testimony; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Reddick and Sindler-
HB 643-A bill to be entitled An act relating to educational
enhancement; providing for the issuance of Florida educational license
plates by the Department of Highway Safety and Motor Vehicles;
prescribing duties of the department with respect to such license plates;
prescribing fees for such plates; prescribing uses of the proceeds from such
license plates in enhancing educational programs; providing for automatic
deauthorization of the plates in certain circumstances; providing an
effective date.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

By Representative Mackey-
HB 645-A bill to be entitled An act relating to law enforcement and
correctional officers; amending s. 112.193, F.S.; providing that the
employer of a law enforcement or correctional officer may present the
spouse or beneficiary with certain items upon the death of the officer;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representatives Greene and Lawson-
HB 647-A bill to be entitled An act relating to postsecondary
education; creating s. 240.1162, F.S.; requiring establishment of an
articulation accountability process; amending s. 240.117, F.S.; requiring a
single entry-level placement test for postsecondary education; amending
s. 240.118, F.S., relating to feedback data, to provide for improvement in
student readiness for postsecondary education; amending s. 240.321, F.S.;
conforming language; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representative Casey-
HB 649-A bill to be entitled An act relating to the tax on cigarettes;
amending s. 210.02, F.S.; increasing the rates of said tax; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Hafner-
HB 651-A bill to be entitled An act relating to education; amending
s. 230.2305, F.S.; revising a requirement for administrative personnel with
responsibility for the prekindergarten early intervention program;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Thomas-
HB 653-A bill to be entitled An act relating to the Florida Residential
Landlord and Tenant Act; amending s. 83.43, F.S.; redefining the term
"rent"; amending s. 83.46, F.S.; revising language with respect to duration
of tenancies; amending s. 83.49, F.S.; revising language with respect to
security deposits; providing for application; amending s. 83.51, F.S.;
revising language with respect to the landlord's duty to maintain the
premises; providing exceptions; amending s. 83.52, F.S.; revising language
with respect to the duty of the tenant to maintain the dwelling unit;
amending s. 83.535, F.S.; requiring the tenant to carry flotation insurance
under certain circumstances; amending s. 83.56, F.S.; defining the term
"legal holiday"; providing certain requirements for tenants who wish to
defend against an action for possession of the unit; providing requirements
for landlords receiving certain subsidies; amending s. 83.60, F.S.; revising
provisions with respect to defenses to actions for rent or possession;
amending s. 83.67, F.S.; providing an exception from prohibited actions for
certain landlords; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Buddy Johnson, Feeney, Thrasher, Hawkes,
Littlefield, Webster, Mortham, Morroni, King and De Grandy-
HB 655-A bill to be entitled An act relating to education; amending
s. 232.246, F.S., relating to general requirements for high school
graduation; decreasing the number of required credits and providing for

determination by district school boards; conforming provisions; amending
s. 236.081, F.S., relating to the Florida Education Finance Program, to
conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representatives Albright, Kelly and Pruitt-
HB 657-A bill to be entitled An act relating to human
immunodeficiency virus; amending s. 381.004, F.S.; revising an exemption
from informed consent requirements for performance of human
immunodeficiency virus (HIV) related tests by medical personnel;
amending s. 384.25, F.S.; requiring physician reporting of HIV infection to
the county public health unit for specified purposes; revising requirements
for county public health unit reporting of HIV infection to the State Health
Office; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representatives Hafner, Ritchie, Davis, Mackenzie and Sembler-
HB 659-A bill to be entitled An act relating to developmental
disabilities; amending s. 393.068, F.S.; expanding services and support
authorized under the family care program; creating family care councils
within each service district of the Department of Health and Rehabilitative
Services; providing for appointment of members; providing for meetings
and continued existence; specifying purpose and functions; requiring the
department to provide an accounting, to the councils and others, of in-
home subsidies paid to clients in family care programs; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Jacobs-
HB 661-A bill to be entitled An act relating to wastewater reuse;
amending ss. 125.01, 125.0101, 125.0103, 125.3401, 125.42, 125.485, 153.02,
159.02, 163.3164, 163.3177, 163.3221, 166.231, 166.411, 170.01, 170.03,
180.06, 180.07, 180.191, 180.301, 189.423, 190.012, 190.0125, 361.07,
367.021, 367.031, 367.081, 367.0814, 367.165, 387.04, 403.031, 403.1815,
403.1822, 403.1824, 403.1826, 403.1829, 403.1834, 403.1835, and 403.804,
F.S.; including wastewater reuse in provisions relating to regulation of
sewerage; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Starks-
HB 663-A bill to be entitled An act relating to educational finance;
amending s. 236.081, F.S.; revising the Florida Education Finance Program
to delete the district cost differential and sparsity supplement; conforming
provisions; amending s. 236.25, F.S.; deleting the authorized school
operating discretionary millage levy; amending ss. 200.001 and 228.053,
F.S., to conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation and
Appropriations.

By Representative Starks-
HB 665-A bill to be entitled An act relating to sentencing; amending
s. 775.087, F.S.; increasing the mandatory minimum sentence for persons
convicted of possessing a firearm or destructive device during the
commission of certain felonies; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Bush-
HB 667-A bill to be entitled An act relating to education; amending
s. 230.2316, F.S., relating to dropout prevention programs; providing for

36

February 2, 1993

the funding of children enrolled in child cawe centers under the teenage
parent program; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Mishkin-
HB 669-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; amending s.
403.165, F.S.; providing for additional uses of the Pollution Recovery Fund;
imposing fees for toxics use reduction; requiring certain facilities to
prepare toxics use reduction plans; specifying plan contents; providing
confidentiality for trade secrets; providing for review and repeal; providing
procedures for determining and resolving trade secret claims; requiring
certain persons to prepare annual toxics use reduction reports; providing

37

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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance & Taxation
and Appropriations.

Reports of Standing Committees
Received January 26:
The Committee on Criminal Justice recommends the following pass:
HB 125
The above bill was placed on the Calendar.

Recessed
Pursuant to the motion previously agreed to, the House recessed at
12:26 p.m., to reconvene at 10:30 am., Tuesday, February 9.

February 2, 1993

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

The Committees

(as of January 15, 1993)

[Democrats in Roman

Aging & Human Services (Group IV)
Art Simon (Chair), Philip Mishkin (Vice Chair), George Albright, Bruno
A. Barreiro, Jr., Elaine Bloom, Shirley Brown, Larcenia J. Bullard, James
Bush III, Robert K. Casey, Tom Feeney, Steven A. Geller, Ronald C.
Glickman, Elaine Gordon, Addie L. Greene, Suzanne Jacobs, Buddy
Johnson, Carl D. Littlefield, Anne Mackenzie, Jeff Stabins, William E.
Sublette, Jack N. Tobin, Tracy W. Upchurch, Stephen R. Wise
Subcommittees
Aging & Rehabilitation: Gordon (Chair), Barreiro, Brown, Bullard,
Bush, Casey, Geller, Jacobs, Buddy Johnson, Littlefield, Mishkin, Stabins
Social, Economic & Developmental Services: Glickman (Chair),
Albright, Bloom, Feeney, Greene, Mackenzie, Sublette, Tobin, Upchurch,
Wise

Agriculture & Consumer Services (Group III)
Bert J. Harris, Jr. (Chair), Julie McClure (Vice Chair), F. Allen
Boyd, Jr., Irlo "Bud" Bronson, Lori Edwards, James B. Fuller, Howard E.
Futch, Addie L. Greene, Douglas L. Jamerson, James P. Kerrigan, John
Laurent, Richard A. McMahan, O. R. Minton, Jr., Kenneth P. Pruitt, Luis
E. Rojas, Dean P. Saunders, Charles W. Sembler II
Subcommittees
Consumer Services: D. Saunders (Chair), Futch, Jamerson,
McMahan, McClure, Pruitt, Rojas
General Agriculture & Marketing: Bronson (Chair), Boyd,
Edwards, Fuller, Greene, Kerrigan, Laurent, Minton, Sembler

Appropriations (Group V)
John Long (Chair), Elaine Gordon (Vice Chair), George Albright,
J. Keith Arnold, F. Allen Boyd, Jr., Mary Brennan, Irlo "Bud" Bronson,
George A. Crady, Jim Davis, Josephus Eggelletion, Jr., Rodolfo Garcia, Jr.,
Lars A. Hafner, Carol G. Hanson, Mary Ellen Hawkins, Edward J. Healey,
Douglas L. Jamerson, Dennis L. Jones, Everett A. Kelly, James E.
King, Jr., Willie Logan, Jr., Anne Mackenzie, Joseph R. Mackey, Jr., Elvin
L. Martinez, Sam Mitchell, Luis C. Morse, Vernon Peeples, Kenneth P.
Pruitt, John C. Rayson, Alzo J. Reddick, Buzz Ritchie, Hurley W. Rudd,
Debby P. Sanderson, Dean P. Saunders, Ron Saunders, David L. Thomas,
Robert DeWitt Trammell, Carlos L. Valdes, Daniel Webster
Subcommittees
Aging, Health & Human Services: Ritchie (Chair), Albright,
Brennan, Eggelletion, Hafner, Jones, Peeples, Rayson, Sanderson
Criminal Justice: Logan (Chair), Crady, Hanson, Kelly, Martinez,
R. Saunders, Thomas, Trammell, Valdes
Education: Arnold (Chair), Boyd, Davis, Garcia, Hawkins, Jamerson,
King, Mackenzie, D. Saunders
General Government & Transportation: Mitchell (Chair),
Bronson, Healey, Mackey, Morse, Pruitt, Reddick, Rudd, Webster

Business & Professional Regulation (Group II)
Jack N. Tobin (Chair), James Bush III (Vice Chair), Lois Benson, Irlo
"Bud" Bronson, Beryl D. Burke, Scott W. Clemons, John F. Cosgrove,
Muriel Dawson, Lars A. Hafner, Douglas L. Jamerson, Dennis L. Jones,
Frederick Lippman, Willie Logan, Jr., Julie McClure, Richard A.
McMahan, Sharon J. Merchant, Lesley Miller, Jr., Luis C. Morse, Mark
R. Ogles, John C. Rayson, Alzo J. Reddick, Charlie Roberts, Hurley W.
Rudd, R. Z. Safley, Robert B. Sindler, Tracy Stafford, Robert J. Starks,
Carlos L. Valdes, Tom Warner, Stephen R. Wise
Subcommittees
Business Regulation: Clemons (Chair), Logan, McMahan, Merchant,
Miller, Ogles, Rudd, Stafford, Starks
Professional Regulation: Lippman (Chair), Bronson, Bush,
Cosgrove, Jones, Morse, Reddick, Roberts, Sindler, Valdes

Republicans in Italic]

Public & Private Utilities: Rayson (Chair), Benson, Burke, Dawson,
Hafner, Jamerson, McClure, Safley, Warner, Wise

Commerce (Group IV)
Frederick Lippman (Chair), Richard A. McMahan (Vice Chair), Michael
I. Abrams, Joseph Arnall, Lois Benson, David I. Bitner, F. Allen Boyd, Jr.,
Beryl D. Burke, Scott W. Clemons, Muriel Dawson, Lori Edwards, Rodolfo
Garcia, Jr., Ben Graber, Paul M. Hawkes, Douglas L. Jamerson, Dennis
L. Jones, Alfred J. Lawson, Jr., Willie Logan, Jr., Joseph R. Mackey, Jr.,
Carlos A. Manrique, O. R. Minton, Jr., Buzz Ritchie, Charlie Roberts,
Debby P. Sanderson, Ron Saunders, Kimberly M. Shepard, David L.
Thomas, J. Alex Villalobos
Subcommittees
Banking & Corporations: Clemons (Chair), Benson, Burke, Dawson,
Garcia, Jamerson, Lawson, Manrique, McMahan, Sanderson,
R. Saunders, Shepard
Workers' Compensation: Mackey (Chair), Abrams, Arnall, Bitner,
Boyd, Edwards, Graber, Hawkes, Jones, Logan, Minton, Ritchie, Roberts,
Thomas, Villalobos

Community Affairs (Group I)
Ron Saunders (Chair), Harry C. Goode, Jr. (Vice Chair), Michael I.
Abrams, Joseph Arnall, Stan Bainter, D. Lee Constantine, Marvin Couch,
Willye F. Clayton Dennis, Lori Edwards, James B. Fuller, Steven A. Geller,
Edward J. Healey, James P. Kerrigan, Carl D. Littlefield, Willie
Logan, Jr., Elvin L. Martinez, Julie McClure, Philip Mishkin, Mark R.
Ogles, Kenneth P. Pruitt, Alzo J. Reddick, Hurley W. Rudd, Dean P.
Saunders, Kelley R. Smith, Robert J. Starks, Jack N. Tobin, Peter Rudy
Wallace
Subcommittees
Growth Management: Goode (Chair), Arnall, Bainter, Geller, Logan,
Martinez, Pruitt, D. Saunders, Wallace
Intergovernmental Relations: Edwards (Chair), Constantine,
Couch, Dennis, Healey, Littlefield, Rudd, Tobin
Veterans, Military Affairs & Emergency Preparedness: Smith
(Chair), Abrams, Fuller, Kerrigan, McClure, Mishkin, Ogles, Reddick,
Starks

Corrections (Group III)
Kelley R. Smith (Chair), Robert B. Sindler (Vice Chair), Lois Benson,
David I Bitner, Robert K. Casey, Cynthia Moore Chestnut, Scott W.
Clemons, George A. Crady, Victor D. Crist, Josephus Eggelletion, Jr., Carol
G. Hanson, Edward J. Healey, Suzanne Jacobs, Joseph R. Mackey, Jr.,
Elvin L. Martinez, Sam Mitchell, Jeff Stabins, J. Alex Villalobos
Subcommittees
Classification & Reorganization: Sindler (Chair), Bitner, Chestnut,
Clemons, Hanson, Jacobs, Martinez, Villalobos
Prison Construction & Operations: Crady (Chair), Benson, Casey,
Crist, Eggelletion, Healey, Mackey, Mitchell, Stabins

Criminal Justice (Group IV)
Elvin L. Martinez (Chair), Steven B. Feren (Vice Chair), Eladio
Armesto-Garcia, Stan Bainter, Jimmy Charles, Marvin Couch, Victor D.
Crist, Willye F. Clayton Dennis, Carol G. Hanson, James P. Kerrigan, Ron
Klein, Mimi K. McAndrews, Debbie Wasserman Schultz, Robert B.
Sindler, Tracy Stafford, Carlos L. Valdes
Subcommittees
Drugs & Alcohol/Law Enforcement: McAndrews (Chair), Bainter,
Couch, Crist, Dennis, Kerrigan, Schultz, Sindler
Prosecution & Punishment: Stafford (Chair), Armesto-Garcia,
Charles, Feren, Hanson, Klein, Valdes

38

February 2, 1993

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Education (Group I)
Douglas L. Jamerson (Chair), Lars A. Hafner (Vice Chair), Lois Benson,
F. Allen Boyd, Jr., Mary Brennan, Shirley Brown, Larcenia J. Bullard,
Scott W. Clemons, Josephus Eggelletion, Jr., Ronald C. Glickman, Paul M.
Hawkes, Mary Ellen Hawkins, Timothy F. Ireland, Carlos A. Manrique,
Richard A. McMahan, John C. Rayson, Charlie Roberts, R. Z. Safley,
Kimberly M. Shepard, Robert B. Sindler, Jeff Stabins, Joseph G. Tedder,
John Thrasher, Tracy W. Upchurch
Subcommittees
Early Childhood, Elementary & Secondary Education: Clemons
(Chair), Brennan, Bullard, Glickman, Hawkes, Safley, Shepard, Thrasher
School Accountability: Roberts (Chair), Boyd, Eggelletion, Hafner,
Hawkins, Manrique, Stabins, Tedder
Workforce Education: Rayson (Chair), Benson, Brown, Ireland,
McMahan, Sindler, Upchurch

Employee & Management Relations (Group II)
Jim Davis (Chair), Addie L. Greene (Vice Chair), Eladio Armesto-
Garcia, Robert K. Casey, D. Lee Constantine, Victor D. Crist, Howard E.
Futch, Elaine Gordon, Ben Graber, Timothy F. Ireland, James P.
Kerrigan, Alfred J. Lawson, Jr., Philip Mishkin, Brian P. Rush, Art Simon,
Robert DeWitt Trammell
Subcommittees
Employee Benefits: Rush (Chair), Casey, Constantine, Futch,
Greene, Ireland, Simon, Trammell; Davis, ex officio
Employer/Employee Relations: Gordon (Chair), Armesto-Garcia,
Crist, Graber, Kerrigan, Lawson, Mishkin; Davis, ex officio

Ethics & Elections (Group II)
Jack Ascherl (Chair), Kimberly M. Shepard (Vice Chair), J. Keith
Arnold, George A. Crady, Willye F. Clayton Dennis, Lori Edwards, Greg
Gay, Ronald C. Glickman, Bert J. Harris, Jr., Ron Klein, Carlos A.
Manrique, Mimi K. McAndrews, John Morroni, Bill Posey, Kelley R.
Smith, William E. Sublette, J. Alex Villalobos
Subcommittees
Elections: Crady (Chair), Arnold, Dennis, Manrique, McAndrews,
Posey, Smith, Sublette
Ethics: Glickman (Chair), Edwards, Gay, Harris, Klein, Morroni,
Shepard, Villalobos

Finance & Taxation (Group V)
Michael I. Abrams (Chair), Steven A. Geller (Vice Chair), Joseph Arnall,
Jack Ascherl, Beryl D. Burke, Robert K. Casey, Jimmy Charles, Cynthia
Moore Chestnut, John F. Cosgrove, Marvin Couch, Muriel Dawson, Miguel
A. De Grandy, Tom Feeney, Ben Graber, Timothy F. Ireland, Suzanne
Jacobs, Ron Klein, John Laurent, Alfred J. Lawson, Jr., Frederick
Lippman, Mimi K. McAndrews, Luis E. Rojas, Brian P. Rush, Debbie
Wasserman Schultz, Charles W. Sembler II, Art Simon, Robert J. Starks,
Jack N. Tobin, Tracy W. Upchurch, Stephen R. Wise
Subcommittees
General Government: Rush (Chair), Casey, Charles, Cosgrove,
Couch, Feeney, Geller, Jacobs, Lawson, McAndrews, Rojas, Sembler,
Simon, Starks, Upchurch
Sales Tax: Chestnut (Chair), Arnall, Ascherl, Burke, Dawson,
De Grandy, Graber, Ireland, Klein, Laurent, Lippman, Schultz, Tobin,
Wise

Governmental Operations (Group II)
F. Allen Boyd, Jr. (Chair), Jimmy Charles (Vice Chair), Joseph Arnall,
Bruno A. Barreiro, Jr., David I. Bitner, Elaine Bloom, Mary Brennan,
Shirley Brown, Larcenia J. Bullard, Josephus Eggelletion, Jr., Tom
Feeney, Paul M. Hawkes, Mary Ellen Hawkins, Edward J. Healey, Buddy
Johnson, Vernon Peeples, Buzz Ritchie, Dean P. Saunders, Ron Saunders,
Jeff Stabins, Joseph G. Tedder, John Thrasher, Tracy W. Upchurch

Subcommittees
Governmental Accountability: Brennan (Chair), Barreiro, Bitner,
Bloom, Bullard, Hawkes, Healey, Peeples, R. Saunders, Stabins, Thrasher,
Upchurch
Governmental Efficiency: Tedder (Chair), Arnall, Brown, Charles,
Eggelletion, Feeney, Hawkins, Buddy Johnson, Ritchie, D. Saunders

Health Care (Group III)
Ben Graber (Chair), Lesley Miller, Jr. (Vice Chair), George Albright,
Elaine Bloom, Mary Brennan, Marvin Couch, Jim Davis, Muriel Dawson,
Ronald C. Glickman, Harry C. Goode, Jr., Elaine Gordon, Paul M. Hawkes,
Buddy Johnson, Dennis L. Jones, Everett A. Kelly, James E. King, Jr.,
Ron Klein, Alfred J. Lawson, Jr., Carlos A. Manrique, Philip Mishkin,
Brian P. Rush, David L. Thomas, Tracy W. Upchurch, Tom Warner
Subcommittees
Health Services: Kelly (Chair), Albright, Goode, Gordon, King,
Lawson, Miller, Mishkin, Rush, Thomas, Warner
Health Standards: Upchurch (Chair), Bloom, Brennan, Couch, Davis,
Dawson, Glickman, Hawkes, Buddy Johnson, Jones, Klein, Manrique

Higher Education (Group I)
Vernon Peeples (Chair), Suzanne Jacobs (Vice Chair), Eladio Armesto-
Garcia, Jack Ascherl, Bruno A. Barreiro, Jr., James Bush III, Jimmy
Charles, Cynthia Moore Chestnut, Jim Davis, Greg Gay, Ben Graber,
Addie L. Greene, Carol G. Hanson, Buddy Johnson, Everett A. Kelly,
Alfred J. Lawson, Jr., Anne Mackenzie, Lesley Miller, Jr., O. R.
Minton, Jr., William E. Sublette, J. Alex Villalobos, Stephen R. Wise
Subcommittees
Administration: Lawson (Chair), Davis, Greene, Hanson, Buddy
Johnson, Mackenzie, Miller, Minton, Villalobos, Wise
Finance & Programs: Chestnut (Chair), Armesto-Garcia, Ascherl,
Barreiro, Bush, Charles, Gay, Graber, Jacobs, Kelly, Sublette

Insurance (Group III)
John F. Cosgrove (Chair), Debbie Wasserman Schultz (Vice Chair),
Eladio Armesto-Garcia, Joseph Arnall, J. Keith Arnold, Jack Ascherl,
Stan Bainter, James Bush III, Jimmy Charles, Miguel A. De Grandy,
Willye F. Clayton Dennis, Tom Feeney, Steven B. Feren, Greg Gay, Steven
A. Geller, Willie Logan, Jr., John Morroni, Mark R. Ogles, John C. Rayson,
Charlie Roberts
Subcommittees
Health & Life Insurance: Logan (Chair), Arnall, Ascherl, De Grandy,
Dennis, Feren, Gay, Ogles, Schultz
Property & Casualty Insurance: Geller (Chair), Armesto-Garcia,
Arnold, Bainter, Bush, Charles, Feeney, Morroni, Rayson, Roberts

Judiciary (Group I)
Robert DeWitt Trammell (Chair), Brian P. Rush (Vice Chair), David I.
Bitner, Beryl D. Burke, John F. Cosgrove, George A. Crady, Miguel A.
De Grandy, Steven B. Feren, Bert J. Harris, Jr., Anthony C. Hill, Sr., Ron
Klein, John Laurent, Joseph R. Mackey, Jr., Sharon J. Merchant, Sam
Mitchell, Bill Posey, Buzz Ritchie, Debby P. Sanderson, Debbie
Wasserman Schultz, Charles W. Sembler II, Tracy Stafford, David L.
Thomas, Tom Warner, Daniel Webster
Subcommittees
Claims: Klein (Chair), Crady, Harris, Hill, Sembler, Warner; Trammell,
ex officio
Court Systems, Probate & Consumer Law: Stafford (Chair),
Cosgrove, De Grandy, Laurent, Mitchell, Posey, Rush, Schultz, Thomas;
Trammell, ex officio
Real Property & Family Law: Burke (Chair), Bitner, Feren,
Mackey, Merchant, Ritchie, Sanderson, Webster; Trammell, ex officio

Natural Resources (Group IV)
Hurley W. Rudd (Chair), Josephus Eggelletion, Jr. (Vice Chair), J. Keith
Arnold, Mary Brennan, Cynthia Moore Chestnut, D. Lee Constantine,

February 2, 1993

39

JOURNAL OF THE HOUSE OF REPRESENTATIVES

George A. Crady, Jim Davis, Greg Gay, Harry C. Goode, Jr., Lars A.
Hafner, Bert J. Harris, Jr., Everett A. Kelly, James E. King, Jr., John
Long, Sam Mitchell, Luis C. Morse, Mark R. Ogles, Kenneth P. Pruitt,
John C. Rayson, Luis E. Rojas, Brian P. Rush, R. Z. Safley, Dean P.
Saunders, Charles W. Sembler II, Tom Warner
Subcommittees
Environmental Protection: Hafner (Chair), Arnold, Chestnut,
Constantine, Crady, Eggelletion, Harris, King, Long, Ogles, Pruitt,
D. Saunders, Warner
Natural Resources Management: Mitchell (Chair), Brennan, Davis,
Gay, Goode, Kelly, Morse, Rayson, Rojas, Rush, Safley, Sembler

Regulated Industries (Group II)
Everett A. Kelly (Chair), O. R. Minton, Jr. (Vice Chair), George Albright,
Stan Bainter, Cynthia Moore Chestnut, Steven B. Feren, Rodolfo
Garcia, Jr., Steven A. Geller, Harry C. Goode, Jr., Carol G. Hanson,
Anthony C. Hill, Sr., James E. King, Jr., Anne Mackenzie, Joseph R.
Mackey, Jr., Elvin L. Martinez, Sam Mitchell, Luis E. Rojas, Debby P.
Sanderson, Debbie Wasserman Schultz
Subcommittees
Alcoholic Beverages & Tobacco: Goode (Chair), Bainter, Chestnut,
Hanson, Hill, Minton, Rojas, Sanderson, Schultz
Lottery & Pari-Mutuels: Martinez (Chair), Albright, Feren, Garcia,
Geller, King, Mackenzie, Mackey, Mitchell

Rules & Calendar (Group VI)
Peter Rudy Wallace (Chair), George A. Crady (Vice Chair,
Parliamentarian), J. Keith Arnold, Jack Ascherl, Elaine Bloom, Scott W.
Clemons, Miguel A. De Grandy, Rodolfo Garcia, Jr., Steven A. Geller,
Elaine Gordon, Ben Graber, Edward J. Healey, Timothy F. Ireland,
Douglas L. Jamerson, Dennis L. Jones, James E. King, Jr., John Laurent,
Alfred J. Lawson, Jr., Frederick Lippman, Willie Logan, Jr., Anne
Mackenzie, Joseph R. Mackey, Jr., Sam Mitchell, Vernon Peeples, Alzo J.
Reddick, R. Z. Safley, Debby P. Sanderson, Kelley R. Smith, Tracy
Stafford, David L. Thomas, Jack N. Tobin, Robert DeWitt Trammell,
Daniel Webster
Subcommittee
Rules Reform: Crady (Chair), Ascherl, Clemons, Garcia, Lippman,
Logan, Mackenzie, Safley, Sanderson

Tourism & Economic Development (Group III)
Alzo J. Reddick (Chair), Shirley Brown (Vice Chair), Larcenia J. Bullard,
Beryl D. Burke, D. Lee Constantine, Mary Ellen Hawkins, Anthony C.
Hill, Sr., Carl D. Littlefield, Anne Mackenzie, Mimi K. McAndrews,
Sharon J. Merchant, Luis C. Morse, Bill Posey, Buzz Ritchie, Hurley W.
Rudd, Ron Saunders, Kimberly M. Shepard, Art Simon, Tracy Stafford,
William E. Sublette, Joseph G. Tedder, John Thrasher
Subcommittees
International Trade, Small & Minority Business & Economic
Development: Simon (Chair), Burke, Hill, Littlefield, Mackenzie,
McAndrews, Merchant, Morse, Ritchie, Sublette, Tedder

Tourism, Historical & Cultural Resources: Shepard (Chair),
Brown, Bullard, Constantine, Hawkins, Posey, Rudd, R. Saunders,
Stafford, Thrasher

Transportation (Group IV)
Edward J. Healey (Chair), Anthony C. Hill, Sr. (Vice Chair), Irlo "Bud"
Bronson, John F. Cosgrove, James B. Fuller, Howard E. Futch, Mary Ellen
Hawkins, Julie McClure, Sharon J. Merchant, Lesley Miller, Jr., John
Morroni, Bill Posey, Alzo J. Reddick, Kelley R. Smith, Robert J. Starks,
Joseph G. Tedder, Robert DeWitt Trammell, Peter Rudy Wallace, Daniel
Webster
Subcommittees
Highway Safety: Miller (Chair), Futch, McClure, Morroni, Posey,
Reddick, Smith, Starks, Wallace
Transportation: Bronson (Chair), Cosgrove, Fuller, Hawkins, Hill,
Merchant, Tedder, Trammell, Webster

OTHER COMMITTEES

ADVISORY COUNCIL ON INTERGOVERNMENTAL REI
Tracy Stafford (Chair), James B. Fuller, Harry C. Goode, Jr., Tracy W.
Upchurch

AGENCY RULES, SELECT
Joseph R. Mackey, Jr. (Chair), Willye F. Clayton Dennis (Vice Chair),
Bruno A. Barreiro, Jr., Irlo "Bud" Bronson, Victor D. Crist, Miguel A.
De Grandy, Ronald C. Glickman, Bert J. Harris, Jr., Elvin L. Martinez,
Kenneth P. Pruitt, Ron Saunders, Charles W. Sembler II, John Thrasher

HOUSE MEMBERS OF JOINT
LEGISLATIVE COMMITTEES
(Standing and Select)
(Group VII)

Joint Administrative Procedures
Scott W. Clemons (Chair), Jimmy Charles, Howard E. Futch

Joint Legislative Auditing
Jack N. Tobin (Chair), Carl D. Littlefield, Mimi K. McAndrews, Vernon
Peeples, Joseph G. Tedder

Joint Legislative Information Technology
Charlie Roberts (Chair), Anne Mackenzie, John Morroni

Joint Legislative Management
Elaine Bloom (Chair), Jim Davis, Timothy F. Ireland

February 2, 1993

40

JOURNAL OF THE HOUSE OF REPRESENTATIVES

RULES

of the

HOUSE OF REPRESENTATIVES

for 1993

Rule One

Officers and Employees
1.1-Election of Speaker, Speaker pro tempore, Minority
Leader and Minority Leader pro tempore
A Speaker and a Speaker pro tempore shall be elected at the
Organization Session of the House. They are to continue in office until
their successors are chosen and qualified or until the expiration of their
term, whichever shall first occur. The Speaker and Speaker pro tempore
shall take an oath to support the Constitution of the United States and of
the State of Florida, and for the true and faithful discharge of their duties
of office to the best of knowledge and ability.
The minority party shall elect, at a Minority Caucus to be held in
conjunction with the Organization Session of the House of
Representatives, a Minority Leader and a Minority Leader pro tempore,
the names of whom shall be certified to the Clerk of the House. They shall
continue in office until their successors are chosen and qualified or until
the expiration of their terms, whichever shall first occur.
1.2-Election by Ballot
The election of the Speaker, the Speaker pro tempore, the Minority
Leader and the Minority Leader pro tempore shall be by ballot. The
Speaker and the Speaker pro tempore shall be elected by the full
membership of the House. The Minority Leader and the Minority Leader
pro tempore shall be elected by the members of the minority party. In all
cases of ballot, a majority of the votes cast shall be necessary to win an
election. Where there shall not be a majority on the first ballot, the
Members voting shall then ballot on the two names receiving the higher
number of votes on the first ballot. Upon the request of five Members, the
vote of each Member present shall be entered upon the Journal.
1.3-Election of Clerk of the House
There shall be a Clerk who shall be elected for a period of two years and
shall keep open the Office of the Clerk during and between sessions of the
Legislature on a permanent basis. A permanent staff of assistants shall be
appointed to efficiently transact such business as assigned, or required by
law or by rules of the House, during and between sessions of the
Legislature. The Clerk shall take an oath to support the Constitution of the
United States and of the State of Florida, and for the true and faithful
discharge of the duties of office to the best of knowledge and ability.
1.4-Minority Leader's Responsibilities
The Minority Leader shall be responsible for the organization, control
and supervision of the Minority Office, including the administration of the
approved budget for the operation of the Minority Office. The Minority
Leader shall also be responsible for assigning, coordinating and supervising
the work of the Minority Office staff. He shall perform all other
coordinating activities and duties relating to the minority party. A majority
of the minority members in caucus may confer such additional duties on
the Minority Leader as may be deemed necessary.
1.5-Minority Leader pro tempore
In the temporary absence of the Minority Leader, the Minority Leader
pro tempore shall assume the duties and functions of the office of Minority
Leader. In the event the office of Minority Leader is vacated, nothing
herein shall preclude a majority of minority party members in caucus from
electing a new Minority Leader.
1.6-Designation of Sergeant at Arms; Employment,
Compensation and Dismissal of Employees
The Speaker shall, with the advice and consent of the Members,
designate the Sergeant at Arms. The Speaker shall employ all employees
of the House and shall determine their qualifications, hours of work, and
compensation, including leave, perquisites and other benefits. The Speaker
shall have the right to dismiss any employee of the House and the pay of
such employee shall stop on the day of dismissal.

1.7-Employees Forbidden to Lobby
No employee of the House shall, directly or indirectly, be interested or
concerned with the passage or consideration of any bill except duly
authorized members of the staff designated in writing by a Member of the
House with authority over the designated staff member. If any employee
exhibits an improper interest or concern with any bill it shall be grounds
for dismissal pursuant to Rule 1.6.
1.8-Hours of Employment and Duties of Employees; Absence;
Political Activity
Employees shall perform the duties allotted to them by custom and by
rule of the House and by order of the Speaker. All full-time employees shall
observe a minimum of a forty hour work week unless absence from duty
is authorized by the appropriate authority. If employees are absent without
prior permission, save for just cause, they shall be dismissed pursuant to
Rule 1.6 or forfeit compensation for the period of absence.
Employees shall not engage in campaign activities during regular work
hours, except when on approved leave, and shall neither hold, nor be a
candidate for public office other than a political party executive committee
office while in the employ of the House of Representatives.
1.9-Personal Use of Long-distance Lines Prohibited
Long-distance lines shall not be used by employees for personal purposes
and any employee using a long-distance line for such purposes shall be
subject to immediate dismissal.
1.10-Designation of Majority Leader, Majority Whips
There shall be a Majority Leader and one or more Majority Whips, each
of whom shall be designated by the Speaker to serve at his pleasure and
to perform such duties as may be assigned by the Speaker from time to
time.
1.11-Legislative Records
There shall be available for public inspection, whether maintained in
Tallahassee or in a district office, the papers and records developed and
received in the course of legislative business as follows:
(a) bills and amendments thereto, resolutions and amendments thereto
filed with the Clerk, committees and subcommittees;
(b) messages and communications received from the governor or the
other house of the legislature;
(c) transcripts or minutes, if prepared, and journal records of all
sessions and meetings, including meetings of committees and
subcommittees and public hearings, with the records of attendance of
members and records of any votes taken;
(d) final reports submitted by committees and subcommittees in
accordance with Rule 6.34 and Rule 6.50; and final staff reports submitted
to committees and subcommittees;
(e) records showing the recorded votes of each member in every session
and every committee and subcommittee meeting in which the member
votes;
(f) reports and findings required by law to be made and submitted to
the House or an officer of the House;
(g) leave, classification, applications, and payroll records of members
and employees;
(h) administrative manuals setting forth House policies and
procedures;
(i) fiscal records, including the operating budget of the House,
Financial and Compliance Audits of the Legislature, accounts, vouchers,
invoices and contracts dealing with the receipt or disbursement of funds
by the House as an institution or its acquisition, use or disposal of services,
supplies, materials, equipment or other property;
(j) quarterly reports of member intradistrict allotment expenditures;
(k) all records which are required by these rules to be made or retained.
In the event that a request is made to inspect papers or records which
have been determined by the custodian to not be covered under this rule,
a request may be submitted in writing to the Speaker, who shall make a

February 2, 1993

41

JOURNAL OF THE HOUSE OF REPRESENTATIVES

final determination as to the applicability of this rule to the papers or
records in question.
1.12-Legislative Records: Maintenance, Control, Destruction,
Disposal and Disposition
(a) The responsibility for maintaining committee legislative records
shall be with the committee secretary of the parent committee for records
created by a committee or subcommittee or the employees of the House
who are assigned to such committee or subcommittee. The committee
secretary shall maintain such records which are required by these Rules to
be created or which are of vital, permanent or archival value in a safe
location which is easily accessible for convenient use. The committee
secretary shall systematically dispose of records no longer needed for any
purpose by the committee, subcommittee or employees of the House
assigned to such committee or subcommittee and which are not needed in
the transaction of current business and that do not have sufficient
administrative, legal or fiscal significance to warrant their retention, except
for those records specifically required to be created pursuant to the Rules
of the House of Representatives. A committee secretary need not retain
any record specifically required to be created pursuant to these Rules when
the substance of the record is published or retained in another form or
location.
(b) The responsibility for maintaining legislative records which relate
to the legislative business of the House of Representatives, other than
committee legislative records and the records of the Office of the Speaker,
Office of the Speaker pro tempore, Majority Office, Minority Office and
Sergeant at Arms' Office, shall be with the Clerk. The Clerk shall maintain
such records which are required by these Rules to be created or which are
of vital, permanent or archival value in a safe location which is easily
accessible for convenient use. The Clerk shall systematically dispose of
records no longer needed for any purpose by the House, the Clerk, a
committee, a subcommittee or employees of the House assigned to a
committee or subcommittee and which are not needed in the transaction
of current business and that do not have sufficient administrative, legal or
fiscal significance to warrant their retention, except for those records
specifically required to be created pursuant to the Rules of the House of
Representatives. The Clerk need not retain any record specifically required
to be created by these Rules when the substance of the record is published
or retained in another form or location.
(c) The responsibility for maintaining the legislative records of the
Office of the Speaker, Office of the Speaker pro tempore, Majority Office,
Minority Office, and the Sergeant at Arms' Office shall be with the
Speaker, Speaker pro tempore, Majority Leader, Minority Leader or
Sergeant at Arms, respectively. The Speaker, Speaker pro tempore,
Majority Leader, Minority Leader, and Sergeant at Arms shall maintain
such records which are required by these Rules to be created or which are
of vital, permanent or archival value in a safe location which is easily
accessible for convenient use. The Speaker, Speaker pro tempore, Majority
Leader, Minority Leader and Sergeant at Arms shall systematically
dispose of records no longer needed for any purpose by the House, the
Clerk, a committee, a subcommittee or employees of the House assigned
to such office, a committee or subcommittee and which are not needed in
the transaction of current business and that do not have sufficient
administrative, legal or fiscal significance to warrant their retention, except
for those records specifically required to be created pursuant to the Rules
of the House of Representatives. The Speaker, Speaker pro tempore,
Majority Leader, Minority Leader and Sergeant at Arms need not retain
any record specifically required by these Rules to be created when the
substance of the record is published or retained in another form or location.
(d) The responsibility for maintaining legislative records of a district
office shall be with the Member representing the district for records
created by the Member or the employees of the House who are assigned
to the Member. The Member shall maintain such records which are
required by these Rules to be created or which are of vital, permanent or
archival value in a safe location which is easily accessible for convenient
use. The Member shall systematically dispose of records no longer needed
for any purpose by the Member, district office or employees of the House
assigned to the Member and which are not needed in the transaction of
current business and that do not have sufficient administrative, legal or
fiscal significance to warrant their retention, except for those records
specifically required to be created pursuant to the Rules of the House of
Representatives. A Member need not retain any record specifically
required to be created pursuant to these Rules when the substance of the
record is published or retained in another form or location.

(e) Whenever the Speaker, Speaker pro tempore, Majority Leader,
Minority Leader or other Member has custody of any legislative record he
shall, at the expiration of his term of office, deliver to his successor or, if
there be none, to the Clerk all legislative records maintained by him in the
transaction of his official business. Whenever a standing or select
committee or subcommittee is abolished or expires, the legislative records
maintained on behalf of such standing or select committee or
subcommittee shall be transferred by the committee secretary to the
committee secretary of the standing or select committee or subcommittee
directed by the Speaker to assume the jurisdiction of the former
committee. If no committee is to assume the jurisdiction of the former
committee, the committee secretary shall transfer the legislative records
kept or received on behalf of the standing or select committee or
subcommittee to the Clerk for appropriate disposition.
(f) Biennially, the Speaker, Speaker pro tempore, Majority Leader,
Minority Leader and Clerk, and each committee secretary, may transfer
such legislative records which are required by these Rules to be created,
which are of vital, permanent or archival value, which are not needed in
the transaction of current business, or which have sufficient
administrative, legal or fiscal significance to warrant their retention, to the
Legislative Library Division of the Joint Legislative Management
Committee for transfer to the Division of Library and Information Services
of the Department of State for retention in accordance with law.
(g) The Clerk, with the approval of the Speaker, shall establish a
schedule of reasonable and appropriate fees for copies of legislative records
and documents; except there shall be no charge for a single copy of any
individual, separately obtained bill, other than a general appropriations
bill, or staff analysis or other record required by these Rules to be created.
Such schedule shall be based upon the actual cost of duplication of the
record and shall include the material and supplies used to duplicate the
record but not the labor cost or overhead cost associated with such
duplication. If the nature or cost of records requested to be inspected,
examined, or copied is such as to require extensive use of information
technology resources or extensive clerical or supervisory assistance by
employees of the House, or both, the Clerk may impose a special service
charge in addition to the actual cost of duplication. Such a special service
charge shall be based on the cost incurred for the extensive use of
information technology resources or the labor cost of employees providing
the service that is actually incurred by the House or attributable to the
House for the clerical and supervisory assistance required, or both.

Rule Two

The Speaker
2.1-Calling the House to Order
The Speaker shall take the chair on every legislative day precisely at the
hour to which the House recessed at the last sitting, immediately call the
Members to order and proceed with the business of the House as provided
in Rule 8.2.
2.2-Speaker Preserves Order on Floor, in Galleries and Lobby
The Speaker shall preserve order and decorum, and, in case of
disturbance or disorderly conduct in the galleries, or in the lobby, may
cause the same to be cleared.
2.3-Speaker's Control of Chamber, Corridors, and Rooms
The Speaker shall have general control of the Chamber of the House, and
of the corridors, passages and rooms assigned to the House.
2.4-Speaker's Signature to Acts, Warrants, etc.; Decision of
Questions of Order Subject to Appeal; and Approval of
Legal Proceedings
The Speaker shall sign all acts, joint resolutions, resolutions, memorials,
writs, subpoenas, vouchers for expenditures chargeable to the House or
other papers issued by the House. The Speaker shall decide all questions
of order subject to an appeal by any Member. The Speaker may require the
Member raising a point of order to cite the rule or other authority in
support of the question. Upon appeal, no Member (except the Member
making the appeal) shall speak more than once, save by permission of the
House. The Member making the appeal shall have the right to speak five
minutes in closing the debate.
The Speaker or the Committee on Rules & Calendar may authorize
counsel to initiate, defend, intervene in, or otherwise participate in any suit

42

February 2, 1993

JOURNAL OF THE HOUSE OF REPRESENTATIVES

on behalf of the House, a committee of the House, a Member of the House
(whether in the legal capacity of Member or taxpayer), a former Member
of the House, or an officer or employee of the House, when such suit is
determined by the Speaker to be of significant interest to the House and
when it is determined by the Speaker that the interests of the House would
not otherwise be adequately represented. Expenses incurred for legal
services in such proceedings may be paid upon approval of the Speaker.
2.5-The Speaker's Vote
The Speaker shall not be required to vote in legislative proceedings other
than on final passage of a bill, except where the Speaker's vote would be
decisive. In all yea and nay votes, the Speaker's name shall be called last.
2.6-Speaker pro tempore
The Speaker shall have the right to name any Member to perform the
duties of the Chair, but such substitution shall not extend beyond one
legislative day. In the Speaker's absence and omission to make such
appointment, the Speaker pro tempore shall act during the Speaker's
absence. In the event of an interim vacancy of the office of Speaker,
through death or resignation, or in the event of disability of the Speaker,
the Speaker pro tempore and such other officers as are listed in Section
11.15(3), F.S., shall temporarily and for the period of vacancy or disability
conduct the necessary business of the House.
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, as if such
meeting were a meeting between three or more legislators.

Rule Three

The Clerk
3.1-Clerk's Duties at Organization
The Clerk of the preceding session shall, at the beginning of the
Organization Session of the Legislature, call the Members to order, proceed
to call the roll of Members by districts in numerical order, and pending the
election of a Speaker or Speaker pro tempore, preserve order end decorum,
and decide all questions of order subject to appeal by any Member. The
duties of this section may be delegated by the Clerk to any Member.
3.2-Duties Generally; Keeps Journal
The Clerk shall cause to be kept a correct Journal of the proceedings of
the House, and this Journal shall be numbered serially from the first day
of each session of the Legislature. As Enrolling Clerk, ex officio, and as
Clerk, the Clerk of the House shall superintend the engrossing, enrolling
and transmitting of bills, resolutions and memorials; shall not permit any
records or papers belonging to the House to be taken out of the Clerk's
custody other than in the regular course of business and only then upon
receipt and shall report any missing papers to the Speaker. All such records
in the custody of the Clerk shall be available for public inspection.
3.3-Prepares Calendars
The Clerk shall prepare a Daily Calendar which shall set forth: (1) the
order of business; (2) the nature of the committee report on each bill, i.e.,
whether favorable, favorable with committee amendments or favorable
with committee substitute, and (3) the status of each bill, i.e., whether on
second or third reading.
The Clerk shall publish, from time to time, an Interim Calendar which
shall record the receipt of profiled bills and the Speaker's reference of
them, notices of committee meetings, committee actions upon profiled
bills, and such other information as may be useful, including membership
of standing committees and subcommittees. This Interim Calendar, with
notice of committee meetings, shall be mailed to all Members of the
Legislature and other persons requesting this service, at least seven
calendar days prior to such meeting if practicable.

3.4-Reads Papers, Calls Roll
The Clerk shall have read to the House all papers ordered to be read;
note responses of Members when the roll is called to determine the
presence of a quorum; call the roll and note the answers of Members when
a question is taken by yeas and nays; assist, under the direction of the
Speaker, in taking the count when any vote of the House is taken by a show
of hands or otherwise.
3.5-Attests Writs; Certifies Passage
It shall be a ministerial duty of the Clerk to attest to all writs, issued by
order of the House, and to the passage of all bills.
3.6-Prepares Printed Forms and Distributes Documents
The Clerk shall prepare the copy for all printed forms used by the House.
The Clerk shall have the responsibility for distribution of documents
originating in the Office of the Clerk.
3.7-Assigns Assistants
The Clerk shall assign such assistants as may be authorized by the
Speaker for the performance of the duties required of the Clerk. These
assistants shall be subject to the Clerk's orders. In the necessary absence
of the Clerk, a deputy designated by the Clerk shall serve as Acting Clerk
with authority to sign on behalf of the Clerk, documents which the Clerk
is authorized to sign by law or rule. The Clerk shall, however, be
responsible for authorized actions taken by the designated deputy.
3.8-Responsibility for Legal Form of Bills, etc.
The Clerk shall examine bills upon their tender for introduction to
determine whether superficially these meet the requirements of the
Constitution for the presence of the enacting or resolving clause or
provision in local bills, including local claim bills, for advertising or for
referendum; but beyond calling an apparent defect to the attention of the
sponsor, the obligation of the Clerk shall end and responsibility for legal
and constitutional correctness shall be solely that of the sponsor.
3.9-Deleted as obsolete November 17, 1992

Rule Four

The Sergeant at Arms, Chaplain
4.1-Sergeant at Arms Enforces Authority of House
The Sergeant at Arms shall attend the House during its sittings,
maintain order under the direction of the Speaker or Member performing
the duties of the Chair, and, pending the election of a Speaker or Speaker
pro tempore at the beginning of the Organization Session of the
Legislature, under the direction of the Clerk of the House, execute the
commands of the House, and all processes issued by authority thereof,
directed to the Sergeant at Arms.
4.2-General Duties of the Sergeant at Arms
The Sergeant at Arms shall enforce strictly the rules relating to the
privileges of the Chamber and be responsible to the Speaker for the official
conduct of doorkeepers and other employees of the Sergeant's office. The
Sergeant at Arms shall assign such assistants as the Speaker authorizes.
4.3-Sergeant at Arms the Custodian of Furniture, Books, rtc.
The Sergeant at Arms shall, annually, take an inventory of all the
furniture, books, and other public property in the several committee and
other rooms under the Sergeant's charge, and report the same to the
Speaker. The Sergeant at Arms shall do whatever is reasonable and proper
for the expedition of the business of the House.
4.4-The Sergeant at Arms Clears the Floor of Unauthorized
Persons
The Sergeant at Arms shall, fifteen minutes before the hour of the
meeting of the House each day, see that the floor is cleared of all persons
except those privileged to remain, and the Sergeant at Arms shall do
whatever may be possible and proper to keep the public corridors outside
the Chamber free of loiterers so the Members will not be impeded in their
passage.
4.5-Supervision of Sergeant at Arms
The Sergeant at Arms shall be under the direct supervision of the
Speaker.
4.6-Duties of the Chaplain
A Chaplain shall attend at the beginning of each day's sitting of the
House and open the same with prayer. In the absence of a Chaplain, the
Speaker may designate someone else to offer prayer.

February 2, 1993

43

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Rule Five

The Members
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.
5.2-Excused Absence
The Speaker may excuse any Member from attendance on the House and
its committees for any stated period, and such excused absence shall be
noted on the Journal.
5.3-Possession of Bills
No Member or any other person shall take possession of an original bill
with the intention of depriving the Legislature of its availability for
consideration. The responsibility for the safekeeping of original bills shall
vest in the Clerk of the House or, after being committed to a committee,
in the committee chairman. The committee chairman may authorize a staff
member to sign for bills.
5.4-Members Deemed Present Unless Excused
Any Member, having answered roll call (taken either orally or by the
voting machine) at the opening of any daily session, or who enters after roll
call and informs the Clerk of his presence, shall thereafter be deemed as
present unless leave of absence is obtained from the Speaker.
5.5-Contested Seat
In cases of contest for a seat in the House, notice setting forth the specific
grounds of such contest and evidence in support thereof shall be received
by the Clerk not less than five days before the organization session of the
legislature or, in the case of a special election, by the day on which the next
session convenes. The contest shall be referred by the Speaker to the
appropriate committee. The committee shall hold a hearing and report its
findings and recommendations as speedily as reasonably possible. Upon
receipt of the committee report, the House shall with all dispatch, by a
majority vote, determine the contest.
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-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-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-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-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-Legislative Employees
Each Member of the House shall be responsible for calling the
regulations, policies and procedures approved by the Speaker relating to
legislative staff and the Rules of the House relating to legislative staff 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 relating to employment
discrimination approved by the Speaker in effect on the date of adoption
of this Rule.
5.17-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-Appearance Before Committee
Any Member requesting an opinion from the committee so designated
under Rule 5.17, 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 (Rules 5.7 through 5.16), 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;

44

February 2, 1993

JOURNAL OF THE HOUSI

3. the nature of the alleged violation based upon the personal
knowledge of the complainant, including, if possible, the specific section
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 of 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.

February 2, 1993

E OF REPRESENTATIVES 45

(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.
(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

46

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 admissible 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.

February 2, 1993

(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.
(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 Select 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.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSI

(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

February 2, 1993

E OF REPRESENTATIVES 47

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-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.
5.21-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 pressed 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-Felony Guilty Plea of a Member
A Member who enters a plea of guilty or nolo contender (no contest)
to 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 through the remainder of that
Member's term.
5.23-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; 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-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-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'

48 JOURNAL OF THE HOUSE

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.
5.26-Requests by a Member that the Speaker or Chairman of
the Committee on Appropriations Advise the Appropriate
Executive or Judicial Branch Entity that a Budget Action
is Contrary to Legislative Intent
Any Member may request in writing that the Speaker and the Chairman
of the Committee on Appropriations initiate the procedures of
s. 216.177(1)(b), Florida Statutes, whenever the Member believes that a
budget action or proposed budget action subject to the notice and review
requirements of chapter 216, Florida Statutes, exceeds the delegated
authority of the Executive Office of the Governor for the Executive
Branch, the Chief Justice of the Supreme Court for the Judicial Branch,
or the Administration Commission, respectively, or is contrary to
legislative policy and intent. Upon the receipt of such written request, the
chairman shall promptly determine whether the budget action or proposed
budget action exceeds the delegated authority of the Executive Office of
the Governor for the Executive Branch, the Chief Justice of the Supreme
Court for the Judicial Branch, or the Administration Commission,
respectively, or is contrary to legislative policy and intent. The chairman
shall promptly notify the Speaker and the Member of his findings and any
proposed course of action under chapter 216, Florida Statutes.

Rule Six

Standing and Select
Committees and Subcommittees
6.1-Standing Committees
The Speaker shall, beginning with the Organization Session, appoint the
members of the following standing committees:
Aging & Human Services
Agriculture & Consumer Services
Appropriations
Business & Professional Regulation
Commerce
Community Affairs
Corrections
Criminal Justice
Education
Employee & Management Relations
Ethics & Elections
Finance & Taxation
Governmental Operations
Health Care
Higher Education
Insurance
Judiciary
Natural Resources
Regulated Industries
Rules & Calendar
Tourism & Economic Development
Transportation

E OF REPRESENTATIVES February 2, 1993

He shall give notice of such establishment and appointment in writing
to the Clerk of the House for publication in an Interim Calendar and the
Session Journal.
6.2-Subcommittees
The Speaker shall establish standing subcommittees and appoint their
members. He shall give notice of such establishment and appointment in
writing to the Clerk of the House for publication in the Interim Calendar
and the Session Journal. He shall consult the chairmen of the parent
committees regarding appointment of subcommittees.
6.3-Committees Other Than Standing
The Speaker shall, in his discretion or as authorized by the House, create
and appoint select committees, designating the chairmen and vice
chairmen thereof. Select committees may introduce or receive by reference
legislation only if clothed by the House with this power. Select committees
shall be subject to the rules of standing committees.

Organization of Committees
6.4-Number of Members; ex officio Members
All standing committees shall consist of not less than five nor more than
thirty-three members, except that the Committee on Appropriations may
have a maximum of thirty-eight members.
The Speaker pro tempore or, when designated by the Speaker, the
Majority Leader shall, ex officio, be an additional voting member of each
standing committee. However, for the purpose of quorum, an ex officio
member shall not be included in the membership of a committee.
6.5-Grouping of Standing Committees
The Speaker shall group the standing committees, with the exception of
the Committee on Rules & Calendar, in such manner as to provide each
with an opportunity to meet without conflict of its members with the
meetings of other standing committees to which they have been appointed.
6.6-Days and Hours Reserved for Meetings
The Speaker shall, for the first twenty calendar days of a regular session,
reserve the days and hours for the regular meetings of each standing
committee. After the first twenty days, the Committee on Rules &
Calendar shall provide, as need appears, a schedule of days and hours for
committee meetings for the remainder of the session.
6.7-Meetings During Extended and Special Sessions
During extended and special sessions, committees shall meet at the call
of chairmen as business requires.

Presiding Officers
6.8-Officers of Committees
The Speaker shall designate one member of each standing or select
committee as chairman and another as vice chairman.
6.9-Authority of Vice Chairman
In the event of the death, incapacity, or resignation of a chairman, the
vice chairman shall perform the necessary duties of the office until the
Speaker names a successor to the chairman.
6.10-Temporary Presiding Officer
In the absence of the chairman and vice chairman from a scheduled
meeting, the Speaker may designate one of the remaining members as the
temporary presiding officer.
6.11-Removal of Chairman
A committee chairman may be removed at any time by the Speaker for
cause or pursuant to the following procedure:
(a) A petition requesting removal is to be signed by two-thirds of the
members, exclusive of the chairman, of that standing committee.
(b) Upon a member or members drawing a petition for circulation to
members of a committee, a copy of such petition shall be first provided to
the chairman of the committee as notification of intent to seek removal
prior to soliciting or obtaining any member's signature.
(c) The Speaker shall announce receipt of the petition to the House.
(d) No sooner than seventy-two hours after such announcement, unless
a sufficient number of committee members by affidavit withdraw their
signatures from the petition so that the two-thirds number of the required
members is lost, the Speaker shall put the question of removal of the
chairman to the full House.

JOURNAL OF THE HOUSI

(e) If a majority of the House shall vote to remove a chairman following
such petition, the Speaker shall immediately remove said chairman and
shall appoint a different chairman as soon as practicable.
(f) Removal by committee petition shall be available only once by such
committee in any regular session.
6.12-Chairman's Authority; Appeals
The chairman shall sign all notices, vouchers, subpoenas or reports
required or permitted by these Rules. He shall decide all questions of order,
subject to an appeal by any committee member, and the appeal shall be
certified by the chairman to the House for a decision by the Speaker during
the daily session of the House next following such certification. The ruling
shall be entered in the Journal, shall constitute binding precedent on all
committees of the House, and shall be subject to appeal as any other
question. The chairman may, or on the vote of a majority of the committee
members present shall, certify a question of parliamentary procedure to
the Speaker as contemplated by the Rule without a formal appeal. Such
a certified question shall be disposed of by the Speaker as if it had been
on appeal. The certification of an appeal or of a question of parliamentary
procedure pursuant to this Rule shall not constitute an automatic stay to
further legislative action on the measure under consideration.

Meetings of Committees
6.13-Meetings of Standing and Select Committees and
Subcommittees
Standing and select committees and subcommittees shall meet at the call
of the chairman or, in his absence, the vice chairman or temporary
presiding officer, or by three or more members who shall give notice in
writing as otherwise required.
6.14-Notice to the Public
Committees shall regularly meet in the room assigned for their use by
the Sergeant at Arms, and notice of such assignment shall be posted
permanently on a bulletin board provided for this purpose in the public
corridor leading into the Chamber of the House.
6.15-Evening Meetings
The committee chairman may arrange with the Sergeant at Arms for
evening or other special meetings; provided, however, that no committee
meeting shall last beyond 10:00 p.m. unless granted special leave by the
Speaker to do so.
6.16-Committees Meeting During House Session
No committee shall meet while the House is in session without special
leave, except the Committee on Rules & Calendar and conference
committees.
6.17-Consideration of Bills, Including Proposed Committee
Bills
The chairman or, in his absence, the vice chairman or temporary
presiding officer, of any standing committee or subcommittee or a select
committee which the House has clothed with the power of a standing
committee, except conference committees, shall give prior notice in writing
of the intention to take up any bill or proposed bill. Except when sitting
as a committee considering the substance of legislation, the Committee on
Rules & Calendar shall be exempt from this requirement.
Proposed committee bills (PCBs) shall be treated as other bills in
meeting the requirements for notice. (See: Rules 6.18, 6.19, 6.20) The
committee staff director or committee secretary shall provide a copy of any
PCB to each committee member no later than the time of posting of
notice/agenda and make copies of PCBs available upon request to other
Members of the Legislature and to the general public. Delivery to
committee members shall be by mail during the interim and to House
offices when the House is in session. A PCB taken up without the
committee conforming to this Rule shall be regarded as being considered
in workshop session only with final action carried over to a future meeting
of the committee at which the above stated requirements have been met.
6.18-Time Required for Advance Notice
During the first forty-five calendar days of a regular session, the prior
notice shall be given two days (excluding Saturday and Sunday) in advance
of the meeting. If the notice is given by 4:30 p.m., a bill or proposed bill
may be heard at any time on the second succeeding day. After the forty-
fifth calendar day and during any extended or special session, the notice
shall be given two hours in advance of the proposed meeting.

February 2, 1993

E OF REPRESENTATIVES 49

6.19-Nature and Distribution of Notice
A notice shall include a listing and sufficient title for identification of
any and all bills or proposed bills to be considered either by a committee
or subcommittee, including those bills in reports of subcommittees to a
parent committee and bills pending on reconsideration.
A notice shall state the date, time and place of meeting and be given to
the Clerk of the House, the Sergeant at Arms, the sponsor, the members
of the committee, and any Member who has given the chairman timely
written notice of his desire to be notified on a specific bill. The Sergeant
at Arms, in receipting for notices, shall show the day and hour of receipt.
Whenever timely, the Clerk shall enter notices in the Calendar.
6.20-Notices of Meetings Between Sessions
Before any committee holds a meeting for the purpose of considering a
profiled bill or proposed committee bill (PCB) during the period when the
Legislature is not in session, a notice of such meeting shall be filed with the
Clerk and the Sergeant at Arms no later than fourteen calendar days before
the Friday preceding the week of the meeting. If no meeting is planned, a
notice stating that no meeting will be held shall be filed. The committee
secretary separately shall send copies of notice to the members of the
committee, the first named sponsor of the bill and to such other sponsors
and persons who have requested notice.
6.21-Unfavorable Report Without Required Notice
Any bill reported unfavorably without the required notice and the
opportunity to be heard having been given the sponsor, shall be
recommitted to the committee reporting the same upon a point of order
having been made within three legislative days after such report has been
printed in the Journal. This privilege shall also extend to any Member, not
a sponsor, who has given the chairman timely written notice of his desire
to be notified on a specific bill. The committee to which the bill is
recommitted shall proceed to reconsider the bill and report as if originally
referred.
6.22-Attendance Upon Meetings Required
A member shall be expected to attend all meetings of committees to
which appointed, unless excused by the chairman or the Speaker, as
provided in Rule 5.2. Excuse from House session shall constitute excuse
from that day's committee meetings.
Failure to attend two consecutive meetings, unless excused, shall
constitute automatic withdrawal from the committee and create a vacancy.
Upon notification by the chairman of the committee, the Speaker shall
make an appointment to such vacancy.
6.23-Continuation of Recessed Meetings on Same Day
A committee may continue the consideration of properly noticed
legislation after the expiration of the time set for the meeting if a majority
of the committee members present agree to temporarily recess to continue
the meeting at a time and place certain on the same day.
6.24-Reconsideration in Committee
Rules of the House shall govern proceedings in committee insofar as
these are applicable except that a motion for reconsideration shall be
treated in the following manner:
(a) When a question has been decided by a committee, any member
voting with the prevailing side or any member, when the vote was a tie or
by voice, may move for reconsideration instanter or leave the motion
pending. By a two-thirds vote, the committee may take up for immediate
disposition any motion to reconsider left pending. The motion to
reconsider may be made at any time during the same meeting prior to the
adoption of a motion to rise or to the committee's rising without motion
upon the time of adjournment having arrived.
(b) A motion to reconsider having been made and left pending, the
motion shall be a special and continuing order of business for the next
succeeding committee meeting and, unless considered at that meeting on
the request of any member of the committee, shall be deemed abandoned
and the committee secretary shall forthwith report the bill to the Clerk of
the House.
(c) A motion to reconsider a collateral matter must be disposed of
during the course of consideration of the main subject to which it is related.
(d) If the committee shall refuse to reconsider or, upon reconsideration,
shall confirm its prior decision, no further motion to reconsider shall be in
order except upon unanimous consent of the committee members present.
(e) During the last five legislative days of a regular session or at any
time during an extended or special session, the motion to reconsider shall
be disposed of when made.

50 JOURNAL OF THE HOUSE

(f) If no motion is made at the meeting when a bill has been considered
and decided, the committee secretary shall forthwith report the bill to the
Clerk of the House.
6.25-Open Meetings
All meetings of all committees shall be open to the public at all times,
subject always to the authority of the presiding officer to maintain order
and decorum, except that where necessary for the protection of a witness
and with the concurrence of the Speaker, a chairman may close a
committee meeting, or portion thereof, and the record of such meeting shall
not disclose the identity of the witness appearing before the committee.
6.26-Unfavorable Reports
A bill reported unfavorably to the Clerk of the House shall be laid upon
the table. A bill may be taken from the table upon the motion of any
Member, adopted by a two-thirds vote of the Members present, after
debate not to exceed six minutes evenly divided between proponents and
opponents of the motion.
6.27-Authority Over Subcommittees
Each subcommittee is a part of its parent committee, and shall be subject
to the authority and direction of that committee. The parent committee
may, by the vote of a majority of its members, withdraw a bill referred to
a subcommittee at any time prior to a report having been voted by the
subcommittee.
6.28-Reference of Bills to Subcommittees
The chairman of a standing committee, upon receipt of a bill from the
Clerk of the House, shall either refer the bill to a subcommittee or agenda
the bill for a meeting of the standing committee.
In either event, the chairman shall concurrently notify the Clerk of the
House of the action on forms provided for that report.
6.29-Deleted as obsolete November 20, 1990

Voting in Committee
6.30-Voting in Committee
A majority of the members present of a committee or subcommittee, a
quorum having been established, shall agree by their recorded votes upon
the disposition of any bill or other matter considered by the committee or
subcommittee. (Constitution: Article III, Section 4(c)-"In any legislative
committee or subcommittee, the vote of each member voting on the final
passage of any legislation pending before the committee, and upon the
request of any two members of the committee or subcommittee, the vote
of each member on any other question, shall be recorded.")
6.31-Proxy Voting Prohibited
No member of a committee or subcommittee shall be allowed under any
circumstance to vote by proxy. Absent members may have recorded an
indication of how they would have voted if present but this shall not be
counted on a roll call.
6.32-Quorum Required; Reports by Poll Prohibited
No committee or subcommittee shall file a report unless the committee
or subcommittee has met at an authorized time and place, with a quorum
present. If any matter is reported on the basis of a poll, such matter shall
be recommitted by the Speaker or chairman to the committee or
subcommittee upon a point of order.

Committee Reports
6.33-Deleted November 18, 1980
6.34-Nature and Contents of Reports
It shall be the duty of committees to report bills either favorably,
favorably with committee amendmentss, favorably with committee
substitute, or unfavorably, but never "without recommendation." A motion
to lay a bill "on the table" shall be construed as a motion to report the
pending bill unfavorably.
Each report of a committee shall contain the action of the committee on
the bill being transmitted, together with a Committee Information Record
stating (a) the time and place of the meeting at which the action was taken,
(b) the name and address of each person addressing the committee relative
to the measure and, if any agent, the interest represented, and (c) the vote
of each member of the committee on the motion to report each bill.
Each report by a committee shall set forth the identifying number of the
bill and, if amendments are proposed by the committee, the words "with

1:

E OF REPRESENTATIVES February 2, 1993

(number of) amendments" shall follow the identifying number. For the
purpose of documentation, committees shall retain copies of committee
reports and amendments adopted, rejected, or withdrawn with the
committee action noted thereon. After the committee report has been filed
with the Clerk of the House as provided in these Rules, he shall preserve
the Committee Information Record for the convenient inspection by the
public during the legislative session and afterwards deliver it to the
Secretary of State.
6.35-Where Delivered
Committee reports, either favorable or unfavorable, shall be delivered to
the Clerk of the House at a designated place in the office of the Clerk no
later than 12:00 noon of a legislative day. Reports delivered after 12:00
noon shall be considered delivered on the next legislative day. The original
bill(s) must accompany the report.
6.36-How Authenticated
A committee report shall be signed by the chairman or, in his absence,
the vice chairman or temporary presiding officer, using forms prescribed
by the Clerk of the House.
6.37-Placement on Calendar
Bills reported favorably by all committees of reference shall be placed
by the Clerk of the House on the Calendar in numerical order at the
appropriate reading.
6.38-Journal Entry
As bills are reported, the identifying number of a bill together with the
action of the committee, whether favorable, unfavorable, favorable with
(number of) amendmentss, or favorable with substitute, shall be entered
in the Journal.
6.39-Committee Amendments
Committee amendments shall be produced on computer on the
prescribed forms in accordance with the requirements of the Clerk,
numbered serially with any title amendment last, and securely attached to
the bill.
6.40-Committee Substitutes
A committee, in reporting a bill, may draft a new bill embracing the same
general subject matter, to be returned to the Clerk of the House in the same
manner as the favorable reporting of any other bill. The substitute bill,
signed by the chairman or, in his absence, the vice chairman or temporary
presiding officer, shall carry the identifying numbers) of the original
bill(s) and shall be returned to the Clerk of the House in the same number
of copies required for first introduction of a bill. Upon the filing of such
report, the original bill(s) shall be laid on the table of the House. Any other
committee of reference shall direct its attention to the substitute bill.
The sponsors) of the original bill(s) shall be shown by the committee
secretary as a co-sponsor of the substitute unless he notifies the committee
secretary in writing that he wishes to withdraw as a co-sponsor. If all
sponsors of the original bill request to withdraw as a co-sponsor, the
committee substitute shall not be delivered to or accepted by the Clerk for
introduction, unless another member consents to his designation as a co-
sponsor, and the original bill shall be reported "unfavorably" in accordance
with Rule 6.34.
Publication in the Journal of a committee substitute title with sponsors
shall constitute first reading in the same manner as Introduction and
Reference.
6.41-Substitute for Senate Bill
When a committee rewrites a Senate bill which is referred to it, the bill
shall be reported as an amendment striking everything after the enacting
clause, together with an appropriate title amendment if needed.
6.42-Committee Bills; Designation of Co-sponsors
A bill introduced by a committee shall be accompanied by a Committee
Information Record. A committee, in introducing a committee bill, shall
designate a Member or Members as co-sponsor(s) with the approval of said
Member or Members. The bill will be shown by the Clerk of the House as
having been introduced by the committee and the Member(s) so
designated. If no Member consents to his designation as a co-sponsor, the
bill shall not be delivered to or accepted by the Clerk for introduction.
6.43-Recommittal
After a committee report has been received by the Clerk of the House,
no bill shall be recommitted to any committee (except the Committee on
Appropriations and the Committee on Finance & Taxation, as elsewhere
provided) except by a two-thirds vote of the Members present.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Subcommittees
6.44-Designation of Subcommittee Chairmen
The chairmen of the parent committees shall designate the chairmen of
the subcommittees except in the case of the Committee on Appropriations,
whose subcommittee chairmen shall be appointed by the Speaker.
6.45-Temporary Presiding Officer
In the absence of the chairman of a subcommittee from a scheduled
meeting of the subcommittee, the chairman of the parent committee or a
member of the subcommittee designated by the chairman of the parent
committee shall serve as the temporary presiding officer. The chairman of
the parent committee may delegate to the chairman of the subcommittee
the authority to appoint a member of the subcommittee as the temporary
presiding officer.
6.46-Recording Secretary
The chairman of the parent committee, in consultation with the staff
director, shall designate a staff person to serve as the recorder for
subcommittees, and that person shall have the responsibility for the
keeping of the necessary records and reports of the subcommittee.
6.47-Membership
No subcommittee shall have fewer than five members. A majority shall
constitute a quorum. Any bill reported in violation of this Rule shall be
forthwith recommitted by the chairman of the parent committee or by the
Speaker on point of order. The chairman of the parent committee shall, ex
officio, be an additional voting member of each subcommittee at the
chairman's pleasure. However, for the purpose of quorum, the committee
chairman shall not be included in the membership of a subcommittee.
6.48-Rules Binding on Subcommittees
Rules governing standing committees, as to notice of hearing, attendance
of subcommittee members, and requirements for the consideration of bills,
shall be binding upon subcommittees.
6.49-Reconsideration in Subcommittee
A motion for reconsideration shall be treated in the following manner:
(a) When a question has been decided by a subcommittee, any member
voting with the prevailing side or any member, when the vote was a tie or
by voice, may move for reconsideration instanter or leave the motion
pending. By a two-thirds vote, the subcommittee may take up for
immediate disposition any motion to reconsider left pending. The motion
to reconsider may be made at any time during the same meeting prior to
the adoption of a motion to rise or to the subcommittee's rising without
motion upon the time of adjournment having arrived.
(b) A motion to reconsider having been made and left pending, the
motion shall be a special and continuing order of business for the next
succeeding subcommittee meeting and, unless considered at that meeting
on the request of any member of the subcommittee, shall be deemed
abandoned and the subcommittee secretary shall forthwith report the bill
and the action to the parent committee.
(c) A motion to reconsider a collateral matter must be disposed of
during the course of consideration of the main subject to which it is related.
(d) If the subcommittee shall refuse to reconsider or, upon
reconsideration, shall confirm its prior decision, no further motion to
reconsider shall be in order except upon unanimous consent of the
subcommittee members present.
(e) During the last five legislative days of a regular session or at any
time during an extended or special session, the motion to reconsider shall
be disposed of when made.
(f) If no motion is made at the meeting when a bill has been considered
and decided, the subcommittee secretary shall forthwith report the bill to
the parent committee for its consideration.
6.50-Requirements for Reporting
It shall be the duty of subcommittees, subject to Rule 6.53, to report
action upon matters referred to them by the parent standing committee.
A subcommittee shall report all bills either (1) favorably, (2) favorably with
subcommittee amendmentss, (3) favorably with subcommittee substitute,
or (4) unfavorably. A motion to lay a bill "on the table" shall be construed
as a motion to report the bill unfavorably.
All subcommittee reports shall be signed by the chairman or, in his
absence, the temporary presiding officer, and shall be made on forms
prescribed by the Clerk of the House. Subcommittee reports shall
accompany the bill when transmitted to the parent committee and then to
the Clerk of the House as a permanent record.

6.51-Information in Report
Each report of a subcommittee must set forth the identifying number of
the bill; and if amendments are proposed by the subcommittee, the words
"with amendments" shall follow the identifying number. Subcommittee
amendments shall be produced on computer on the prescribed forms,
numbered serially with any title amendment last, and attached to the bill.
Subcommittee reports shall also reflect (1) the time and place of the
meeting at which the action was taken, (2) the name and address of each
person addressing the subcommittee relative to the bill and, if an agent,
the interest represented, and (3) the vote of each member of the
subcommittee on the motion to report the bill.
6.52-Subcommittee Substitute
A subcommittee may, in reporting a bill to the parent standing
committee, draft a new bill, embracing the same general subject matter, to
be returned to the parent standing committee with the recommendation
that the substitute be considered in lieu of the original bill. The substitute
bill must be accompanied by the original bill referred to the subcommittee
and returned to the parent standing committee in the same manner as the
favorable reporting of any other bill.
6.53-Consideration of Subcommittee Reports
(a) A bill when reported by a subcommittee shall be transmitted to the
parent committee. The chairman of the parent committee shall agenda the
bill with the subcommittee report for a meeting of the parent committee
consistent with time and notice requirements.

Unfavorable Reports
(b) A bill reported unfavorably by a subcommittee shall appear on the
agenda for the next meeting of the parent committee following the
unfavorable vote of the subcommittee, consistent with time and notice
requirements. A bill reported unfavorably by a subcommittee shall be laid
upon the table and shall be reported unfavorably to the Clerk following the
next meeting of the parent committee after the unfavorable report of the
subcommittee, unless a member of the parent committee, at such meeting,
makes a motion, which shall be decided without debate, to take the bill
from the table. A two-thirds majority vote of the membership of the parent
committee shall be required to take the bill from the table. If the bill that
previously had been reported unfavorably by a subcommittee is taken from
the table, the parent committee shall take up the bill with debate limited
to members of the committee and the sponsor. However, by a two-thirds
majority vote of the members of the parent committee, the bill may receive
a hearing de novo and witnesses shall be permitted to testify.

Oversight
6.54-Oversight Role
In order to assist the House in-
(a) its analysis, appraisal, and evaluation of (1) the application,
administration, execution, and effectiveness of the laws enacted by the
Legislature, or (2) conditions and circumstances which may indicate the
necessity or desirability of enacting new or additional legislation, and
(b) its formulation, consideration, and enactment of such
modifications of or changes in those laws, and of such additional
legislation, as may be necessary or appropriate,
-the various standing committees shall have oversight responsibilities.
6.55-Oversight Powers
(a) Each standing or select committee or subcommittee is authorized
to invite public officials and employees and private individuals to appear
before the committee for the purpose of submitting information to it.
(b) Each committee is authorized to maintain a continuous review of
the work of the state agencies concerned with its subject area and the
performance of the functions of government within each such subject area,
and for this purpose to request reports from time to time, in such form as
such committee shall designate, concerning the operation of any state
agency and presenting any proposal or recommendation such agency may
have with regard to existing laws or proposed legislation in its subject area.
(c) In order to carry out its duties each standing or select committee
or subcommittee is empowered with the right and authority to inspect and
investigate the books, records, papers, documents, data, operation, and
physical plant of any public agency in this state.

February 2, 1993

51

52 JOURNAL OF THE HOUSE

Issuance of Subpoena
(d) In order to carry out its duties, each standing or select committee
or subcommittee, whenever required, may compel by subpoena and other
necessary process the attendance of witnesses before such committee or the
taking of a deposition pursuant to Rule 6.56(h). With the approval of the
standing or select committee or subcommittee, the chairman of the
standing or select committee shall issue said process on behalf of the
standing or select committee or subcommittee thereof, with the signature
of the Speaker affixed. The chairman of a standing or select committee
may also request that the Speaker authorize the issuance of a subpoena on
behalf of a standing or select committee or subcommittee. The chairman
or any other member of such committee may administer all oaths and
affirmations in the manner prescribed by law to witnesses who shall appear
before such committee for the purpose of testifying in any matter about
which such committee may desire evidence.
(e) Each standing or select committee or subcommittee, whenever
required, may also compel by subpoena duces tecum the production of any
books, letters, or other documentary evidence it may desire to examine in
reference to any matter before it. With the approval of the standing or
select committee or subcommittee, the chairman of the standing or select
committee shall issue process on behalf of the standing or select committee
or subcommittee thereof, with the signature of the Speaker affixed. The
chairman of a standing or select committee may also request that the
Speaker authorize the issuance of a subpoena on behalf of a standing or
select committee or subcommittee.

Contempt Proceedings
(f) Either house may punish by fine or imprisonment any person not
a Member who shall have been guilty of disorderly or contemptuous
conduct in its presence or of a refusal to obey its lawful summons.
A person shall be deemed in contempt if he:
(1) Fails or refuses to appear in compliance with a subpoena or, having
appeared fails or refuses to testify under oath or affirmation.
(2) Fails or refuses to answer any relevant question or fails or refuses
to furnish any relevant book, paper or other document subpoenaed by or
on behalf of such committee, or
(3) Commits any other act or offense against such committee which, if
committed against the Legislature or either house thereof, would
constitute contempt.
A standing or select committee or subcommittee may, by majority vote
of all of its members, apply to the House for contempt citation. The
application shall be considered as though the alleged contempt had been
committed in or against the House itself. If such committee is meeting
during the interim, its application shall be made to the circuit court
pursuant to subsection (i)(8) of this Rule.
A person guilty of contempt under the provision of this Rule shall be
fined not more than five hundred dollars ($500.00) or imprisoned not more
than ninety days or both, or shall be subject to such other punishment as
the House may, in the exercise of its inherent powers, impose prior to and
in lieu of the imposition of the aforementioned penalty.
(g) The sheriffs in the several counties shall make such service and
execute all process or orders when required by standing or select
committees or subcommittees. Sheriffs shall be paid as provided for in
section 30.231, Florida Statutes.

False Swearing
(h) Whoever willfully affirms or swears falsely in regard to any material
matter or thing before any standing or select committee or subcommittee
is guilty of perjury in an official proceeding, which is a felony of the third
degree, and shall be punished as provided in section 775.082, section
775.083, or section 775.084, Florida Statutes.

Rights of Witnesses
(i) All witnesses summoned before any standing or select committee or
subcommittee shall receive reimbursement for travel expenses and per
diem at the rates provided in section 112.061, Florida Statutes. However,
the fact that such reimbursement is not tendered at the time the subpoena
is served shall not excuse the witness from appearing as directed therein.

1]

E OF REPRESENTATIVES February 2, 1993

(1) Service of a subpoena requiring the attendance of a person at a
meeting of a standing or select committee or subcommittee shall be made
in the manner provided by law for the service of subpoenas in civil action
at least seven calendar days prior to the date of the meeting unless a shorter
period of time is authorized by majority vote of all the members of such
committee. If a shorter period of time is authorized, the persons
subpoenaed shall be given reasonable notice of the meeting, consistent with
the particular circumstances involved.
(2) Any person who is served with a subpoena to attend a meeting of
any standing or select committee or subcommittee also shall be served with
a general statement informing him of the subject matter of such
committee's investigation or inquiry and a notice that he may be
accompanied at the meeting by private counsel.
(3) Upon the request of any party and the approval of a majority of the
standing or select committee or subcommittee, the chairman or in his
absence the vice chairman, shall instruct all witnesses to leave the meeting
room and retire to a designated place. The witness will be instructed by the
chairman, or in his absence the vice chairman, not to discuss his testimony
or the testimony of any other person with anyone until the meeting has
been adjourned and the witness discharged by the chairman. The witness
shall be further instructed that should any person discuss or attempt to
discuss the matter under investigation with them after receiving such
instructions he shall bring such matter to the attention of such committee.
No member of such committee or representative thereof may discuss any
matter or matters pertinent to the subject matter under investigation with
witnesses to be called before such committee from the time that these
instructions are given until the meeting has been adjourned and the
witness discharged by the chairman. Any person violating this Rule shall
be in contempt of the Legislature.
(4) Any standing or select committee or subcommittee taking sworn
testimony from witnesses as provided herein shall cause a record to be
made of all proceedings, in which testimony or other evidence is demanded
or adduced which record shall include rulings of the chair, questions of
such committee and its staff, the testimony or responses of witnesses,
sworn written statements submitted to the committee and such other
matters as the committee or its chairman may direct.
(5) A witness at a meeting upon his advance request and at his own
expense, shall be furnished a certified transcript of his testimony at the
meeting.

Right of Other Persons to be Heard
(6) Any person whose name is mentioned or who is otherwise identified
during a meeting being conducted for the purpose of taking sworn
testimony from witnesses of any standing or select committee or
subcommittee and who, in the opinion of such committee, may be adversely
affected thereby, may, upon his request or upon the request of any member
of such committee, appear personally before such committee and testify on
his own behalf, or, with such committee's consent, file a sworn written
statement of facts or other documentary evidence for incorporation into
the record of the meeting. Any such witness, however, shall prior to filing
such statement, consent to answer questions from such committee
regarding the contents of the statement.
(7) Upon the consent of a majority of its members, any standing or
select committee or subcommittee may permit any other person to appear
and testify at a meeting or submit a sworn written statement of facts or
other documentary evidence for incorporation into the record. No request
to appear, appearance or submission shall limit in any way the committee's
power of subpoena. Any such witness, however, shall prior to filing such
statement, consent to answer questions from any standing or select
committee or subcommittee regarding the contents of the statement.

Enforcement of Subpoena Out of Session
(8) Should any witness fail to respond to the lawful subpoena of any
standing or select committee or subcommittee at a time when the
Legislature is not in session or, having responded, fail to answer all lawful
inquiries or to turn over evidence that has been subpoenaed, such
committee may file a complaint before any circuit court of the state setting
up such failure on the part of the witness. On the filing of such complaint,
the court shall take jurisdiction of the witness and the subject matter of

JOURNAL OF THE HOUSE OF REPRESENTATIVES

said complaint and shall direct the witness to respond to all lawful
questions and to produce all documentary evidence in his possession which
is lawfully demanded. The failure of any witness to comply with such order
of the court shall constitute a direct and criminal contempt of court, and
the court shall punish said witness accordingly.
[Note: For conduct of meetings of investigative committees, see Rule
6.56.]
6.56-Conduct of Meetings of Investigative Committees
Each standing or select committee or subcommittee shall comply with
the following procedures with respect to compelling attendance of
witnesses, production of documents or evidence, and the conduct of
meetings before such committee.
If any standing or select committee or subcommittee fails in any material
respect to comply with the requirements of this Rule, any person subject
to subpoena or subpoena duces tecum, who is injured by such failure shall
be relieved of any requirement to attend the meeting for which the
subpoena was issued, or, if present, to testify or produce evidence therein;
and such failure shall be a complete defense in any proceeding against such
person for contempt or other punishment.
In addition to the requirements of Rule 6.55, the following rules of
procedure will be followed at all meetings of standing or select committees
or subcommittees:
(a) A standing or select committee or subcommittee may exercise its
powers during sessions of the Legislature, and in the interim.
(b) A standing or select committee or subcommittee which conducts
meetings for the purpose of taking sworn testimony from witnesses shall
consist of not less than five members.
(c) A quorum of a standing or select committee or subcommittee which
conducts meetings for the purpose of taking sworn testimony from
witnesses shall consist of four or more authorized members, but at no time
less than a majority of the total authorized membership.
(d) No action shall be taken by a standing or select committee or
subcommittee at any meeting unless a quorum is present. Such committees
may act by a majority vote of the members present and voting at a meeting
at which there is a quorum, unless the rules or any law require a greater
number or proportion.
(e) Any standing or select committee or subcommittee thereof, when
conducting a meeting for the purpose of taking sworn testimony, shall give
each member of the committee not less than three calendar days written
notice of any meeting to be held when the Legislature is in session and at
least seven calendar days written notice of any meeting to be held when the
Legislature is not in session. Such notices shall include a statement of the
subject matter of the meeting.
(f) The presiding member at a meeting may direct a witness to answer
any relevant question or furnish any relevant book, paper or other
document, the production of which has been required by subpoena duces
tecum. Unless the direction is overruled by a majority vote of the
committee members present, disobedience shall constitute contempt as
defined in Rule 6.55(f).
(g) Before or during a meeting, a witness or his counsel may file with
the standing or select committee or subcommittee, for incorporation into
the record of the meeting, sworn written statements relevant to the
purpose, subject matter and scope of the committee's investigation or
inquiry. Any such witness, however, shall prior to filing such statement,
consent to answer questions from such committee regarding the contents
of the statement.
(h) Where the chairman of any committee determines that such
procedure would expedite the inquiry or save expenses, the chairman, with
the concurrence of the Speaker, may authorize the conduct of proceedings
by depositions, interrogatories or compulsory production of documents as
provided in this Rule. These proceedings shall be in the nature of
statements under oath taken by a state's attorney. Counsel for persons
under investigation may be allowed to attend such depositions at the
discretion of the chairman. Participation by such counsel at the
depositions may also be allowed at the discretion of the chairman. Any
requests for attendance or participation should be addressed to the
chairman. If the requests are denied, a person may appeal the chairman's
ruling to the Speaker but there shall be no stay of proceedings pending
such appeal.
Where counsel for persons subject to depositions are allowed to
participate in the proceedings under the guidelines of the committee,
testimony or other evidence taken may be introduced before the committee
whether or not the persons or their counsel avail themselves of the
opportunity.

(1) The chairman, with the concurrence of the Speaker, may authorize
a lawyer for the committee to take depositions of witnesses before a court
reporter or notary public of this state. The deposition notice and/or the
subpoena used therewith may identify persons either by name or by job
description and such persons may be required to attend and give testimony
pursuant to the guidelines.
(2) The chairman, with the concurrence of the Speaker, may authorize
the issuance of interrogatories to be answered under oath and these shall
require the person to whom they are directed to appear before a notary
public or court reporter and answer the questions under oath. These may
be served by mail or by personal service and shall be answered under oath
no later than seven days from the date of mailing or three days from the
date of personal service. Any interrogatory may require that a person to
whom it is directed (identified by name or job description) return the
interrogatory in the mail or have it available for delivery to the lawyer for
the committee on a date certain.
(3) Should any substantive or procedural question arise during any
proceedings authorized by Rule 6.56(h), the question shall be referred to
the chairman of the committee or to any committee member designated by
the chairman to pass on such questions. Communication shall be made
with the chairman or any designated committee member by the most rapid
available means, including telephone, and the resolution of such questions,
including without limitation questions on the scope of the discovery may
be communicated by telephone. If any person is dissatisfied with such a
decision, appeal may be had to the Speaker but there shall be no stay of
proceedings pending such appeal.

Conference Committees
6.57-Conference Committee Membership; Procedures
(a) The Speaker shall appoint all House managers for conference
committees. He shall determine the number as need appears. He shall
appoint no less than a majority who generally supported the House
position as determined by the Speaker.
(b) All meetings of all conference committees shall be open to the
public at all times, subject always to the authority of the presiding officer
to maintain order and decorum.
(c) All actions taken in conference committees shall be by motion.
(d) The chairman or, in his absence, the vice chairman of any
conference committee shall give prior notice as soon as practicable of
intention to meet. A notice shall state the date, time and place of meeting
and be posted on the door of the committee managing the conference for
the House at least two hours prior to the time of the meeting.
6.58-Composition of Conference Committee
A conference committee shall consist of an equal number of managers
from each house. The conference committee shall select one of its members
to preside. A report shall require the affirmative votes of a majority of the
managers from each house. The report shall be accompanied by the original
bill.
6.59-Presentation of Report
The receiving of conference committee reports shall always be in order
except when the House is voting on any proposition. When a report is
presented to the House, the sequence shall be:
(a) The vote first shall be on whether the report shall be considered at
that moment.
(b) The next vote shall be on acceptance or rejection of the report as
an entirety. The report must be acted upon as a whole, being agreed to or
disagreed to as an entirety.
(c) The final vote shall be a roll call on the passage of the bill as
amended by the conference committee report.
Should either (b) or (c) fail, the report shall be automatically
recommitted to the conference committee. In the event of a motion to
reconsider, the vote first would be on (b) and then on (c).
6.60-Form of Report
In those instances where a conference committee has redrafted a bill, the
committee shall report an amendment striking everything after the
enacting clause, together with an appropriate title amendment if needed.
Each conference report shall be accompanied by a statement, written or
oral, sufficiently explicit to inform the House of the changes in the bill sent
to conference.
6.61-Time Restraints on Conference Committees
After House and Senate managers have been appointed for seven
calendar days and have failed to report, it is hereby declared to be a motion
of highest privilege either to move to discharge the House managers and
appoint new House managers or to instruct the House managers.

February 2, 1993

53

JOURNAL OF THE HOUSE OF REPRESENTATIVES

During the last six calendar days allowed under the Constitution for a
regular session, it shall be a motion of highest privilege to discharge,
appoint new, or instruct House managers after House managers shall have
been appointed thirty-six hours without having made a report.
6.62-When Managers Are Unable to Agree
When a conference committee is appointed in reference to any bill and
the House managers report inability to agree, no action of the House taken
prior to such appointment shall preclude further action by the House as
the House may determine.
6.63-Procedures for Claim Bills
(a) All claim bills referred to the Committee on Judiciary may be
subreferred to the Subcommittee on Claims.
(b) All claim bills referred to the Subcommittee on Claims shall be
assigned to a House Special Master on Claims, who shall conduct a hearing
in accordance with the Rules of the House of Representatives.
(c) The Special Master shall provide not less than two days prior notice
of the hearing before the Special Master to the parties and to the Sponsor.
(d) Discovery may be permitted, upon motion which shall state the
reason therefore, as determined by the Special Master. When permitted,
discovery shall be conducted in accordance with the Florida Rules of Civil
Procedure, but may be limited in time, scope and method by the Special
Master.
(e) The Special Master shall administer an oath to all witnesses and
shall preserve a recording of the proceedings. A party requesting
transcription of the Special Master's hearing shall bear the costs thereof;
however, such recording shall not be transcribed for distribution to the
committee members except upon order of the Chairman of the Committee
on Judiciary.
(f) The Special Master shall prepare a final report, setting forth
findings of fact, conclusions of law, any collateral sources of recovery, and
the Special Master's recommendations based thereon, including a
reasonable claimant's attorney's fee, if appropriate.
(g) The final report of the Special Master shall be submitted to the
Subcommittee on Claims.
(h) Any objections to the Special Master's final report shall be
submitted in writing to the Subcommittee on Claims prior to the
subcommittee hearing.
(i) At the subcommittee hearing, the parties or their attorneys may
present summaries and argument; however, no additional testimony or
other evidence will be considered, and stipulations entered into by the
parties will not be binding on the subcommittee.
(j) The claimant, if represented by counsel, shall furnish the
subcommittee with a verified statement of his fee arrangement including
the actual costs of perfecting the claim.
(k) All legal remedies should be exhausted prior to the filing of a claim
bill and, any claim currently in litigation shall be postponed for hearing
until such time as all other legal remedies have been exhausted, including
any appellate proceedings.

Rule Seven

Bills, Resolutions and Memorials
7.1-"Bill" Stands for All Legislation
Except where specifically provided otherwise, where "bill" is used in
these Rules, it shall be understood that bill, joint resolution, concurrent
resolution, resolution or memorial or other measure upon which a
committee may be required to report is meant.
7.2-Forms of Measures
To be acceptable for introduction, all bills shall be produced on
computer in a type size of pica or larger, using black ink, without erasure
or interlineation, on paper of the common legal size. The lines shall be
double spaced, and the original and all copies shall be on paper of good
grade. The copies must be exact duplicates of the original. The top and
bottom margins of all pages shall be at least one and one-half inches.
All measures shall be introduced in an original and seven copies. The
original shall be backed with a blue folder-jacket and five copies with blue
jackets. On these jackets shall be inscribed the name of the sponsor and
enough of the title for identification, and on the original folder-jacket the
signature of the sponsor and any co-sponsors and their respective district
numbers. There shall be inserted in the original one unbacked copy. When
a House Bill Drafting Service summary is provided it shall be included in
the original and all copies.
All bills shall be prepared on paper with thirty-one numbered lines
beginning eight spaces from the top of the page. The text shall be
completely within vertical guide lines drawn six and one-half inches apart,
with the words "A bill to be entitled" appearing on the first numbered line.

On reviser's bills, the words appearing on the first numbered line shall be,
"A reviser's bill to be entitled." The lines preceding and following the
enacting or resolving clause shall be left blank. The bill should be aligned
on the page substantially according to the following form:
A bill to be entitled
An act

Be It Enacted by the Legislature of the State of Florida:
Section 1.

Section 2.

Bills which propose to amend existing provisions of law shall contain the
full text of the section, subsection or paragraph to be amended. Joint
resolutions which propose to amend the Florida Constitution shall contain
the full text of the section to be amended.
As to those portions of general bills and joint resolutions which propose
to amend existing provisions of the Florida Statutes, or the Florida
Constitution, new words shall be inserted in the text underlined, and words
to be deleted shall be lined through with hyphens.
In the event the change in language is so general that the use of these
procedures would hinder, rather than assist, the understanding of the
amendment, it shall not be necessary to use the coded indicators of words
added or deleted, but, in lieu thereof, a notation similar to the following
shall be inserted immediately preceding the affected section of the bill:
"Substantial rewording of section. See s ...., F.S., for present text." When
such a notation is used, the notation, as well as the substantially reworded
text shall be underlined.
The words to be deleted and the above-described indicators of such
words and of new material are for information and guidance and shall not
be considered to constitute a part of the bill under consideration. Numerals
in the left and right margins of the line-numbered paper shall not
constitute a part of the bill, being shown on the page only for convenience
in identifying lines.
Section catch lines of existing text shall not be typed with underlining,
nor shall any other portion of a bill covered by this Rule other than new
material.
7.3-Bills
All bills shall contain a proper title, as defined in Section 6 of Article III
of the Constitution, and the enacting clause, "Be It Enacted by the
Legislature of the State of Florida:".
7.4-Local Bills
All local bills, including local claim bills, must either, as required by
Section 10 of Article III of the Constitution, embody provisions for a
ratifying referendum (stated in the title as well as in the text of the bill)
or be accompanied by an affidavit of proper advertisement, securely
attached to the original bill ahead of its first page.
7.5-Joint Resolutions
All joint resolutions shall contain the resolving clause, "Be It Resolved
by the Legislature of the State of Florida:".
7.6-Memorials
All memorials (these express the opinion of the Legislature to the
Congress of the United States) shall contain the resolving clause, "Be It
Resolved by the Legislature of the State of Florida:".
7.7-Resolutions
All House resolutions and all concurrent resolutions shall contain a title
and a resolving clause. In the case of House resolutions, this shall be, "Be
It Resolved by the House of Representatives of the State of Florida:".
Concurrent resolutions shall state, "Be It Resolved by the House of
Representatives of the State of Florida, the Senate Concurring:".
Where copies of House resolutions are directed in the resolution to be
furnished any person after adoption, these shall be prepared only by the
Clerk of the House. The Secretary of State shall prepare certified copies
only on concurrent resolutions after their adoption.
7.8-Requirements for Introduction
(a) All bills (other than the general appropriations bill, concurrent
resolutions relating to organization of the Legislature, and recall of acts
from the Governor) shall be either prepared or, in the case of local bills,

54

February 2, 1993

JOURNAL OF THE HOUSI

reviewed by the House Bill Drafting Service. After the review by the Bill
Drafting Service, no change shall be made in the text or title of the bill
without returning the bill to the Bill Drafting Service prior to filing with
the Clerk of the House.
(b) The Director of House Bill Drafting Service shall notify any
Member proposing a bill if an identical or similar bill has been filed and
the name of the sponsor.
7.9-Printing
Upon introduction, all bills (including committee bills and committee
substitutes) shall be printed for the information of the House and the
public, except that reviser's bills shall be printed only upon the order of
the chairman of the Committee on Rules & Calendar. The Clerk shall have
sufficient copies printed for the needs of the House and the public and shall
furnish the copy for all such printing. This printing of bills shall be
independent of the legislative process, and the absence of a printed copy
shall not delay the progress of any bill at any stage of the legislative
process.
7.10-Identification
Bills shall be introduced in the order they are received by the Clerk of
the House and shall be serially numbered as filed. The Clerk shall mark
the original copy of each bill, and each page thereof, to insure its
identification as the item introduced in order to prevent unauthorized or
improper substitutions therefore. This identification may be by the use of
machines as used in banks for validating or cancelling checks or other
documents, or by the use of any other device to accomplish the purpose of
this Rule. Any such device so used shall be used by and at all times shall
be in the custody of the Clerk and its use by any person not authorized by
this Rule shall be prohibited.
7.11-Companion Measures
A companion Senate bill shall be substantially worded the same, and
identical as to specific intent and purpose as the House bill for which it is
being substituted.
Whenever any bill of the House shall be reached on the Calendar of the
House for consideration, either on second or third reading, and there shall
be also pending on the Calendar of the House a companion bill already
passed by the Senate, it shall be in order to move that the Senate
companion bill be substituted and considered in lieu of the House bill.
Such motion may be adopted by a majority vote, provided the Senate bill
is on the same reading, otherwise the motion shall be to waive the Rules
by two-thirds vote and substitute such Senate bill.
At the moment the House substitutes the Senate companion bill, then
the original House bill shall be regarded as automatically tabled.
Recommitment of a House bill shall automatically carry with it any
Senate companion bill then on the Calendar.
7.12-Miscellaneous Papers; Veto Messages
Papers of a miscellaneous nature addressed to the House may, at the
discretion of the Speaker, be read, noted in the Journal or filed with an
appropriate committee. When the reading of a paper other than one upon
which the House is called to give a final vote is demanded, and the same
is objected to by any Member, it shall be determined without debate by a
majority vote of the House.
In the case of veto messages, the Speaker shall refer them to the
appropriate committee for recommendation.
7.13-Deleted as obsolete April 6, 1989
7.14-Prefiled Bills; Reference; Notice; Proposed Committee
Bills
During the period between the Organization Session and the convening
of the regular session and between the first and second regular sessions of
the legislative biennium, Members may file with the Clerk of the House for
introduction bills which have been prepared or reviewed by the House Bill
Drafting Service.
(a) Such profiled bills shall be numbered by the Clerk and presented
to the Speaker for reference as otherwise provided under Rule Eight. After
the Speaker has referred a bill to a committee, or committees, the Clerk
shall notify each chairman.
(b) Committees shall, after consideration of profiled bills, report their
actions promptly, in the manner prescribed by Rule 6.34, except that the
Committees on Appropriations and Finance & Taxation shall not be
required to file any report during the interim. Once received by the Clerk,
a committee report on a profiled bill shall not be subject to recall by the
committee.

February 2, 1993

E OF REPRESENTATIVES 55

(c) Before any committee holds a meeting for the purpose of
considering a profiled bill or proposed committee bill (PCB) during the
period when the Legislature is not in session, a notice of such meeting shall
be filed with the Clerk and the Sergeant at Arms no later than fourteen
calendar days before the Friday preceding the week of the meeting. The
committee secretary separately shall send copies of notice to the members
of the committee, the first named sponsor of the bill and to such other
sponsors and persons who have requested notice. This notice shall state the
date, time and place of meeting, bill number, and sufficient title for
identification.
When two meetings have been scheduled by a committee during a 30-day
period when the Legislature is not in session, the chairman may provide
in the notice for the first meeting that bills agendaed for the first meeting
and not taken up shall be available for consideration at the second meeting
without further notice.
(d) Prefiled bills shall, pursuant to the Constitution of Florida and the
Rules of the House, be given first reading either on the first day of a regular
session or as soon thereafter as possible. The Clerk shall publish in the
Journal the Speaker's reference of those bills.
(e) In the event a profiled bill had received reference to more than one
committee and less than all have considered the bill, the committee or
committees failing to report shall consider the bill during the regular
session.
(f) Notwithstanding the other sections of this Rule, any Member may,
no later than under the order of business of Motions Relating to Committee
References on the next legislative day following introduction of profiled
bills, move for reference to a different committee, which shall be decided
by a majority vote, or for withdrawal from any committee, which motion
shall be adopted by two-thirds vote.
(g) All requirements for the referencing of bills to and the
consideration of bills by committees of the House shall be deemed to have
been met and discharged if the jurisdictional requirements of this Rule
have been complied with as to each of such bills.
7.15-Deleted as Obsolete
7.16-Fiscal Analysis of Bills
All general bills affecting revenues, expenditures, or fiscal liability shall
be accompanied by a fiscal analysis upon being reported favorably by each
committee, including the Committee on Appropriations or the Committee
on Finance & Taxation. Fiscal analyses shall state in dollars the estimated
increase or decrease in revenues or expenditures and the present and future
fiscal implications of the bill.
A fiscal analysis shall be regarded as a memorandum of factual
information and may be included within the body of the bill analysis which
accompanies the bill, which analyses shall be made available to Members.
The fiscal analysis portion of the bill analysis shall not express comment
nor opinion relative to the merits of the legislation proposed but should
point out technical or mechanical defects.
In the event of any bill of this nature being reported favorably by the
Committee on Appropriations or by the Committee on Finance & Taxation
without a fiscal analysis having been prepared, it shall be the right of any
Member to raise a point of order on second reading and the Speaker may,
in his discretion, order return of the bill to the appropriate fiscal
committee.
A fiscal analysis prepared for a House bill shall be presumed as prepared
also for its Senate companion.
7.17-Filing Cut-off Dates and Times
(a) No bill originating in the House of Representatives, except a simple
House resolution or a bill sponsored by a standing committee, shall be
given first reading unless filed with the Clerk by 12:00 noon of the first day
of regular session.
(b) Bills filed thereafter with the Clerk shall be placed by the Clerk in
the Committee on Rules & Calendar for a determination by the Committee
on Rules & Calendar, upon the request of the sponsor, as to the existence
of an emergency reasonably compelling consideration of the bill
notwithstanding this Rule. The Clerk is directed to number such bill for
identification only.
(c) Except for the general appropriations bill and matters properly
connected therewith, bills implementing the recommendations of
legislatively created study commissions, the judicial certification bill, and
bills reenacting laws automatically repealed by law or statute, no
committee bill shall be accepted for filing by the Clerk of the House after

56 JOURNAL OF THE HOUSE

12:00 noon of the fourteenth day of session unless accompanied by a
certificate of urgent public need for introduction signed by the committee
chairman and approved by the Speaker.
(d) During any special session, all bills filed for introduction, except a
simple House resolution or a bill sponsored by a standing committee, shall
be delivered to the Clerk no later than two hours prior to the convening
of the House each legislative day.
7.18-Short Form Bills
A Member may introduce a short form bill, which suggests the need for
general legislation in a specific field, in lieu of introducing a bill in general
form as required in Rule 7.2. Short form bills shall be introduced in an
original and seven copies prepared by the House Bill Drafting Service.
Short form bills shall be numbered in the same sequence as other items of
legislation and referred to appropriate committees by the Speaker. A short
form bill reported favorably by a standing committee shall be put in final
form and placed upon the Calendar only as a committee substitute. The
Member who introduced the short form bill shall be shown as a co-sponsor
of the substitute by the committee secretary unless the Member notifies
the secretary in writing that the Member wishes to withdraw as a co-
sponsor. If all sponsors of the short form bill request to withdraw as a co-
sponsor, the committee substitute shall not be delivered to or accepted by
the Clerk for introduction, unless another Member consents to his
designation as a co-sponsor, and the original short form bill shall be
reported "unfavorably" in accordance with Rule 6.34.
7.19-Reviser's Bills
Reviser's bills are nonsubstantive bills initiated by the Joint Legislative
Management Committee pursuant to section 11.242 for one of the following
purposes:
(a) To conform the statutory language to an implied amendment that
occurred as a result of previous legislation.
(b) To purge the Florida Statutes of obsolete or redundant provisions.
(c) To correct errors of typography or format.
Reviser's bills shall always be introduced by the Committee on Rules &
Calendar which may request prior review by another substantive
committee. They shall be submitted as soon as possible prior to or during
each legislative session.
Except with the approval of the Committee on Rules & Calendar,
reviser's bills may be amended only by making deletions.

Rule Eight

Order of Business and Calendar
8.1-Daily Sessions
The House shall meet each legislative day at 9:30 a.m. or as stated in the
motion recessing the House on the prior legislative day on which the House
met.
8.2-Daily Order of Business
The daily order of business shall be as follows:
1. Prayer
2. Roll Call
3. Pledge of Allegiance
4. Correction of the Journal
5. Communications
6. Messages from the Senate
7. Reports of standing committees
8. Reports of select committees
9. Motions relating to committee references
10. Matters on reconsideration
11. Bills and joint resolutions on third reading
12. Special Orders
13. Unfinished business
14. Bills and joint resolutions on second reading
15. House resolutions, concurrent resolutions and
memorials on second reading
16. Introduction and Reference
Within each order of business, matters shall be considered in the order
in which they appear on the Daily Calendar.
The order of business of Introduction and Reference of bills and other
measures may be accomplished by publication in the Journal of their titles
as prescribed by Section 7 of Article III of the Constitution.

]

E OF REPRESENTATIVES February 2, 1993

During special sessions the order of business of Introduction and
Reference of House bills shall be conducted immediately following the
order of business of Correction of the Journal.
8.3-Reference: Generally
Bills, upon first reading, whether House or Senate, shall be referred by
the Speaker either to a committee or to the Calendar, as elsewhere
provided in these Rules. The order of reference shall be first to a
substantive committee and then to a fiscal impact committee. If a bill is
referred to both fiscal impact committees, the Speaker shall declare which
shall first consider the bill. The titles and references of bills and the nature
of any documents referred shall be entered on the Journal.
8.4-Reference: Exception
All bills, whether House or Senate, shall be referred by the Speaker to
an appropriate committee except when the bill is being introduced by a
House committee whose jurisdiction embraces the subject of the bill or, if
a Senate bill, the House committee already has a companion bill on the
House Calendar. In such event, said bill shall be referred to the Calendar
or to the Committees on Appropriations or Finance & Taxation as provided
in Rule 8.8. If a bill is reported as a committee substitute which contains,
or with an amendment which contains, an issue which was not in the
original bill and such issue is within the jurisdiction of another committee,
the Speaker may refer the bill or committee substitute to the other
committee having jurisdiction over the additional subject and, if given an
additional reference, such bill or committee substitute shall be considered
by such committee prior to its consideration by the fiscal committees.
Reviser's bills received from the Senate shall be referred to the Committee
on Rules & Calendar.
8.5-Reference of Resolutions, Concurrent Resolutions:
Exception
All resolutions shall be referred by the Speaker to a standing committee,
except that resolutions on House organization and of condolence and
commemoration, or concurrent resolutions recalling a bill from the
Governor's office, and those originating in a committee of proper
jurisdiction, may be taken up upon motion and adopted at time of
introduction without reference.
8.6-Reference of Local Bills
General bills of local application and those local bills which would
provide an exception to general law shall be referred by the Speaker to the
committee having general jurisdiction over local bills and one other
substantive standing or select committee for procedural and substantive
review.
8.7-Reference to More Than One Committee; Exceptions
The Speaker shall not refer a bill to more than one standing committee,
other than the Committee on Rules & Calendar, notwithstanding the
provisions of Rule 8.3, unless directed otherwise by the House upon motion
adopted by majority vote or as required or authorized by Rules 8.4, 8.6,8.8
or 8.9.
8.8-Reference of Appropriations or Tax Measures
All bills carrying or affecting appropriations or mandating the
expenditure of funds by county or city governments shall, and claim bills
may, be referred to the Committee on Appropriations, and all bills
affecting tax matters, whether state or local, shall be referred to the
Committee on Finance & Taxation. In addition such bills may be referred
to one other standing committee and, where appropriate, to the committee
having general jurisdiction over local bills, at the discretion of the Speaker.
The bill is referred to the standing committee previous to its reference to
the fiscal committees.
If the original bill reported favorably by a committee did not call for or
affect an appropriation or affect a tax matter, and an amendment, offered
either from the floor or by the reporting committee and adopted, does call
for or affect an appropriation or affect a tax matter, then the bill with
amendment may, at the discretion of the Speaker, be referred to the
Committee on Appropriations and the Committee on Finance & Taxation,
as may be appropriate. The bill, if then reported favorably, shall be
returned to the same reading as when referred.
8.9-Reference to Different Committee; Withdrawal from
Committee
(a) When the Speaker has referred a bill, any Member may, no later
than under the order of business of "Motions Relating to Committee

JOURNAL OF THE HOUSE OF REPRESENTATIVES

References" on the succeeding legislative day, move for reference to a
different committee and this proposed withdrawal from the committee of
original reference shall be decided by the House by a majority vote of those
voting, except that where such proposed withdrawal is from the Committee
on Appropriations or the Committee on Finance & Taxation, the same
shall be decided by a two-thirds vote of the Members present.
(b) The question of proper reference may be raised at any time by the
chairman of a committee claiming jurisdiction, and this shall be decided
by a majority vote of those voting.
(c) No bill may be withdrawn from a committee and placed upon the
Calendar, except by a two-thirds vote.
(d) Where a bill has been referred to two or more committees, a motion
may be made to withdraw it from any committee to which it has been so
referred, and where the effect of such motion is to withdraw it from a
committee, thus leaving the bill in a committee and not placing it on the
Calendar, such proposed withdrawal shall be decided by a two-thirds vote
of Members present.
(e) When a motion is made to withdraw a bill under any provision of
this Rule, the movant shall identify the measure in sufficient detail as to
place the House on notice as to its content.
8.10-Reading of Bills and Joint Resolutions
Each bill or joint resolution shall receive three separate readings on three
separate days previous to a vote upon final passage unless two-thirds of the
Members present decide otherwise. (Constitution: Article III, Section 7-
"Any bill may originate in either house and after passage in one may be
amended in the other. It shall be read in each house on three separate days,
unless this rule is waived by two-thirds vote; provided the publication of
its title in the journal of a house shall satisfy the requirement for the first
reading in that house. On each reading, it shall be read by title only, unless
one-third of the members present desire it read in full.") "Reading" is
defined as the stage of consideration of a bill or joint resolution after
announcement of sufficient of the title as necessary for identification as
determined by the Speaker.
8.11-Reading of Concurrent Resolutions and Memorials
Each concurrent resolution or memorial shall receive two readings on
two separate days previous to a voice vote upon adoption.
8.12-Reading of House Resolutions
Each House resolution shall receive two readings by title only previous
to a voice vote upon adoption.
8.13-Measures on Third Reading
Upon the third reading of any bill, it shall not be committed (save to the
Committees on Appropriations or Finance & Taxation under Rule 8.8) or
amended, except as to title without consent of two-thirds of the Members
voting, nor shall the vote on passage be postponed to a day certain without
the consent of a majority of those voting.
8.14-Consideration of Bills Out of Regular Order
A bill may be considered by the House although not included on the
Special Order Calendar upon two-thirds vote of the Members present
obtained in the following manner: The Member moving the House for such
two-thirds vote shall have prior to the entertainment of such motion, first
orally given the membership not less than thirty minutes notice of his
intention to so move which said notice shall specify the number of the bill
and its purpose. The moving Member shall be allowed one minute upon the
entertainment of such motion to explain his purpose, and two-thirds vote
shall then be given or refused without further debate.
8.15-Special Order Calendar: Regular Session
(a) Any committee or individual Member of the House may apply to
the Committee on Rules & Calendar to place a bill on the Special Order
Calendar. The Committee on Rules & Calendar may grant such requests
by a majority vote.
(b) The Committee on Rules & Calendar shall submit from day to day
a Special Order Calendar determining the priority for consideration of
legislation. No other bills shall be considered for the time period set forth
except that any bill appearing on this Calendar may be stricken therefrom
by a two-thirds vote of the Members present or any bill may be added
pursuant to Rule 8.14. A previously adopted Special Order Calendar shall
expire upon adoption of a new Special Order Calendar.
(c) The Committee on Rules & Calendar shall publish, during the first
forty-five calendar days of a regular session, the Special Order Calendar no
later than twenty-four hours prior to its presentation to the House.

8.16-Special Order Calendar: Extended and Special Sessions
If a legislative session is extended by the Legislature, all bills on the
Calendar at the time of expiration of the regular session of the Legislature
shall be placed in the Committee on Rules & Calendar.
During any extended or special session, all bills upon being reported
favorably by the last committee considering such bills shall be placed in
the Committee on Rules & Calendar.
During any extended or special session, the Committee on Rules &
Calendar shall establish a Special Order Calendar and only those bills on
such Special Order shall be placed on the Calendar of the House.
During any extended or special session, on Monday of each week there
shall be printed a Calendar setting forth a list of the bills, by title, which
have been approved by the committee of final reference and placed in the
Committee on Rules & Calendar as well as those bills which, on the last day
of the regular legislative session, were removed from the Calendar and
placed in the Committee on Rules & Calendar, all in numerical order.
8.17-Consent Calendar
The Committee on Rules & Calendar may submit a Consent Calendar
designed to expedite the Calendar. All bills appearing on the Consent
Calendar shall be considered in the order listed, provided, however, that
an objection by any Member made prior to consideration of any bill,
subject to regulations promulgated by the Committee on Rules & Calendar,
shall cause such bill to be retained on the regular Calendar.
8.18-Calendar of Local Bills
Local bills shall be disposed of according to the Calendar of Bills of a
Local Nature and shall be taken up and considered only at such time as
shall be specially fixed therefore by the Committee on Rules & Calendar,
and no bill of a general nature or amendments thereto shall be considered
at such time.
8.19-Engrossing
Before any bill shall be read the third time, whether amended or not, it
shall be referred without motion to the Engrossing Clerk for examination
and, if amended, the engrossing of amendments. In cases where no
amendments have been adopted, the measure may be returned to the
House on the following legislative day as engrossed without being
reprinted. Where an amendment has been adopted, this shall be carefully
incorporated in the bill and returned to the House. The bill shall then be
placed on the Calendar of Bills on Third Reading. No reference under this
section need be made of local bills which have not been amended in the
House. In the case of any Senate bill amended in the House, the
amendment adopted shall be reproduced in triplicate and attached to the
bill amended in such manner that it will not be likely lost therefrom.
8.20-Order After Second Reading
A bill shall be determined on its third reading when it has been read a
second time on a previous day and no motion left pending.
8.21-Bills Informally Deferred-Members Absent
Whenever the Member who introduced a bill, or the chairman of the
committee which had reported it, shall be absent from the Chamber when
the bill has been reached in the regular order on second or third reading,
consideration shall be informally deferred until his return. The bill shall
retain its position on the Calendar. The Member shall have the
responsibility of making the motion for its subsequent consideration.

Rule Nine

Voting
9.1-Taking the Yeas and Nays
The Speaker shall declare all votes, but if any Member rises to doubt a
vote, upon a showing of hands by five Members, the Speaker shall take the
sense of the House by rising vote, or he may take the sense of the House
by yeas and nays or by oral or electronic roll call. When taking the yeas and
nays on any question, the electronic roll call system may be used, and when
so used shall have the force and effect of a roll call taken as provided in
these Rules. This system likewise may be used to determine the presence
of a quorum. When the House is ready to vote upon a question requiring
roll call, and the vote is by electronic roll call, the Speaker shall state: "The
question is on (designating the matter to be voted upon). All in favor of
such question shall vote'Yea,' and all opposed shall vote 'Nay.' The House
will now proceed to vote." When sufficient time has elapsed for each

February 2, 1993

57

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Member to vote, the Speaker shall say: "Have all voted?" And after a short
pause shall state: "The Clerk shall now lock the machine and record the
vote." When the vote is completely recorded, the Speaker shall announce
the result to the House, and the Clerk shall enter upon the Journal the
result in the manner provided by these Rules.
9.2-Change of Vote
After the result of a roll call has been announced, a Member may advise
the Clerk of (1) his wish to be recorded as to how he would have voted or
(2) his wish to change his vote. The Clerk shall provide forms for the
recording of these actions. When timely made, these requests shall be
shown in the Journal beneath the roll call. Otherwise, the request shall be
shown separately in the Journal. In no instance, other than by reason of
a mechanical malfunction, shall the result of the voting machine roll call
on bills be changed.
9.3-No Member to Vote for Another Except by Request
(a) No Member shall vote for another Member on a quorum call.
(b) No Member shall vote for another Member except at his request
when absent from his seat but present elsewhere in the Chamber, nor shall
any person not a Member cast a vote for a Member. In addition to such
penalties as may be prescribed by law, any Member who shall vote or
attempt to vote for another Member may be punished in such a manner
as the House may deem proper. Any person not a Member who shall vote
wrongfully in the place of a Member shall be excluded from the Chamber
for the remainder of the session, in addition to such punishment as may
be prescribed by law.
9.4-Pairing
Pairing shall be permitted only upon the absence of a Member for good
cause and shall be in writing and specifically state the bill or bills or
questions upon which pairs are arranged. Paired votes shall be filed in
writing before the vote with the Clerk and recorded in the Journal as an
indication of how both the present and absent Member would have voted.
Paired votes shall not be shown on roll calls.
9.5-Explanation of Vote
No Member shall be permitted to explain his vote during a roll call, but
may reduce his explanation to writing, in not more than two hundred
words, and upon filing with the Clerk, this explanation shall be spread
upon the Journal.

Rule Ten

Motions and Their Precedence
10.1-Motions: How Made; Withdrawn
Every motion shall be made orally, provided, that at the request of the
Speaker it shall be reduced to writing. After a motion has been stated or
read by the Speaker it shall be deemed to be in possession of the House,
without a second, and shall be disposed of by vote of the House. The mover
may withdraw a motion at any time before the same has been amended or
before a vote thereon shall have been commenced, except a motion to
reconsider may be withdrawn only on the day made or on the next
succeeding legislative day.
10.2-Motions: Precedence
When a question is under debate the Speaker shall receive no motion
except:
1. To adjourn at a time certain;
2. To adjourn instanter;
3. To take a recess;
4. To lay on the table;
5. To reconsider;
6. For the previous question;
7. To limit debate;
8. To postpone to a time or day certain;
9. To commit to a standing committee;
10. To commit to a select committee;
11. To amend;
12. To postpone indefinitely;
13. To amend by striking out the enacting or resolving clause;
which several motions shall have precedence in the descending order given.

10.3-Order of Questions
The Speaker shall propound all questions in the order in which they are
moved unless the subsequent motion be previous in nature; except that in
naming sums and fixing times, the largest sums and the longest times shall
be put first.
10.4-Motions Which Can Be Made But Once
Motions to adjourn or recess shall be decided without debate by a
majority vote of those present and voting. Only one substitute for a motion
to adjourn shall be entertained. The substitute motion shall fix a different
time for adjournment, and the same shall be put without debate, except
that one minute shall be allowed the mover of the substitute within which
to explain his reasons therefore. The substitute motion having been lost, the
question shall be put on the original motion which if lost shall preclude any
further motion to adjourn until other business shall have intervened.
10.5-Deleted as Obsolete
10.6-Division of Question
Any Member may call for a division of a question when the sense will
admit of it. A motion to strike out and insert shall be deemed indivisible;
a motion to strike out, being lost, shall neither preclude amendment nor
a motion to strike out and insert.
10.7-Reconsideration: Generally
When a motion or main question has been made and carried or lost it
shall be in order at any time as a matter of right on the same or succeeding
legislative day for a Member of the majority, or for any Member in the case
of a voice or tie vote, to move for reconsideration thereof. When a majority
of Members present vote in the affirmative but the proposition be lost
because it is one in which the concurrence of a greater number than a
majority is necessary for adoption or passage, any Member may move for
a reconsideration.
No bill referred to a committee, by a vote of the House, shall be brought
back into the House on a motion to reconsider.
10.8-Reconsideration: Disposition
If a motion to reconsider the vote on a main question is made during the
time when such motion may be considered under the proper daily order of
business it may, at the option of the mover, be decided instanter or left
pending. If it be made at a time when the same may not be properly
considered under the order of business before the House, it shall be left
pending for consideration.
Such motion may be withdrawn on the day made or on the next
succeeding legislative day but not thereafter without the consent of the
majority of the House. If not withdrawn or otherwise acted upon by the
original mover during the day said motion was made or the next succeeding
legislative day, any Member may thereafter call it up for consideration.
10.9-Reconsideration: Last Fourteen Days
A motion to reconsider, if made during the last fourteen calendar days
of a regular session, or during extensions thereof, or during any special
session, shall be disposed of when made.
10.10-Reconsideration: Only Once
The motion to reconsider shall require for its adoption the affirmative
votes of a majority of the Members present and voting, and such motion
shall not be made on any proposition after once being considered by vote
of the House except by unanimous consent.
10.11-Reconsideration: When Debate Allowed
Debate shall be allowed on a motion to reconsider onlywhen the question
which it is proposed to reconsider is debatable. Where debate upon a
motion to reconsider is in order, no Member shall speak thereon more than
once nor for a longer period than five minutes.
10.12-Reconsideration: Collateral Matters
The adoption of a motion to reconsider a vote upon any secondary
matter shall not remove the main subject under consideration from
consideration of the House. A motion to reconsider a collateral matter must
be disposed of at once during the course of the consideration of the main
subject to which it is related and such motion shall be out of order after
the House has passed to other business.
[Note: See Rule 11.14, Reconsideration of Amendment on Third
Reading.]

58

February 2, 1993

JOURNAL OF THE HOUSI

10.13-Reconsideration: Clerk to Hold for Period
The Clerk shall retain possession of all bills for the period after passage
during which reconsideration may be moved, except during the last
fourteen calendar days allowed under the Constitution for a regular session
and during any extensions thereof, or during any special session, these shall
be transmitted to the Senate forthwith.
The adoption of any motion to waive the Rules by a two-thirds vote of
the Members present and immediately certify any bill to the Senate shall
be construed as releasing the measure from the Clerk's possession for the
period of reconsideration. Bills either on the Local Calendar or passed as
local bills and concurrent resolutions and memorials shall be transmitted
to the Senate without delay. Messages relating to House action on Senate
amendments or to conference committee reports shall be transmitted
forthwith.
All bills, when transmitted to the Senate, shall be accompanied by a
message stating the title to the bill and asking the concurrence of that
body.
10.14-Previous Question
(a) The previous question may be asked and ordered upon any
debatable single motion, or series of motions, or any amendment pending,
and the effect thereof shall be to conclude all action on the same day. If
third reading is reached on another day, the order for the previous question
must be renewed on that day.
The motion for the previous question shall be decided without debate.
If the motion prevails, the sponsor of a bill or debatable motion and an
opponent shall be allowed three minutes each within which to discuss the
same, and each may divide his time with, or waive his right in favor of, some
other Member. The motion for the previous question shall be put in the
following form: "Shall the main question be now put?"
(b) If a bill is being considered section by section, the previous question
shall include proposed amendments in the Clerk's possession, and debate
on the proposed amendments in the Clerk's possession shall be limited to
three minutes per side. The Clerk shall not receive further proposed
amendments after the motion has been made for the previous question.
(c) If the motion for the previous question be adopted, the sense of the
House shall be taken forthwith on pending amendments (and in the case
of proposed amendments in the Clerk's possession under Section (b)) and
the main question in the regular order. If amendments have been adopted,
the regular order shall include adoption of title amendments.
(d) The motion for the previous question may not be made by the
sponsor or mover.
10.15-Motion to Indefinitely Postpone
Motions to indefinitely postpone shall be applicable only to
consideration of a bill. The adoption of a motion to indefinitely postpone
a bill shall dispose of such bill for the duration of the legislative session and
all extensions thereof. Any motion to postpone consideration to a time
beyond the last day allowed under the Constitution for the current
legislative session shall be construed as a motion to indefinitely postpone.
10.16-Lay on Table
The motion to lay on the table shall be decided without debate, provided
that before the motion is put, the sponsor of a bill or debatable motion shall
be allowed five minutes within which to discuss the same, and he may
divide his time with, or waive his right in favor of, some other Member. If
an amendment be laid on the table such action shall not carry the subject
matter with it.
10.17-No Delaying Motions
No dilatory or delaying motions shall be entertained by the Speaker.
10.18-Motions Relating to Remarks
Any motion to spread remarks upon the Journal, except those of the
Governor and the Speaker, shall be referred to the Committee on Rules &
Calendar for recommendation before being put to the House.

Rule Eleven

Amendments
11.1-General Form; Manner of Consideration
(a) Amendments shall be stored on the legislative computer in a format
approved by the Clerk.
(b) Title amendments,'if required, may be set forth on the same form
below the body of an amendment.

February 2, 1993

11.4-Striking All After Enacting Clause
A proposal to strike out all after the enacting clause or the resolving
clause of a bill and insert new matter of the same general subject as stated
in the original title, shall be deemed proper and germane and shall be
treated as an amendment.
11.5-Striking Out Enacting or Resolving Clause
An amendment to strike out the enacting or resolving clause of a bill
shall, if carried, be considered as equivalent to rejection of the bill by the
House.
11.6-Amendment by Section
The adoption of an amendment to a section shall not preclude further
amendment of that section. If a bill is being considered section by section

E OF REPRESENTATIVES 59

(c) The sponsor of an amendment shall file with the Clerk a printed
original of the amendment, 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.
(d) Amendments 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.
(e) Unless there be objection, committee amendments shall be adopted
en bloc.
(f) 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.
(g) No amendment, other than a technical amendment offered by the
Committee on Rules & Calendar, shall be considered unless a printed
original 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, by a majority vote, 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 later 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.
(h) However, when the provisions of Rule 8.15(c) are waived, the
deadlines for amendments, substitute amendments and amendments to
the amendment in section (g) 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.
11.2-Adoption
Amendments shall be adopted on second reading of a bill by majority
vote; on third reading, by a two-thirds vote, except that corrective
amendments to the title, after perfection of the body, shall be decided
without debate by a majority vote on second or third reading. No bill shall
be amended in its title prior to the inclusion of the affected matter in the
text.
11.3-Sequence of Amendments to Amendments
An amendment to a pending amendment may be received, but until it
is disposed of no other motion to amend will be in order except a substitute
amendment or an amendment to the substitute. Such amendments are to
be disposed of in the following order: (1) Amendments to the amendment
are acted upon before the substitute is taken up. Only one amendment to
the amendment is in order at a time. (2) Amendments to the substitute are
next voted on. (3) The substitute then is voted on. The adoption of a
substitute amendment in lieu of an original amendment shall be treated
and considered as an amendment of the bill itself.

TEXT

60 JOURNAL OF THE HOUSE

or item by item, only amendments to the section or item under
consideration shall be in order. The Speaker shall, in recognizing Members
for the purpose of moving the adoption of amendments, endeavor to cause
all amendments to Section 1 to be considered first, then all those to Section
2, and so on. After all sections have been considered separately, the whole
bill shall be open for amendment.
11.7-Amendments Printed in Journal
All amendments taken up, unless withdrawn, shall be printed in the
Journal except that an amendment to the general appropriations bill
constituting an entirely new bill shall not be printed until the filing of the
conference committee report. All item amendments to the general
appropriations bill shall be printed.
11.8-Amendment Must be Germane
No proposition on a subject different from that under consideration shall
be admitted under color of amendment.
11.9-House Amendment to Senate Bill
Any Senate bill may be amended in the same manner as a House bill. If
a Senate bill is amended the same shall be noted by the Clerk on the jacket
containing same before it is reported to the Senate.
11.10-Senate Amendment to House Bill
(a) The Clerk shall, during the first fifty-five calendar days of a regular
session, withhold from reading for twenty-four hours after receipt all
Senate messages with Senate amendments to House bills. The Clerk is
further directed to reproduce promptly the Senate amendments and
distribute these to the Chamber desks of Members at least one hour, sooner
if feasible, before the reading of the message. After the first fifty-five
calendar days, the Clerk shall endeavor to reproduce and distribute Senate
amendments as expeditiously as possible, but the absence of copies shall
not bar the taking up of messages with Senate amendments.
(b) After the reading of a Senate amendment to a House bill the
following motions shall be privileged in the order named: (1) amend the
Senate amendment by a concurrence of the majority required for the final
passage of the bill, or (2) concur in the Senate amendment by a concurrence
of the same majority required for the final passage of the bill, or (3) refuse
by the majority of the required quorum to concur and ask the Senate to
recede, or (4) request the Senate to recede and, failing to do so, to appoint
a conference committee to meet with a like committee appointed by the
Speaker.
(c) The Speaker may, upon determining that a Senate amendment
substantially changes the bill as passed by the House, refer the Senate
message, with the bill and Senate amendmentss, to an appropriate House
committees) for review and report to the House. The Speaker, upon such
reference, shall announce the date and time for the committees) to meet.
The committees) shall report to the House the recommendation for
disposition of the Senate amendments) under one of the four options
presented in section (b) of this Rule. The report shall be given to the House,
either in writing or orally, by the Chairman of the reporting committee.
(d) No House bill with Senate amendment shall be accepted by the
Clerk from the Senate unless the amendment be submitted in triplicate.
11.11-Senate Refusal to Concur in House Amendment
If the Senate shall refuse to concur in a House amendment to a Senate
bill, the following motions shall be in order and shall be privileged in the
order named: (1) that the House recede; or (2) that the House insist and
ask for a conference committee or (3) that the House insist.
11.12-Subject Matter of Amendment; Previous Unfavorable
Action
Whenever a bill has been reported unfavorably, and thereafter similar
or identical language otherwise germane is proposed for inclusion by House
amendment to another bill, it shall be the right of any Member to raise a
point of order previous to the adoption of the amendment, and the Speaker
shall rule whether, if the amendment is adopted, it shall be subject to
commitment.
If the amendment is adopted, the Speaker shall order the measure
handled in accordance with his ruling on the point of order.
11.13-Appropriation Amendments
Whenever an amendment is offered to the general appropriations bill
which would increase any line item of said bill, such amendment shall show
the amount by line item of the increase and shall decrease a line item or
items in an amount equivalent to or greater than the increase required by
the amendment.
11.14-Reconsideration of Amendment on Third Reading
A motion for reconsideration of an amendment on third reading requires
a two-thirds vote for adoption.

E OF REPRESENTATIVES February 2, 1993

11.15-All Amendments Shall Be Transmitted
Amendments adopted by all committees of reference (except those
incorporated in a committee substitute) shall accompany a bill when filed
with the Clerk of the House. No committee shall physically remove an
amendment adopted by a prior committee. Instead, there may be adopted
nullifying or amendatory language by a subsequent committee of reference.

Rule Twelve

Decorum and Debate
12.1-Decorum and Debate
When any Member desires to speak or deliver any matter to the House,
the Member shall rise and respectfully address the Speaker as "Mr.
Speaker" or "Madam Speaker" and, on being recognized, may address the
House from the Member's desk or from the Well of the House, and shall
confine the address to the question under debate, avoiding personality.
During debate a Member shall not address or refer to another Member by
first name. In all such cases, a Member shall appropriately use the
appellation of "Mr.", "Gentleman", "Miss", "Ms.", "Mrs.", "Lady", or
"Representative."
12.2-Speaker's Power of Recognition
When two or more Members rise at once, the Speaker shall name the
Member who is first to speak.
12.3-Interruption of Members in Debate
No Member shall be interrupted by another without the consent of the
Member who has the floor, except by rising to a question of order.
12.4-Time for Debate
No Member shall occupy more than fifteen minutes (ten minutes after
the first twenty calendar days of a regular session) in debate on any
question in the House or in committee, except as further provided in Rule
12.5. The Member introducing the bill under consideration (or someone
designated by him) may open and close, where general debate has been had
thereon; and he shall be entitled to five minutes to close, notwithstanding
he may have used fifteen minutes (ten minutes after the first twenty
calendar days) in opening. The Member proposing an amendment or
moving a motion (or someone designated by him) shall be entitled to five
minutes to close, notwithstanding he may have used fifteen minutes (ten
minutes after the first twenty calendar days) in opening. However, this
section shall not deprive the sponsor or mover of his right to close when
the effect of an amendment or motion would be to kill the bill, amendment
or motion. In such instances, the Member sponsoring the amendment or
motion and the sponsor of the bill each may close in that order of speaking.
No Member shall speak more than once to the same question without leave
of the House except in accordance with this Rule.
12.5-Limitation on Debate
When there is debate by the House, it shall be in order for a Member to
move to limit debate and such motion shall be decided without debate,
except that the sponsor or mover of the question under debate shall have
five minutes within which to discuss said motion, and may divide the
allotted time with, or waive it in favor of, some other Member. If, by
majority vote, the question is decided in the affirmative, debate shall be
limited to twenty minutes to each side, unless a greater time is stated in
the motion, such time to be apportioned by the Speaker; provided,
however, that the sponsor or mover shall have an additional five minutes
within which to close the debate, and may divide the allotted time with,
or waive it in favor of, some other Member.
12.6-Priority of Business
All questions relating to the priority of business to be acted on shall be
decided without debate.
12.7-Questions of Privilege
Questions of privilege shall be: (1) Those affecting the House collectively,
its safety, dignity, and integrity of its proceedings; (2) The rights,
reputation and conduct of the Members individually, in their
representative capacity only, and shall be in order at any time, but no
Member shall be permitted to speak longer than ten minutes on a question
of privilege. Questions of the privilege of the House shall be brought before
the body in the form of a resolution. Questions of personal privilege shall
be raised by statements from the floor and if sustained by the Chair shall
entitle the Member to recognition thereon.
12.8-Misconduct by Non-Member
Any person not a Member who shall, whether the House is in session or
not, be guilty in the Chamber of misconduct or the use of unbecoming
language to a Member, shall be ejected from the Chamber for the
remainder of the legislative session.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Rule Thirteen

Lobbying
13.1-Deleted January 22, 1991
(See Joint Rule 1.1)
13.2-Deleted January 22, 1991
(See Joint Rule 1.2)
13.3-Deleted January 22, 1991
(See Joint Rule 1.1)
13.4-Obligations of Lobbyist
A lobbyist shall supply facts, information, and opinions of principals to
Legislators from the point of view which he openly declares. A lobbyist
shall not offer or propose anything which may reasonably be construed to
improperly influence the official act, decision, or vote of a Legislator, nor
shall a lobbyist attempt to improperly influence the selection of officers or
employees of the House. A lobbyist by personal example and admonition
to colleagues shall maintain the honor of the legislative process by the
integrity of his relationship with Legislators as well as with the principals
whom he represents.
A lobbyist shall not knowingly and willfully falsify, conceal or cover up
by any trick, scheme or device, a material fact or make any false, fictitious
or fraudulent statement or representation, or make or use any writing or
document knowing the same to contain any false, fictitious or fraudulent
statements or entry.
No registered lobbyist shall be permitted upon the floor of the House
while it is in session.
13.5-Deleted January 22, 1991
(See Joint Rule 1.2)
13.6-Advisory Opinions; Compilation Thereof
A lobbyist, when in doubt about the applicability and interpretation of
Rule 13 or any provision in Joint Rule 1 adopted by the House and the
Senate, in a particular context, shall submit in writing the facts for an
advisory opinion to the Speaker, who shall refer the issue to a committee
designated by the Speaker to have responsibility for the ethical conduct of
lobbyists and may appear in person before said committee. This committee
shall render advisory opinions to any lobbyist who seeks advice as to
whether the facts in a particular case would constitute a violation of such
Rule by a lobbyist. Such opinion until amended or revoked shall be binding
in any subsequent complaint concerning the lobbyist who sought the
opinion and acted on it in good faith, unless material facts were omitted
or misstated in the request for advisory opinion. The committee shall make
sufficient deletions to prevent disclosing the identity of persons in the
decisions or opinions. All advisory opinions of this committee shall be
numbered, dated and published in the Journal of the House. The Clerk of
the House shall keep a compilation of all advisory opinions of the
committee designated by the Speaker to have responsibility for the ethical
conduct of lobbyists.
13.7-Deleted as obsolete November 17, 1992
13.8-Complaints Relating to Lobbyists; Procedure
(a) Filing of Complaints. The Chairman of the Rules & Calendar
Committee shall receive and initially review allegations of violations of the
House Rules, Joint Rule 1, or violations of a law, rule or other standard of
conduct by a lobbyist.
(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 lobbyist.
(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 of the lobbyist (respondent) alleged to be in violation of
the House Rules, Joint Rule 1, or a law, rule, 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
of the House Rules, Joint Rule 1, or law, rule, or other standard of conduct
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 lobbyist
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 (m) 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 Rules, Joint Rule 1, or a law, rule, 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 Rules, Joint Rule 1, or a law, rule, 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 of violations of the House Rules, Joint Rule 1, or a law, rule
or other standard of conduct;
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 lobbyists.
(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,

February 2, 1993

61

62 JOURNAL OF THE HOUSE

memoranda, papers, documents, and other items as it deems necessary to
the conduct of the inquiry.
(2) Probable Cause Finding.
a. 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.
b. 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.
c. 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 the imposition of a penalty pursuant to Rule 13.9, 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 Lobbyist Conduct pursuant to subsection (d) of this Rule.
d. 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 imposition of a penalty pursuant to Rule 13.9,
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 Rules, Joint Rule 1, or
law, rule, or other standard of conduct alleged to have been violated. A copy
of the statement shall also be transmitted to the Speaker.
(d) Hearing.
(1) Select Committee on Lobbyist Conduct. Upon receipt by the
Speaker of a Statement of Alleged Violation, he shall appoint, within
twenty (20) days, a Select Committee on Lobbyist Conduct (the select
committee) to hold hearings regarding the statement 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 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 admissible under the Florida Rules of Evidence and it shall

i

E OF REPRESENTATIVES February 2, 1993

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 Rules,
Joint Rule 1, or a law, rule, 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 Rules, Joint
Rule 1, or a law, rule, 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 lobbyist is
charged in a count that the select committee has voted as proved, the select
committee may recommend to the House that the lobbyist be censured,
reprimanded, prohibited from lobbying for all or any part of the legislative
biennium during which the violation occurred, or 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.

JOURNAL OF THE HOUSE]

(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 Select Committee on Lobbyist 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 Lobbyist 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 Lobbyist
Conduct is authorized to retain and compensate counsel not regularly
employed by the House, as authorized by the Speaker.
(k) 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 Lobbyist 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.
(1) Ex Parte Communications.
(1) A Special Master or a member of a Probable Cause Panel or of a
Select Committee on Lobbyist 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 Lobbyist
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)c. of this Rule or to a
consent decree authorized pursuant to section (g) of this Rule.

February 2, 1993

E OF REPRESENTATIVES 63

(m) Time Limitations.
(1) On or after the effective date of these Rules, all sworn complaints
alleging violations of the House Rules, or Joint Rule 1, 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 Rules 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 lobbyist 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.
13.9-Penalties for Violations
Separately from any prosecutions or penalties otherwise provided by
law, any person determined to have violated the foregoing requirements of
this Rule or any provision in Joint Rule 1 adopt-l by the House and the
Senate, may be reprimanded, censured, prohibited from lobbying for all or
any part of the legislative biennium during which the violation occurred,
or such other penalty as may be apporpriate. Said determination shall be
made by a majority of the House, upon recommendation of the committee
so designated under Rule 13.8.

Rule Fourteen

Chamber of the House
14.1-Use of the Chamber
The Chamber of the House shall be used for the legislative business of
the House and for the caucus meetings of its Members. Any other use shall
be allowed only at the discretion of the Speaker.
14.2-Privilege of the Floor
Other than present Members of the House and of the Senate, the persons
hereinafter named, and none other, shall be admitted during regular daily
sessions to the Chamber of the House, viz: The Governor, Lieutenant
Governor and Cabinet Members, Justices of the Supreme Court, Members
of Congress, contestants in election cases during the pendency of their
cases in the House, such persons as have, by name, received the thanks of
the Legislature; former Governors, former Members of the Cabinet, and
former Members of the House and Senate who are not interested in any
claim or directly in any bill pending before the Legislature, and such
employees of the House as may be needed on public business, including
such committee staff as shall be designated by committee chairmen and
approved by the Speaker. Visiting dignitaries or official guests may be
granted the privilege of the floor upon motion adopted by a majority of the
House.
14.3-Attire
When the House is in session all persons in the House Chamber shall be
dressed in proper business attire, which in the case of male persons shall
include coats and ties.
14.4-Recognition of Guests
Persons privileged under Rule 14.2 hereof and school classes, but none
others, may be presented to the House, and these only by and at the
discretion of the Speaker. It shall be the duty of the Chairman of the
Committee on Rules & Calendar to call the attention of the Speaker to
infractions of this Rule.
14.5-Supervision of Chamber
Supervision of the Chamber and galleries shall be vested in the
Committee on Rules & Calendar, subject to the direction and control of the
Speaker. Provision shall be made for news personnel wishing to report
House proceedings. The Committee may promulgate regulations relating
to the distribution of materials in the Chamber.

Rule Fifteen

Construction and Waiver of Rules
15.1-Interpretation of Rules
The rules of parliamentary procedure as provided and interpreted in
Mason's Manual of Legislative Procedure shall govern this House in all
cases in which they are applicable and in which they are not in conflict with
the Rules and Precedents of this House. It shall be the duty of the Speaker,
or the presiding officer at the time, to interpret all Rules.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

15.2-Waiver and Suspension of Rules
These Rules shall not be waived or suspended except by a two-thirds
vote of all the Members present, which motion when made shall be decided
without debate, except that no motion to waive any Rule requiring
unanimous consent of the House shall be adopted except by unanimous
consent of those present.
15.3-Changes in Rules
All proposed actions touching the Rules and Order of Business in the
House shall be first referred to the Committee on Rules & Calendar, which
shall report as soon as practicable thereafter. Consideration of such a
report shall always be in order. No report of the Committee on Rules &
Calendar shall be received by the House unless same shows a quorum of
the committee present in person and a majority of those present agreeing
on said report.
15.4-Majority Action
Unless otherwise indicated by these Rules, all action by the House shall
be by majority vote of those Members present. In all cases where the House
shall be equally divided, the question shall be lost.
15.5-Uniform Construction
Whenever in these Rules reference is made to "two-thirds of those
present", "two-thirds vote", "two-thirds of the House", "two-thirds of those
voting", etc., these shall all be construed to mean two-thirds of those
Members present, except that two-thirds of its membership shall be
required to consider additional proposed legislation in any extended or
special session in accordance with Article III, Section 3 of the Constitution.
15.6-General
When used in these Rules, the following words shall, unless the text
otherwise indicates, have the following respective meaning:
(a) The singular always includes the plural.
(b) Whenever a word denotes a particular sex, it shall include both
sexes.
15.7-"Days" Defined
Wherever used in these Rules, a "legislative" day shall mean a day when
the House convenes and a quorum is present. All other references to "days"
mean "calendar" days.

Rule Sixteen

House Seal
16.1-Configuration
There shall be an official seal of the House of Representatives. The seal
shall be a circle, having in the center thereof, a view of the sun's rays over
a highland in the distance, a sabal palmetto palm tree, a steamboat on the
water, and a Native American female scattering flowers in the foreground,
encircled by the words "House of Representatives."
16.2-Use of the Seal
Unless a written exception is otherwise granted by the Speaker:
(a) Material carrying the official seal shall be used only by a Member,
officer, or employee of the House of Representatives or other persons
employed or retained by the House.
(b) The use, printing, publication, or manufacture of the seal, or items
or materials bearing the seal or a facsimile of the seal, shall be limited to
official business of the House or official legislative business and matters
properly within the scope of the responsibilities of the Member, officer, or
employee of the House.
(c) Any items or materials bearing the seal or a facsimile of the seal
which was in use or being displayed prior to November 20, 1990, shall not
be deemed a use outside official business or one's scope of responsibilities
as a Member, officer, or employee of the House.
16.3-Custodian
The Clerk shall be the custodian of the official seal.

Joint Rule

Rule One

Lobbying
1.1-Those Required to Register; Exemptions
Any person who appears before a Member, a committee, or staff of the
Legislature to express support for or opposition to any legislation must
register with the Joint Legislative Management Committee, unless that
person:

(1) Is a Member of the Legislature;
(2) Is employed by the Legislature and is authorized in writing to
appear;
(3) Appears solely in his individual capacity and so declares during that
appearance;
(4) Appears on behalf of an organization or business entity in which he
is an officer, partner, or member, or by which he is regularly employed, and
receives no salary or compensation for that appearance other than
reasonable and ordinary travel expenses, and so declares during that
appearance; or
(5) Appears as a witness or for the purpose of providing information at
the written request of the chairman of the committee, the subcommittee,
or legislative delegation.
1.2-Method of Registration; Periodic Reports Required
(1) Each person who is required to register under Joint Senate and
House Rule 1.1 must register on forms furnished by the Joint Legislative
Management Committee, on which he must state, under oath, his name
and business address, the name and business address of each principal he
represents, the areas of his legislative interest, and the extent of any direct
business association or partnership he has with any Member of the
Legislature. The Joint Legislative Management Committee or its designee
is authorized to acknowledge the oath of any person who registers in
person.
(2) In addition, each person who registers must submit semiannually
to the Joint Legislative Management Committee, on forms furnished by
the committee, a signed and certified statement listing all lobbying
expenditures and sources of funds for those expenditures. A statement
covering the period from January 1 through June 30 must be filed by July
15 of that year, and a statement covering the period from July 1 through
December 31 must be filed by January 15 of the succeeding year. These
statements should not include expenditures for the registrant's lodging,
meals, or travel. A statement must be filed for each reporting period even
if no expenditures have been made during that reporting period.
(3) The Joint Legislative Management Committee shall publish on the
first Monday of each regular session and weekly thereafter through the end
of that session a compilation of the names of persons who have registered
and the information contained in their registrations.
(4) The Joint Legislative Management Committee shall retain all
original documents submitted under this section.
1.3-Registration costs; Exemptions
(1) To cover the costs incurred in administering this joint policy, each
person who registers under Joint Senate and House Rule 1.1 must pay a
biennial registration fee to the Joint Legislative Management Committee.
These fees should be paid at the time of registration; provided, however,
those persons who have already registered with the House or Senate for the
current session shall pay their fees prior to March 4, 1991, to avoid
registering again. The following persons are exempt from paying the fee:
(a) Any person who receives no compensation for his appearances other
than reasonable reimbursement for his travel and meal expenses.
(b) Any governmental official elected in the State of Florida.
(c) Two employees of each state agency who are designated in writing
by the head of the agency.
Persons who are not required to register under Joint Senate and House
Rule 1.1, but who choose to do so, shall pay a processing fee of $10.00 per
house per biennium.
(2) The fee is $50 per each house for a person to register to represent
one principal and an additional $10 per house for each additional principal
that the person registers to represent. The fees collected by the Joint
Legislative Management Committee under this joint policy shall be
deposited in the State Treasury and credited to the appropriation for
legislative expenses specifically to cover the costs incurred in administering
this joint policy.
1.4-Questions regarding registration
Persons in doubt as to whether they are required to register may request
an opinion from the Speaker of the House or the President of the Senate.
1.5-Open Records
All the lobbyist registration and expenditure records shall be available
for public inspection, and for duplication at reasonable cost.

Standing Orders

Effective Dates of Measures
Your Committee on Rules & Calendar has examined the problem of
proper effective dates for general bills and the coordination of the same

64

February 2, 1993

JOURNAL OF THE HOUSI

with the Senate. The following are hereby proposed as established effective
dates:
1. For all bills affecting taxes, appropriations or the operation of state
agencies, that the effective date be July 1.
2. For all other general bills, the effective date will be October 1. The
reason for the October 1 effective date is to allow sufficient time to
circularize changes in general law to attorneys, governmental subdivisions
and offices, and the public in general.
3. In other respects, the effective date may vary from the above in order
to meet unique specific problems.
Upon acceptance of this report, this letter will be provided to all
committees with the request that committee staff see to it that bills
favorably reported by committees contain appropriate effective dates.
(Journal House of Representatives 1972, February 14, p.296)

Prime Sponsors and Sponsors
(Report of the Committee on Rules & Calendar)
Your Committee, upon discussion of sponsorship of Committee
Substitutes, feels that the Sponsor of a Committee Substitute is the
Committee. The introducer of the original bill, since it is laid upon the
table upon introduction of the Committee Substitute, has no right to move
for the withdrawal of the Substitute from further consideration.
Further, your Committee feels for the purpose of withdrawing bills from
further consideration, the first named Member shall be regarded as the
"Prime Sponsor" and the only Member empowered to move for the
withdrawal of a bill.
In moving for the withdrawal of a bill by floor motion, from further
consideration, the introducer should be required to identify the nature of
the bill so that the Members will not be taken by surprise.
(Journal House of Representatives 1976, April 22, p.382)

Distribution of Materials in Chamber
Meals in Chamber
Rule 14.6 [now 14.5] provides in part: "The supervision of the Chamber
and galleries shall be vested in the Committee on Rules & Calendar, subject
to the direction and control of the Speaker".
In accordance with this, your Committee on Rules & Calendar has
adopted the following policy in regard to material distributed to the
general membership through the Sergeant at Arms' office and pages.
1. All material prior to such distribution shall be approved by the
Committee on Rules & Calendar, acting through its chairman.

February 2, 1993

Pages and Messengers
for the week of
February 1-5

PAGES-Jordan Code, Tampa; Jaime Alexis Davis, Tallahassee; Nikketra Lawson, Tallahassee; Angela Denise McCaskill, Tallahassee;
Quinn Mitchell, Tallahassee; Anthony Copeland More, Tampa; Lacie Odom, Tallahassee; Andrew Palmer, Tallahassee; Heidi
Jennifer Robert, Miami; Michelle Rojas, Hialeah; Sharail Smith, Rochelle Pechter, Fort Lauderdale; Lisa Postle, Punta Gorda; Calvin
Cocoa; William Thornbrugh, Oviedo; Warren Weatherford, Jr., Lehigh B. Powell, Tallahassee; James Eric Rackley, Clewiston; Jason Rojas,
Acres. Miami; Madelyne Solomon, Tallahassee; Katherine Thompson,
MESSENGERS-Angie Broussard, Tallahassee; Ronnie Cave, Tallahassee; Vicki Verhine, Tallahassee; Carl Vossberg IV, Umatilla;
Tallahassee; Elizabeth Davis, Tallahassee; Jamie Fortune, Charlie Williams, Jr., West Palm Beach; Danita Williams, Clewiston;
Tallahassee; Aaron Green, Tallahassee; Tori Jefferson, Tallahassee; Freda Woods, Quincy.

E OF REPRESENTATIVES 65

2. The following official materials have heretofore been approved and
will continue to be approved: House and Senate bills, resolutions,
memorials and amendments thereto, official calendars and journals;
committee meeting notices; communications from the Speaker and Clerk
and official communications from the Senate; official staff reports of
standing or select committees or/of the majority or minority parties.
3. No meals will be allowed on the floor without waiver of policy by 2/3
vote. This shall not be construed to prevent serving of drinks such as juices,
coffee or tea, soft drinks, milk, etc.
4. No newspapers shall be distributed or otherwise permitted in the
House Chamber while the House is in session without waiver of policy by
2/3 vote. This shall not relate to personal use by an individual member of
a newspaper as resource or reference material for purposes of debate. This
report does not address itself to the transmittal of material from one
member to another on the floor of the House.
(Journal House of Representatives 1973, April 16, p.209)

Guidelines for Recognition Ceremonies
Your Committee on Rules & Calendar respectfully submits the following
guidelines for recognition ceremonies:
1. A ceremonial resolution should not be more than 250 words in
length.
2. All ceremonial resolutions should be styled as House Resolutions,
not as Concurrent Resolutions.
3. A recognition ceremony should not include artistic performances or
extended remarks by a member or other person involved in the ceremony.
Artistic performances may be presented in the rotunda when arranged in
coordination with the Sergeant at Arms.
It will be our policy hereafter to observe these guidelines for all
recognition ceremonies.
(Journal House of Representatives 1981, April 7, p.5)

Designation of Parliamentarian
The Speaker may designate a parliamentarian.
(Journal House of Representatives 1989, November 22, 1988, p.11)

Appropriations Committee Amendments
Amendments to bills before the Appropriations Committee shall be
limited to appropriations issues and matters properly connected therewith
and technical corrections.
(Journal House of Representatives 1989, November 22, 1988, p.11)

The Journal OF THE

House of Representatives

The House was called to order by the Speaker at 10:30 a.m.

Prayer
The following prayer was offered by the Reverend G. Vincent Lewis,
First Institutional Missionary Baptist Church of Tallahassee, upon
invitation of Rep. Dennis:
All wise and eternal God, we acknowledge Your sovereign authority over
both creation and creature. You are the only infinite ruler and sustainer
of life. Therefore, we pause to praise You for the privilege and promise of
this government, of the people, by the people and to the people.
Increase our desire for justice and inclusion for all of our citizens
regardless of race, sex, religion or national origin. Inspire us to build
bridges and not barriers. Inform us that our responsibility is one of
partnership and not ownership. And You, O God, are the general partner
before whom we must give an account at last. Remind us of our
responsibility to deliberate and implement programs that protect the
dreams of our children and the hopes of their parents.
Require us to be sensitive to the fact of co-regency in creation whereby
women ought be equal partners. Lord, keep this branch of state
government sensitive to the plight of those whose dreams, hopes and
aspirations are still hindered by prejudice and injustice. Lord, make us one
nation. Make us one state. Lord, make this House one house. In the name
of Jesus, the Christ, my Savior and Lord. Amen.
The following Members were recorded present:

The Chair Cosgrove
Abrams Couch
Albright Crady
Armesto-Garcia Crist
Arnall Davis
Arnold Dawson
Ascherl De Grandy
Bainter Dennis
Barreiro Edwards
Benson Eggelletion
Bitner Feeney
Bloom Feren
Boyd Fuller
Brennan Futch
Bronson Garcia
Brown Gay
Bullard Geller
Burke Glickman
Bush Goode
Casey Graber
Charles Greene
Chestnut Hafner
Clemons Hanson
Constantine Harris

Hawkes
Hawkins
Healey
Hill
Ireland
Jacobs
Jamerson
Johnson, Buddy
Jones
Kelly
Kerrigan
King
Klein
Laurent
Lawson
Lippman
Littlefield
Logan
Long
Mackenzie
Mackey
Manrique
Martinez
McAndrews

McClure
McMahan
Merchant
Miller
Minton
Mishkin
Mitchell
Morroni
Morse
Mortham
Ogles
Peeples
Posey
Pruitt
Rayson
Reddick
Ritchie
Roberts
Rojas
Rudd
Rush
Safley
Sanderson
Saunders, D.

Saunders, R.
Schultz
Sembler
Shepard
Simon
Sindler

Smith
Stabins
Stafford
Starks
Sublette
Tedder

Thomas
Thrasher
Tobin
Trammell
Upchurch
Villalobos

Wallace
Warner
Webster
Wise

Excused: Rep. Gordon, due to illness; Rep. Valdes, due to illness.
A quorum was present.

Pledge
The Members, led by Mr. Damon Didier, pledged allegiance to the Flag.
He served at the invitation of Rep. Martinez and attends Buchanan Junior
High School in Tampa.

House Physician
The Speaker introduced Dr. Daniel Roberts of Rockledge, who served in
the Clinic today upon invitation of Rep. Posey.

The Journal
The Journal of February 2 was corrected and approved as follows: On
page 18, column 1, strike lines 25 through 39 from the top, and insert: HB
227-Withdrawn

Report of the Committee on Rules & Calendar
Special and Continuing Order Calendar

The Honorable Bo Johnson
Speaker, House of Representatives

February 4, 1993

Sir:
Your Committee or. Rules & Calendar herewith submits as the Special
and Continuing Order Calendar under Rule 8.15 beginning Tuesday,
February 9, 1993, consideration of the following bills:
I. Consideration of the following concurrent resolution:
(Pending introduction)
HCR 1337-Joint Rules
II. Consideration of the following bills:
HB 265-Livestock Markets/Regulation/Sunset
(Pending report from Appropriations)
HB 267-Leaf Tobacco Sale/Regulation/Sunset
(Pending report from Appropriations)
CS/HB 53-Disposition of Dead Bodies
(Pending introduction)
HB 125-Antique Firearms
HB 269-Nongame Wildlife Council/Sundown
(Pending report from Appropriations)
HB 271-Panther Technical Council/Sundown
(Pending report from Appropriations)
HB 405-Elevators/Sunset
(Pending report from Appropriations)
66

Number 2

Tuesday, February 9, 1993

JOURNAL OF THE HOUSI

III. Consideration of the following reviser's bills:
(Pending introduction)
HB 1307-Florida Statutes/Reviser's Bill
HB 1309-Florida Statutes/Reviser's Bill
HB 1311-Florida Statutes/Reviser's Bill
HB 1313-Florida Statutes/Reviser's Bill
HB 1315-Florida Statutes/Reviser's Bill
HB 1317-Florida Statutes/Reviser's Bill
HB 1319-Florida Statutes/Reviser's Bill
HB 1321-Florida Statutes/Reviser's Bill
HB 1323-Florida Statutes/Reviser's Bill
HB 1325-Florida Statutes/Reviser's Bill
HB 1327-Florida Statutes/Reviser's Bill
HB 1329-Florida Statutes/Reviser's Bill
HB 1331-Florida Statutes/Reviser's Bill
HB 1333-Florida Statutes/Reviser's Bill
HB 1335-Florida Statutes/Adoption Act
A quorum of the Committee was present in person, and a majority of
those present agreed to the above Report.
Respectfully Submitted,
Peter R. Wallace, Chairman
On motion by Rep. Wallace, the above report was adopted.
On motion by Rep. Wallace, HRs 1795, 1797 and 1809 were allowed for
introduction later today.

Motions Relating to Committee References
On point of order under Rule 8.8, by Rep. Long, Chair, that they do not
affect appropriations, the following bills were removed from the
Committee on Appropriations: HBs 265,267,269,271 and 405, and the bills
were placed on the Calendar.
On motion by Rep. Edwards, agreed to by two-thirds vote, HR 489 was
withdrawn from further consideration of the House.
On motion by Rep. Jones, agreed to by two-thirds vote, HB 37 was
withdrawn from further consideration of the House.
On motion by Rep. Starks, agreed to by two-thirds vote, HB 663 was
withdrawn from further consideration of the House.
On motion by Rep. Pruitt, agreed to by two-thirds vote, HB 451 was
withdrawn from further consideration of the House.

Special and Continuing Orders

By the Committee on Rules & Calendar; Representative Wallace-
HCR 1337-A concurrent resolution providing for Joint Rules of the
Senate and of the House of Representatives relating to implementation of
Section 19(d) of Article III of the State Constitution.
Be It Resolved by the House of Representatives of the State of Florida, the
Senate Concurring:
Section 1. Joint Senate and House Rule 2.1 is created to read:
2.1-General Appropriations Bill; Review Period
(1) A general appropriations bill shall be subject to a 72-hour public
review period before a vote is taken on final passage in the house in which
the bill originates.
(2) A review period is not required prior to a vote being taken on final
passage of the same bill in the nonoriginating house, provided the bill is
not amended. If a bill is amended, the amendment being identical to a bill
previously furnished pursuant to this rule, another review period is not
required. If, however, a bill as amended is not identical to a bill previously
furnished pursuant to this rule, another 72-hour public review period shall
be provided before a vote is taken on final passage.
(3) If a bill is returned to the house in which the bill originated and the
originating house does not concur in all the amendments or adds additional
amendments, no further action shall be taken on the bill by the
nonoriginating house, and a conference committee shall be established by
operation of this rule to consider the bill.
(4) If a bill is referred to a conference committee by operation of this
rule, a 72-hour public review period shall be provided prior to a vote being
taken on the conference committee report by either house.

February 9, 1993

SOF REPRESENTATIVES 67

(5) A copy of the bill, a copy of the bill with amendments adopted by
the nonoriginating house, or the conference committee report shall be
furnished to each member of the Legislature, the Governor, the Chief
Justice of the Supreme Court, and each member of the Cabinet. Copies for
the Governor, Chief Justice, and members of the Cabinet shall be furnished
to the official's office in the Capitol or Supreme Court Building. A
member's copy shall be furnished to the member's desk in the appropriate
chamber. The Secretary of the Senate shall be responsible for furnishing
copies under this rule for Senate bills, House bills as amended by the
Senate, and conference committee reports on Senate bills. The Clerk of the
House shall be responsible for furnishing copies under this rule for House
bills, Senate bills as amended by the House, and conference committee
reports on House bills.
(6) The 72-hour public review period shall begin to run upon
completion of the furnishing of copies required to be provided herein. The
Speaker of the House or the President of the Senate, as appropriate, shall
be informed of the completion time and such time shall be announced on
the floor prior to vote on final passage in each house and shall be entered
in the journal of each house. Saturday, Sundays, and holidays shall be
included in the computation under this rule.
Section 2. Joint Senate and House Rule 2.2 is created to read:
2.2-General Appropriations Bill; Definition
For the purposes of Joint Rule 2, the term "general appropriations bill"
means a bill which provides for the salaries of public officers and other
current expenses of the state and contains no subject other than
appropriations. A bill which contains appropriations which are incidental
and necessary solely to implement a substantive law is not included within
this term.
-was read the first time by title. On motion by Rep. Wallace the rules
were waived and the concurrent resolution was read the second time by
title.
Representative Wallace offered the following amendment:
Amendment 1-On page 1, lines 20 and 23, strike "identical to"
Rep. Wallace moved the adoption of the amendment, which was
adopted.
On further motion by Rep. Wallace, the concurrent resolution was
adopted, as amended, and under the rule, immediately certified to the
Senate after engrossment.

HB 265-A bill to be entitled An act relating to livestock markets;
saving ss. 534.47-534.53, F.S., relating to the regulation of livestock
markets, from Sunset repeal; providing an effective date.
-was read the second time by title and, under Rule 8.19, referred to the
Engrossing Clerk.

HB 267-A bill to be entitled An act relating to the sale of leaf tobacco;
saving ch. 574, F.S., relating to the sale of leaf tobacco, from Sunset repeal;
providing an effective date.
-was read the second time by title and, under Rule 8.19, referred to the
Engrossing Clerk.

By the Committee on Health Care; Representative Smith-
CS/HB 53-A bill to be entitled An act relating to disposition of dead
bodies; amending s. 245.16, F.S.; providing exceptions to the application
of ch. 245, F.S., regulating the disposition of dead bodies or parts thereof;
providing an effective date.
-was read the first time by title. On motion by Rep. Smith, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

HB 125-A bill to be entitled An act relating to firearms; amending s.
790.001, F.S.; revising the "antique firearm" exception applicable to the
definition of "firearm"; providing that antique firearms are not included in
the meaning of "firearm" unless used in the commission of a crime;
providing an effective date.
-was read the second time by title and, under Rule 8.19, referred to the
Engrossing Clerk.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

HB 269-A bill to be entitled An act relating to the Nongame Wildlife
Advisory Council; saving s. 372.992, F.S., relating to said council, from
Sundown repeal; providing for future review and repeal; providing an
effective date.
-was read the second time by title.
Further consideration of HB 269 was temporarily deferred.

HB 271-A bill to be entitled An act relating to the Florida Panther
Technical Advisory Council; saving s. 372.673, F.S., relating to
establishment of the council, from Sundown repeal; providing for future
review and repeal; providing an effective date.
-was read the second time by title and, under Rule 8.19, referred to the
Engrossing Clerk.

HB 405-A bill to be entitled An act relating to elevators; amending s.
399.02, F.S.; clarifying provisions relating to the Elevator Safety Code;
amending s. 399.035, F.S.; clarifying language with respect to elevator
accessibility requirements for the physically handicapped; amending s.
399.045, F.S.; increasing the fee limit for application and renewal of
certificate of competency; clarifying provisions with respect to suspension
and revocation of certificate of competency; providing reexamination
requirements; providing a fee; amending s. 399.05, F.S.; increasing the fee
limit for a construction permit to install or relocate an elevator; providing
a fee limit for a construction permit to alter an elevator; providing a
reinspection fee; amending s. 399.07, F.S.; revising provisions with respect
to certificates of operation; saving chapter 399, F.S., from Sunset repeal;
providing for future review and repeal; providing an effective date.
-was read the second time by title and, under Rule 8.19, referred to the
Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1307-A reviser's bill to be entitled An act relating to the Florida
Statutes; amending s. 330.40, Florida Statutes, and repealing s. 796.01,
Florida Statutes, to conform to judicial decisions holding said provisions
or parts thereof unconstitutional.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1309-A reviser's bill to be entitled An act relating to the Florida
Statutes; repealing ss. 403.7083, 403.7227, 571.30, 629.50, 629.501, 629.502,
629.504, 629.506, 629.507, 629.508, 629.509, 629.511, 629.512, 629.513,
629.514, 629.516, 629.517, 629.518, and 629.519, Florida Statutes, and s.
468.1695(2), Florida Statutes (1992 Supplement), all of which provisions
have become inoperative by noncurrent repeal or expiration and, pursuant
to s. 11.242(5)(b) and (i), may be omitted from publication in the Florida
Statutes 1993 only through a reviser's bill duly enacted by the Legislature.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1311-A reviser's bill to be entitled An act relating to the Florida
Statutes; repealing ss. 154.067(2), 210.52, 212.0599(1), 212.67(1)(f), (g),
233.0576(3), 236.022, 316.614(7)(b), 336.044(3), 370.0605(2)(d), 373.457(2),
491.005(5), 641.48(2), and 946.508(2)(b), Florida Statutes, and ss.
24.105(11), 24.120(6), 212.63, 229.602(5), 232.246(2), 408.001(4),
420.6075(3), (4), 627.351(4)(j), 627.410(7)(f), and 877.04(4), Florida
Statutes (1992 Supplement), pursuant to s. 11.242, Florida Statutes;
deleting provisions which have become obsolete, have had their effect, have
served their purpose, or have been impliedly repealed or superseded.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1313-A reviser's bill to be entitled An act relating to the Florida
Statutes; amending ss. 475.001, 475.01(1)(e), (2), 475.011(6), 475.02(1),

475.045(2), (3), 475.17(1), (2), (3), (4), (5), 475.181(1), 475.182(1), 475.215,
475.23, 475.31(1), 475.37, 475.41, 475.42(1)(a), (b), (c), (d), (j), (m), (n),
475.43,475.451(6), 475.453, 475.455(1), 475.482(1), (2), (3), 475.483(2), and
475.484(1), (4), (7), Florida Statutes, pursuant to the directive in s. 10, ch.
91-89, Laws of Florida, to change the term "salesman" to "salesperson"
wherever that term appears in chapter 475, Florida Statutes.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1315-A reviser's bill to be entitled An act relating to the Florida
Statutes; amending ss. 106.24(7), 154.01(5), 240.241(8), 311.09(10),
393.001(7)(a), and 648.26(4)(b), Florida Statutes, and ss. 20.315(13),
122.35(3), 402.165(5)(d), and 455.203(3), Florida Statutes (1992
Supplement), pursuant to s. 41, ch. 91-109, Laws of Florida, to conform the
statutes to the changes made to the annual budget process by that act.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived and the bill was read the second time by title and, under Rule
8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1317-A reviser's bill to be entitled An act relating to the Florida
Statutes; amending s. 230.71(6)(a), Florida Statutes, pursuant to s. 11.242,
Florida Statutes; and to the directive in s. 9, ch. 91-115, Laws of Florida,
to conform to s. 1, ch. 91-115, which transferred all powers, duties, and
functions from the Pepper Commission on Aging to the Department of
Elderly Affairs.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived and the bill was read the second time by title and, under Rule
8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1319-A reviser's bill to be entitled An act relating to the Florida
Statutes; amending ss. 384.25(4), 392.53(4), and 403.860(6), Florida
Statutes, and s. 381.004(3)(i), Florida Statutes (1992 Supplement),
pursuant to s. 11.242, Florida Statutes; replacing incorrect cross-references
pursuant to the directive in s. 63, ch. 91-297, Laws of Florida.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived and the bill was read the second time by title and, under Rule
8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1321-A reviser's bill to be entitled An act relating to the Florida
Statutes; repealing ss. 374.011, 374.021, 374.031, 374.041, 374.051, 374.061,
374.071, 374.081, 374.091, 374.101, 374.111, 374.122, 374.132, 374.141,
374.151, 374.161, 374.171, 374.181, 374.301, 374.311, 374.321, 374.331,
374.341, 374.351, 374.361, 374.371, 374.391, 374.401, 374.411, 374.421,
374.431, 374.441, 374.451, 374.461, 374.471, 374.481, 374.491, 374.501,
374.511, and 374.521, Florida Statutes, all of which provisions have become
inoperative by noncurrent repeal and, pursuant to s. 11.242(5)(b) and (i),
may be omitted from publication in the Florida Statutes 1993 only through
a reviser's bill duly enacted by the Legislature.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1323-A reviser's bill to be entitled An act relating to the Florida
Statutes; repealing ss. 10.101, 10.102, 10.103, 10.104, and 10.105, Florida
Statutes, pursuant to s. 11.242, Florida Statutes; deleting provisions
providing for apportionment of the Florida Legislature which have been
superseded.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

68

February 9, 1993

JOURNAL OF THE HOUSI

By the Committee on Rules & Calendar; Representative Crady-
HB 1325-A reviser's bill to be entitled An act relating to the Florida
Statutes; amending ss. 458.324(1), (2)(a), and 459.0125(1) and (2)(a),
Florida Statutes, and ss. 381.0072(3)(a), 385.103(2)(d), 393.066(3),
393.068(4), 394.75(11)(b), and 408.033(2), Florida Statutes (1992
Supplement), pursuant to the directive in s. 59, ch. 92-58, Laws of Florida;
conforming the Florida Statutes to the changes made by ch. 92-58, in order
to properly implement the legislative intent expressed therein.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1327-A reviser's bill to be entitled An act relating to the Florida
Statutes; amending ss. 28.2401(1)(i), 110.119, 113.01, 196.091(1), (2),
196.24, 295.01(1)(b), 295.0195(1), 295.08, 295.16, 295.17(1)(a), 320.084(1),
(2), 320.0848(1)(a), 322.21(7), 338.155(3), 370.0605(4), 372.561(5)(b),
372.57(6)(b), 394.4672, 400.404(2)(e), 402.33(1)(a), 461.002(3), 466.002(3),
501.1375(12), 518.01, 518.06, 518.07(1), 518.09, 518.10, 520.08(5),
626.785(1)(c), 626.788, 626.831(1)(c), 626.833, 687.03(2)(a), 687.14(4),
716.02(5), 744.421, 744.602(2), 744.604, 744.607, 744.609, 744.613, 744.616,
744.617(1), 744.622, 744.624, 744.625(1), (4), 744.626, 744.634(1), (2), (5),
744.637, 744.638, 744.641, 744.643, 744.646, 744.652, and 916.107(8)(a),
Florida Statutes, and ss. 39.058(4)(i), 39.0582(4)(i), 61.046(4), 110.2135(1),
196.012(11), 196.081(1), (2), 196.101(3), (4), (5), 215.47(2)(b), 394.455(2),
(9), and 766.314(4)(b), Florida Statutes (1992 Supplement), conforming to
the redesignation of the United States Veterans' Administration and the
Administrator of Veterans' Affairs as the United States Department of
Veterans Affairs and the Secretary of Veterans Affairs, respectively, by ss.
2, 10, Pub. L. No. 100-527.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1329-A reviser's bill to be entitled An act relating to the Florida
Statutes; amending s. 790.25(3)(a), Florida Statutes, and s. 251.17, Florida
Statutes (1992 Supplement); conforming to s. 8, ch. 92-86, Laws of Florida,
which changed the name of the Florida State Guard to the Florida State
Defense Force.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1331-A reviser's bill to be entitled An act relating to the Florida
Statutes; amending ss. 570.15(1), (3), and 570.21(1), Florida Statutes, and
ss. 534.081(1) and 573.118(1), Florida Statutes (1992 Supplement),
pursuant to s. 11.242, Florida Statutes, and to the directive in s. 101, ch.
92-291, Laws of Florida, to make the necessary name changes of the
divisions of the Department of Agriculture and Consumer Services, and to
conform to the redesignation of roadguard inspection special officers as
agricultural law enforcement officers.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

By the Committee on Rules & Calendar; Representative Crady-
HB 1333-A reviser's bill to be entitled An act relating to the Florida
Statutes; repealing ss. 8.001, 8.01, 8.011, 8.03, and 8.061, Florida Statutes,
pursuant to s. 11.242, Florida Statutes; deleting provisions providing for
apportionment of congressional districts within the State of Florida which
have been superseded.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived, by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

February 9, 1993

E OF REPRESENTATIVES 69

By the Committee on Rules & Calendar; Representative Crady-
HB 1335-A bill to be entitled An act relating to the official Florida
Statutes; amending ss. 11.2421, 11.2422, 11.2424, and 11.2425, Florida
Statutes; adopting the Florida Statutes 1993 and designating the portions
thereof that are to constitute the official law of the state; providing that
the Florida Statutes 1993 shall be effective immediately upon publication;
providing that general laws enacted during the 1991 regular and special
legislative sessions up to and including the special session of June 6, 1991,
and prior thereto and not included in the Florida Statutes 1993 are
repealed; providing that general laws enacted during the December 1991
special session, the 1992 regular and special sessions, and the 1993 regular
session are not repealed by this adoption act.
-was read the first time by title. On motion by Rep. Crady, the rules
were waived by the required two-thirds vote and the bill was read the
second time by title and, under Rule 8.19, referred to the Engrossing Clerk.

HB 269-A bill to be entitled An act relating to the Nongame Wildlife
Advisory Council; saving s. 372.992, F.S., relating to said council, from
Sundown repeal; providing for future review and repeal; providing an
effective date.
-was taken up, having been read the second time earlier today.
On motion by Rep. Harris, under Rule 11.1, the following late-filed
amendment was considered.
Representative Harris offered the following amendment:
Amendment 1-On page 1, lines 10-16, strike all of said lines and
insert:
Section 1. Subsection (1) of section 372.992, Florida Statutes, is
amended to read:
372.992 Nongame Wildlife Advisory Council.-
(1) There is created the Nongame Wildlife Advisory Council, which
shall consist of the following thirteen nine members appointed by the
Governor: one representative each from the Game and Fresh Water Fish
Commission, the Department of Natural Resources, and the United States
Fish and Wildlife Services; the director of the Florida Museum of Natural
History or his designee; one representative from a professional wildlife
organization; one representative from a private wildlife institution; one
representative from a Florida university or college who has expertise in
nongame biology; one representative from a business interest; one
representative from a private consulting firm who has expertise in
nongame biology; one representative from the Florida Farm Bureau; one
representative of the Florida Forestry Association; and two members from
conservation organizations. As soon as practicable after July 1, 1983, four
members shall be appointed for terms ending August 1, 1985; and,
thereafter, all appointments shall be for 4-year terms. Members shall be
eligible for reappointment.
Section 2. Notwithstanding the provisions of the Sundown Act or of
any other provision of law which provides for review and repeal in
accordance with s. 11.611, Florida Statutes, section 372.992, Florida
Statutes, shall not stand repealed on October 1, 1993, and shall continue
in full force and effect as amended by this act.
Section 3. Section 372.992, Florida Statutes, as amended by this act,
is (renumber subsequent section)
and the title is amended as follows:
On page 1, line 3, after the semicolon insert: amending s. 372.992, F.S.;
increasing membership on the Nongame Wildlife Advisory Council;
Rep. Harris moved the adoption of the amendment.
Further consideration of the amendment was temporarily deferred.
Further consideration of HB 269, with pending amendment, was
temporarily deferred.

Resolutions and Memorials

HR 155-A resolution commemorating the 60th anniversary of the
opening of the First National Bank of Homestead.
WHEREAS, the First National Bank of Homestead was chartered by the
Comptroller of the Currency in October of 1932 and opened its doors to the
public on November 1 of that year, and

JOURNAL OF THE HOUSE OF REPRESENTATIVES

WHEREAS, the bank was immediately welcomed by the people of South
Dade and just 5 weeks after its establishment the First National Bank of
Homestead was selected as the depository for City of Homestead funds,
and
WHEREAS, the bank has been an active corporate member of the
community since its founding and has continuously served the community
with a sense of pride and duty which is evident in the ability of the present
staff to deliver state-of-the-art financial services in a highly professional
manner, and
WHEREAS, the leadership of the bank has always striven to measure
both the credit and depository needs of the community and then to
establish loan and deposit programs to satisfy those needs, and
WHEREAS, the history of the Homestead area reflects the many years
of service of the bank which has been instrumental in assisting the
community, friends, and neighbors to grow and prosper, NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That the House of Representatives of the State of Florida joins the
citizens of South Dade in commemorating the 60th anniversary of the
founding of the First National Bank of Homestead and wishes the bank
and the community continued growth and prosperity.
-was read the second time by title. On motion by Rep. Cosgrove, the
resolution was adopted.

HR 391-A resolution commending the 82nd Airborne Division for
participating in the Hurricane Andrew Relief Operation.
WHEREAS, four days after Hurricane Andrew devastated the South
Miami area, President Bush activated the military, whereupon the United
States Armed Forces deployed to Miami and worked under the auspices
of Military Assistance to Civil Authorities (MACA) Plans and in
conjunction with the Federal Response Plan, in a joint military exercise
called the "Joint Task Force Andrew," and
WHEREAS, the 82nd Airborne Division, a subordinate unit of XVIII
Airborne Corps, sent 2,700 paratroopers known as "Task Force All-
American" to establish points for food distribution, water purification,
shelter, and medical assistance, and
WHEREAS, while engineer units cleared roads and runways, built Life
Support Centers, and repaired roads, and medical units rendered medical
assistance, the soldiers of the 82nd, using initiative, ingenuity, flexibility,
and a positive attitude, went door-to-door to assist residents with recovery
from the devastating effects of the storm, and
WHEREAS, "Task Force All-American" was composed of the 2nd and
4th Battalions, 325th Airborne Infantry Regiment; 2nd Battalion, 504th
Parachute Infantry Regiment; 2nd Battalion, 319th Airborne Field
Artillery Regiment; and elements of the 307th Engineer Battalion; 3rd
Battalion, 73rd Armor Regiment; 82nd Aviation Brigade; 82nd Military
Police Company; and 82nd's Division Support Command, and
WHEREAS, it is fitting and appropriate that the Florida House of
Representatives commend the soldiers of the 82nd Airborne Division as
"Task Force All-American" for the accomplishment of providing invaluable
assistance for over a month to the residents of the South Miami area,
NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That the Florida House of Representatives hereby commends the 82nd
Airborne Division as "Task Force All-American" for participating in the
Hurricane Andrew Relief Operation by assisting residents with recovery
from the devastating effects of the storm.

August 30, 1992, to assist in the Hurricane Andrew Relief Operation,
named Joint Task Force Andrew, and Army units were divided into two
primary task forces, Task Force All-American and Task Force Mountain,
and
WHEREAS, in late September, Major General Steven L. Arnold,
Commander of the 10th Mountain Division (Light Infantry) and Task
Force Mountain, assumed control of the entire Army Forces sector as Task
Force All-American began redeployment back to Fort Bragg, North
Carolina, to reestablish the Crisis Response Force, and
WHEREAS, Task Force Mountain continued the Army's mission with
the responsibility to maintain the relief effort and reestablish public
services, as well as to oversee the redeployment of attached Army units,
and
WHEREAS, Task Force Mountain was composed of approximately
5,000 soldiers from the 10th Mountain Division (Light Infantry) at Fort
Drum, New York, as well as elements of Army units at Fort Stewart,
Georgia, Fort Campbell, Kentucky, and others; and units of the 10th
Mountain Division (Light Infantry) and Fort Drum include the 1st
Infantry Brigade, 2nd Infantry Brigade, Division Artillery, Aviation
Brigade, Division Support Command (10th Forward Support Battalion,
210th Forward Support Battalion, 46th Forward Support Battalion, 710th
Maintenance Support Battalion), 548th Service and Supply Battalion, 41st
Engineer Battalion, 3-62 Air Defense Artillery, 110th Military Intelligence
Battalion, 10th Military Police Company, and the 27th Public Affairs
Team, and
WHEREAS, Task Force Mountain provided assistance in all aspects of
the relief effort to Hurricane Andrew victims to include food distribution,
school repairs, debris removal, construction material distribution, and the
construction and manning of life support centers, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That the House of Representatives hereby commends the men and
women of the 10th Mountain Division (Light Infantry) for their efforts on
behalf of the victims of Hurricane Andrew.
BE IT FURTHER RESOLVED that a copy of this resolution be
presented to the 10th Mountain Division (Light Infantry) as a tangible
token of the sentiments expressed herein.
-was read the first time by title and the second time by title. On motion
by Rep. Cosgrove, the resolution was adopted.

By Representative Feeney-
HR 1795-A resolution declaring February 13, 1993, as Associated
Builders and Contractors Day.
WHEREAS, Associated Builders and Contractors of Central Florida was
founded in the State of Florida in 1973, and
WHEREAS, Associated Builders and Contractors promotes the merit
shop philosophy through free enterprise and open competition, and
WHEREAS, Associated Builders and Contractors supports equal
opportunity for all individuals in construction regardless of race, national
origin, or gender, and
WHEREAS, Associated Builders and Contractors has established a
reputation as the leader in the training of construction manpower and
apprenticeship training, and
WHEREAS, Associated Builders and Contractors promotes and
encourages construction safety through programs and services, and
WHEREAS, Associated Builders and Contractors actively represents
the interests of merit shop construction to state government, and

WHEREAS, Associated Builders and Contractors is a volunteer
-was read the second time by title. On motion by Rep. Cosgrove, the WHEREAS, Associated Builders and Contractors is a volunteer
resolution was adopted. organization, and

By Representatives Cosgrove, Bullard, Simon and R. Saunders-
HR 1809-A resolution commending the 10th Mountain Division
(Light Infantry) for their action in support of the Hurricane Andrew Relief
Operation.
WHEREAS, the 10th Mountain Division (Light Infantry), a subordinate
unit of XVIII Airborne Corps, began deployment to southern Florida on

WHEREAS, Associated Builders and Contractors encourages a spirit of
fair business practices between general contractors, subcontractors,
material supplier., and professional associates, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That the House of Representatives hereby declares Saturday, February
13, 1993, as Associated Builders and Contractors Day in recognition of the
fine work done by Associated Builders and Contractors of Central Florida.

70

February 9, 1993

JOURNAL OF THE HOUSI

-was read the first time by title and the second time by title. On motion
by Rep. Feeney, the resolution was adopted.

By Representatives Bullard, Schultz, Chestnut, Dawson, Logan, Miller,
Burke, Lawson, Eggelletion, Bush and Dennis-
HR 1797-A resolution honoring Ms. Rupert Florence Richardson.
WHEREAS, Rupert Florence Richardson, president of the National
Association for the Advancement of Colored People, has dedicated most
of her life to the service of others, and
WHEREAS, the work of Ms. Richardson as a consultant for the National
Institute of Drug Abuse helped women and African Americans overcome
the many problems associated with drug abuse, and her consultation for
the institute's HIV/AIDS Program has helped many people deal with the
pain and anguish associated with both conditions, and
WHEREAS, as a member of the Louisiana Advisory Committee for the
United States Commission on Civil Rights, she has been of tremendous
value to all persons regardless of color or creed, and
WHEREAS, her work as a member of the NAACP National Housing
Corporation has been instrumental in helping many people who otherwise
could not afford decent housing, and
WHEREAS, these achievements and her work as a commissioner on the
Louisiana Commission on Human Rights have prepared Ms. Rupert
Florence Richardson for the presidency of the NAACP, NOW,
THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That Ms. Rupert Florence Richardson be commended for her lifetime of
service to the people of the United States.
-was read the first time by title. On motions by Rep. Bullard, the rules
were waived and the resolution was read the second time in full and
adopted.

Motions Relating to Committee References
On motion by Rep. Cosgrove, agreed to by two-thirds vote, HR 493 was
withdrawn from further consideration of the House.

Motion to Recess
Rep. Wallace 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., Thursday, February 11. The motion was agreed
to.

Prime Sponsors
HB 5-De Grandy
HB 87-Kerrigan
HB 329-Feren
HB 669-De Grandy

Co-sponsors
HB 7-Constantine
HB 9-SF-Sanderson
HB 21-Barreiro, Constantine, Greene, Harris, McClure, Safley,
Stafford
HB 25-Sanderson
HB 41-Warner
HB 59-Albright, Bullard, Casey, Greene
HB 63-Armesto-Garcia, Bainter, Benson, Bitner, Casey, De Grandy,
Hanson, Kerrigan, King, Posey, Stabins, Villalobos
HB 65-Arnall
HB 83-Sanderson
HB 87-Casey, Futch, Posey, Sublette
HB 89-Kelly, Sublette, Warner
HB 101-Crist, Garcia, King, Mackey, Merchant, Mitchell, Rudd
HB 103-Boyd, Bronson, Jones, Sembler
HB 105-Edwards, Shepard
HB 185-Jacobs, Klein, Rayson, Schultz
HR 205-Warner
HB 209-Albright, Brennan, Casey, Eggelletion, Logan

February 9, 1993

E OF REPRESENTATIVES 71

HB 221-Casey
HB 225-Bainter
HB 283-Upchurch
HB 287-Armesto-Garcia, Bush, Charles, Feeney, Geller, Rayson,
Schultz
HJR 293-Bullard, Burke, Chestnut, Dawson, Dennis, Eggelletion,
Greene, Hill, Logan, Reddick
HB 301-Jacobs
HB 329-Benson, Kerrigan, Merchant, Villalobos
HR 391-Bullard, R. Saunders, Simon
HB 397-Warner
HB 411-Reddick
HB 413-Chestnut
HB 429-Miller
HB 431-Casey
HB 455-Futch
HB 497-Bronson, Couch, Hawkes, Kerrigan, Long, Mitchell
HB 499-Brennan
HB 529-Bainter, Garcia, Hawkes, Morse
HB 557-Dennis, Lawson, Smith, Wise
HB 561-Armesto-Garcia
HB 587-Arnall, Benson, Bitner, Bloom, Brennan, Bullard, Burke,
Bush, Dawson, Dennis, Eggelletion, Glickman, Hill, Jacobs, Jamerson,
Kelly, Lippman, Logan, Mackenzie, Mackey, McAndrews, Miller,
Mishkin, Pruitt, Reddick, Sanderson, Schultz, Sindler, Trammell,
Wallace
HB 593-Wise
HB 649-Jacobs
HB 659-Morroni

Withdrawal as Co-sponsors
HB 587-Bullard

Introduction and Reference

By Representative Mishkin-
HB 671-A bill to be entitled An act relating to pharmaceuticals;
creating a study commission to examine the need for containing
prescription drug prices and the feasibility of establishing a state
pharmaceutical products price review board; providing for membership;
providing for organization and administration; providing per diem and
travel expenses for members; requiring meetings and public hearings;
providing for expert testimony; requiring a report; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Mishkin-
HB 673-A bill to be entitled An act relating to patient records;
amending ss. 395.3025 and 455.241, F.S.; providing additional
circumstances under which a hospital, ambulatory surgical center, or
health care practitioner must furnish patient records without charge;
specifying a time period within which records must be furnished; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representatives Minton and Bronson-
HB 675-A bill to be entitled An act relating to operating or moving
motor vehicles upon the highways; amending s. 316.550, F.S., pertaining to
special permits to operate or move vehicles not in conformity with weight
limits or other requirements; authorizing the Department of
Transportation or a local highway authority, with respect to highways
under its jurisdiction, to issue a special permit for a vehicle transporting
citrus products for export which allows the combined weight of the sealed,
containerized cargo unit to exceed certain weight limits; providing for fees;
clarifying existing provisions pertaining to special permits; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Referred to the Committee(s) on Transportation and Appropriations.

By Representative Albright-
HB 677-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Stafford-
HB 679-A bill to be entitled An act relating to telemarketing;
amending s. 501.604, F.S.; clarifying exemption for persons who do not
complete a sale during a telephone solicitation; deleting exemption for
persons selling periodicals of general circulation and magazines; correcting
a reference; repealing s. 501.604(7), F.S.; removing exemption for book,
video, and record clubs; amending s. 501.608, F.S.; requiring letter of
exemption; requiring display of letter of exemption; requiring exhibition
of certain documents before receiving or renewing occupational license;
creating s. 205.1969, F.S.; providing requirements for certain occupational
licenses; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture & Consumer Services and
Appropriations.

By Representative Bloom-
HB 681-A bill to be entitled An act relating to patient self-referral;
amending s. 455.236, F.S.; revising language with respect to legislative
intent concerning the Patient Self-Referral Act of 1992; providing
definitions; revising language with respect to prohibited referrals;
amending section 15 of chapter 92-178, Laws of Florida, revising dates for
the application of the act; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representatives Logan, Burke, Chestnut, Lawson, Reddick, Bush,
Hill, Dawson, Dennis, Greene, Eggelletion, Jamerson and Miller-
HB 683-A bill to be entitled An act relating to African-American
affairs; creating s. 14.27, F.S.; establishing the Florida Commission on
African-American Affairs; providing for membership, terms, and
organization; providing duties, including an ongoing study and an annual
report; authorizing the commission to receive funds and other assistance;
providing for review and repeal; providing an appropriation; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representatives Hawkes, Buddy Johnson, Sembler, Bronson,
Thomas, Kerrigan, Thrasher, Ogles and Feeney-
HB 685-A bill to be entitled An act relating to alcoholic beverage
taxes; repealing s. 561.501, F.S., which imposes a surcharge on alcoholic
beverages sold for consumption on the premises; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Regulated Industries, Finance &
Taxation and Appropriations.

By Representative Upchurch-
HB 687-A bill to be entitled An act relating to child safety; amending
s. 316.613, F.S.; authorizing certain persons who violate the child restraint
requirements law to elect to attend a child restraint offenders class in lieu
of a fine and motor vehicle license point assessment; providing a fee;
providing for the withholding of adjudication upon successful completion
of the class; amending ss. 318.18 and 322.27, F.S.; to conform; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

By Representative McMahan-
HB 689-A bill to be entitled An act relating to construction lien
notices; amending ss. 713.06 and 713.135, F.S.; providing that the
Department of Professional Regulation is responsible for certain
Construction Lien Law information; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture & Consumer Services and
Appropriations.

By Representative Ogles-
HB 691-A bill to be entitled An act relating to motor vehicle license
plates; providing for the issuance of Florida arts license plates; providing
for fees and for the deposit and use of such fees; providing for
deauthorization based on sales; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

By Representative Chestnut-
HB 693-A bill to be entitled An act relating to victims' services;
amending s. 960.003, F.S.; requiring that counseling services be afforded
out of federal, state, or local government funds at no cost as a victim service
to those who undergo HIV testing, and reenacting ss. 381.004(3)(i)6. and
951.27(2), F.S., relating to HIV testing and blood tests of inmates, to
incorporate said amendment in references thereto; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Dennis-
HB 695-A bill to be entitled An act relating to premium finance
companies; amending s. 627.848, F.S.; specifying certain proof of notice of
intent to cancel or request for cancellation of certain contracts; providing
for awarding attorney's fees under certain circumstances; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representative Posey-
HB 697-A bill to be entitled An act relating to small and minority
business enterprise programs; amending s. 287.042, F.S.; limiting spending
goals for expenditures on commodities for certain minorities; providing an
effective date.

72

February 9, 1993

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Tourism & Economic Development and
Appropriations.

By Representative Thomas-
HB 699-A bill to be entitled An act relating to child custody;
amending s. 61.13, F.S.; providing that in certain cases where the child is
actually residing with a grandparent, the court shall recognize such a
grandparent-child family as a family for the purpose of court-ordered child
custody placement; providing that such grandparents shall have the same
standing as parents in the eyes of the court for evaluating what custody
arrangements are in the best interest of the child; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Graber-
HB 701-SF-A bill to be entitled A proposal relating to the health care
delivery system.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Graber-
HB 703-SF-A bill to be entitled A proposal relating to health care.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Thomas-
HB 705-A bill to be entitled An act relating to juvenile offenders;
amending s. 39.044, F.S., relating to detention criteria; authorizing
incarceration in county jail of juvenile offenders ordered held for criminal
contempt of court when no secure juvenile facility is available; requiring
judges to exercise other means of control prior to finding a child in
contempt; reenacting ss. 39.01, 39.037(1), 39.038(2) and (4), 39.042(3)(b)1.,
39.0445, 39.049(5), and 39.402(4), F.S., relating to definitions, taking a
child into custody, release from custody, use of detention, juvenile
domestic violence offenders, process and service, and placement in a
shelter, to incorporate the amendment to s. 39.044, F.S., in references
thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representatives Logan, Dawson, Lawson and Jacobs-
HB 707-A bill to be entitled An act relating to child support
enforcement; amending s. 48.031, F.S.; requiring employers and
educational institutions to allow access for service of process; amending s.
61.13, F.S.; providing for reimbursement to the obligee by the obligor for
provision of health insurance by the obligee; creating s. 231.097, F.S.;
providing for the suspension or denial of teaching certificates for child
support arrearages; providing procedures; requiring notice; limiting
liability; creating s. 409.2598, F.S.; providing for the suspension or denial
of professional licenses or certifications for child support arrearages;
providing procedures; requiring notice; amending s. 455.203, F.S.;
providing for the suspension or denial of professional licenses for child
support arrearages; providing procedures; requiring notice; limiting
liability; amending s. 559.79, F.S.; providing for the suspension or denial
of licenses for child support arrearages; providing procedures; requiring
notice; limiting liability; creating s. 322.058, F.S.; providing for the
suspension of driver licenses or vehicle registration for child support
arrearages; providing for notice; limiting liability; amending s. 409.2575,
F.S.; providing for liens for child support arrearages; creating s. 409.2592,
F.S.; providing for the use of a collection agency for child support
obligations; repealing s. 90.502(5), F.S., relating to certain communications
deemed confidential; amending s. 409.2564, F.S.; deleting the attorney-
client relationship provision; requesting the Florida Supreme Court to
adopt an amendment to the rules regulating The Florida Bar to discipline
attorneys who are delinquent or fail to pay child support; providing an
effective date.

73

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Thomas-
HB 709-A bill to be entitled An act relating to hazardous waste;
repealing s. 403.7225(5), (15), F.S.; repealing the prohibition against a
county amending its comprehensive plan or rezoning property to prevent
areas from being designated for storing hazardous waste; repealing the
prohibition against local laws, ordinances, or rules regulating hazardous
waste which are more stringent than certain rules of the Department of
Environmental Regulation; amending ss. 403.7226, 403.7234, F.S.;
conforming cross-references to subdivisions of s. 403.7225, F.S.; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Jacobs-
HB 711-A bill to be entitled An act relating to family day care homes;
amending s. 402.313, F.S.; providing for licensing exclusively by the
Department of Health and Rehabilitative Services; amending s. 402.319,
F.S.; providing penalties for operating or attempting to operate such a
home without a state license; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Arnold-
HB 713-A bill to be entitled An act relating to human
immunodeficiency virus; amending s. 381.004, F.S.; requiring written
informed consent to testing; requiring that informed consent be obtained
from the legal guardian of a minor under age 16; requiring notification of
positive test results to a minor's parent or legal guardian; amending s.
384.25, F.S.; revising circumstances under which the Department of Health
and Rehabilitative Services may require subject identification in certain
physician reports; amending s. 960.003, F.S.; correcting a cross reference;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Thomas-
HB 715-A bill to be entitled An act relating to aquatic preserves;
creating s. 258.3928, F.S.; creating the Point of Rocks Aquatic Preserve;
designating lands included in the preserve; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Thomas-
HB 717-A bill to be entitled An act relating to immunity from civil
liability; amending s. 768.13, F.S.; adding declared states of emergency to
the circumstances under which the good faith gratuitous rendering of
emergency care or treatment is provided certain immunity from civil
liability, and reenacting s. 401.265(3), F.S., relating to medical directors,
to incorporate said amendment in a reference thereto; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Wallace, Mortham, Mackenzie and Stafford-
HB 719-A bill to be entitled An act relating to community care for
disabled adults; transferring the responsibility for administering "The
Community Care for Disabled Adults Act" from the Department of Health
and Rehabilitative Services to the Department of Elderly Affairs;
amending ss. 410.602, 410.603, F.S.; conforming references and definitions;
amending s. 410.604, F.S.; providing for adopting a schedule of fees for
services provided to certain disabled adults; providing duties of the
department; amending s. 430.03, F.S.; amending purposes of the
Department of Elderly Affairs, to conform to the transfer of duties;

February 9, 1993

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

creating the Bureau of Adult Services in the Division of Programs of the
department; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Littlefield-
HB 721-A bill to be entitled An act relating to ad valorem taxes;
amending s. 196.031, F.S.; providing for allocating homestead tax
exemption on real property subject to a dissolution of marriage preceding;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.
By Representative Littlefield-
HB 723-A bill to be entitled An act relating to state uniform traffic
control; amending s. 316.2397, F.S.; authorizing road or street maintenance
vehicles and equipment to display flashing red lights to the rear when in
operation or when a hazard exists; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representative Littlefield-
HB 725-A bill to be entitled An act relating to condominiums;
amending s. 718.111, F.S.; providing for a fine with respect to association
directors who vote in the majority to support an action which violates the
articles of condominium of the association; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Armesto-Garcia-
HB 727-A bill to be entitled An act relating to the Supreme Court;
requesting the Florida Supreme Court to adopt an amendment to the rules
regulating The Florida Bar requiring that admission decisions be made
public; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Chestnut, Logan, Brennan, Mackey, Eggelletion and
Pruitt-
HB 729-A bill to be entitled An act relating to discretionary sales
surtaxes; amending s. 212.054, F.S.; revising provisions which specify
requirements for the administration and collection of such surtaxes;
providing for application to the sale of services; providing that the
exemption for sales amounts above $5,000 does not apply to the sale of a
service; revising the conditions under which a transaction is deemed to
occur in a county imposing the surtax; providing for distribution of funds
resulting from surtaxes collected by a dealer located in a county that does
not impose a surtax who collects surtax on sales or services delivered
outside the county; specifying consequences if a county does not provide
timely information to the Department of Revenue; amending s. 212.055,
F.S.; removing the limitations on the length of time the local government
infrastructure surtax may be levied and the period during which a
referendum levying the surtax may be held; providing effective dates.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representative Arnold-
HB 731-A bill to be entitled An act relating to juvenile justice;
amending s. 39.042, F.S.; expanding the use and purpose of detention and
modifying the requirements of the risk assessment instrument; authorizing
substance abuse or mental health treatment during secure detention where
indicated; amending s. 39.043, F.S.; revising prohibitions on the use of
detention to punish, treat, or rehabilitate the child; amending s. 39.044,

F.S.; expanding circumstances warranting continued detention; providing
criteria for good cause to extend or terminate detention; reenacting s.
39.01(17), F.S., relating to definitions, to incorporate the amendments to
ss. 39.042 and 39.044, F.S., in references thereto; reenacting s. 39.052(1)(a),
F.S., to incorporate the amendment to s. 39.044, F.S., in a reference thereto;
amending ss. 39.002 and 39.074, F.S.; requiring interagency cooperation in
the siting of facilities; creating s. 39.0615, F.S.; providing criminal penalties
for committing battery on detention or commitment facility staff;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Long-
HB 733-A bill to be entitled An act relating to elections; amending s.
97.065, F.S.; authorizing supervisors of elections and deputy supervisors of
elections to administer and attest to oaths for the purposes of the election
code; amending s. 97.091, F.S.; authorizing change of address on voter
registration records by petition; 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 registration outside the county of residence;
amending s. 98.081, F.S.; revising registration update procedures;
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 candidate
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 ss. 101.29,
101.292, 101.293, 101.294, 101.295, 101.32, 101.33, 101.5604, and 101.5605,
F.S.; authorizing supervisors of elections to purchase and sell voting
equipment; prohibiting supervisors of elections from knowingly purchasing
or selling voting equipment in violation of provisions of law regulating such
purchases and sales; providing penalties; amending ss. 101.572 and 119.07,
F.S.; requiring that all candidates who are involved in a race be informed
of the time and place of inspection or examination of the ballots for that
race; 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 ss. 101.64 and 101.65, F.S.; revising the voter's
certificate and instructions to absent electors to eliminate the signature
witnessing requirement except under certain circumstances; amending s.
163.511, F.S., relating to referendum ballots on the creation of special
neighborhood improvement districts, to conform; amending s. 101.69, F.S.;
authorizing an absent elector voting in person to execute an affidavit
stating that the absentee ballot supplied to the elector has not been voted
rather than being required to return the ballot; 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; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representative Littlefield-
HB 735-A bill to be entitled An act relating to criminal offenses;
amending s. 794.011, F.S.; providing for testing persons convicted of sexual
battery for human immunodeficiency virus infection; providing for
enhanced penalties for those who test positive; amending s. 944.275, F.S.;
providing that inmates serving sentences for specified violent offenses are
ineligible for gain-time; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative McAndrews-
HB 737-A bill to be entitled An act relating to discrimination;
expanding applicability of the Civil Rights Act, the Fair Housing Act,
provisions relating to certain clubs, and provisions relating to certain
employment practices, by requiring prohibitions against discriminatory

74

February 9, 1993

JOURNAL OF THE HOUSI

practices based on actual or perceived race, color, religion, gender, sexual
orientation, national origin, age, handicap, or marital status; amending ss.
760.01,760.02, 760.05, 760.07, and 760.10, F.S., relating to the Florida Civil
Rights Act of 1992; conforming terminology and adding sexual orientation
to the classifications protected from discrimination; defining "sexual
orientation," and reenacting s. 760.11(15), F.S., relating to administrative
and civil remedies, to incorporate the amendment to s. 760.10, F.S., relating
to unlawful employment practices, in a reference thereto; amending s.
509.092, F.S., relating to public lodging and food service, to conform;
amending ss. 760.22, 760.23, 760.24, 760.25, and 760.29, F.S., relating to the
Fair Housing Act; conforming terminology and adding sexual orientation
to the classifications protected from discrimination in housing; defining
"sexual orientation"; amending s. 760.60, F.S.; adding sexual orientation to
the classifications protected from discriminatory practices of certain clubs;
amending s. 110.112, F.S., relating to affirmative action and equal
employment opportunity; correcting references; amending s. 420.9075,
F.S., relating to local housing assistance programs, to conform; providing
applicability; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Minton-
HB 739-A bill to be entitled An act relating to the Administrative
Procedures Act; amending s. 120.59, F.S.; deleting an exclusion of agencies
from provisions relating to recovery of certain costs and fees; deleting a
definition; amending s. 120.68, F.S.; entitling prevailing parties in judicial
review of final agency actions to recover costs and reasonable attorney fees;
requires such costs and fees to be paid from an agency's budget under
certain circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agency Rules, Select and
Appropriations.

By Representative Martinez-
HB 741-A bill to be entitled An act relating to tax on sales, use, and
other transactions; amending s. 212.05, F.S.; specifying that any law
enforcement officer performing approved law enforcement duties is not
performing detective, burglar protection, and other protection services for
purposes of the tax on such services; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

By Representative Bitner-
HB 743-A bill to be entitled An act relating to sovereign immunity;
amending s. 768.28, F.S.; providing that certain governmental contracts do
not constitute a waiver of sovereign immunity or increase limits of liability
under certain circumstances; prohibiting a contract provision requiring
certain indemnification or assumption of liability for negligence; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Rudd-
HB 745-A bill to be entitled An act relating to ad valorem tax
administration; amending s. 197.402, F.S.; reducing the period during
which the tax collector is required to advertise delinquent real property
taxes; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Finance & Taxation and
Appropriations.

By Representative Hawkins-
HB 747-A bill to be entitled An act relating to Collier County;
amending ch. 78-494, Laws of Florida, relating to the Immokalee Water
and Sewer District; providing for a change in the qualifications of board
members; requiring board members to be registered voters and residents

February 9, 1993

E OF REPRESENTATIVES 75

of the district; requiring a quorum of four members to transact business;
authorizing the district director to hire, discipline, and terminate
employees, and to raise the salary of district employees subject to the
review and approval of the board; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Natural
Resources.

By Representative Crist-
HB 749-A bill to be entitled An act relating to the Self-storage Facility
Act; amending s. 83.803, F.S.; redefining the term "self-service storage
facility"; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Crist-
HB 751-A bill to be entitled An act relating to unemployment
compensation; requiring as a condition of benefit eligibility that temporary
employees contact their temporary help employer for new work on
completion of their temporary assignment; providing a definition;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representative Hanson-
HB 753-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Employee &
Management Relations and Appropriations.

By Representative Ascherl-
HB 755-A bill to be entitled An act relating to Volusia County;
repealing specified acts of the Legislature relating to Volusia County and
the municipalities therein, and providing for the future repeal of other such
special acts, which are antiquated, obsolete, or dormant; providing an
effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

By Representative R. Saunders-
HB 757-A bill to be entitled An act relating to title to sovereignty
lands; amending s. 253.12, F.S.; providing for conveying title to certain
tidal lands to riparian owners under certain circumstances; providing for
consideration for such conveyance; requiring certain evidence and a filing
fee for such conveyance; requiring the Board of Trustees of the Internal
Improvement Trust Fund to provide a recordable legal description of
certain boundaries under certain circumstances; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Kerrigan-
HB 759-A bill to be entitled An act relating to Santa Rosa County;
validating acts and proceedings in connection with the local option

76 JOURNAL OF THE HOUSE

election, including publication of notice of the election; declaring the
election legal and valid; providing an effective date.
Filed.

By Representative Brown-
HB 761-A bill to be entitled An act relating to adult foster homes;
amending s. 400.619, F.S.; providing an annual license fee; specifying use
of fees to cover costs of training and education programs; creating s.
400.6211, F.S.; requiring the Department of Health and Rehabilitative
Services to provide training and education programs; specifying program
contents; requiring persons who operate adult foster homes to complete
such programs; providing a penalty; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services, Finance &
Taxation and Appropriations.

By Representative Arnall-
HB 763-A bill to be entitled An act relating to Florida Life and Health
Insurance Guaranty Association assessments; amending s. 631.719, F.S.;
increasing the extent of offsets against insurance premium or corporate
income tax liability for certain assessments of the association; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance, Finance & Taxation and
Appropriations.

By Representative Jamerson-
HB 765-A bill to be entitled An act relating to the Pinellas Police
Standards Council, Pinellas County; amending s. 4(k)(1) and (2) of ch. 72-
666, Laws of Florida, as amended; increasing the duties and powers of the
Council; increasing the council's funding assessment from $2 to $3 with the
$1 addition dedicated to the women and minority recruitment program as
described; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Criminal Justice
and Appropriations.

By Representatives Klein, Villalobos, Jacobs, Dennis, Glickman,
Reddick, Edwards, Mishkin, Dawson and Rush-
HB 767-A bill to be entitled An act relating to education; amending
s. 232.246, F.S.; requiring completion of student service work for high
school graduation; providing requirements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Crady-
HB 769-A bill to be entitled An act relating to appropriations;
providing that funds appropriated for a beach renourishment project may
be used for that purpose or other erosion control regardless of whether
federal matching funds are available for the project; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Armesto-Garcia-
HB 773-A bill to be entitled An act relating to bail bonds; creating s.
903.107, F.S.; providing for corporate surety appearance bonds; prohibiting
certain monetary bonds; amending s. 903.045, F.S.; deleting provisions
relating to conditions of the bond, and reenacting s. 903.36(4), F.S., relating
to guaranteed arrest bond certificates, to incorporate said amendment in
a reference thereto; amending s. 903.26, F.S.; providing procedure and
timeframes for motions to discharge; providing an effective date.

iE

_________ __ ____ _______

SOF REPRESENTATIVES February 9, 1993

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance and Appropriations.

By Representative Armesto-Garcia-
HB 775-A bill to be entitled An act relating to electric power
transmission lines; requiring certain property owners to maintain a
minimum clearance from transmission lines under certain circumstances;
authorizing electric utility companies to issue warnings and to take certain
action under certain circumstances; requiring property owners to pay
certain costs under certain circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Armesto-Garcia-
HJR 777-A joint resolution proposing an amendment to Section 15 of
Article V of the State Constitution relating to attorneys.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Armesto-Garcia-
HB 779-A bill to be entitled An act relating to attorneys at law;
amending s. 454.021, F.S.; providing that attorneys at law shall be admitted
to practice and that practice regulated by the Department of Professional
Regulation; amending ss. 454.23 and 454.31, F.S., relating to unlawful
practice and penalties, to conform; creating s. 454.37, F.S.; providing
rulemaking authority for regulation of attorneys; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Arnall, Upchurch and Thrasher-
HB 781-A bill to be entitled An act relating to the St. Augustine Port,
Waterway and Beach District, St. Johns County; amending s. 14, ch. 18879,
Laws of Florida, 1937, as amended; staggering terms of office of
commissioners of the district; changing commissioners' terms of office;
providing voting requirements and election procedures; providing an
effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

By Representative Arnold-
HB 783-A bill to be entitled An act relating to motor vehicle licenses;
amending s. 320.06, F.S.; extending the time period for the issuance of
registration license plates; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

By Representative Ascherl-
HB 785-A bill to be entitled An act relating to contracting; amending
ss. 489.119 and 489.521, F.S.; requiring an advertiser to request the
certification or registration number of a construction or electrical or alarm
system contractor at the time of contracting for an advertisement for that
contractor; providing that the advertiser is not responsible for verifying the
number provided; prohibiting the advertiser from publishing, displaying,
broadcasting, or circulating the advertisement without the certification or
registration number included; providing a penalty; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).

JOURNAL OF THE HOUSI

Referred to the Committee(s) on Appropriations.

By Representative Ascherl-
HB 787-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representatives Bainter, Geller, Arnall, Wise and Hawkes-
HB 789-A bill to be entitled An act relating to the Florida
Comprehensive Health Association; amending s. 627.6488, F.S.; deleting
the requirement that all insurers be members of the association; deleting
provisions authorizing assessments; amending s. 627.6492, F.S.; requiring
certain operating losses to be funded from general revenue; deleting
obsolete provisions relating to assessments for operating losses; repealing
s. 627.6494, F.S., relating to assessments by the association; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Insurance, Finance & Taxation and
Appropriations.
By Representative Bloom-
HB 791-A bill to be entitled An act relating to local government;
amending ss. 163.362 and 163.385, F.S.; providing that amendments to
community redevelopment plans extend projects 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; amending s. 212.0305, F.S.; authorizing local governments that levy
a convention development tax to implement a convention center booking
policy; amending ss. 1, 2, and 3, ch. 67-930, Laws of Florida; revising
provisions which authorize certain cities to levy a municipal resort tax, to
remove an exemption for beer and malt beverages; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representative Bloom-
HB 793-A bill to be entitled An act relating to education; amending
s. 240.535, F.S., relating to the New World School of the Arts; revising
provisions relating to administration and governance; providing for a board
of directors and an executive committee thereof; providing for contracting
of services; providing a funding formula and for allocations from the
Department of Education; providing for additional support; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representative Bloom-
HB 795-A bill to be entitled An act relating to underground facilities;
creating the Underground Facility Damage Prevention and Safety Act;
providing legislative intent; providing definitions; providing for the
creation of the "Sunshine State One-Call of Florida, Inc."; providing for a
board of directors; requiring annual reports to the Governor; providing for
the establishment of a one-call toll-free telephone notification system;
providing for participation by underground facility operators; providing
procedures; requiring notice of excavations and demolitions; providing
immunity for board members of the corporation; providing for liability of
certain entities and the system; providing civil and criminal penalties;
providing an exemption for single family residential owners; providing an
exception for emergency excavations under certain circumstances;

February 9, 1993

SOF REPRESENTATIVES 77

providing for the assessment of costs among member operators; providing
for applicability and construction; providing severability; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Boyd-
HB 797-A bill to be entitled An act relating to saltwater fishing
licenses; amending s. 370.0605, F.S.; deleting requirements for increased
fees for individuals who are residents of states contiguous to Florida;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Boyd-
HB 799-A bill to be entitled An act relating to environmental
protection; amending s. 403.813, F.S.; exempting land clearing and
vegetative maintenance activities of electric utilities from wetland resource
permit requirements under certain circumstances; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Boyd-
HB 801-A bill to be entitled An act relating to education; creating the
Parental Choice in Education Act; requiring each district school board to
develop an educational choice program; providing purpose; providing for
contracting with nonpublic schools; limiting contract costs; requiring
nonpublic school compliance with specified laws; requiring State Board of
Education rules relating to contracts; providing that records shall be
public; providing for Department of Education assistance and information;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Brennan-
HB 803-A bill to be entitled An act relating to regional planning
councils; repealing s. 1(3), ch. 92-182, Laws of Florida, which provides for
review and repeal of the Florida Regional Planning Council Act and s.
186.515, F.S., related thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representatives Brown, Glickman, Miller and Mitchell-
HB 805-A bill to be entitled An act relating to the Florida Retirement
System; creating s. 121.36, F.S.; authorizing certain hospitals to withdraw
from the system; authorizing hospitals to provide a private retirement plan;
providing for all new employees to participate in the private plan;
providing for all existing employees to declare participation in either the
Florida Retirement System or the private plan; providing conditions;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representative Charles-
HB 807-A bill to be entitled An act relating to the Florida Contraband
Forfeiture Act; amending s. 932.704, F.S.; providing additional policy
statements regarding property seizures and forfeitures; authorizing filing
certain forfeiture actions in certain courts; clarifying circumstances for
awarding certain attorney's fees; creating s. 932.708, F.S.; requiring certain
law enforcement agencies to conduct annual reviews of property seizures
and forfeiture actions; providing an effective date.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

First reading by publication (Art. III, s. 7, Florida Constitution). Governor and specified legislative leaders relating to the appropriate
Referred to the Committee(s) on Criminal Justice and Appropriations. methodology for measuring energy savings achieved by demand-side
management programs; providing an effective date.

By Representative Charles-

First reading by publication (Art. III, s. 7, Florida Constitution).

HB 809-A bill to be entitled An act relating to postsecondary Referred to the Committee(s) on Business & Professional Regulation
education; creating s. 240.6055, F.S.; creating the Access Grant Fund for and Appropriations.
Community College Graduates; providing for grants to eligible students;
providing for grant amount; providing for priority in distribution; By Representative Crady-
providing an effective date. HB 819-A bill to be entitled An act relating to funeral homes,
First reading by publication (Art. III, s. 7, Florida Constitution). cemetery companies, crematory companies, and monument companies;
Referred to the Committee(s) on Higher Education and Appropriations. creating the Florida Funeral, Cemetery, Crematory and Monument
"Administration Act; providing definitions; creating the Funeral, Cemetery,
By Representatives Couch, Kelly, Jones, Futch, Fuller, Cosgrove, Crematory and Monument Board within the Department of Professional
Bainter, Goode, Dawson, Miller, Albright, Pruitt, Boyd, Merchant, Regulation; providing for membership, functions, and authority; providing
Trammell, Gay, Safley, Buddy Johnson, Crady, Thomas and Tedder- for the functions and authority of the Comptroller; providing for the
administration of trust funds; providing for trust fund investments;
HB 811-A bill to be entitled An act relating to procurement of providing for an annual report; providing for trust fund examinations;
personal property and services; amending s. 287.088, F.S.; eliminating providing for trust fund deficiencies; providing for licensure and
reference to the term "subcontractor" and defining the term "full-time registration; providing for change of ownership; providing for cease and
employee"; ensuring access to hospitalization and medical insurance desist orders; providing for injunctive proceedings; providing for appeals
benefit coverage of employees of state contractors; eliminating the from the board or the Comptroller; providing for rules and challenges;
applicability to subcontractors; eliminating penalties for failure to comply; providing for hearings, witnesses, and appearances; providing for a fine;
deleting posting requirements; providing an effective date. providing that certain investigatory records are confidential; providing for
First reading by publication (Art. III, s. 7, Florida Constitution). receivers and administrators; providing for dissolution or liquidation;
Referred to the Committee(s) on Health Care and Appropriations. providing for multiple operations; providing for solicitation of burial rights,
merchandise, and services; providing requirements with respect to sales
By Representatives De Grandy, Lawson and Burke- practices on merchandise and services; prohibiting unfair methods of
competition and unfair or deceptive acts or practices; providing for
HB 813-A bill to be entitled An act relating to appropriations; information to the public; providing for the disposition of fees and
providing legislative findings and determinations relating to the massacre penalties; providing for attorney's fees; providing for display of notice of
in the town of Rosewood; providing compensation for the victims of the regulation; providing a penalty for failure to comply; providing for
Rosewood massacre; providing for the erection of a monument; providing recordkeeping; providing for inspections; permitting multiple licenses and
an effective date. registrations; providing exceptions; providing grounds for disciplinary
First reading by publication (Art. III, s. 7, Florida Constitution). action; providing for administrative penalties; providing for suspension
and revocation; providing for civil remedies and civil liability; providing for
Referred to the Committee(s) on Judiciary and Appropriations. criminal penalties; prohibiting discriminatory refusal to do business;

By Representative Crist- providing a penalty; providing a savings clause; creating the Florida
Preneed Sales Act; providing legislative purpose; providing for authorized
HB 815-A bill to be entitled An act relating to juvenile offenders; preneed sellers and preneed sales; providing for restricted and qualified
amending s. 39.001, F.S.; providing purpose to address juvenile contempt certificateholders; providing for preneed trust fund deposits; providing for
of court; amending s. 39.01, F.S.; revising definitions to authorize detention preneed trust fund withdrawals; providing for cancellation and refund;
upon adjudication of guilt for contempt; amending s. 39.043, F.S.; providing for alternative preneed contracts; providing for evidence of
authorizing sentencing of juveniles to detention following a contempt financial responsibility as an alternative to trust deposit; providing for
adjudication, and reenacting s. 39.044(1)(a), F.S., relating to detention, to performance and delivery; providing for preneed sales agents; providing for
incorporate said amendment in a reference thereto; providing an effective preneed contracts; providing for preneed insurance contracts; providing for
date. preneed authorization; prohibiting unfair methods of preneed competition
First reading by publication (Art. III, s. 7, Florida Constitution). and unfair or deceptive acts or practices; creating a Preneed Contract
Consumer Protection Trust Fund; providing for the transfer of preneed
Referred to the Committee(s) on Criminal Justice and Appropriations, trust funds; providing for the application of the act; providing for the
SR re D Roberts and Reddick- ownership of proceeds received in preneed contracts; providing for existing
preneed trust funds and merchandise funds; providing for transfers of
HB 817-A bill to be entitled An act relating to utility energy efficiency; burial rights, merchandise, and services; creating the Florida Funeral
amending s. 366.02, F.S.; defining the terms "demand-side management," Directors and Embalmers Licensing Act; providing legislative purpose;
"energy-efficiency measure," and "shared-savings loan"; amending ss. providing for the licensure of a funeral director by examination or
366.125 and 368.021, F.S.; providing that the Florida Public Service endorsement; providing for the registration of funeral director interns;
Commission has no jurisdiction to regulate compressed natural gas used for providing for the licensing of an embalmer by examination or endorsement;
certain purposes; amending s. 368.061, F.S.; raising the civil penalties for providing for the registration of embalmer interns; providing for
violation of the Gas Safety Law of 1967; amending s. 366.81, F.S.; revising concurrent internships, dual licenses, and display of license; providing for
legislative findings and intent with respect to policies and procedures of training by accredited institutions; providing for renewal of funeral
the commission relating to the implementation and evaluation of director and embalmer licenses; providing for inactive status; providing for
conservation and demand-side management; requiring the commission to the practice of funeral directing; providing for licensing standards for
establish and maintain an assessment of the potential energy savings funeral establishments; providing for the registration of direct
reasonably achievable through demand-side management; amending s. cremationists; providing for registration renewal; providing duties of direct
366.82, F.S.; requiring the commission to adopt numerical energy- cremationists; providing for registration standards for direct cremation
efficiency goals for each utility; providing for periodic review and establishments; providing for fees; providing for authorization for funeral;
reestablishment of the goals; providing utility and commission prohibiting unauthorized conduct; providing for health and safety
responsibilities relating to demand-side management programs; amending education; providing for continuing education; providing for reciprocity,
s. 366.84, F.S.; providing that funds from the Florida Energy Trust Fund temporary license, removal services, refrigeration facilities, and centralized
may be used to support research and studies related to increasing energy embalming facilities; providing for disclosure of identity; providing for
efficiency and conservation and to determining related cost savings; itemized price lists and disclosure; providing for cash advance and escrow
requiring the commission, in consultation with electric utilities and the refund accounts; providing for affidavit of cases embalmed and bodies
Office of the Public Counsel, to conduct a study and submit a report to the handled; providing that it is unlawful to remove or embalm a body under

78

February 9, 1993

JOURNAL OF THE HOUSE OF REPRESENTATIVES

certain circumstances; providing for embalming and refrigeration;
prohibiting violations; creating the Florida Cemetery Act; providing for
legislative purpose; providing for scope; providing for the effect of the act
on existing cemeteries; providing for licenses, applications, and fees for
cemetery authorities; providing for endowment care trust funds; providing
for remedy of the board; providing for disposition of income of endowment
care trust funds; providing for notice; providing for a percentage of
payments for burial rights and monument maintenance; providing liability
for endowment care trust fund income; providing for minimum acreage and
the sale or disposition of cemetery lands; providing for the dedication of
cemetery property; providing for construction of mausoleums and
preconstruction trust funds; providing compliance requirements;
providing for authorized functions of cemetery authorities; providing for
the installation and maintenance of monuments; providing fees; providing
for outer burial container installation; providing fees; prohibiting illegal
tying arrangements; providing for immunity and actions with respect to
abandoned cemeteries; requiring the provision of addresses; providing for
a presumption of abandonment, procedures, and sale of abandoned unused
burial rights; providing for disclosures; providing for authorization for
burial; providing for disinterment; providing for private mausoleums;
providing for rules; providing for records; providing for the right of ingress
and egress for visiting or maintenance; providing for the registration of
exempt cemeteries; providing for the registration of monument
establishments; creating the Florida Crematory and Cremation Act;
providing legislative purpose; providing for the establishment of a
crematory and for licensure of a crematory authority; providing for
authorizing agents; providing for authorization to cremate; providing for
recordkeeping; providing for cremation receptacles; providing for
cremation procedures; providing for the disposition of cremated remains;
providing for limitation of liability; providing requirements with respect to
pacemakers and hazardous implants; providing for rules; providing for
preneed cremation arrangements; providing for scope; repealing chapter
470, F.S., relating to funeral directing, embalming, and direct disposition
of bodies; repealing chapter 497, F.S., relating to the Florida Cemetery Act;
repealing chapter 639, F.S., relating to preneed funeral merchandise or
service contracts; amending ss. 245.07,624.523,626.785, and 628.4615, F.S.;
correcting statutory cross references; repealing s. 704.08, F.S., relating to
the right of ingress or egress for visiting or maintenance in cemeteries;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Dawson-
HB 821-A bill to be entitled An act relating to public accountancy;
amending s. 473.306, F.S.; eliminating the requirement of an additional
year of education beyond the baccalaureate degree to qualify to take the
examination for licensure as a certified public accountant; repealing s.
473.307, F.S., relating to the requirement of an additional year of
experience or education for certain applicants for licensure; amending s.
473.308, F.S., relating to requirements for licensure, to conform; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Edwards-
HB 823-A bill to be entitled An act relating to the Animal Fighting
Act; amending s. 828.122, F.S.; providing definitions; providing additional
prohibited acts and penalties therefore; providing for the forfeiture of
certain animals or equipment; providing that certain evidence is prima
facie evidence that certain property is kept for the purpose of animal
baiting or fighting; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture & Consumer Services and
Appropriations.
By Representative Edwards-
HB 825-A bill to be entitled An act relating to the rights of property
owners and lienholders on mobile homes; amending s. 723.084, F.S.;

providing for the rights of property owners and lienholders on mobile
homes; repealing s. 723.085, F.S., relating to the rights of a lienholder on
mobile homes in rental mobile home parks; repealing s. 723.086, F.S.,
relating to property and lienholder contracts; repealing s. 723.0861, F.S.,
relating to attorney's fees and costs; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Eggelletion and Miller-
HB 827-SF-A bill to be entitled A proposal relating to creation of
landowner associations in unincorporated areas.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Eggelletion-
HR 829-A resolution congratulating the Fort Lauderdale St. Thomas
Aquinas Raiders on winning the 1992 State Class AAAA High School
Football Championship.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Rules & Calendar.

By Representatives Eggelletion and Miller-
HB 831-A bill to be entitled An act relating to turnpike projects;
amending s. 338.223, F.S.; revising language with respect to proposed
turnpike projects concerning the environmental feasibility of the proposed
project as reviewed by the Department of Environmental Regulation;
revising notice requirements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representatives Eggelletion and Miller-
HB 833-A bill to be entitled An act relating to drinking water;
amending s. 403.860, F.S.; authorizing certain county health units to file
civil actions under certain circumstances; amending s. 403.862, F.S.;
providing for deposit of certain moneys into certain Public Health Unit
Trust Funds; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representatives Eggelletion and Miller-
HB 835-A bill to be entitled An act relating to educational facilities;
amending s. 235.056, F.S.; revising provisions relating to lease and lease-
purchase of educational facilities and sites; providing inspection and
review requirements; requiring correction of deficiencies; providing for
funding; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Feeney-
HB 837-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; creating s. 450.0611,
F.S.; requiring registration of for-profit corporations or organizations
engaged in the employment of minors 15 years of age or younger for certain
activities; requiring a fee; providing fines; amending s. 450.081, F.S.;
revising the timeframe during which certain minors may be employed;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations,
Finance & Taxation and Appropriations.

By Representative Feren-
HB 839-A bill to be entitled An act relating to juvenile delinquency
and gang prevention; amending s. 39.025, F.S.; requiring the Department
of Health and Rehabilitative Services to make fiscal agency previsions for

February 9, 1993

79

80 JOURNAL OF THE HOUSE

juvenile delinquency and gang prevention councils; providing limitation on
councils' administrative charges; authorizing councils to collect data on
ethnicity; requiring public hearings for input on development of
delinquency prevention plans; providing additional topics for input at
these hearings; requiring the Department of Health and Rehabilitative
Services and the Department of Law Enforcement to include ethnicity as
a field in their information system; amending s. 39.045, F.S.; providing for
confidentiality of information obtained by juvenile delinquency and gang
prevention councils; amending s. 39.0585, F.S.; providing additional
criteria for determining a certain juvenile offender for purposes of
maintaining central identification files; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

I]

E OF REPRESENTATIVES February 9, 1993

Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Garcia-
HB 851-A bill to be entitled An act relating to educational facilities;
amending s. 235.196, F.S.; revising requirements relating to the request for
and receipt of funds for the construction of community educational
facilities; revising provisions relating to matching funding requirements of
noneducational governmental agencies; repealing s. 235.195(4), F.S.,
relating to funding restrictions on joint-use facilities; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

Referred to the Committee(s) on Criminal Justice and Appropriations. By Representative Gay-

By Representative Feren-
HB 841-A bill to be entitled An act relating to nonresidential
tenancies; amending s. 83.20, F.S.; providing for removal of a tenant for the
tenant's breach of the lease; requiring notice; creating s. 83.201, F.S.;
providing for withholding of rent upon untenantability of premises;
requiring notice; providing for termination of lease if premises not made
tenantable; creating s. 83.202, F.S.; providing for waiver of removal action
for nonpayment of rent; amending s. 83.231, F.S.; providing further
requirements to obtain a money judgment in an action for removal of a
tenant; creating s. 83.232, F.S.; requiring the payment of rent into the court
registry in an action by a landlord which includes a claim for possession;
providing for a hearing of a dispute on the amount of rent owed; providing
for notice; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Fuller-
HB 843-A bill to be entitled An act relating to optometry; amending
s. 463.002, F.S.; revising the definition of the term "licensed practitioner";
requiring all licensed practitioners to be certified optometrists after a
specified date; amending s. 463.007, F.S.; revising continuing education
requirements to require certain coursework; amending s. 463.014, F.S.;
eliminating an exemption for optometric service plan corporations relating
to employment of licensed practitioners by corporations or labor
organizations; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Futch-
HB 845-A bill to be entitled An act relating to termination of parental
rights; amending s. 39.464, F.S.; providing additional grounds for
termination of parental rights; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services and
Appropriations.

By Representative Futch-
HM 847-A memorial to the Congress of the United States urging that
dolphins be declared a national treasure and that they be provided greater
protection.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources.

By Representative Garcia-
HB 849-A bill to be entitled An act relating to employment; amending
s. 760.10, F.S.; providing an additional unlawful employment practice
under the Florida Civil Rights Act of 1992; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

HB 853-A bill to be entitled An act relating to local government;
specifying a time period within which certain appeals relating to local
government projects must be filed; requiring that such appeals be heard
within a specified time; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and
Appropriations.

By Representative Gay-
HB 855-A bill to be entitled An act relating to transportation;
amending s. 337.406, F.S.; expressly granting counties the authority to
regulate private use of certain state-owned rights-of-way; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representative Gay-
HB 857-A bill to be entitled An act relating to corporate income tax;
creating s. 220.191, F.S.; providing a credit against the tax for a business
that donates instructional technology equipment to a public school,
vocational-technical center, community college, or university; providing
for determination of the amount of the credit; providing for carryover or
transfer of the credit; amending s. 220.02, F.S.; providing for order of
credits against the tax; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation and
Appropriations.

By Representative Gay-
HB 859-A bill to be entitled An act relating to the State University
System; amending s. 240.209, F.S.; providing for a portion of student
tuition and matriculation fees to be pledged for capital debt; dedicating a
portion of the revenue for debt surety and revolving loans; amending s.
240.2093, F.S.; authorizing the Board of Regents to issue bonds and
refinance existing bonds; authorizing the board to approve a direct-support
organization or other approved entity to issue bonds on its behalf;
amending s. 240.296, F.S.; creating the State University System Facilities
Loan and Debt Surety Program to replace the State University Housing
Loan Fund; amending s. 240.299, F.S.; authorizing the board to make
agreements with direct-support organizations for constructing facilities;
amending s. 243.04, F.S.; authorizing the board to pledge unobligated
auxiliary trust fund revenue to secure payment of debt service; amending
s. 243.151, F.S.; authorizing the board to make agreements for lease-
purchase of facilities; repealing s. 240.294, F.S., relating to insurance on
lease-purchase agreements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education, Finance & Taxation
and Appropriations.

By Representative Geller-
HB 861-A bill to be entitled An act relating to the South Broward
Drainage District, Broward County; amending ss. 7(9)(h), 7(10)(g), and
7(10)(j), ch. 92-244, Laws of Florida; correcting scrivener's error in legal

JOURNAL OF THE HOUSE OF REPRESENTATIVES

descriptions of road rights-of-way transferred to Broward County;
amending s. 8, ch. 67-904, Laws of Florida, as amended; correcting
scrivener's error in legal description of boundaries of South Broward
Drainage District as provided by s. 12, ch. 92-244, Laws of Florida;
amending s. 10(2), ch. 67-904, Laws of Florida, as amended; correcting
scrivener's error in number of members of the District's Board as provided
by s. 13, ch. 92-244, Laws of Florida; amending s. 19, ch. 67-904, Laws of
Florida, as amended; revising the date that the Secretary or Manager of the
District shall prepare a proposed budget to be submitted to the District's
Board for their approval to be compatible with general law; providing that
this act shall take precedence over any conflicting law to the extent of such
conflict; providing severability; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

By Representative Geller-
HB 863-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; amending s.
944.026, F.S.; correcting a technical error and updating a reference to s.
948.08, F.S.; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Geller-
HB 865-A bill to be entitled An act relating to Broward County;
providing permanent status for certain employees of the Broward County
Sheriff; specifying rights of employees, including collective bargaining
rights; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Employee &
Management Relations and Appropriations.

By Representative Geller-
HB 867-A bill to be entitled An act relating to Broward Performing
Arts Center Authority; amending chapter 84-396, Laws of Florida, as
amended; increasing the membership of the authority from 9 to 13
members; changing the appointing governmental entity for certain
members; providing for an executive committee and its composition and
power; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Glickman-
HB 871-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), 794.005, 794.023(2), 800.04(3), 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, basic charge of sexual battery, sexual battery by multiple
perpetrators, lewd or indecent conduct in presence of a child, 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.
First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Goode-
HB 873-A bill to be entitled An act relating to physician assistants;
amending ss. 458.347 and 459.022, F.S.; specifying joint duties of the Board
of Medicine and the Board of Osteopathic Medicine with respect to
education and training programs, performance standards, and fees relating
to licensure of physician assistants; abolishing each board's Physician
Assistant Committee; creating a joint Physician Assistant Council to advise
both boards; providing for appointment of council members; increasing
licensure fees for physician assistants certified by the Board of Osteopathic
Medicine; reducing licensure renewal fees for physician assistants certified
by the Board of Medicine; revising provisions relating to temporary
certification; grandfathering under the Board of Osteopathic Medicine
certain physician assistants previously certified by the Board of Medicine;
providing that a physician assistant certified by one board shall be
automatically certified by the other; providing for inactive status of
licenses under the Board of Osteopathic Medicine; providing an effective
date.

Referred to the Committee(s) on Community Affairs and Tourism & First reading by publication (Art. III, s. 7, Florida Constitution).
Economic Development.

By Representative Geller-
HB 869-A bill to be entitled An act relating to the Pine Tree Water
Control District, Broward County; amending chapter 85-391, Laws of
Florida; providing that the Pine Tree Water Control District is an
independent district as defined in chapter 189, Florida Statutes, 1992;
providing that voters shall be landowners; providing that a member of the
board shall be appointed by the City of Coral Springs City Commission,
in lieu of appointment by the Broward County Commission; providing that
the board shall be required to hold monthly meetings; providing that the
board members shall be paid an amount not to exceed $100 a month;
providing that an ad valorem tax shall not be levied and assessed in excess
of 5 mills; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Greene-
HB 875-A bill to be entitled An act relating to building designations;
designating the new West Palm Beach CMS building as the "Philip O.
Lichtblau Building"; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Aging & Human Services.

By Representatives Greene and McAndrews-
HB 877-A bill to be entitled An act relating to unemployment
compensation; amending ss. 443.101 and 443.111, F.S.; modifying
requirements to requalify for benefits; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Community Affairs, Natural Referred to the Committee(s) on Employee & Management Relations
Resources, Finance & Taxation and Appropriations. and Appropriations.

February 9, 1993

81

JOURNAL OF THE HOUSE OF REPRESENTATIVES

By Representative Greene-

First reading by publication (Art. III, s. 7, Florida Constitution).

HB 879-SF-A bill to be entitled A proposal relating to Aid to Families Referred to the Committee(s) on Community Affairs and
with Dependent Children. Appropriations.

First reading by publication (Art. III, s. 7, Florida Constitution).

By Representative Hafner-
HB 881-A bill to be entitled An act relating to the State University
System; amending s. 240.1201, F.S.; classifying certain persons as Florida
residents for tuition purposes; amending s. 240.209, F.S.; revising the
master planning process for the State University System; amending s.
240.2094, F.S.; creating a single operating fund at each university;
amending s. 240.2111, F.S.; revising provisions of the employee recognition
program; deleting a reporting requirement; amending s. 240.2112, F.S.;
revising provisions of the incentive efficiency program; amending s.
240.235, F.S.; revising provisions relating to tuition and fees for members
of the Florida National Guard; providing for an intern participation
program; amending s. 240.272, F.S.; revising provisions relating to the
carryforward of unexpended funds; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representative Hafner-
HB 883-A bill to be entitled An act relating to hazardous waste
landfills; amending s. 403.7222, F.S.; exempting certain wells from a
prohibition against using wells for certain types of hazardous waste
disposal; prohibiting certain wells from being constructed under certain
circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Hafner-
HB 885-A bill to be entitled An act relating to guardianship; creating
s. 744.3679, F.S.; providing simplified accounting procedures in certain
cases; providing that clerks of circuit courts are not responsible for
monitoring these procedures and may receive no fee; amending s. 1(7), (10),
ch. 91-306, Laws of Florida; specifying the date by which the Guardianship
Oversight Board is to submit its final report and the date on which the
board is to expire; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Harris, Mitchell and Trammell-
HB 887-A bill to be entitled An act relating to recycling; amending s.
403.706, F.S.; authorizing certain counties to provide for alternative
recycling programs; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Hill-
HB 889-A bill to be entitled An act relating to occupational health and
safety; amending s. 442.102, F.S.; redefining the term "employer";
amending s. 442.103, F.S.; eliminating an exemption under the law relating
to occupational health and safety to provisions relating to certain
substances or mixtures which are toxic; amending s. 442.108, F.S.; requiring
employers to post certain notices in English and Spanish; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Constantine-
HB 891-A bill to be entitled An act relating to local government;
amending s. 163.3184, F.S.; specifying when a penalty is calculated and
imposed when a comprehensive plan or plan amendment is not in
compliance; amending s. 171.0413, F.S.; revising referendum requirements
for municipal annexation; amending s. 171.062, F.S.; revising provisions
which specify the effect of annexation upon an area that was subject to a
county land use plan and zoning or subdivision regulations; providing an
effective date.

By Representative Jacobs-
HB 893-A bill to be entitled An act relating to the City of West Palm
Beach, Palm Beach County; relating to the West Palm Beach Police
Pension and Relief Fund; amending section 16 of chapter 24981, Laws of
Florida, 1947, as amended; amending subsection (1), regarding the creation
of the pension fund; amending subsection (2), regarding definitions;
amending subsection (3), relating to the Board of Trustees and the
payment of expenses and per diem for trustees; amending subsection (4),
relating to professional and clerical services; amending subsection (5),
regarding reports to the fund and other experience tables; amending
subsection (6), relating to membership in the fund; amending subsection
(7), regarding service credit; amending subsection (8), regarding
requirements for retirement; providing for deferred retirement; providing
for early retirement benefits; amending subsection (9), regarding
calculations of benefits; relating to the payment of benefits; relating to
forms of benefits and optional benefits; providing for designation of the
beneficiary or beneficiaries; providing for payment of benefits in the event
no beneficiary is named; incorporating subsection (10); providing for cost-
of-living increases; amending subsection (11); providing for share accounts;
adding a subsection (12); providing for a supplemental pension
distribution; adding a new subsection (13); providing for a Deferred
Retirement Option Plan; amending subsections (14), (15), and (16),
regarding eligibility for disability benefits; regarding the final decision to
award disability benefits; regarding minimum disability benefits; relating
to the use of a medical committee; regarding the payment for medical
examinations; regarding limitations on maximum disability benefits;
providing for exclusions from disability pensions; providing for payment
of disability retirement income; relating to the examination of a disability
retirant; revising provisions for return to work after disability ends;
amending subsection (17), regarding death benefits to beneficiaries;
amending subsection (18), regarding workers' compensation offset;
amending subsection (19), regarding members' contributions and refund
of members' contributions; amending subsection (20), regarding sources of
revenue; amending subsection (21), regarding investment provisions;
providing for the payment of administrative expenses; amending
subsection (22), regarding existing benefits; amending subsection (23),
regarding the nonassignability of benefits; amending subsection (24),
regarding subrogation rights; amending subsection (25), regarding
applicability of ordinances and approval of changes to the Special Act;
amending subsection (26); providing for review procedures; adding
subsection (27); providing for lump-sum payments of small retirement
income; adding subsection (28); providing for pickup or member
contributions; adding subsection (29); providing for limitations on
maximum pension benefits; repealing all laws in conflict herewith;
providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Employee &
Management Relations.

By Representatives Klein, Stafford, Jacobs, Minton, Brennan, Mishkin
and Rush-
HB 895-A bill to be entitled An act relating to elections; amending ss.
103.011 and 103.021, F.S.; changing the manner in which presidential
electors are nominated and elected and vote; amending ss. 101.28, 101.5606,
103.091, and 103.121, F.S., to conform; repealing s. 103.051, F.S., relating
to meeting dates of presidential electors; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections.

By Representative Klein-
HB 897-A bill to be entitled An act relating to the City of West Palm
Beach, Palm Beach County; amending section 17 of chapter 24981, Laws
of Florida, 1947, as amended, relating to the West Palm Beach Firemen's
Relief and Pension Fund; amending provisions regarding the creation of
pension funds; revising definitions and revising provisions relative to the

February 9, 1993

82

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Board of Trustees, membership in the Fund, and the payment of expenses
and per diem for trustees; amending provisions relating to professional and
clerical services; amending provisions regarding sources of revenue;
amending provisions regarding the custodian of the Fund; amending
provisions relating to requirements for retirement; amending provisions
relating to the deposit of moneys and securities and to disbursements;
providing for the payment of administrative expenses; amending
provisions relating to service pensions; amending the vesting provisions for
deferred retirement; amending provisions relating to the payment of
benefits and to forms of benefits and optional benefits; providing for
designation of the beneficiary or beneficiaries; providing for payment of
benefits in the event no beneficiary is named; providing for refund of
contributions; providing for share accounts; amending provisions regarding
eligibility for disability benefits, the final decision to award disability
benefits, and minimum disability benefits; amending provisions relating to
the use of a medical committee; providing for exclusions from disability
pensions; providing for payment of disability pensions; amending
provisions regarding limitations on maximum disability benefits; providing
the normal form of disability retirement income; amending provisions
relating to the examination of a disability retirant; revising provisions for
return to work after disability ends; amending provisions regarding
benefits to beneficiaries; amending provisions regarding the
nonassignability of benefits; amending provisions regarding the transfer of
funds; amending provisions regarding existing benefits; amending
provisions regarding workers' compensation offset; amending provisions
regarding actuarial valuations; providing for review procedures; providing
for lump sum payment of small retirement income; providing for pick-up
of employee contributions; providing restrictions on pension and disability
benefits; providing for required distribution; declaring all laws in conflict
repealed; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Employee &
Management Relations.

By Representative Hawkes-
HB 899-SF-A bill to be entitled A proposal relating to women's
participation in athletics and extracurricular activities.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representative Hawkes-
HB 901-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 standards of competency
and instruction; providing for instructional materials; providing for
establishment of a commission and specifying duties thereof; providing
teacher certification requirements; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representative Tedder-
HB 903-A bill to be entitled An act relating to construction
contracting; amending s. 489.103, F.S.; exempting the sale or installation
of awnings from regulation under part I of chapter 489, F.S., relating to
construction contracting; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.

By Representative Healey-
HB 905-A bill to be entitled An act relating to driver license records;
amending s. 322.20, F.S.; increasing fees which the Department of Highway
Safety and Motor Vehicles may charge for certain records; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

By Representative Klein-
HB 907-A bill to be entitled An act relating to credit agreements;
amending s. 687.0304, F.S.; providing certain requirements for a debtor to
maintain a defense on a credit agreement; providing that credit agreements
may not be implied from certain actions; requiring a lender to provide a
borrower certain notice; requiring such notice in credit agreements to be
initialed by the borrower; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative King-
HB 909-A bill to be entitled An act relating to motor vehicles;
amending s. 319.231, F.S., which imposes an additional impact fee on
certain motor vehicle title or registration-only transactions; providing an
exemption for certain vehicles purchased in this state and used outside the
state for less than 4 years; authorizing payment of the fee by installment;
providing for service fees; providing that a lien shall be placed on the
vehicle if payments are not made when due; providing for notice; providing
an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation, Finance & Taxation
and Appropriations.

By Representatives Bloom, Cosgrove, Garcia and De Grandy-
HB 911-A bill to be entitled An act relating to emergency
management; amending s. 23.121, F.S.; revising policy and purpose of the
Florida Mutual Aid Act; amending s. 23.1225, F.S.; expanding provisions
with respect to mutual aid agreements; amending s. 23.1231, F.S.; revising
powers and duties with respect to the Florida Mutual Aid Plan; creating
s. 213.055, F.S.; providing for the waiver or suspension of specified revenue
laws during a state of emergency; amending s. 235.26, F.S.; requiring the
State Board of Education to amend the State Uniform Building Code for
Public Educational Facilities Construction to incorporate specified design
criteria; amending s. 240.295, F.S.; providing additional requirements for
the construction of state university buildings; 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 within the Department of Community Affairs;
providing duties and responsibilities of the division; providing for a state
comprehensive emergency management plan; creating s. 252.365, F.S.;
providing for designation of Emergency Coordination Officers; amending
s. 252.37, F.S.; providing specified surcharges; providing for the deposit of
funds in the Grants and Donations Trust Fund of the Department of
Community Affairs; providing for the distribution of funds; providing for
rules; amending s. 252.38, F.S.; revising and clarifying the emergency
management powers of political subdivisions; specifying emergency
management powers of counties and municipalities; amending and
renumbering s. 252.355, F.S.; requiring each local emergency management
agency in the state to maintain a registry of disabled persons; specifying
the purpose of such registries; requiring the Department of Health and
Rehabilitative Services to provide registration information; providing an
exemption from public records requirements for records and information
relative to such registries; providing for future review and repeal; amending
s. 252.40, F.S., relating to mutual-aid arrangements; requiring the
Governor to take actions necessary to enter into a compact by a specified
date; amending ss. 252.46, 252.47, and 252.50, F.S., to conform; amending
s. 252.51, F.S.; providing immunity from liability; creating s. 327.59, F.S.,
relating to evacuations of marinas; amending s. 20.19, F.S.; providing
additional purposes of the Department of Health and Rehabilitative
Services; amending s. 393.067, F.S.; requiring the Department of Health
and Rehabilitative Services to establish minimum standards for the
preparation and annual updating of a comprehensive emergency
management plan with respect to residential facilities for persons with
developmental disabilities; amending s. 395.1055, F.S.; providing for the

February 9, 1993

83

84 JOURNAL OF THE HOUSE

inclusion of a comprehensive emergency management plan within rules
governing hospital regulation; amending ss. 400.23 and 400.441, F.S.;
revising provisions with respect to minimum standards for nursing home
facilities and adult congregate living facilities; including the preparation
and annual updating of a comprehensive emergency management plan
within such minimum standards; amending s. 400.407, F.S.; correcting a
cross reference; amending s. 400.051, F.S.; providing an additional
exemption from the provisions of pt. I of ch. 400, F.S.; amending s. 409.905,
F.S.; expanding provisions relating to mandatory Medicaid services to
provide for payment of specified nursing facility services; amending s.
409.908, F.S., relating to reimbursement to hospitals for the provision of
skilled nursing services; amending s. 465.019, F.S.; authorizing the
provision of dispensing and consulting services by Class II institutional
pharmacies during a state of emergency; amending s. 465.0275, F.S.;
providing exceptions to provisions regulating emergency prescription
refills; 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 an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representatives Davis, Peeples, Rush, Brennan, Rayson and
Mishkin-
HB 913-A bill to be entitled An act relating to confidentiality of public
hospital records and meetings; amending s. 119.16, F.S.; revising provisions
which specify documents that are confidential; requiring hospitals to
report to their governing boards periodically regarding confidential records
and providing requirements with respect thereto; requiring such governing
boards to maintain information relating to closed meetings; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.

By Representative King-
HB 915-A bill to be entitled An act relating to water wells; requiring
counties to regulate and establish a permit program for wells not regulated
by water management districts; providing for a fee; requiring certain
persons to obtain a permit from a county for certain wells; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative King-
HB 917-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
sales made to members of the Legislature or their agents or employees
when payment is made from their monthly allowance for intradistrict
expenses; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations, Finance &
Taxation and Appropriations.

By Representatives Lippman and Mitchell-
HB 919-A bill to be entitled An act relating to medically underserved
populations; creating the Florida Primary Care and Rural Health Care Act
of 1993; amending s. 212.08, F.S.; repealing a sales tax exemption for
nonprescription medicines; amending s. 381.0302, F.S.; providing
additional membership in the Florida Health Services Corps; authorizing
the Department of Health and Rehabilitative Services to provide certain
financial assistance to primary care medical residents, physician assistants,
and nurse practitioners; authorizing use of certain appropriated funds as
federal matching funds; creating s. 381.0406, F.S., relating to rural health
networks; providing legislative findings and intent; providing a definition;
providing for organization, administration, and nonprofit corporate status;
specifying services to be provided; requiring participation of certain
trauma agencies; providing for public and private financing; providing for

]

E OF REPRESENTATIVES February 9, 1993

phased-in implementation; specifying responsibilities of the Agency for
Health Care Administration and the State Health Office relating to
establishment and certification of rural health networks; providing for
rules; creating s. 395.606, F.S., relating to rural health network cooperative
agreements; providing legislative intent with respect to antitrust laws;
specifying conditions under which health care providers who are members
of rural health networks may consolidate services or enter into cooperative
agreements; requiring approval and oversight by the Agency for Health
Care Administration and the Attorney General; providing for
administrative and judicial review; creating s. 409.9116, F.S.; creating a
disproportionate share program for rural hospitals; establishing a funding
formula; specifying requirements for participation; providing legislative
intent that the rural hospital disproportionate share program shall be
funded before other disproportionate share programs; providing an annual
appropriation; amending s. 768.29, F.S.; correcting a cross-reference;
providing for use of funds generated by repeal of a sales tax exemption;
providing an appropriation for financial assistance under the Florida
Health Services Corps program; providing annual appropriations for the
Healthy Start Program, the area health education center program, and the
rural health networks; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care, Finance & Taxation and
Appropriations.
By Representatives Lippman and Arnall-
HB 921-A bill to be entitled An act relating to medical review
committees; amending s. 766.101, F.S.; expanding the definition of the
term "medical review committee" to include review committees of
corporations organized under the former provisions of chapter 617, F.S.
(1989); providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.
By Representative Mackey-
HB 923-A bill to be entitled An act relating to health maintenance
organizations; amending s. 641.19, F.S.; revising the definition of "health
maintenance organization"; amending s. 641.31, F.S.; requiring health
maintenance organizations that offer optometric services to provide the
services of optometrists; reenacting s. 641.495(3), F.S.; relating to issuance
of a healthcare provider certificate, to incorporate the amendment of s.
641.19, F.S., in reference thereto; amending s. 641.51; revising provisions
relating to quality assurance programs of health maintenance
organizations; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Mackey-
HB 925-A bill to be entitled An act relating to hospitals; amending s.
395.0191, F.S., relating to applications for staff membership and clinical
privileges; providing for certain consideration of licensed optometrists;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation
and Appropriations.
By Representative Mackey-
HB 927-A bill to be entitled An act relating to medical review
committees; amending s. 766.101, F.S.; expanding the definition of the
term "medical review committee" to include review committees of
optometric service plan corporations; expanding the definition of the term
"health care providers" to include optometrists; providing immunity from
liability licensed optometrists for furnishing information during the
quality assurance process; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Health Care and Appropriations.

By Representative McAndrews-
HB 929-A bill to be entitled An act relating to drivers' licenses;
amending s. 322.095, F.S.; requiring all first time applicants to attend an
education program; providing an effective date.

JOURNAL OF THE HOUSI

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Transportation and Appropriations.

By Representatives McClure, Ogles, Glickman, Rayson, Sindler and
McMahan-
HB 931-A bill to be entitled An act relating to the supplemental
corporate fee; amending s. 607.193, F.S.; exempting all not-for-profit
corporations from the supplemental corporate fee; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation and
Appropriations.

By Representative McMahan-
HB 933-A bill to be entitled An act relating to the sale or lease of
business opportunities; amending s. 559.801, F.S.; clarifying a definition;
amending s. 559.805, F.S.; imposing an annual fee for certain purposes;
amending s. 559.809, F.S.; prohibiting misrepresentation by sellers in
certain circumstances; amending s. 559.813, F.S.; specifying certain entities
as enforcing authorities; authorizing certain civil actions, including
penalties; providing for certain remedies; providing for termination of
investigations or actions under certain circumstances; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture & Consumer Services,
Finance & Taxation and Appropriations.

By Representative McClure-
HB 935-A bill to be entitled An act relating to elections; amending s.
98.051, F.S.; requiring county tax collectors' offices to provide voter
registration services during regular business hours; shortening the period
during which the registration books are closed; amending s. 98.231, F.S.,
relating to the supervisor of elections furnishing the Department of State
with the number of registered electors following the closing of the
registration books, to conform; amending s. 98.081, F.S.; providing for
immediate restoration of a convicted felon's name to the registration books
upon proof of restoration of civil rights; amending s. 98.301, F.S., relating
to the removal of names from the registration books following receipt of
lists of deceased persons, persons adjudicated mentally incompetent, and
persons convicted of a felony, to conform; amending s. 101.021, F.S.;
authorizing all qualified, registered electors to vote in primary elections;
providing restrictions on such voting; providing penalties; amending s.
101.5606, F.S., relating to electronic or electromechanical voting systems,
to conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representatives McClure, Boyd, Pruitt, Ogles and Posey-
HB 937-A bill to be entitled An act relating to sentencing; requiring
courts to state the dates projected for defendants to be released based upon
information provided by the Department of Corrections; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative McClure-
HB 939-A bill to be entitled An act relating to ad valorem tax
exemptions; amending ss. 196.081 and 196.091, F.S.; revising procedures
and requirements 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 surviving spouse
under certain conditions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

February 9, 1993

E OF REPRESENTATIVES 85

By Representatives McClure and McMahan-
HB 941-A bill to be entitled An act relating to attorney's fees in
dependency proceedings; amending s. 27.52, F.S., relating to determination
of indigency; requiring nonindigent parents or legal guardians to pay costs
of legal representation in dependency proceedings and providing liability
for appointed counsel; reenacting ss. 27.51(1), 39.041, 392.55(4)(c), and
392.56(3)(c), F.S., relating to duties of public defender, right to counsel in
certain juvenile proceedings, physical examination and treatment, and
hospitalization, placement, and residential isolation, to incorporate the
amendment to s. 27.52, F.S., in references thereto; amending s. 39.415, F.S.;
providing authority to order nonindigent parents or legal guardians to pay
costs of legal representation appointed to represent the parent or legal
guardian in dependency proceedings; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representatives Merchant, Armesto-Garcia and Hanson-
HB 943-A bill to be entitled An act relating to municipal service
taxing units; amending s. 125.01, F.S.; authorizing municipalities or
portions thereof to elect to be included within existing units and providing
requirements with respect thereto; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representative Posey-
HB 945-A bill to be entitled An act relating to the Teacher's
Retirement System of Florida; amending s. 238.07, F.S.; providing that
members may buy into the system to retire with less than 30 years of
creditable service; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Employee & Management Relations
and Appropriations.

By Representatives Rayson, Lawson, Jamerson, Lippman, Tobin,
Armesto-Garcia, Burke, Dawson, Eggelletion, Wallace, Schultz, Feeney,
Mishkin, Roberts, Glickman, Stafford, Sanderson, Mackenzie,
McAndrews, Hill, Miller, Jacobs and Feren-
HB 947-A bill to be entitled An act relating to managed health care;
creating s. 641.60, F.S.; providing definitions; creating the Statewide
Managed Care Ombudsman Committee; providing for membership,
powers, duties, staffing, and funding of the committee; requiring reports;
creating s. 641.65, F.S.; creating district managed care ombudsman
committees; providing for membership, powers, duties, staffing, and
funding of the committees; creating s. 641.70, F.S.; providing duties of the
Agency for Health Care Administration relating to the statewide and
district committees; creating s. 641.75, F.S.; providing committee members
immunity from liability for good faith action on behalf of an enrollee in a
managed care program; providing prohibited acts; providing a penalty;
providing for confidentiality; providing for review and repeal; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care and Appropriations.

By Representative Ritchie-
HB 949-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and
Appropriations.

86 JOURNAL OF THE HOUSE

By Representative Ritchie-
HB 951-SF-A bill to be entitled A proposal relating to
reapportionment.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representatives Mackey, Bitner, Boyd, Arnall, Safley, Minton, Ogles,
Bainter, Sembler and Stabins-
HB 953-A bill to be entitled An act relating to workers' compensation;
amending s. 20.171, F.S.; establishing a Workers' Compensation Appeals
Commission in the Department of Labor and Employment Security;
providing for appointing judges of the commission; providing terms;
providing powers and duties of the commission; authorizing the
commission to charge certain fees; providing for a clerk of the commission;
providing duties of the clerk; amending s. 27.34, F.S.; authorizing the
Insurance Commissioner to contract with state attorneys to prosecute
certain criminal violations and to contribute funds to pay salaries and
expenses of certain assistant state attorneys for certain purposes;
requesting The Florida Bar to petition the Supreme Court to adopt certain
rules related to the commission; creating s. 287.044, F.S.; requiring
compliance with the Workers' Compensation Law; amending s. 287.058,
F.S.; requiring certain contracts to contain a provision for maintaining
continuous workers' compensation security; amending s. 440.015, F.S.;
providing for statutory construction; providing legislative intent;
amending s. 440.02, F.S.; revising certain definitions; amending s. 440.05,
F.S.; providing for election and revocation of election of an exemption;
amending s. 440.055, F.S.; requiring notice of noncoverage at worksites
under certain circumstances; amending s. 440.09, F.S.; providing for extent
of workers' compensation coverage; requiring injuries to be established by
medical evidence; clarifying compensation for subsequent injuries related
to preexisting conditions; amending s. 440.092, F.S.; excluding from certain
travel benefits certain travel to and from work; amending s. 440.10, F.S.;
deleting a requirement that contractors or subcontractors show proof of
workers' compensation coverage before receiving a building permit;
deleting a penalty; amending s. 440.101, F.S.; clarifying legislative intent
related to drug-free workplaces; amending s. 440.102, F.S.; clarifying drug-
free workplace program provisions; requiring that an employee or
applicant acknowledge receiving a drug-testing policy statement; creating
s. 440.103, F.S.; requiring contractors to show proof of secured
compensation for employees to receive a building permit; providing for a
certificate of such proof; creating s. 440.104, F.S.; providing for actions for
damages by losers of competitive bidding against certain winners of such
bidding; specifying recovery of damages; providing for attorney's fees;
providing exceptions; providing for joinder in such actions; barring certain
actions under certain circumstances; creating s. 440.105, F.S.; prohibiting
certain activities; providing penalties; creating s. 440.106, F.S.; providing
civil remedies under certain circumstances; authorizing the Division of
Workers' Compensation to impose certain penalties; creating s. 440.107,
F.S.; providing powers of the division to enforce compliance with coverage
requirements; authorizing the division to assess penalties; amending s.
440.11, F.S.; providing immunity from liability to counties with respect to
employees of certain constitutional officers; amending s. 440.13, F.S.;
revising provisions related to providing medical services and supplies;
providing definitions; requiring employers to furnish medical treatment;
providing for provider eligibility for payment; providing for authorizations
for payments to providers; requiring Health care providers to submit
certain reports to carriers under certain circumstances; providing for
independent medical examinations; providing for utilization review;
providing for resolution of utilization and reimbursement disputes;
providing for penalties for overutilization or certain violations of chapter
440, F.S.; providing for certification of expert medical advisors; requiring
the division to contract with such advisors to provide peer review or
medical consultation under certain circumstances; providing for audits by
the division; providing for division jurisdiction; creating a three-member
panel to adopt schedules of reimbursement allowances; providing for
managed care; providing for removal of physicians from certain lists;
providing for payment of medical fees; amending s. 440.15, F.S.; clarifying
an employee's burden in proving permanent total disability; providing for
continued vocational evaluations or testing under certain circumstances;
prohibiting findings of permanent total disability for sheltered
employment under certain circumstances; excluding from benefits
employees who refuse to apply for or cooperate with application for social

i]

E OF REPRESENTATIVES February 9, 1993

security benefits; providing for establishment of a uniform permanent
impairment rating schedule; providing for determinations of permanent
impairment by certain persons; clarifying wage-loss benefits
determinations; providing additional procedural requirements related to
benefits for temporary partial disability; providing for repayment of
indemnity benefits for which there was no entitlement; amending s. 440.16,
F.S.; increasing required amount for funeral expenses; amending s. 440.185,
F.S.; clarifying procedures related to notice of injury or death; deleting a
requirement that the division monitor certain provision of benefits;
amending s. 440.19, F.S.; clarifying procedures for filing claims for benefits;
providing for withdrawal of claims; deleting a requirement that the division
assist certain injured employees; deleting provisions relating to requiring
a judge of compensation claims to mail claims to the division and requiring
the division to facilitate the resolution of conflicts in workers'
compensation cases; creating s. 440.191, F.S.; creating the Employee
Assistance Office in the division; providing procedures, duties, and
responsibilities of the office; amending s. 440.20, F.S.; clarifying conditions
of payment of benefits; deleting a requirement that the division assess a
fine under certain circumstances; clarifying provisions related to lump-sum
payments; amending s. 440.21, F.S.; deleting a penalty related to invalid
employer-employee agreements; creating s. 440.211, F.S.; authorizing
certain collective bargaining agreements; providing criteria; amending s.
440.25, F.S.; clarifying provisions requiring a pretrial hearing and a final
hearing under certain circumstances; providing procedures for expediting
resolution of claims; clarifying procedures for resolution of claims;
amending s. 440.271, F.S.; providing for appeal to the Workers'
Compensation Appeals Commission; creating s. 440.272, F.S.; providing for
judicial review of orders of the Workers' Compensation Appeals
Commission; amending s. 440.29, F.S.; requiring receipt into evidence by
a judge of compensation claims of certain medical reports; creating s.
440.345, F.S.; requiring reporting of attorney's fees to the division;
amending s. 440.37, F.S.; deleting provisions providing penalties for
misrepresentation or fraudulent activities; providing for notice of criminal
violations; requiring that claimants sign the notice; amending s. 440.38,
F.S.; revising and clarifying provisions requiring security for payments of
compensation; requiring carriers to maintain claims adjusters in this state;
deleting a penalty for failure to comply; amending s. 440.381, F.S.; revising
a penalty for understating payroll or misrepresenting employee duties;
amending s. 440.442, F.S.; specifying a code of judicial conduct for judges
of compensation claims and judges appointed to the Workers'
Compensation Appeals Commission; requiring disclosure of financial
activities and providing for public financial reporting; amending s. 440.45,
F.S.; providing for nominations of judges of compensation claims by a
Labor Management Board; clarifying provisions relating to duties of judges
of compensation claims; amending s. 440.48, F.S.; specifying reports of the
division; requiring the division to conduct quarterly analyses of injuries by
risk classification; requiring the division to study certain issues; amending
s. 440.49, F.S.; revising provisions relating to reemployment of injured
workers and rehabilitation; providing definitions; providing for
reemployment status reviews and reports; providing for reemployment
assessments; providing for medical care coordination and reemployment
services; providing for training and education; specifying provider
qualifications; requiring the division to monitor selection of providers and
provision of services; revising provisions related to limiting liability for
subsequent injuries through the Special Disabilities Trust Fund; providing
for a preferred worker program; providing for temporary compensation and
medical benefits; revising the list of compensable injuries; amending s.
440.50, F.S.; authorizing the division to transfer amounts from the Special
Disability Trust Fund to the Insurance Commissioner's prosecutorial
account in the Insurance Commissioner's Regulatory Trust Fund; creating
s. 440.576, F.S.; providing for venue in assessment actions; creating s.
440.577, F.S.; creating the Florida Self-Insurers Fund Guaranty
Association; providing definitions; providing purposes of the association;
providing for a board of directors; providing powers and duties of the
association; providing for assessments of self-insurers; providing for a plan
of operation; providing for prevention of insolvencies; requiring records of
the association to be public records; providing for liability of members of
an impaired self-insurer's fund for unpaid claims; providing for immunity
from liability under certain circumstances; prohibiting advertisement or
solicitation; creating s. 440.578, F.S.; requiring contingency deposits by
certain insurers under certain circumstances; specifying criteria and
procedures for such deposits; creating s. 440.593, F.S.; authorizing the
division to collect certain data; creating s. 440.595, F.S.; requiring the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

division to establish a pilot program to have health care providers or
managed care organizations provide certain medical opinions; requiring
the department to report on such program to the Labor Management
Board and the Governor; authorizing the division to adopt rules; creating
s. 440.60, F.S.; creating the Office of Employee's Counsel; providing
purposes; creating the position of chief counsel; providing duties .of the
chief counsel; providing for funding of the office; providing for notice to
employees of the existence and functions of the office; providing rights and
responsibilities; providing qualifications of staff attorneys; providing for
legal assistance; prohibiting certain representation by claimants; providing
for confidentiality; authorizing the office to adopt rules; creating s. 440.80,
F.S.; establishing a Workers' Compensation Labor Management Board;
providing purposes; providing for appointment of board members;
providing for powers and duties of the board; providing for organization of
the board; providing for an executive director; providing for travel and per
diem expenses; creating the "Florida Occupational Safety and Health Act,"
consisting of ss. 442.001, 442.002, 442.003, 442.004, 442.005, 442.006,
442.007, 442.008, 442.009, 442.010, 442.011, 442.012, 442.013, 442.014,
442.015, 442.016, 442.017, 442.018, 442.019, 442.020, 442.021, and 442.022,
F.S.; providing a short title; providing definitions; providing legislative
intent; providing penalties for employers who fail or refuse to comply with
division rules; providing that funding for administering chapter 442, F.S.,
is to come from the Workers' Compensation Administration Trust Fund;
authorizing the division to enter and inspect places of employment for
purposes of compliance; providing a penalty for refusing to admit;
providing employees' rights and responsibilities; providing for compliance;
prohibiting making false statements to carriers; providing penalties for
carriers under certain circumstances; providing preemptive authority to
the division to adopt certain rules; prohibiting certain acts; creating s.
627.212, F.S.; providing for imposing a workplace safety program
surcharge; creating s. 624.522, F.S.; establishing the Insurance
Commissioner's prosecutorial account in the Insurance Commissioner's
Regulatory Trust Fund; providing for deposit of moneys into the account;
requiring the Insurance Commissioner to submit a report accounting for
expenditures from the account; repealing s. 440.34, F.S., relating to
attorney's fees and costs; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation and
Appropriations.
By Representatives Rojas, Manrique, Barreiro, Sanderson, Valdes,
Villalobos, Greene, Kerrigan, Rayson, Rudd, Morse, Safley, Rush, Tobin,
Stafford, Albright, Jones, Harris, Kelly, McMahan, Jamerson, McClure,
Futch, Minton, Fuller, Mackenzie and Armesto-Garcia-
HB 955-A bill to be entitled An act relating to the Florida Motor
Vehicle Repair Act; amending s. 559.901, F.S.; correcting a reference;
amending s. 559.902, F.S.; providing for scope and application; amending
s. 559.903, F.S.; providing definitions; creating s. 559.904, F.S.; providing
for motor vehicle repair shop registration; providing for application for
exemption; providing fees; amending s. 559.907, F.S.; correcting a
reference; amending s. 559.909, F.S.; revising language with respect to
unlawful charges; amending s. 559.911, F.S.; providing for additional
information on the required repair invoice; amending s. 559.915, F.S.;
requiring the keeping of customer records for an additional time period;
providing for access to records by the Department of Agriculture and
Consumer Services; creating s. 559.916, F.S.; providing for required
disclosure, signs, and notice to customers; amending s. 559.919, F.S.;
correcting a reference; creating s. 559.920, F.S.; providing for unlawful acts
and practices; renumbering and amending s. 559.923, F.S., relating to
remedies; creating s. 559.922, F.S.; providing for financial assistance with
respect to training; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture & Consumer Services,
Finance & Taxation and Appropriations.

By Representative Safley-
HB 957-A bill to be entitled An act relating to elections; amending s.
106.08, F.S.; reducing the aggregate amount of contributions a candidate
may accept from a political party and prohibiting political parties from
giving more than that amount; providing that certain services are not
contributions for the purposes of this restriction if paid for by the party

and equally available to all candidates of the party; providing penalties;
amending s. 106.141, F.S.; eliminating the disposition of surplus funds by
donation to the political party of which the candidate is a registered
member; amending s. 106.19, F.S.; applying additional civil penalties to
political parties which exceed the contribution limits to candidates or
nominees of the party; amending s. 106.18, F.S., to conform; amending s.
106.29, F.S.; revising a filing deadline for certain reports by political parties
and providing fines for late filing of those reports; eliminating a provision
providing for an assessment on contributions which has been declared
unconstitutional; amending s. 106.295, F.S.; prohibiting the solicitation or
acceptance of contributions for any legislative campaign if such funds are
raised to enable a legislator to acquire or maintain a leadership position in
the Legislature; defining the term "leadership position"; requiring the
disposition of funds previously raised for such purpose and providing the
means available for such disposition; amending ss. 106.04 and 106.07, F.S.,
and repealing s. 106.32(3), F.S.; eliminating provisions providing for an
assessment on contributions which has been declared unconstitutional;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representative Safley-
HB 959-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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation.

By Representative R. Saunders-
HB 961-A bill to be entitled An act relating to excise tax on
documents; amending s. 201.15, F.S.; providing for distribution of a portion
of tax revenues to the Florida Preservation 2000 Trust Fund; providing an
appropriation for the first year's debt service on the fourth series of
Preservation 2000 bonds; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance & Taxation
and Appropriations.

By Representatives Sanderson and Ritchie-
HB 963-A bill to be entitled An act relating to juvenile justice
estimating conferences; amending s. 216.136, F.S.; establishing the
Juvenile Justice Estimating Conference and providing duties and
principals; amending s. 216.133, F.S., relating to the definitions of
"consensus estimating conference," to conform; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Sanderson-
HB 965-SF-A bill to be entitled A proposal relating to implementing
constitutional amendments submitted by the Tax and Budget Reform
Commission.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Governmental Operations and
Appropriations.
By Representative Sembler-
HB 967-A bill to be entitled An act relating to water-treatment
devices; amending s. 817.558, F.S.; deleting a requirement that
advertisements and solicitations for water-treatment devices contain
certain information with respect to operating, maintaining, and replacing
the devices; clarifying provisions; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Agriculture & Consumer Services and
Appropriations.

87

February 9, 1993

88 JOURNAL OF THE HOUSE

By Representative Simon-
HB 969-A bill to be entitled An act relating to employees; creating
"The Workers' Compensation Reform Act of 1993"; amending s. 20.171,
F.S.; creating an Industrial Relations Commission in the Department of
Labor and Employment Security; providing for judges of the commission;
providing for terms, appointment, powers, duties, and responsibilities of
judges; requesting The Florida Bar to petition the Florida Supreme Court
to adopt certain rules; creating s. 287.044, F.S.; providing for compliance
with chapter 440, F.S.; providing definitions; requiring a sworn statement
prior to bidding on a contract under certain circumstances; amending s.
287.058, F.S.; requiring certain contract documents to contain certain
payment security provisions; amending ss. 350.0611 and 350.0613, F.S.;
providing additional responsibilities of representation for the Public
Counsel; amending s. 440.02, F.S.; providing definitions; amending s.
440.05, F.S.; providing for election of exemption; providing for revocation
of an election; amending s. 440.055, F.S.; deleting the requirement that
employer affidavits be made annually; amending s. 440.09, F.S.; revising
coverage provisions related to injuries due to alcohol or drug abuse;
amending s. 440.10, F.S.; deleting a penalty; authorizing the Division of
Workers' Compensation of the Department of Labor and Employment
Security to assess a penalty against certain employers; amending s. 440.101,
F.S.; revising legislative intent; amending s. 440.102, F.S.; revising
provisions related to the drug-free workplace program; providing certain
employers are ineligible for certain discounts; providing additional
requirements for followup testing; providing for payment of medical
treatments; providing a penalty; providing that certain screening and
testing need not comply with certain rules; providing additional employer
protection provisions; creating s. 440.103, F.S.; requiring proof of secured
compensation as a condition to receiving a building permit; creating s.
440.104, F.S.; providing for civil actions for competitive bidders; creating
s. 440.105, F.S.; prohibiting certain activities; providing penalties; creating
s. 440.106, F.S.; providing for civil remedies, stop-work orders, and liens
under certain circumstances; authorizing the division to bring certain
actions; amending s. 440.11, F.S.; extending to county governments certain
immunity from liability; amending s. 440.13, F.S.; requiring employers to
provide certain medical services and supplies; providing for eligibility of
providers; requiring notice of treatment to carriers; providing for
independent medical examinations; providing for utilization review;
providing for resolving utilization and reimbursement disputes; providing
for certification of expert medical advisors; providing for witness fees;
providing for audits by the division; providing for creation of a three-
member panel; providing duties; providing for managed care; amending s.
440.135, F.S.; providing legislative intent regarding certain pilot programs;
providing for additional pilot programs; amending s. 440.15, F.S.; requiring
the three-member panel to establish and use a uniform permanent
impairment guide; specifying a basis for the guide; requiring certain forms
to be filed for temporary partial disability; providing for repayment of
certain benefits under certain circumstances; amending s. 440.16, F.S.;
revising certain provisions related to compensation for death; amending s.
440.185, F.S.; revising certain provisions related to notice of injury or
death; deleting a requirement that the division forward certain files to a
judge of compensation claims; amending s. 440.19, F.S.; providing
additional claim filing requirements; amending s. 440.20, F.S.; requiring
the division to monitor the timely payment of compensation benefits;
providing additional permissible condition for lump-sum payment;
amending s. 440.21, F.S.; deleting a penalty; amending s. 440.25, F.S.;
revising provisions related to certain hearings held by a judge of
compensation claims; revising procedures related to such hearings;
authorizing the division to adopt rules; amending s. 440.271, F.S.; providing
for review of certain orders by the Industrial Relations Commission;
creating s. 440.2715, F.S.; providing for review of orders of the Industrial
Relations Commission; amending s. 440.29, F.S.; requiring receipt of
certain medical reports into evidence; amending s. 440.34, F.S.; deleting a
penalty; amending s. 440.37, F.S.; deleting provisions relating to
misrepresentation, fraudulent activities, and penalties; amending s. 440.38,
F.S.; revising provisions related to securing the payment of compensation
by employers; revising duties and responsibilities of the division and the
Department of Insurance and employers; requiring the Department of
Insurance to adopt rules; permitting employers to obtain coverage by use
of a 24-hour health insurance policy; specifying certain coverages; deleting
a penalty; amending s. 440.381, F.S.; requiring updating of certain
insurance applications; amending ss. 440.385 and 440.386, F.S.;
transferring certain responsibilities of the Division of Workers'

J]

E OF REPRESENTATIVES February 9, 1993

Compensation to the Department of Insurance; creating s. 440.4416, F.S.;
creating the Workers' Compensation Oversight Board; providing for
membership terms, duties, and responsibilities of the board; amending s.
440.45, F.S.; revising provisions relating to membership of the statewide
nominating commission; amending s. 440.48, F.S.; requiring the
department annually report to the Governor and the Legislature on
administration of chapter 440, F.S.; requiring the division to complete a
quarterly analysis of injuries resulting in claims; requiring the division to
submit an annual closed claim report to the Governor and the Legislature;
requiring the division to engage in certain continuous studies; creating a
premium data collection office in the Department of Labor and
Employment Security; amending s. 440.49, F.S.; revising provisions related
to reemployment and rehabilitation of injured workers; providing for
reemployment status review and reports; providing for reemployment
assessments; providing for medical care coordination and reemployment
services; providing for training and education; specifying provider
qualifications; providing for cost analysis; providing for permanent
disability settlements; providing for a study of the reimbursement levels
to employers for employment of the disabled; amending s. 440.57, F.S.;
revising provisions relating to employer liability pooling; providing for pool
formation, organization, and responsibilities, and membership; providing
procedures for failing to maintain adequate funds; providing for
assessments against fund members; providing penalties; providing for
dividends; creating s. 440.5703, F.S.; providing for application of certain
provisions to rate filings and applications of group self-insurer's funds;
providing for deviations and discounts; creating s. 440.573, F.S.;
authorizing the Board of Regents to provide coverage as a self-insurer
under certain circumstances; creating s. 440.574, F.S.; authorizing a group
self-insurer's fund to become an assessable mutual insurer; providing
requirements; amending s. 440.575, F.S., relating to local government
pools; providing for the submission of statements to the Department of
Insurance; creating s. 440.576, F.S.; providing for venue in certain
assessment actions; creating s. 440.577, F.S.; creating the "Florida Self-
Insurer's Fund Guaranty Association"; providing definitions; providing
purposes; providing for a board of directors; providing powers and duties
of the association; requiring the association to submit a plan of operation
to the division; providing for preventing self-insurer's fund insolvencies or
impairments; providing for public disclosure of certain records of the
association; providing for confidentiality of certain reports and
information of the association; providing for review and repeal; providing
for liability for unpaid claims; providing immunity; prohibiting certain
advertisements or solicitations; creating s. 440.592, F.S.; exempting certain
records, information, or reports of the Department of Labor and
Employment Security from public disclosure; providing exceptions;
providing for review and repeal; creating s. 440.593, F.S.; providing for data
collection by the Department of Labor and Employment Security; creating
s. 440.595, F.S.; providing for establishment of a pilot program for legal
assistance to injured workers; providing requirements of the program;
creating part I of chapter 442, F.S.; creating the "Florida Workplace Safety
and Health Act"; providing objectives; providing definitions; providing
duties and responsibilities of employers; providing powers and jurisdiction
of the division; providing for compensation of injured division employees;
providing duties of carriers; requiring the division to conduct certain
studies and investigations; providing penalties and sanctions; providing for
enforcement; providing for notice of death; creating the Occupational
Safety and Health Enhancement Trust Fund; specifying uses of the fund;
providing for deposit of moneys into the fund; requiring carriers to file
certified statements with the division; specifying employee rights,
obligations, and responsibilities; designating ss. 442.101-442.127, F.S., as
part II of chapter 442, F.S.; amending s. 442.102, F.S.; revising definitions;
amending ss. 442.103, 442.104, 442.105, 442.106, 442.107, 442.108, 442.109,
442.111, and 442.112, F.S.; placing the provisions relating to the Florida
Substance List and regulation of toxic substances under the authority of
the division; creating s. 442.110, F.S.; requiring labeling of toxic substance
containers; providing exceptions; amending s. 442.118, F.S.; exempting
certain employers from certain reporting requirements; amending s.
442.123, F.S.; deleting certain civil penalty and judicial restraint
provisions; amending s. 624.488, F.S.; providing for application of certain
laws; amending s. 627.091, F.S.; authorizing the Department of Insurance
to combine certain filing information in determining rates; amending s.
627.101, F.S.; requiring the department to publish certain approved filings;
providing for effect and operation of certain filings; repealing s. 627.111(2),
F.S., relating to effectiveness of certain filings; creating s. 627.212, F.S.;

JOURNAL OF THE HOUSI

authorizing the department to approve certain workers' compensation
coverage insurance rating plans; amending s. 627.4133, F.S.; excluding
workers' compensation insurance from certain notice provisions;
appropriating sums to the Office of Public Counsel, the Division of
Workers' Compensation and the Department of Insurance to implement
provisions of the act; requiring economic study of indemnity benefit
calculation method; creating a commission to study licensing of
laboratories and drug testing procedures; providing for membership;
requiring a report; repealing ss. 440.152, 440.43, 440.46, 440.56, 440.59,
442.116, 442.119, 442.125, 442.20, and 627.0915, F.S., relating to division
study of occupational diseases, penalty for failure to secure compensation,
investigations of the division, safety rules, a risk management report,
employee rights, contractor liability and responsibility, annual evaluation
reports, workplace safety, and rate filings for workers' compensation
insurance and drug-free workplace employers, respectively; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce, Finance & Taxation and
Appropriations.

By Representatives Stafford, Glickman, Mackenzie, Rayson, Pruitt,
Klein, Valdes, Clemons, Lippman, Shepard, Tedder, Hanson, Ireland,
Dawson, Ogles, Brennan, Hafner, Bronson, Sindler, Minton, R. Saunders,
Schultz and Boyd-
HB 971-A bill to be entitled An act relating to restitution; amending
s. 775.089, F.S.; expanding criteria for ordering restitution; 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. 39.022(4)(c),
538.07(2), 538.23(4), 810.115, 921.187(2), 944.17(5)(f), 947.147, 947.181(2),
948.03(1)(e), 948.032, and 960.001(1)(h), F.S., relating to juvenile
delinquency jurisdiction, secondhand dealers, secondary metals recyclers,
breaking or injuring fences, disposition and sentencing, correctional
commitments and classification, victim restitution as condition of control
release or parole, terms and conditions of probation and community
control, and guidelines for fair treatment of victims, to incorporate said
amendment in references thereto; requiring clerks of circuit courts to
survey unclaimed restitution accounts and requiring the Governor's Office
of Victims' Rights to make recommendations as to disbursement;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Stafford-
HB 973-A bill to be entitled An act relating to education, research,
and training authorities; providing for purpose of authorities; providing
definitions; providing for creation of authorities and membership thereof;
providing powers of authorities; providing for payment of expenses;
providing for acquisition of real property; amending ss. 243.30 and 243.33,
F.S.; revising provisions relating to educational facilities authorities;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education, Finance & Taxation and
Appropriations.
By Representative Stafford-
HB 975-A bill to be entitled An act relating to collateral sources of
indemnity; amending s. 768.76, F.S.; providing exceptions to a definition
of collateral source; requiring notice of tort claims be provided to certain
collateral sources; requiring certain subrogation rights to be asserted
within a certain time; specifying rights of reimbursement; providing for
resolution of certain disputes; limiting certain rights of subrogation of
insurers and health maintenance organizations; requiring collateral source
providers to cooperate with claimants under certain circumstances;
amending s. 641.31, F.S.; providing that certain reimbursement of health
maintenance organizations be in accord with certain collateral source
provisions; repealing s. 627.7372, F.S., relating to collateral sources of
indemnity; providing an effective date.

February 9, 1993

E OF REPRESENTATIVES 89

First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary and Appropriations.

By Representative Tedder-
HB 977-A bill to be entitled An act relating to the Uniform
Commercial Code; repealing s. 671.105(2)(d), F.S., relating to bulk
transfers; amending s. 672.403, F.S.; deleting a cross reference to bulk
transfers; repealing ch. 676, F.S., relating to bulk transfers; providing an
effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Upchurch-
HB 979-A bill to be entitled An act relating to vessel registration fees;
amending s. 327.25, F.S.; providing for a computer enhancement surcharge;
providing for collection and distribution; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources, Finance & Taxation
and Appropriations.

By Representative Valdes-
HB 981-A bill to be entitled An act relating to tax credits; creating s.
220.187, F.S.; providing an exemption from the state corporate income tax
for certain preventative cancer-screening procedures; providing eligibility
and application requirements; providing for administration by the
Department of Health and Rehabilitative Services; amending s. 220.02,
F.S.; providing order for applying credits against the corporate income tax;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Health Care, Finance & Taxation and
Appropriations.

By Representative Wallace-
HB 983-A bill to be entitled An act relating to the Workers'
Compensation Law; amending ss. 440.101, 440.102, F.S.; revising
requirements pertaining to the drug-free workplace program, including
notice and other procedural requirements; providing for collective
bargaining of certain drug-testing procedures; providing an employer civil
immunity for causes of action arising out of a drug-testing program or
procedure provided or performed in compliance with these requirements;
providing that no cause of action arises based on the failure of an employer
to establish a drug-testing program or policy; revising confidentiality
provisions; revising standards for drug-testing laboratories; providing for
reassignment or placement on leave of state employees while participating
in employee assistance programs or drug rehabilitation programs;
prohibiting an employer from refusing to deny medical and indemnity
benefits in accordance with the act; amending s. 440.13, F.S.; prohibiting
a health care provider from discontinuing, without good cause, authorized
remedial treatment, care, and attendance to an injured employee before
the receipt of certain notice from the carrier or self-insurer of the denial
of medical and indemnity benefits to that employee; providing penalties;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representative Warner-
HJR 985-A joint resolution proposing an amendment to Section 15 of
Article III and the creation of Section 21 of Article XII of the State
Constitution relating to terms of members of the House of Representatives.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Ethics & Elections.

By Representative Warner-
HJR 987-A joint resolution proposing an amendment to Section 16 of
Article III of the State Constitution relating to legislative apportionment.
First reading by publication (Art. III, s. 7, Florida Constitution).

90 JOURNAL OF THE HOUSE

Referred to the Committee(s) on Ethics & Elections and Appropriations.

By Representative Wise-
HB 989-A bill to be entitled An act relating to DUI programs; creating
s. 322.292, F.S., establishing the DUI Programs Commission, its
composition, function, and organizational placement; authorizing creation
of the DUI Programs Office to provide support for the Commission;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Criminal Justice and Appropriations.

By Representative Clemons-
HB 991-A bill to be entitled An act relating to Bay County; adding
section 10 to chapter 23183, Laws of Florida, 1945; providing for the
appointment of the Board of Trustees of Bay Medical Center; providing
an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Health Care.

By Representative Posey-
HB 993-A bill to be entitled An act relating to Brevard County;
authorizing the enactment of ordinances prohibiting the taking of fish from
any residential, manmade saltwater canal with certain exceptions;
providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Natural Resources
and Appropriations

By Representative Warner-
HB 995-A bill to be entitled An act relating to Martin County;
amending ss. 10 and 17 of ch. 78-560, Laws of Florida, relating to the
powers and duties of the Environmental Control Hearing Board; providing
an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Natural Resources
and Appropriations.

By Representative Boyd-
HB 997-A bill to be entitled An act relating to Wakulla County;
amending ch. 65-905, Laws of Florida, relating to saltwater demarcation
line; establishing the line at latitude thirty degrees nine minutes five
seconds at Wakulla and St. Marks rivers; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Natural Resources
and Appropriations.

By Representatives Davis, Martinez, Laurent, Safley, Glickman,
Jamerson, Ogles, Miller, Buddy Johnson, Crist and Littlefield-
HB 999-A bill to be entitled An act relating to the Children's Board
of Hillsborough County; repealing s. 3, ch. 92-238, Laws of Florida;
continuing the temporary partial exemption granted to the board by ch.
92-238 from the payment of fees, taxes, or increment revenue to
community redevelopment agencies created pursuant to part III of ch. 163,
F.S., indefinitely, by repealing the expiration clause for that exemption;
providing for contingent retroactive operation; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Tourism &
Economic Development, Finance & Taxation and Appropriations.

I

E OF REPRESENTATIVES February 9, 1993

By Representative Brown-
HB 1001-A bill to be entitled An act relating to the Sarasota-Manatee
Airport Authority; providing for the relief of Laurence Wallenstein, widow
of Frank Colton Wallenstein, and Jennifer Wallenstein, Melanie
Wallenstein, and Leif Wallenstein, children of Frank Colton Wallenstein,
to permit the Sarasota-Manatee Airport Authority to compensate them for
the death of Frank Colton Wallenstein by providing them with a death
benefit equal to the benefit credited to Frank Colton Wallenstein under the
Sarasota-Manatee Airport Authority retirement plan as of the time of his
death; providing an appropriation; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Judiciary.

By Representative Thrasher-
HB 1003-A bill to be entitled An act relating to biomedical waste;
amending s. 381.0098, F.S.; exempting from annual permit requirements
any biomedical generator generating less than 25 pounds of biohazardous
waste in each 30-day period; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Natural Resources and Appropriations.

By Representative Healey-
HB 1005-A bill to be entitled An act relating to Palm Beach County,
relating to the Solid Waste Authority of Palm Beach County; amending
chapter 75-473, Laws of Florida, as amended, amending section 6,
subsection (17); amending the definition of "cost of acquisition and/or
construction"; amending section 6, adding a new subsection to be
numbered (20); defining the term "Derivative Agreements"; amending
section 7, subsection (24), renumbering the existing subsection (24) to (25),
and enacting a new subsection (24); authorizing the Authority to enter into
derivative agreements under certain conditions; providing a finding of
public purpose, which amendments provide express authority for the
Authority to enter into various types of derivative contracts and
agreements in connection with, or incidental to, the authorization, sale,
and/or issuance of bonds, notes, or bond anticipation notes; providing
express authority for the Authority to issue bonds, notes, or bond
anticipation notes in connection with financing any fees, payments, and
expenses relating to such derivative contracts and agreements; providing
that this act shall be a supplemental and alternative authority to any other
provisions of special or general law; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Natural Resources
and Appropriations.

By Representative Feren-
HB 1007-A bill to be entitled An act relating to the Cities of
Lauderhill and Plantation, Broward County; placing five parcels of land
within the corporate limits of the City of Plantation into the City of
Lauderhill and placing one parcel of land presently within the City of
Lauderhill into the City of Plantation, to redefine such Cities' common
boundaries; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs.

By Representatives Kelly, Bainter, Webster, McMahan, Stabins and
Sindler-
HB 1009-A bill to be entitled An act relating to Lake County;
providing for liens in favor of operators of hospitals in Lake County upon
causes of actions, suits, claims, counterclaims and demands accruing to
patients therein, or their legal representatives, and upon judgments,
settlements and settlement agreements, on account of illness or injuries of
such patients, for all reasonable charges for hospital care, treatment, and
maintenance necessitated by such illness or injuries; providing for method
of perfecting and enforcing such liens, and recovery of costs, attorney's fees
and expenses, and where suits thereon may be maintained; forbidding

JOURNAL OF THE HOUSE OF REPRESENTATIVES

recovery of damages for hospital care, treatment, and maintenance, unless
claimant therefore has paid costs thereof except in certain cases; providing
for intervention by lienholder and verdict and judgment in favor of
lienholder in certain cases; requiring claims for lien to be recorded and fees
for recording; providing that no release or satisfaction shall be valid against
lien unless lienholder joins therein or executes release; providing that
acceptance of release or satisfaction of any cause of action, suit, claim,
counterclaim, demand, or judgment and any settlement in absence of
release or satisfaction of lien shall prima facie constitute impairment of
such lien, and giving lienholder right of action at law for damages on
account of such impairment, and providing for recovery from one accepting
release or satisfaction or making settlement; exempting from provisions of
this act matters within purview of the Workmen's Compensation Law of
this state; providing an effective date.
Proof of publication of the required notice was attached.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs and Health Care.

By Representative Davis-
HB 1011-A bill to be entitled An act relating to community colleges;
amending s. 240.311, F.S.; revising duties of the State Board of Community
Colleges; amending s. 240.313, F.S.; revising membership of district boards
of trustees; amending s. 240.324, F.S.; revising community college planning
relating to the accountability process; requiring automated student records
systems; amending s. 240.325, F.S.; revising provisions relating to
guidelines for community colleges; amending s. 240.331, F.S.; conforming
provisions; amending s. 240.347, F.S.; revising provisions relating to the
State Community College Program Fund; providing 'community college
program requirements; amending s. 240.359, F.S.; providing for community
college budgets and budget categories; repealing ss. 240.349 and 240.361,
F.S., relating to requirements for participation in the Community College
Program Fund and budgets for community colleges; providing an effective
date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Higher Education and Appropriations.

By Representatives Dawson and Ireland-
HB 1013-A bill to be entitled An act relating to taxation; amending
s. 212.05, F.S.; providing that for purposes of part I of chapter 212 and s.
365.171, F.S., pay telephone service shall not be subject to "911" fees;
providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Business & Professional Regulation,
Finance & Taxation and Appropriations.

By Representatives Dawson and Miller-
HB 1015-A bill to be entitled An act relating to the Uniform
Commercial Code; amending s. 679.402, F.S.; requiring certain financial
statements to be printed in certain type; requiring a debtor to be orally
advised of intent to file a financial statement; amending s. 679.501, F.S.;
providing for discharge of certain security interests under certain
circumstances; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Commerce and Appropriations.

By Representatives Dawson, Miller, Lawson, Burke, Greene, Jamerson,
Rayson, Eggelletion, Bush, Dennis, Hill, McAndrews, Schultz, De Grandy,
Chestnut, Garcia, Logan and Reddick-
HB 1017-A bill to be entitled An act relating to minority health;
creating the "Minority Health Improvement Act"; providing definitions;
providing legislative findings and intent; creating a study commission on
minority health; providing membership; providing for administration,
organization, and staff; providing duties; requiring an interim and final
report to the Governor and Legislature; providing for the expiration of the
commission; providing an appropriation; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).

Referred to the Committee(s) on Health Care and Appropriations.

By Representatives Dawson, Miller, Rayson, Schultz and Bullard-
HB 1019-A bill to be entitled An act relating to building code
enforcement; amending s. 553.80, F.S.; providing that the schedule of fees
adopted by an enforcing agency shall include an exemption from back
enforcement fees for certain purchasers of property who will rehabilitate
the property to provide affordable housing; providing an effective date.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Community Affairs, Finance &
Taxation and Appropriations.

By Representatives Feeney, Valdes, Sanderson, De Grandy,
Buddy Johnson, Armesto-Garcia, Villalobos, Barreiro, Webster, Bainter,
Littlefield, Fuller, Bronson and Kelly-
HB 1021-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 and requirements
for participating schools; 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.
First reading by publication (Art. III, s. 7, Florida Constitution).
Referred to the Committee(s) on Education and Appropriations.

By Representatives Feeney, Mortham, Armesto-Garcia, Thrasher,
Webster, Thomas, Valdes, Hawkes, Jones, Arnall, Bainter,
Buddy Johnson, Merchant, Hanson, Warner, Casey, King, Wise, Ireland,
Stabins, Safley, Benson, Kerrigan and Sanderson-
HB 1023-A bill to be entitled An act relating to public assistance;
creating the Human Support System Act of 1993; providing definitions;
providing legislative intent and purpose for a 5-year plan to convert the
state's social services delivery system into a new statewide Human Support
System; providing goals, principles, and critical success factors; requiring
pilot projects to test and evaluate programmatic features in rural and
urban settings and to acquire certain family responsibility concept data;
providing that the Human Support System be operated on the principle
of time-limited duration of benefit payments in exchange for concentrated,
intensive case management featuring high-quality holistic services
provided on a continuum progressing from dependence through
independence to contribution; providing for waivers from state and federal
law; requiring data collection and a comprehensive evaluation component
for all phases and programs of the Human Support System and its pilot
projects; providing for twin pilot project site selection and advisory board
establishment; providing for a 5 percent across-the-board reduction of
benefits at the inception of the pilot projects, for all participants, to defray
the costs of the program; providing for certain exemptions and exceptions
to system limitations; providing for screening and assessment, family
resource centers, colocated integrated services delivered through a single
delivery system, participant notification, certain changes in AFDC
requirements intended to encourage independence, employment,
education, and two-parent families, including certain asset accumulation,
options for support services and intent to utilize private alternatives to
provide optional support services, required and optional workfare
programs, revision in funding source for the child support enforcement
program and streamlining of child support collection processes by various
means, including attorney's fees awards, administrative penalties, and
inducements to women to identify the fathers of their children, income and
earnings and other disregards, and expansion of Project Independence,
subsidized child care, and Medicaid programs; providing program
participation requirements and nonparticipation penalties, including
contempt, the withholding of benefits, and the payment of costs and
attorney's fees; requiring hours of community service; providing
requirements for the conduct of the marriage encouragement and family
responsibility variant of the twin pilot projects; providing for marriage
bonuses under certain circumstances and providing for certain family size

February 9, 1993

91

	Title Page
	Members of the House of Repres...
	February 1993
	March 1993
	April 1993
	Index