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 November 1994
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PAGE2 ii
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PDIV3 November
PDIV4 Tuesday, SUB1
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PDIV5 Index
PDIV6 Miscellaneous Subjects
PAGE36 27


Journal of the Florida House of Representatives
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 Related Items
Preceded by: Journal of the House of Representatives of the session of ...

Table of Contents
    Title Page
        Page i
    Members of the House of Representatives Organization Session
        Page ii
        Page iii
        Page iv
        Page v
        Page vi
        Page vii
        Page viii
        Page ix
    November 1994
        Tuesday, November 22
            Page 1
            Page 2
            Page 3
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
            Page 9
            Page 10
            Page 11
            Page 12
            Page 13
            Page 14
            Page 15
            Page 16
            Page 17
            Page 18
            Page 19
            Page 20
            Page 21
            Page 22
            Page 23
            Page 24
            Page 25
            Page 26
    Index
        Miscellaneous Subjects
            Page 27
Full Text




Journal

of the

Florida
House of Representatives



Organization Session
November 22, 1994

of the
Seventy-seventh House
since Statehood in 1845








MEMBERS OF THE HOUSE OF REPRESENTATIVES
[Democrats in roman (63); Republicans in italic (57)]



District
1. Parts of Escambia, Okaloosa, Santa Rosa
Jerrold "Jerry" Burroughs, Cantonment
2. Part of Escambia
Jerry Louis Maygarden, Pensacola
3. Part of Escambia
Buzz Ritchie, Pensacola
4. Parts of Escambia, Okaloosa, Santa Rosa
Jerry G. Melvin, Fort Walton Beach
5. Holmes, Washington and parts of Okaloosa,
Walton
Durell Peaden, Jr., Crestview
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
Marjorie R. Turnbull, 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
Earl Ziebarth, DeLand
27. Part of Volusia
Evelyn J. Lynn, Ormond Beach
28. Part of Volusia
Jack Ascherl, New Smyrna Beach
29. Part of Brevard
Randy John Ball, Mims
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, Casselberry
35. Parts of Orange, Seminole
Bob Brooks, Winter Park
36. Part of Orange
Allen Trovillion, Winter Park
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
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
Helen L. Spivey, Crystal River
44. Parts of Hernando, Lake, Pasco, Polk, Sumter
Jeff "Stabe" Stabins, Spring Hill
45. Parts of Hernando, Pasco
Mike Fasano, New Port Richey
46. Part of Pasco
Debra A. "Deb" Prewitt, New Port Richey
47. Parts of Hillsborough, Pinellas
Rob Wallace, Tampa
48. Parts of Hillsborough, Pinellas
R. Z. "Sandy" Safley, Clearwater
49. Part of Pinellas
Larry Crow, Palm Harbor
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
Rudolph "Rudy" Bradley, St. Petersburg
56. Part of Hillsborough
Jim Davis, Tampa
57. Part of Hillsborough
Faye B. Culp, Tampa
58. Part of Hillsborough
Elvin L. Martinez, Tampa



59. Part of Hillsborough
Lesley "Les" Miller, Jr., Tampa



District
60. Part of Hillsborough
Victor D. Crist, Temple Terrace
61. Parts of Hillsborough, Pasco
Carl 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
Mark G. Flanagan, Bradenton
69. Part of Sarasota
Shirley Brown, Sarasota
70. Part of Sarasota
Lisa Carlton, Sarasota County
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
Ralph L. Livingston, Fort Myers
76. Part of Collier
Burt L. Saunders, 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








District
81. Parts of Martin, St. Lucie
Kenneth P. "Ken" Pruitt, Port St. Lucie
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
Lois J. Frankel, West Palm Beach
86. Part of Palm Beach
Edward J. "Ed" Healey, West Palm Beach
87. Part of Palm Beach
William F. "Bill" Andrews, Delray Beach
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. Feren, Sunrise
99. Part of Broward
Anne Mackenzie, Fort Lauderdale
100. Part of Broward
Frederick "Fred" Lippman, Hollywood



District
101. Parts of Broward, Dade
Steven A. Geller, Hallandale
102. Parts of Collier, Dade
Luis E. Rojas, Hialeah
103. Part of Dade
Willie F. Logan, Opa-locka
104. Part of Dade
Kendrick B. Meek, Miami
105. Part of Dade
Sally A. Heyman, North Miami Beach
106. Part of Dade
Elaine Bloom, Miami Beach
107. Part of Dade
Bruno A. Barreiro, Miami Beach
108. Part of Dade
Beryl D. Roberts-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
112. Part of Dade
J. Alex Villalobos, Miami
113. Part of Dade
Luis C. Morse, Miami
114. Part of Dade
Jorge Rodriguez-Chomat, Miami
115. Part of Dade
Alex Diaz de la Portilla, Westchester
116. Part of Dade
Annie Betancourt, Miami
117. Part of Dade
Carlos A. Lacasa, Miami
118. Part of Dade
Larcenia J. Bullard, Miami
119. Part of Dade
John F. Cosgrove, Miami
120. Monroe and part of Dade
Deborah James "Debbie" Horan, Key West



OFFICERS OF THE HOUSE OF REPRESENTATIVES



Speaker-Peter R. Wallace
Speaker pro tempore-Jack Ascherl



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









MEMBERS OF THE HOUSE OF REPRESENTATIVES



George Albright (R)
Ocala
District 24



William F. "Bill" Andrews (R) Joseph "Joe" Amall (R)
Delray Beach Jacksonville Beach
District 87 District 18



J. Keith Arnold (D)
Fort Myers
District 73



Jack Ascherl (D)
New Smyrna Beach
District 28



,* U' T< l







Stan Bainter (R)
Eustis
District 25



Elaine Bloom (D)
Miami Beach
District 106



Bob Brooks (R)
Winter Park
District 35



Randy John Ball (R)
Mims
District 29



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



Bruno A. Barreiro (R)
Miami Beach
District 107













Rudolph "Rudy" Bradley (D)
St. Petersburg
District 55



Annie Betancourt (D)
Miami
District 116



Mary Brennan (D)
Pinellas Park
District 51



David I. "Dave" Bitner (R)
Port Charlotte
District 71



Irlo "Bud" Bronson (D)
Kissimmee
District 79



^ -::- -^

HB~g* -J^Bfcl



Shirley Brown (D)
Sarasota
District 69



Larcenia J. Bullard (D)
Miami
District 118



Jerrold "Jerry" Burroughs (R)
Cantonment
District 1



James Bush III (D)
Miami
District 109



Robert K. "Bob" Casey, M.D. (R) Cynthia Moore Chestnut (D)
Gainesville Gainesville
District 22 District 23



Scott W. Clemons (D)
Panama City
District 6



D. Lee Constantine (R)
Altamonte Springs
District 37



Lisa Carlton (R)
Sarasota County
District 70



. .
























John F. Cosgrove (D)
Miami
District 119



Marvin Couch (R)
Oviedo
District 33



George A. Crady (D)
Yulee
District 12



Victor D. Crist (R) Larry Crow (R)
Temple Terrace Palm Harbor
District 60 District 49



Faye B. Culp (R) Jim Davis (D)
Tampa Tampa
District 57 District 56



Muriel "Mandy" Dawson (D) Willye F. Clayton Dennis (D)
Fort Lauderdale Jacksonville
District 93 District 15



Alex Diaz de la Portilla (R)
Westchester
District 115



Lori Edwards (D)
Auburndale
District 65



Lois J. Frankel (D)
West Palm Beach
District 85



Steven A. Geller (D)
Hallandale
District 101



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



James B. "Jim" Fuller (R)
Jacksonville
District 16













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



Mike Fasano (R)
New Port Richey
District 45



Howard E. Futch (R)
Melbourne Beach
District 30



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



Steven B. Feren (D)
Sunrise
District 98



Rodolfo "Rudy" Garcia, Jr. (R)
Hialeah
District 110



Addie L. Greene (D)
Mangonia Park
District 84



Mark G. Flanagan (R)
Bradenton
District 68



Greg Gay (R)
Cape Coral
District 74



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



i.
;I

























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



Suzanne Jacobs (D)
Delray Beach
District 88



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



Buddy Johnson (R)
Plant City
District 62



Sally A. Heyman (D)
North Miami Beach
District 105



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



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



Everett A. Kelly (D)
Tavares
District 42



Deborah James "Debbie"
Horan (D)
Key West
District 120



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



Carlos A. Lacasa (R)
Miami
District 117



John Laurent (R)
Bartow
District 66



Alfred J. "Al" Lawson, Jr. (D) Frederick "Fred" Lippman (D)
Tallahassee Hollywood
District 8 District 100



Carl Littlefield (R)
Dade City
District 61



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



Ralph L. Livingston (R)
Fort Myers
District 75



Elvin L. Martinez (D)
Tampa
District 58



Willie F. Logan (D)
Opa-locka
District 103



Jerry Louis Maygarden (R)
Pensacola
District 2



Evelyn J. Lynn (R)
Ormond Beach
District 27



Kendrick B. Meek (D)
Miami
District 104



Anne Mackenzie (D)
Fort Lauderdale
District 99



Jerry G. Melvin (R)
Fort Walton Beach
District 4



Ron Klein (D)
Boca Raton
District 89

























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



Lesley "Les" Miller, Jr. (D)
Tampa
District 59



Big;; z.



0. R. "Rick" Minton, Jr. (D)
Fort Pierce
District 78



John Morroni (R)
Clearwater
District 50







-.

7



Luis C. Morse (R)
Miami
District 113



I.~



Mark R. Ogles (R)
Bradenton
District 67



Durell Peaden, Jr. (D)
Crestview
District 5



Vernon Peeples (D)
Punta Gorda
District 72



Bill Posey (R)
Rockledge
District 32



Debra A. "Deb" Prewitt (D)
New Port Richey
District 46



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



0.37



Jorge Rodriguez-Chomat (R)
Miami
District 114














Dean P. Saunders (D)
Lakeland
District 63



John C. Rayson (D)
Pompano Beach
District 90







^ .. .. -





Luis E. Rojas (R)
Hialeah
District 102



Charles W. "Charlie"
Sembler II (R)
Sebastian
District 80



Alzo J. Reddick (D)
Orlando
District 39














R. Z. "Sandy" Safley (R)
Clearwater
District 48







V "
". ., ...



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



Buzz Ritchie (D)
Pensacola
District 3



Debby P. Sanderson (R)
Fort Lauderdale
District 91



Kelley R. Smith (D)
Palatka
District 21



Beryl D. Roberts-Burke (D)
Miami
District 108



Burt L. Saunders (R)
Naples
District 76



Helen L. Spivey (D)
Crystal River
District 43



--



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Jeff "Stabe" Stabins (R)
Spring Hill
District 44



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









John Thrasher (R)
Orange Park
District 19



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



Tracy Stafford (D)
Wilton Manors
District 92



Jack N. Tobin (D)
Margate
District 95





4-.I







Carlos L. Valdes (R)
Miami
District 111



Robert J. "Bob" Starks (R)
Casselberry
District 34



Robert DeWitt "Rob"
Trammell (D)
Marianna
District 7



J. Alex Villalobos (R)
Miami
District 112



Bill Sublette (R)
Orlando
District 40







.-.. ::P :





Allen Trovillion (R)
Winter Park
District 36













Peter Rudy Wallace (D)
St. Petersburg
District 52



Joseph G. "Joe" Tedder (D)
Lakeland
District 64



Marjorie R. Turnbull (D)
Tallahassee
District 9



S-;





Rob Wallace (R)
Tampa
District 47



Debbie Wasserman Schultz (D) Daniel Webster (R)
Davie Orlando
District 97 District 41



Stephen R. Wise (R)
Jacksonville
District 13



^&





Earl Ziebarth (R)
DeLand
District 26



Tom Warner (R)
Stuart
District 82


















The Journal OFTHE


House of Representatives


ORGANIZATION SESSION



Tuesday, November 22, 1994

Journal of the House of Representatives for the Organization Session of the Seventy-seventh House since Statehood in
1845, convened under the Constitution, begun and held at the Capitol in the City of Tallahassee, in the State of Florida,
on Tuesday, November 22, 1994, being the day fixed by the Constitution for the purpose.



Under Rule 3.1, John B. Phelps, the Clerk of the preceding session called
the House to order at 9:30 a.m.
The following certified list of Members elected to the House of
Representatives was received:

State of Florida

Office of Secretary of State

I, JIM SMITH, Secretary of State of the State of Florida, do hereby
certify that the following Members of the House of Representatives were
elected at the General Election held on the Eighth day of November, A. D.,
1994, as shown by the election returns on file in this office:
HOUSE DISTRICT ELECTED MEMBERS
NUMBER
1-Jerry Burroughs, Cantonment
2-Jerry Louis Maygarden, Pensacola
3-Buzz Ritchie, Pensacola
4-Jerry G. Melvin, Fort Walton Beach
5-Durell Peaden, Crestview
6-Scott W. Clemons, Panama City
7-Robert Trammell, Marianna
8-Alfred "Al" Lawson, Jr., Tallahassee
9-Marjorie Turnbull, Tallahassee
10-F. Allen Boyd, Jr., Monticello
11-Randy Mackey, Lake City
12-George A. Crady, Yulee
13-Stephen R. Wise, Jacksonville
14-Anthony C. (Tony) Hill, Jacksonville
15-Willye F. Dennis, Jacksonville
16-James B. Fuller, Jacksonville
17-James E. "Jim" King, Jr., Jacksonville
18-Joe Arnall, Jacksonville Beach
19-John Thrasher, Orange Park
20-Tracy W. Upchurch, St. Augustine
21-Kelley Smith, Palatka
22-Bob Casey, Gainesville
23-Cynthia Moore Chestnut, Gainesville
24-George Albright, Ocala
25-Stan Bainter, Eustis
26-Earl Ziebarth, Deland
27-Evelyn Lynn, Ormond Beach
28-Jack Ascherl, New Smyrna Beach
29-Randy Ball, Mims
30-Howard E. Futch, Melbourne Beach
1



31-Harry C. Goode, Jr., Melbourne
32-Bill Posey, Rockledge
33-Marvin R. Couch, Oviedo
34-Bob Starks, Oviedo
35-Bob Brooks, Longwood
36-Allen Trovillion, Winter Park
37-Lee Constantine, Altamonte Springs
38-Bob Sindler, Apopka
39-Alzo J. Reddick, Orlando
40-Bill Sublette, Orlando
41-Daniel Webster, Winter Garden
42-Everett Kelly, Tavares
43-Helen L. Spivey, Crystal River
44-Jeff Stabins, Spring Hill
45-Mike Fasano, New Port Richey
46-Debra A. Prewitt, New Port Richey
47-Rob Wallace, Tampa
48-R. Z. "Sandy" Safley, Palm Harbor
49-Larry Crow, Palm Harbor
50-John Morroni, Clearwater
51-Mary Brennan, Pinellas Park
52-Peter Rudy Wallace, St. Petersburg
53-Lars A. Hafner, St. Petersburg
54-Dennis L. Jones, Treasure Island
55-Rudolph "Rudy" Bradley, St. Petersburg
56-Jim Davis, Tampa
57-Faye Culp, Tampa
58-Elvin L. Martinez, Tampa
59-Lesley "Les" Miller, Jr., Tampa
60-Victor Crist, Temple Terrace
61-Carl Littlefield, Dade City
62-Buddy Johnson, Plant City
63-Dean Saunders, Lakeland
64-Joe G. Tedder, Lakeland
65-Lori Edwards, Auburndale
66-John Laurent, Bartow
67-Mark R. Ogles, Bradenton
68-Mark G. Flanagan, Bradenton
69-Shirley A. Brown, Sarasota
70-Lisa Carlton, Osprey
71-David I. Bitner, Port Charlotte
72-Vernon Peeples, Punta Gorda
73-J. Keith Arnold, Fort Myers
74-Greg Gay, Cape Coral
75-Ralph L. Livingston, Fort Myers
76-Burt Saunders, Naples
77-Bert J. Harris, Jr., Lake Placid










JOURNAL OF THE HOUSE OF REPRESENTATIVES



78-Rick Minton, Fort Pierce
79-Irlo "Bud" Bronson, Kissimmee
80-Charles W. Sembler II, Vero Beach
81-Ken Pruitt, Port Saint Lucie
82-Tom Warner, Stuart
83-Sharon J. Merchant, North Palm Beach
84-Addie L. Greene, Mangonia Park
85-Lois J. Frankel, West Palm Beach
86-Ed Healey, West Palm Beach
87-Bill Andrews, Delray Beach
88-Suzanne Jacobs, Delray Beach
89-Ron Klein, Boca Raton
90-John C. Rayson, Pompano Beach
91-Debby P. Sanderson, Ft. Lauderdale
92-Tracy Stafford, Wilton Manors
93-Muriel "Mandy" Dawson, Ft. Lauderdale
94-Josephus Eggelletion, Jr., Lauderdale Lakes
95-Jack N. Tobin, Margate
96-Ben Graber, Coral Springs
97-Debbie Wasserman Schultz, Davie
98-Steven Brian Feren, Sunrise
99-Anne Mackenzie, Ft. Lauderdale
100-Fred Lippman, Hollywood
101-Steven A. Geller, Hallandale
102-Luis E. Rojas, Hialeah
103-Willie Logan, Opa Locka
104-Kendrick Meek, Miami
105-Sally A. Heyman, North Miami Beach
106-Elaine Bloom, Miami Beach
107-Bruno A. Barreiro, Miami Beach
108-Beryl Roberts Burke, Miami
109-James Bush III, Miami
110-Rodolfo "Rudy" Garcia, Jr., Hialeah
111-Carlos L. Valdes, Miami
112-J. Alex Villalobos, Miami
113-Luis C. Morse, Miami
114-Jorge Rodriguez-Chomat, Miami
115-Alex Diaz de la Portilla, Miami
116-Annie Betancourt, Miami
117-Carlos Lacasa, Miami
118-Larcenia J. Bullard, Miami
119-John F. Cosgrove, Miami
120-Debbie Horan, Key West



GIVEN under my hand and the Great Seal of the
State of Florida at Tallahassee, the Capitol, this
18th day of November, A. D., 1994.
JIM SMITH
Secretary of State



Prayer
The following prayer was offered by the Reverend Hal Marchman of
Astor:
We give thanks this day, Almighty God, when our chosen leaders are
sworn into office. Bless each one by the power of your spirit. Help us this
day, all of us, to stop, look, and listen. Stop and be still and know that you
are God. Help us to look at each other and at the people, all the people of
this great state. And help us to listen to the still, small voice of your spirit
that calls us to serve you by serving others. Shalom and Amen.
The following Members were recorded present:



Albright
Andrews
Arnall
Arnold
Ascherl
Bainter
Ball
Barreiro



Betancourt
Bitner
Bloom
Boyd
Bradley
Brennan
Bronson
Brooks



Brown
Bullard
Burroughs
Bush
Carlton
Casey
Chestnut
Clemons



Constantine
Cosgrove
Couch
Crady
Crist
Crow
Culp
Davis



Dawson
Dennis
Diaz de la Portilla
Edwards
Eggelletion
Fasano
Feren
Flanagan
Frankel
Fuller
Futch
Garcia
Gay
Geller
Goode
Graber
Greene
Hafner
Harris
Healey
Heyman
Hill



Horan
Jacobs
Johnson
Jones
Kelly
King
Klein
Lacasa
Laurent
Lawson
Lippman
Littlefield
Livingston
Logan
Lynn
Mackenzie
Mackey
Martinez
Maygarden
Meek
Melvin
Merchant



Miller
Minton
Morroni
Morse
Ogles
Peaden
Peeples
Posey
Prewitt, D.
Pruitt, K.
Rayson
Reddick
Ritchie
Roberts-Burke
Rodriguez-Chomat
Rojas
Safley
Sanderson
Saunders, B.
Saunders, D.
Sembler
Sindler



Smith
Spivey
Stabins
Stafford
Starks
Sublette
Tedder
Thrasher
Tobin
Trammell
Trovillion
Turnbull
Upchurch
Valdes
Villalobos
Wallace, P. R.
Wallace, R.
Warner
Wasserman Schultz
Webster
Wise
Ziebarth



A quorum was present.

Pledge
The Members, led by Daniel and Hannah Wallace and all other children
who were present in the Chamber, pledged allegiance to the Flag.

House Physicians
The Chairman introduced Dr. J. Crayton Pruitt, Sr., and Dr. J. Crayton
Pruitt, Jr., the father and brother of Helen Wallace, of Pinellas County,
who served in the Clinic today upon invitation of Rep. Wallace.

Oath Taken By Members
The Members, as a group, stood at their desks where the Oath of Office
prescribed by the Constitution was administered by Chief Justice Stephen
Grimes, Florida Supreme Court.

Presentation
The Clerk delegated the duties of temporary presiding officer to the
Honorable Bolley L. Johnson, retiring Speaker. The Clerk also presented
former Speaker Johnson with the last striking block broken under his
gavel.

THE HONORABLE BO JOHNSON IN THE CHAIR

Presentation of Guests
The Chairman presented the following former Speakers of the House,
who were present in the Chamber: the Honorable Donald L. Tucker, the
Honorable Tom Gustafson, the Honorable Ralph D. Turlington, the
Honorable James Harold Thompson, the Honorable T. K. Wetherell, the
Honorable H. Lee Moffitt, the Honorable Ralph H. Haben, Jr., and the
Honorable Doyle E. Conner.
Additionally, the Chairman presented the following former Minority
Leaders: the Honorable Jim K. Tillman, the Honorable Ronald R.
Richmond, the Honorable R. Dale Patchett, the Honorable James M.
Lombard, and the Honorable S. Curtis Kiser.

Election of the Speaker
The Chair announced the House would proceed to the election of
Officers and, for the purpose of nominations, motions would be seconded.
Nominations would now be received for Speaker of the House of
Representatives for a term of two years beginning today.
Rep. Ritchie nominated the Honorable Peter R. Wallace for Speaker.
Rep. Ritchie: Mr. Speaker, special guests, those in the gallery, and
Members, I rise to nominate a man who is uniquely suited to be Speaker
of the Florida House of Representatives particularly at this moment in



2



November 22, 1994










JOURNAL OF THE HOUSI



Florida's history. Peter Rudy Wallace is heir to a political tradition that
is broad and deep, much like Florida's at the present time. Like Florida,
his background is both conservative and progressive in the best senses of
both of those words. Those of us who have worked with Peter over the years
have come to know that we can depend on his word. We have come to know
that he will listen to our point of view and fairly respond. We have come
to know him as a leader who cares deeply, not just about his district in
Florida, but all of Florida from Pensacola to Key West. We have come to
know him as a friend and colleague.
As Rules Chair, Peter acted with integrity and principle that added to
the credibility of this House as an institution during his two years as Rules
Chair, perhaps the most difficult two years we've experienced.
Peter Wallace is well suited to be Speaker, in part because his district
could be called the birthplace of the two-party system in our state. Peter
comes from two different political traditions. First there was his
grandfather, Rudy, a Republican leader who helped found the Republican
Party in Pinellas County and who voted for Senator Robert Taft on all
three ballots in the 1948 Republican Presidential Nominating Convention.
But there was also Grandfather Wallace, a Democrat to the core who
supported Uncle Henry A. Wallace on the Democratic ticket. This heritage
suits Peter well for the current political climate we find ourselves in in
Florida. Today we need someone who can find the base of bipartisan unity,
bipartisan unity that will be necessary to move Florida forward through
legislative policymaking over the next two years. More than any of us
probably realized when we first came to this House, this is an institution
built on respect and fellowship. We live by our word and by our deeds.
Representative Peter Wallace has never played it any other way.
It is with pride, respect, friendship, and admiration that I rise to
nominate as Speaker for the House for the 1995 and 1996 legislative
sessions, Peter Rudy Wallace. [applause]
Representative Logan seconded the nomination of Rep. P. R. Wallace for
Speaker.
Rep. Logan: Mr. Speaker, Members, and guests, I rise to second the
nomination of Peter Rudy Wallace as the Speaker of the House for the 1995
and 1996 legislative sessions. It's rare to find a leader that so many people
from such diverse traditions and viewpoints can look up to with equal
measure, faith, and pride. Peter Wallace is such a person. They say nice
guys finish last. Peter Wallace gives lie to that old saying. He's always been
one of the first over the finish line, and there are a lot of reasons for that.
I'm not going to take the time this morning to go into all of those reasons,
but one of them is something that I would like to say-that you all will find
out and that is that until you test him you would not find out-you would
not know that he has a backbone of tempered steel.
Peter Wallace is the best person to lead the House of Representatives
because he's never been narrow, either in partisanship, nor in setting one
part of Florida against another. The late Bill Sadowski used to say that as
a Member of the House you've got two constituencies: the one that sent you
here and the one that you serve. He said that the one that you serve is all
of Florida. Peter Wallace has always worked for that larger constituency,
and I think he's always had a strong sense of the history and the mission
of this institution. And for you freshmen, you'll see what I mean in time.
This place is special. You'll never forget it. It's like family. It's like home.
They say that for everything there is a season. This is the season for the
leadership of someone like Peter Wallace. So I'd like to add my voice and
my vote for Peter Wallace as the Speaker of the Florida House of
Representatives. Thank you. [applause]
Rep. Mackenzie seconded the nomination of Rep. P. R. Wallace for
Speaker.
Rep. Mackenzie: Friends, former Members and Speakers, former
Minority Leaders, and to all of our new Members, it is with a great deal
of pleasure that I rise to second the nomination of Peter Rudy Wallace to
be our next Speaker.
You know, some of us never imagined that anything would ever match
the stress of reapportionment until the evening of November 8, 1994.
[laughter]



Four years ago, Peter served as our Commander in Chief, strategist, legal
eagle on the subject of reapportionment. During that stressful time, Peter



November 22, 1994



today is to nominate a friend for Speaker. And Dan, may your dad, who
is now is heaven, hear these words. There are many who desire to be
exalted, but I know a man who humbles himself. There are many who look
to their own interest, but I know a man who looks to the interest of others
and counts others better than himself. There are many who strive to be



E OF REPRESENTATIVES 3


remained calm and very strong. Of course, you know, one of the ways that
he worked out his stress at that time was his NordicTracks-not one, not
two, but lots of them. We later learned that Helen thought that this was
a very strange phenomenon-that she thought with the flywheel going she
had married a hamster.
You know, in this time of cynicism, we are fortunate to have a leader who
has maintained his ideals. Those include making our streets safer,
reforming workers' comp., and turning control of our schools back to the
parents and the teachers. Voters sent a powerful message on November
8th. They said they didn't want us to conduct business as usual, they want
change. They rewarded many of us who have done a lot of hard work on
behalf of the families of Florida. They also demand that we work together
to do the peoples' business. And I know that with our new bipartisan
cooperative effort, we can move the State of Florida forward.
You know, Peter and I have a lot in common. He is a former Young
Republican-I graduated from Ripon College in Ripon, Wisconsin. And for
those of you who don't know, that's the birthplace of the Republican Party.
We didn't learn about this connection until we had had a chance to
socialize and become acquainted as we sat close to each other on the floor.
During that time, I think I learned a very valuable lesson-that unless we
talk to one another and learn about each other's common backgrounds, we
cannot possibly understand how we can vote and represent the interests
of our constituents. And as I look out and see an awful lot of new faces,
I would hope that you would reach out and get to know your fellow
Members. Because, without that understanding of each other, and without
that understanding of the commonalities that we all share, as well as the
differences, we cannot possibly come together and do the peoples' work.
This House is made up of 120 different people: different gender,
different race, different religions, and different socio-economic
backgrounds. We all come to this institution with very different frames of
references and very different ideas. But you know there is one thing we all
have in common. Peter has the ability to bring us together, enable us to
work together, and be able to move the State of Florida even further
forward.
I look back at some of our achievements in bipartisan efforts in the past.
I look at a George Albright and a Lois Frankel working to solve the problem
of teen pregnancy. I look back over the efforts of Sandy Safley and Allen
Boyd to talk about the Marine Fisheries Commission and how we were
going to solve a very difficult problem. I look over at the accomplishments
of Juvenile Justice with the efforts of Representatives Ritchie, Logan, and
Martinez, along with Representatives Warner, Hanson, and others who
came together to make a difference. And I think that once we look at all
of those accomplishments, we know that if we work together and share
common ideals we can move the State of Florida forward.
Peter has the characteristics to pull all of those divergent views together
and make something happen. His leadership during this time of discontent
among the voters is critical to reestablish the public's faith in solving their
problems. In politics, timing is everything. And as we are fortunate to have
Peter to restore that faith, I put my faith in this institution in Peter
Wallace. It is with a great deal of pleasure that I second the nomination
of Peter Rudy Wallace to be our next Speaker. Thank you. [applause]
Rep. Starks nominated the Honorable Daniel Webster for Speaker.
Rep. Starks: I apologize for taking so long to get up here but my seat
is pretty far back. [laughter] But that could change in a few minutes.
[laughter] Before I begin with my remarks I would just like to share with
Representative Wallace and Representative Webster that I have been with
both of you since the beginning and I have signed a pledge card for both
of you. [laughter] You know, I used to be down in the basement. Down
there it's pretty dark and lonely and kind of wet sometimes because of the
leaking pipes-some of you freshmen are going to know what I mean.
[laughter] This is not a tan, it's rust. [laughter]
Mr. Speaker, Representative Wallace and Helen, Representative
Webster, Sandy, families, my colleagues, and my friends, my purpose here










4 JOURNAL OF THE HOUSE

great and seek to be first. I know a man who is willing to be last and truly
believes in his heart that the last shall be first. There are many who want
to be the leader. There are many who want to be the leader, but I know a
man who wants to be a servant of all-a servant of all. There are many who
cover their mistakes, but I know a man who admits his mistakes and learns
from them. There are many who want to receive much, but I know a man
who wants to give much. And there are many who make good deeds known,
but I know a man who keeps good deeds a secret. And there are many who
hate their enemies and seek revenge, but I know a man who loves his
enemies and forgives. There are many who seek peace by trying to
negotiate written agreements and contracts, but I know a man who seeks
peace by uniting diverse opinions around a common cause. There are many
who try to change others to their way of thinking and acting, but I know
a man who tries to change himself and accepts others just as they are.
There are many who seek recognition, but I know a man who seeks to
recognize others. There are many who emphasize human power, but I know
a man that emphasizes His power. And there are many that say many
things are impossible, but I know a man who says all things are possible.
Ladies and gentlemen, it is with great honor and pleasure that I place in
nomination that man, Daniel Alan Webster. [applause]
And just in conclusion from Ecclesiates:
To everything there is a season, and to every purpose there is a time
under heaven: a time to be born, and a time to die; a time to plant, and
a time to harvest; a time to kill, and a time to heal; a time to tear down,
and a time to build up; a time to weep, and a time to laugh; a time to
mourn, and a time to dance; a time to scatter stones, and a time to
gather stones; a time to embrace, and a time to refrain from embracing;
a time to search, a time to give up; a time to keep, and a time to throw
away; a time to tear, and a time to mend; a time to be silent, and a time
to speak; a time to love, and a time to hate; a time for war, and a time
for peace.
And ladies and gentlemen, now is the time, now is the day, now is the
hour, this is the time to elect Daniel Webster the next Speaker of the
Florida House of Representatives. Thank you and God bless you.
[applause]
Rep. Valdes seconded the nomination of Rep. Webster for Speaker.
Rep. Valdes: Bob, it is indeed a long walk. Representative King, you
look so small from up here. [laughter] Where are you? [laughter] And,
I don't know why Rojas is laughing either. [laughter]
Fellow colleagues and distinguished guests, it is with great honor that I
rise to speak in favor of my friend, your friend, Representative Webster-
the person best suited to uphold the basic principles that we all share.
Principles such as: fighting for citizens that are overburdened by
government, people that are sick and tired of bureaucratic red tape and
strained by ever increasing taxes, fighting for citizens held hostage by the
threat of crime in their own neighborhoods and schools, fighting for
citizens seeking something better for their children, people who want a
choice when it comes to the education of their children, fighting for citizens
who seek a new direction for the State.
For too many years, the liberal majority has controlled our State's
agenda. As the voters in this past election have made crystal clear, the time
for change is here, and what better place than the Florida House of
Representatives.
In order to bring about such change and to carry forward the principles
that are most important to the citizens of the great State of Florida, in
order to reach our ultimate goal, we need a proven leader. We need a strong
and focused leader. We need a person of great integrity and vision. I know
a person who has all of these qualities and many more.
At this time, I am honored to second the nomination for Speaker, my
friend, your friend, our colleague, Representative Danny Webster. Thank
you. [applause]
Rep. Merchant seconded the nomination of Rep. Webster for Speaker.



Rep. Merchant: Mr. Chair, ladies and gentlemen of the House of
Representatives, families, and honored guests, it is truly an honor to stand
here today to offer my support and to second the nomination for Florida's
first Republican Speaker, Representative Dan Webster.



1]



ceased.
Rep. Bloom suggested the absence of a quorum. A quorum was present.
Reps. P. R. Wallace and Webster were declared nominees for Speaker.
When the votes were cast for Speaker, the result was:



E OF REPRESENTATIVES November 22, 1994

It's an awesome responsibility that we ask our Speaker to bear. He's our
guide to better governance, creative solutions to the problems our State
faces, preservation of our precious natural resources, and the best use of
our limited revenues.
Representative Webster is superbly qualified to lead us into the next two
years. His leadership style is to follow the wishes of the majority.
Representative Webster will excel in leading a bipartisan Legislature. He's
motivated by his desire to serve all Floridians. His success is a tribute to
devotion-devotion to hard work, family, friends, and most importantly,
to his ideals, making Florida a better place to live. His character and
unquestionable integrity have afforded him the complete trust and
confidence of all who know him.
The citizens of Florida expect more from government; they expect better
use of funds, better, faster, and more efficient services, more oversight, and
less waste. Floridians rightfully deserve an effective government, and they
are clearly ready for change. The voters have clearly spoken. For 29 of our
colleagues, this is their first opportunity to govern Florida. Representative
Mackenzie is right. Voters spoke on November 8th, demanding change and
accountability. They voted for a more conservative fiscal policy.
I know of no better qualified person to lead us than Representative Dan
Webster. He's highly regarded by all Members for his years of service,
leadership skills, and vision. His gentle wisdom will provide us a trusted
and capable Speaker.
My fellow colleagues, we work for the people of Florida. They have
clearly spoken their desire for a new direction in government. Let's make
history and elect Representative Dan Webster the first Republican
Speaker of the Florida House of Representatives. I second the nomination.
[applause]
Rep. Littlefield seconded the nomination of Rep. Webster for Speaker.
Rep. Littlefield: Thank you, Mr. Speaker. I have watched Dan
Webster transition from a bombastic Jim King to a rather bashful Bruno
Barreiro, and I admire him.
Dan Webster evokes admiration from so many of us; we admire him
because we sense that he is deeply interested in our individual successes.
We sense that he is secondarily interested in us winning in the game of
politics, but that he is primarily interested in us winning in the game of life.
Maybe it's the contrast that intrigues us about Danny Webster.
We work in an arena where political hacks will sell their soul for another
seat in this Chamber, where nothing is sacred to them, least of all truth.
It's an arena where politicians posture for power and bureaucrats sharpen
their skills of manipulation. It's an arena where the morning's news
unfailingly greets us with pessimism and even cynicism. Into that arena,
into that scene, enter Dan Webster. And again, the contrast is striking.
While others feast on negativism, Danny seems to have an insatiable
appetite for that which is good. And he seems to have an unfaltering belief
that right will ultimately win out and be the victor. Here is a man that has
an uncommon compulsion to serve, a man that believes that some battles
are best fought by praying for your enemies. You see, while some merely
experiment with political integrity, Danny Webster personifies it.
And how does he lead? He stays focused on perfecting his own character.
He stays focused on developing his own self-discipline and expanding his
own ability to serve others.
He has never asked us once to be like him. What he does ask of us is that
we seek to perfect our own talents, our own skills, our own abilities, so that
we as individual parts will be able to maximize our compliment, and
maximize our contribution to the whole.
It is with a deep sense of respect for the man, that I second the
nomination of our friend, Dan Webster, for Florida's Speaker of the House.
[applause]
On motion by Rep. Hafner, seconded by Rep. Rayson, nominations










November 22, 1994



JOURNAL OF THE HOUSE OF REPRESENTATIVES



Wallace-62
Arnold
Ascherl
Betancourt
Bloom
Boyd
Bradley
Brennan
Bronson
Brown
Bullard
Bush
Chestnut
Clemons
Cosgrove
Davis
Dawson
Webster-58
Albright
Andrews
Arnall
Bainter
Ball
Barreiro
Bitner
Brooks
Burroughs
Carlton
Casey
Constantine
Couch
Crady
Crist



Dennis
Edwards
Eggelletion
Feren
Frankel
Geller
Goode
Graber
Greene
Hafner
Harris
Healey
Heyman
Hill
Horan
Jacobs


Crow
Culp
Diaz de la Portilla
Fasano
Flanagan
Fuller
Futch
Garcia
Gay
Johnson
Jones
King
Lacasa
Laurent
Littlefield



Kelly
Klein
Lawson
Lippman
Logan
Mackenzie
Mackey
Martinez
Meek
Miller
Minton
Peaden
Peeples
Prewitt, D.
Rayson
Reddick


Livingston
Lynn
Maygarden
Melvin
Merchant
Morroni
Morse
Ogles
Posey
Pruitt, K.
Rodriguez-Chomat
Rojas
Safley
Sanderson
Saunders, B.



Rep. P. R. Wallace was declared the duly elected Speaker of the House
for a term of two years beginning today. [applause]
On motion by Rep. Smith, seconded by Rep. Bullard, the Chair
appointed Reps. Bronson, Harris, Lawson, Peeples, Arnold, Edwards,
Dennis, and Bradley as a committee to escort Speaker Wallace and his
family to the rostrum.
Rep. Boyd introduced the following family members of Speaker Wallace:
Mrs. Helen Wallace's parents, Dr. J. Crayton Pruitt, Sr., and Francis
McSwain Pruitt; her brother and sister-in-law, Dr. J. Crayton Pruitt, Jr.,
and JoHanna Pruitt, and their children, Evan and Eric.
Rep. Davis introduced the following family members of Speaker
Wallace: his parents, John and Martha Wallace; his brother and sister-in-
law, Tom and Susan Wallace, and their children, John Prince and Caroline;
and his brother and sister-in-law, David and Lynn Wallace.
Presentation of Speaker
Rep. Davis presented the Honorable Peter R. Wallace, Speaker of the
House of Representatives.
Rep. Davis: And now, ladies and gentlemen, it is my distinct privilege
to present to you our Speaker's wife, Helen, and children, Daniel and
Hannah, and our new Speaker of the Florida House of Representatives,
Peter Rudy Wallace. [applause]
Justice Overton administered the Oath of Office to the Speaker.
[applause]
Mr. Johnson handed the gavel to Speaker Wallace signifying his
authority as the new Speaker of the House of Representatives.

THE SPEAKER IN THE CHAIR
Speaker Peter R. Wallace: And, at the first opportunity, I would
like to once again express the thanks of this body to a Speaker who has
always been there for me and for our Members and who has served us
honorably over the last two years, Speaker Bo Johnson. [applause]



Ritchie
Roberts-Burke
Saunders, D.
Sindler
Smith
Spivey
Stafford
Tedder
Tobin
Trammell
Turnbull
Upchurch
Wallace, P. R.
Wasserman Schultz




Sembler
Stabins
Starks
Sublette
Thrasher
Trovillion
Valdes
Villalobos
Wallace, R.
Warner
Webster
Wise
Ziebarth



honor, and it is fitting that we are about to convey this honor on a truly
honorable colleague.



5



Rep. Lippman: Family values. Did everyone observe? God-given,
God-driven, family values. Mr. Speaker, today marks a great day for the
State of Florida. Today signals the future, for today is the day we have
selected a Speaker who possesses both wisdom and courage. A man with
a keen sense of the past and an eye on the future. A man of steadfast
integrity and determination. A man whose dramatic intellect gives him
perspectives that few others know. Peter Wallace, now Speaker of the
House of Representatives, has set an example of which he can be proud and
which we can all share. An example we should all emulate. Determination,
honesty, integrity, trust, loyalty, qualities that fit this public servant well.
Ladies and gentlemen, I present to you the Speaker of the House, Peter
Rudy Wallace. [applause]
Speaker Wallace: Thank you. And, I can't tell you what a deep
honor it is for me to have the opportunity to serve here in the Chair of the
House of Representatives. And, Representative Webster, my friend, we
face many challenges together, but as we work together, we will achieve
many successes as well, and I commend you to all the Members for your
honor and integrity. [applause]

Election of the Speaker pro tempore
The Speaker announced that nominations would now be received for
Speaker pro tempore of the House of Representatives for a term of two
years beginning today.
Rep. Cosgrove nominated the Honorable Jack Ascherl for Speaker pro
tempore.
Rep. Cosgrove: Mr. Speaker, Members of the House, friends,
colleagues, it is my pleasure and privilege and honor to rise to nominate
for the position of Speaker pro tempore of the House of Representatives
the Honorable Jack Ascherl. We all know Jack for his distinguished service
as Chairman of Ethics & Elections and for his equally distinguished service
as Chairman of the Insurance Committee. But my task today is to share
with you, my colleagues, some of what we've all learned about Jack Ascherl
over the years. We know that Jack is a paragon of ethics, a truly kind
person who strives to do the right thing. In fact, when he was Chairman
of Insurance, many of the insurance lobbyists called him "Dudley Do-
Right," and I think they meant it as a compliment. But if he ever found out
about that before now, I'm quite certain that Jack took it as a compliment.
One thing about Jack that may surprise many of you is his military
history. He served as a Sergeant in the United States Marine Corps. It
never surprised me, though, because, as the son of a Marine Corps drill
Sergeant, I knew a thing or two about Semper Fi. Semper fidelis, always
faithful, that's Jack Ascherl in a nutshell. Always faithful to his wife Mickie
and to his sons, Scott and John. Always faithful to the people that elected
him to whom he serves. Always faithful to the leadership of the House of
Representatives and to our Speaker, Peter Wallace; always faithful to his
colleagues in the Legislature, without regard to the political things that
may divide us. Jack's loyalty to the State, to his fellow Members and to the
institution of the Florida House of Representatives, that's what's always
set Jack apart from the rest of us, both as an equal and as a leader among
equals.
Maybe it's the Marine Corps experience more than his experience in
local government planning and zoning or in local tourism development,
more than his eight years on the Volusia County Council, more than his
eight years serving with us here in the House. Maybe it's Jack's Marine
Corps experience that gives him the quiet courage of his convictions that
some call heroic.
As much as any Member I've served with, Jack Ascherl is a man of his
convictions. You know you just can't talk him out of something by telling
him who's against it. If you can't come to Jack with a public-policy
argument, you might as well forget trying to change his mind or his vote.
This peculiarity can be very frustrating, or at least uncommon.
But these qualities of Jack-his devotion to his family, to his State, and
to this institution, his quiet courage, his insistence on doing what is right-
these are qualities that make Jack Ascherl an uncommon legislator and
they are the very reason that we are about to show our admiration and
respect for him by electing him as our next Speaker pro tem. This is a great









JOURNAL OF THE HOUSE OF REPRESENTATIVES



One of the pleasures of speaking in nomination of Jack Ascherl is that
I have a chance to thank Jack, on behalf of myself and all of us, all of our
colleagues here, all of the people of this state for being that uncommon
legislator. As Theodore Roosevelt said:
The galleries are full of critics who play no games. They fight no fights.
They make no mistakes because they attempt nothing. Down in the
arena are the doers. They make mistakes because they attempt many
things. The man who makes no mistakes lacks boldness and the spirit
of adventure. He is the one who never tries anything. He is the brake
on the wheel of progress.
But Jack is the engine for the wheel of progress. These are the standards
to which we all aspire, to be the doers, to attempt many things. In this, too,
Jack Ascherl is a standard by which we can measure ourselves-always
faithful, semper fidelis, to the people and to the institution. That's what
has made Jack Ascherl a role model for all of us, and that's why I'm proud
to nominate him as our next Speaker pro tempore. [applause]



Luis characterizes all the good in the Cuban-American population: a
dedication to the principles of freedom and democracy, an arduous work
ethic, and a commitment to being the best that one can be. I'm proud of
the fact that Luis asked me to give his nomination speech, but prouder still
to place his name in nomination. [applause]
Rep. Villalobos seconded the nomination of Rep. Morse for Speaker pro
tempore.
Rep. Villalobos: Mr. Speaker, distinguished guests, Members, family
and friends, and Grandpa, Luis is a man of conviction. He is sincere, and
he is very focused. He picks his battles very carefully. He is a statesman
who believes in negotiation rather than in dominating his foes. I often look
to him for guidance and for advice. He is a source of support and pride for
the entire Cuban community and for all of us. He is a symbol of unity. I
am proud to call him my friend. It is my honor to second the nomination
of Luis Morse for Speaker pro tempore. [applause]



On motion by Rep. Kelly, seconded by Rep. Rayson, nominations ceased
Rep. Reddick seconded the nomination of Rep. Ascherl for Speaker pro and Reps. Ascherl and Morse were declared nominees for Speaker pr
tempore. tempore. Ascherppl and Morse were declared nomuse]ees for Speaker pro
tempore. [applause]



Rep. Reddick: Mr. Speaker, Mr. Speakers, distinguished Floridians,
fellow freshly-minted legislators, I stand here to second the nomination of
Jack Ascherl, and unlike some others that have spoken, I want to speak
about those qualities best exemplified not by a Marine general but by an
Army general who said the following: "On the fields of friendly strife are
sewn the seeds that on other days, in other times, will return the fruits of
victory." Let us make no mistake about it, when you see Jack Ascherl, you
don't see George Foreman and you don't see Joe Lewis, but the fact of the
matter is that the Democratic Party is in a battle for its life, and in the
battle of ideas you need people that will fight. We don't fight with guns,
pistols, and shoot each other, but we do fight for ideas, and that is the
reason we want a Marine that takes an honor cadence.
Jack Ascherl comes from Volusia County-that has produced Hyatt
Brown, Sam Bell, and another Speaker, I can't think of his name, initials
T. K. something. [laughter] But the fact of the matter is that is where his
training was. Now for all of you that love each other, and we do love each
other, but I want you to know before I came up here to second Jack's
nomination, I told Speaker Webster the reason I was supporting Jack
Ascherl is because I want to keep him on that back row just where he is
right now. I don't intend to see any changes in that. The fact of the matter
is that Jack Ascherl is a man of integrity, a man of intelligence, a man of
fortitude, and that is the reason we all admire and respect him. But if our
nation, if our state is going to be competitive, we need people with those
parities to back up our lanky Speaker up there while he is doing all the good
things that he has to do. So for that reason, my friends, fellow legislators,
and Floridians, I proudly second the nomination of Jack George Joe Lewis
Foreman Ascherl to be the Speaker pro tempore. Thank you so much.
Thank you. [applause]
Rep. Jones nominated the Honorable Luis C. Morse for Speaker pro
tempore.
Rep. Jones: Mr. Speaker, Members, honored guests, I proudly place
into nomination for Speaker pro tempore my long-time friend and
colleague, Representative Luis Morse.
It is said you never appreciate freedom and independence until you've
lost both. Representative Morse, a born-in-Cuba Cuban-American
certainly can lend credence to that adage.
Luis and his family escaped to Florida when he was 20 years old. With
a great love for his homeland and a dedication to see a free Cuba, Luis
fought in the Bay of Pigs, was wounded, was captured by the Castro
military and sent to prison. He was incarcerated for a year and a half. With
those experiences as a stimulant, Luis returned to his adopted homeland
with a renewed dedication to establish a better life for his fellow Cuban-
Americans. He dedicated most of his time and efforts to public service and
in 1984 he was elected to the Florida House of Representatives.
Luis' service to this Chamber and this State is well documented. He
served as Chairman of the Cuban Caucus from 1989 through 1991 and in
1988, obtained the rarest of tributes to Republicans by the Democratic
Majority when he became Vice Chairman of the Regulatory Reform
Committee. In 1992, he was chosen by the Minority Leader to be the
Caucus Vice Chairman for the Republican Caucus.



Rep. Bloom suggested the absence of a quorum. A quorum was present.
When the votes were cast for Speaker pro tempore, the result was:
Ascherl-62



The Chair
Arnold
Ascherl
Betancourt
Bloom
Boyd
Bradley
Brennan
Bronson
Brown
Bullard
Bush
Chestnut
Clemons
Cosgrove
Davis
Morse-58
Albright
Andrews
Amall
Bainter
Ball
Barreiro
Bitner
Brooks
Burroughs
Carlton
Casey
Constantine
Couch
Crady
Crist



Dawson
Dennis
Edwards
Eggelletion
Feren
Frankel
Geller
Goode
Graber
Greene
Hafner
Harris
Healey
Heyman
Hill
Horan



Crow
Culp
Diaz de la Portilla
Fasano
Flanagan
Fuller
Futch
Garcia
Gay
Johnson
Jones
King
Lacasa
Laurent
Littlefield



Jacobs
Kelly
Klein
Lawson
Lippman
Logan
Mackenzie
Mackey
Martinez
Meek
Miller
Minton
Peaden
Peeples
Prewitt, D.
Rayson



Reddick
Ritchie
Roberts-Burke
Saunders, D.
Sindler
Smith
Spivey
Stafford
Tedder
Tobin
Trammell
Turnbull
Upchurch
Wasserman Schultz



Livingston Sembler
Lynn Stabins
Maygarden Starks
Melvin Sublette
Merchant Thrasher
Morroni Trovillion
Morse Valdes
Ogles Villalobos
Posey Wallace, R.
Pruitt, K. 'Warner
Rodriguez-Chomat Webster
Rojas Wise
Safley Ziebarth
Sanderson
Saunders, B.



Rep. Asherl was declared the duly elected Speaker pro tempore for a
term of two years, beginning today.
On motion by Rep. Upchurch, seconded by Rep. Dawson, the Speaker
appointed Reps. Chestnut, Sindler, Brown, Stafford, Greene, Healey,
Goode, Mackey, and Bush as a committee to escort Speaker pro tempore
Ascherl and his family to the rostrum.
Rep. Trammell introduced the following family members of Speaker pro
tempore Ascherl: Mickie, his wife, and their sons, Scott and John.
Justice Ben F. Overton administered the Oath of Office to the Speaker
pro tempore. [applause]
Rep. Bloom presented the Honorable Jack Ascherl, Speaker pro
tempore.



6



November 22, 1994









JOURNAL OF THE HOUSE OF REPRESENTATIVES



Rep. Bloom: Mr. Speaker, honored guests, family members, and
Members of the Florida House of Representatives, it is my great pleasure
today to introduce Representative Jack Ascherl because he is a truly great
man.
You know, Jack, the position of the Speaker pro tempore is sometimes
difficult to explain to your constituents, but to those of us privileged to be
a part of this great House of Representatives, you are embarking on a role
that is essential to the effective leadership and management of this body.
Despite the partisanship of some of the statements that we've heard today,
we do generally treat each other with great respect and with very warm
friendship. I want to wish for you the warm relationships that I have been
privileged to enjoy, and also the many opportunities to work with our
uniquely excellent Speaker to resolve conflicts and find common ground
in complex issues with people who truly desire to serve the people of
Florida.
Jack came to us in 1986, after two terms, as you've heard, as a very
successful chairman of the Volusia County Council and as the chairman of
the Volusia County Tourist Development Council. His outstanding service
to his community, his ability to calm troubled waters, and his leadership
in this House of Representatives, which he treasures, are all reasons which
explain my great pleasure in introducing to you today the new Speaker pro
tempore of the Florida House of Representatives, Representative Jack
Ascherl. [applause]
Speaker pro tempore Ascherl: Mr. Speaker Wallace, former
Speakers and Minority Leaders, and guests, and family, and Members, it's
obviously quite an honor to be elected to Speaker pro ter. of this House.
The body and tradition of it is long in its quality, and I think we'll continue
that. I want to say that I appreciate those very gracious comments from
Representatives Cosgrove and Reddick. Thank you very much for that.
Mickie and I find this a very special place, and we're looking forward to
this next term. I am very happy to have our two sons here with us today,
also. It's a new experience for them too.
Certainly, the House has a great challenge over this next two-year term.
I think with Peter Rudy Wallace at the helm, and all of the cooperation
of the Members, that we can have a good two-year period to meet that
challenge and accomplish the things that we need to accomplish.
I am very honored, of course, to be serving with my good friend and a
person that I really respect and honor in Speaker Wallace, so I look forward
to it, and thank you for this honor. [applause]

Election of the Clerk
The Speaker announced that nominations would now be received for
Clerk of the House of Representatives for a term, under Rule 1.3, of two
years from this date.
Rep. Sanderson nominated John B. Phelps as Clerk.
Rep. Sanderson: Mr. Speaker, fellow colleagues, your family
members and friends, and honored guests, it is indeed an honor for me this
morning to place in nomination the name of John B. Phelps for Clerk of
the House, because John is a very special person and a very special friend.
John has served this House well for the past eight years. He's been in
service for the House of Representatives for the past 85 legislative sessions.
He designed the Chamber Amendment Display System under Speaker
Gustafson. It has been used in the House since 1991. He is a former
president of the American Society of Legislative Clerks and Secretaries.
John has so many awards, it would be, indeed, very difficult to list all of
them this morning.
Some of his duties are to publish the daily Journal of the House, to
consult on parliamentary procedure, to compile advisory opinions on
ethical conduct, to propose revisions to the Rules of the House. John is the
ears, and the eyes, recording meticulously the history of the Florida House
of Representatives, along with his most competent, hard-working, and
dedicated staff. John is called upon to solve unusual dilemmas that arise
in these hallowed halls.
John has many hobbies. He's an avid reader, a rock collector, an
ornithologist-which is a bird watcher-and considering the new additions



to this House, John will find himself uniquely qualified to deal with a new
species that has flocked to this Chamber.



A couple of years ago while visiting North Dakota, John found himself
in a cabin blocked by a buffalo, but he found a solution. And recently, a
couple of months ago, he was on a trip in Africa, and he had been told not
to wander away from the hotel after dark. But he's an early morning man,
and he was up and wanted to do his running, and so he decided to venture
out and found himself surrounded by a family of baboons. He said they
sounded like barking dogs, but ultimately, since John had a background
in training chimps-which is true-he stood it out and managed to again
resolve the problem he found himself in.
John, I know you like trivia, so I have a little fact for you to share this
morning. The only other time both Houses of Congress went Republican
was 1904. And by the way, that was the only year that no World Series was
played.
John is a wonderful source of information, and friendship, and trust. He
is nonpartisan, and I would request that all of the freshmen make a special
effort to get to know John. Stop by his office and talk with him. He learned
very well from his predecessor, Dr. Allen Morris, who is dutifully sitting
over here on the side of the Chamber, who has been a special friend to those
of us who have been here for a long time. John is a wonderful human being,
so please avail yourself of this opportunity. He is always the peacemaker.
It is my personal pleasure to place in nomination the name of John B.
Phelps. [applause]
Rep. Turnbull seconded the nomination of Mr. Phelps as Clerk.
Rep. Turnbull: Mr. Speaker, fellow Members, honored guests,
family, and friends, it is a singular honor for me to second the nomination
of a dear friend and longtime colleague, John B. Phelps, for the Office of
Clerk of the Florida House of Representatives.
I first met John in 1974 when he came to the Committee on Health &
Rehabilitative Services as a legislative intern. And over the next eight
years, John and I served as staff of that Committee and later in the
Speaker's Office. Over the years, I came to know John as one who believes
his charge is to serve the public good, whose integrity is unquestionable,
and who is a wise and ever ready counselor.
In a democracy where emphasis is on the rights and freedoms of
individuals, it is essential that we have institutions with processes and rules
which protect those rights and freedoms. This House is such an institution.
It remains constant as Members come and go, as ideologies clash, and as
the voices of the state's many people are heard through their elected
representatives. It is the tradition and order of this Chamber that ensures
fairness and opportunity for all those we represent.
All of you who have participated in the legislative process will concede
that this Chamber could not function unless we had absolute and
unqualified trust in the administration of the process. John Phelps is the
embodiment of that trust and confidence. Throughout his years of service
as the Clerk of the House, he has been uniformly fair, and has administered
the Office of Clerk in an even-handed and unbiased manner. John Phelps
truly believes in this House as an institution. In fact, he loves this House.
He feels deeply that this institution moves individual Members to rise to
meet their highest ability.
Mr. Speaker, it is with unqualified enthusiasm and confidence I second
the nomination of John B. Phelps for the Office of Clerk of the Florida
House of Representatives. [applause]
On motion by Rep. Clemons, seconded by Rep. Morroni, nominations
ceased and a unanimous vote was cast for John B. Phelps as Clerk of the
House.
John B. Phelps was declared the duly elected Clerk of the House for a
term of two years beginning today.
Mr. Phelps proceeded to the rostrum where Justice Ben F. Overton
administered the Oath of Office to him.

Remarks by the Clerk
Clerk Phelps: Speaker Wallace, dear friends, and honored guests,
under pressure to conclude a special session, Speaker Wetherell once
instructed me to get the "little old ladies" in the Clerk's Office to speed up



the process. [laughter] Incidentally, that's not exactly the way he said it.
You get the drift. [laughter] So, I will do my part to speed the conclusion



November 22, 1994



7









JOURNAL OF THE HOUSE OF REPRESENTATIVES



of this session by simply saying please accept our sincere thanks for the
continued confidence and support and for the privilege of continuing to
record the history and proceedings of this great institution. Thank you.
[applause]

Designation of Sergeant at Arms
The Speaker announced the designation of Mr. Wayne Westmark as
Sergeant at Arms and requested the consent of the House. On motion by
Rep. Tobin, seconded by Rep. Posey, the House consented to the
designation of Mr. Westmark as Sergeant at Arms. Mr. Westmark
proceeded to the rostrum, where Justice Ben F. Overton administered the
Oath of Office to him. Sergeant Westmark expressed his appreciation to
the House.

Designation of Clerk emeritus/Historian
The Speaker announced the designation of Dr. Allen Morris as Clerk-
emeritus/Historian of the House.

Committee to the Governor
On motion by Rep. Klein, seconded by Rep. Villalobos, the Speaker
appointed Reps. Graber, Hill, D. Saunders, Meek, Wasserman Schultz,
Warner, King, and Barreiro as a committee to inform the Governor that
the House was organized.

Committee to the Senate
On motion by Rep. Miller, seconded by Rep. Rayson, the Speaker
appointed Reps. Trammell, Tedder, Geller, Horan, Roberts-Burke, Rojas,
Safley, and Fuller as a committee to inform the Senate that the House was
organized.

Consideration of House Resolutions

By Representative Ritchie-
HR 1-Org.-A resolution establishing the Rules of the House of
Representatives; amending Rule 1.4, making the Rule gender neutral;
amending Rule 1.10, making the Rule gender neutral; amending Rule 1.11,
to conform to constitutional requirements regarding public access to
legislative records; amending Rule 1.12, making the Rule gender neutral;
amending Rule 5.1, making the Rule gender neutral; amending Rule 5.3,
making the Rule gender neutral; amending Rule 5.4, making the Rule
gender neutral; amending Rule 5.6, making the Rule gender neutral;
amending Rule 5.7, making the Rule gender neutral; amending Rule 5.8,
making the Rule gender neutral; amending Rule 5.9, making the Rule
gender neutral; amending Rule 5.10; making the Rule gender neutral;
amending Rule 5.11, making the Rule gender neutral; amending Rule 5.12,
making the Rule gender neutral; amending Rule 5.13, making the Rule
gender neutral; amending Rule 5.19, making the Rule gender neutral;
amending Rule 5.24, making the Rule gender neutral; amending Rule 5.26,
making the Rule gender neutral; correcting a cross reference; amending
Rule 6.1, providing for standing committees; amending Rule 6.2, making
the Rule gender neutral; amending Rule 6.3, making the Rule gender
neutral; amending Rule 6.7, making the Rule gender neutral; amending
Rule 6.8, making the Rule gender neutral; amending rule 6.9, making the
Rule gender neutral; amending Rule 6.10, making the Rule gender neutral;
amending Rule 6.11, making the Rule gender neutral; amending Rule 6.12,
making the Rule gender neutral; amending Rule 6.13, making the Rule
gender neutral; amending Rule 6.15, making the Rule gender neutral;
amending Rule 6.17, making the Rule gender neutral; amending Rule 6.19,
making the Rule gender neutral; amending Rule 6.21, making the Rule
gender neutral; amending Rule 6.22, making the Rule gender neutral;
amending Rule 6.25, making the Rule gender neutral; amending Rule 6.28,
making the Rule gender neutral; amending Rule 6.32, making the Rule
gender neutral; amending Rule 6.34, making the Rule gender neutral;
amending Rule 6.36, making the Rule gender neutral; amending Rule 6.40,
making the Rule gender neutral; amending Rule 6.42, making the Rule
gender neutral; amending Rule 6.44, making the Rule gender neutral;
amending Rule 6.45, making the Rule gender neutral; amending Rule 6.46,



making the Rule gender neutral; amending Rule 6.47, making the Rule
gender neutral; amending Rule 6.50, making the Rule gender neutral;



amending Rule 6.53, making the Rule gender neutral; amending Rule 6.55,
making the Rule gender neutral; amending Rule 6.56, making the Rule
gender neutral; amending Rule 6.57, making the Rule gender neutral;
amending Rule 6.63, making the Rule gender neutral; providing for a
committee on claims; amending Rule 7.9, making the Rule gender neutral;
amending Rule 7.14, making the Rule gender neutral; clarifying interim
notices; amending Rule 7.16, making the Rule gender neutral; amending
Rule 7.17, making the Rule gender neutral; amending Rule 7.18, making
the Rule gender neutral; amending Rule 8.9, making the Rule gender
neutral; amending Rule 8.14, making the Rule gender neutral; amending
Rule 8.21, making the Rule gender neutral; amending Rule 9.1, making the
Rule gender neutral; amending Rule 9.2, making the Rule gender neutral;
amending Rule 9.3, making the Rule gender neutral; amending Rule 9.5,
making the Rule gender neutral; amending Rule 10.4, making the Rule
gender neutral; amending Rule 10.14, making the Rule gender neutral;
amending Rule 10.16, making the Rule gender neutral; amending Rule
11.1, making the Rule gender neutral; amending Rule 11.10, making the
Rule gender neutral; amending Rule 11.12, making the Rule gender
neutral; amending Rule 12.1, making the Rule gender neutral; amending
Rule 12.4, making the Rule gender neutral; amending Rule 13.4, making
the Rule gender neutral; amending Rule 13.8, making the Rule gender
neutral; amending Rule 14.2, making the Rule gender neutral; amending
Rule 14.4, making the Rule gender neutral; amending Rule 15.1, clarifying
that Florida Constitution takes precedence over other rules; amending
Rule 15.5, clarifying when a two-thirds vote of the membership is required;
amending Rule 15.6, making the Rule gender neutral; amending the
Standing Order on Distribution of Materials in the Chamber, making the
Order gender neutral.
Be It Resolved by the House of Representatives of the State of Florida:
That the Rules of the House of Representatives adopted for and during
the Regular Session 1994 shall govern the House for the Organization
Session 1994 and thereafter with the following specific exceptions:
Section 1. Rule 1.4 is amended to read:
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. The Minority Leader 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.
Section 2. Rule 1.10 is amended to read:
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 the his pleasure of
the Speaker and to perform such duties as may be assigned by the Speaker
from time to time.
Section 3. Rule 1.11 is amended to read:
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 except as provided in s.
11.0431, Florida Statutes. as- fellow



(a) -billo and amor
filed with tho Clerk,



Ldmonto thereto, rooolutiono and amondmonto thorCto
eommittooo and oubeommittooo;



(b) moosagoe and oommuni.ationo roocivod from the governor or the
other houoo of tho logiolaturo;
(o) transoripto or minutoo, if prepared, and journal rooordo of all
3000ionO and meotingo, including mootingo of eommittooo and
oubcommittooo and public hoaringo, with the rocordo of attondanco of
mombcro and rocordo of any votoo taken;
(d) final roporto oubmittod by committoco and oubeommittooo in
accordance with Rule 6.34 and Rule 6.50; and final otaff roporto oubmittod
to oommittooo and oubcommittoo;



8



November 22, 1994










JOURNAL OF THE HOUSE OF REPRESENTATIVES



(e) reeoriao owing t.te reeordac vote oi eac mecmor m ovry oeooiion
and very committo and oubcommittco mooting in which tho member
vetes;
(f roporto and finding required by law .to :o made and ou4bmittod to
the. Hou.o or an officer of the Houco;




and eeeemployee
procedures;
(i) fiocale roeordos, including theo operating budget of tho Heuo,
Financial and Compliane Audito of tho Logislaturo, account, vou horto,







ec quarterly rportaph (e of notRle 12 is am ene to reapnditur
(k) all roe shardo llwhih are rexpirationd by the rul term to boffice, made oliver rtaind.







n successor in office or, if there none, to the Cloerk all legislative records i
maintained tr-him ind the transaction of not official business. Whenever aru
standing or select committee or subcommittee is abolish, whe or expires, the
final determination ac to tho applicability of this rule to the paporo or
rooordo in question.
Section 4. Paragraph (e) of Rule 1.12 is amended to read:




12-legislative records maintained on behalf of such structanding or select
committee or subcommittee shall be transferred by the committeeition
(e) Wheneversecretary to the committee secretary of the standing or selet committee
or subcommittee directed by their Member has custody of assume the jurisative record the
Member he shall, at the expiration of the his term of office, deliver to the
his successor in office or, if there be none, to the Clerk all legislative records
maintained by him in the transaction of his official business. Whenever a


formestanding or select committee. If no committee is to assume tabolishe jurisdiction ofexpires, 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.
Section 5. Rule 5.1 is amended to read:
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 the hie private rights of the Member as distinct
from the public interest. This Rule shall not abridge the right of a Member
to enter on the Journal the Member's his reasons for such abstention
pursuant to Rule 5.11.
Section 6. Rule 5.3 is amended to read:
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 chair chairman. The committee chair chairman may
authorize a staff member to sign for bills.
Section 7. Rule 5.4 is amended to read:
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 the Member's his presence, shall thereafter
be deemed as present unless leave of absence is obtained from the Speaker.
Section 8. Rule 5.6 is amended to read:



5.6-Legislative Ethics and Official Conduct



Legislative office is a trust to be performed with integrity in the public
interest. A Member of the House is jealous of the confidence placed in the
Member hiBa by the other Members and by the people and-by- hie
elleagu.es. By personal example and by admonition to colleagues whose
behavior may threaten the honor of the lawmaking body, the Member he
shall watchfully guard the responsibility of hie office and the
responsibilities and duties placed on the Member 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.
Section 9. Rule 5.7 is amended to read:
5.7-The Integrity of the House
A Member shall respect and comply with the law and shall perform
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 perform coeduct himself at all times in a manner that
promotes a professional environment in the House, free from
discrimination.
Section 10. Rule 5.8 is amended to read:
5.8-Improper Influence; Solicitation of Campaign Contributions
(1) A Member of the House shall accept nothing which reasonably may
be construed to improperly influence the Member's hie official act, decision
or vote.
(2) A Member of the House shall neither solicit nor accept any
campaign contribution during the sixty-day regular legislative session on
the Member's his own behalf or on behalf of a political party or on behalf
of a candidate for the House of Representatives; however, a Member may
contribute to the Member's his own campaign.
Section 11. Rule 5.9 is amended to read:
5.9-Conflicting Employment
A Member of the House shall not allow hie personal employment to
impair the Member's hie independence of judgment in the exercise of hie
official duties.
Section 12. Rule 5.10 is amended to read:
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 the Member himself or another when such activity is in
substantial conflict with the his duties of as a Member of the House.
Section 13. Rule 5.11 is amended to read:
5.11-Disclosure Disqualification
A Member of the House prior to taking any action or voting upon any
bill in which the Member he knows or believes the Member he or the
Member's a member of his family has a personal, private or professional
interest which inures to the Member's his special private gain, or to that
of the Member's a member -ofhis family, or the special gain of any principal
by whom the Member he or the Member's 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, the Member he shall file a
memorandum with the committee secretary, who shall attach such
memorandum to the committee report. Upon disclosure, such Member
may not vote disqualify himself from voting on a bill in which the Member
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.
Section 14. Rule 5.12 is amended to read:
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
other Members his eelleagues.



November 22, 1994



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JOURNAL OF THE HOUSE OF REPRESENTATIVES



Section 15. Rule 5.13 is amended to read:
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 the Member's 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.
Section 16. Rule 5.19 is amended to read:
5.19-Complaints of Violations of the Standards of Conduct; Procedure
(a) Filing of Complaints. The Chair Ghairman 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 Chair 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 Chair Chairman of the Rules &
Calendar Committee shall be in writing and under oath, setting forth in
simple, concise statements the following:
1. the name and legal address of the party filing the complaint
(complainant);
2. the name and position or title of the Member or officer of the House
of Representatives (respondent) alleged to be in violation of the House
Code of Conduct or a law, rule, regulation or other standard of conduct;
3. the nature of the alleged violation based upon the personal
knowledge of the complainant, including, if possible, the specific section
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 chair 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 chair chairman shall examine each complaint for jurisdiction
and for compliance with subsection (a)(2) of this Rule.
c. Should the chair 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 chair 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 chair chairman shall dismiss the complaint and
notify the complainant and the respondent of such action.
e. Should the chair chairman determine that the complaint is outside
the jurisdiction of the House, the chair he shall dismiss the complaint and
notify the complainant and the respondent of such action.
f. Should the chair chairman determine that a violation is inadvertent,
technical, or otherwise of a de minimis nature, the chair he may attempt
to correct or prevent such a violation by informal means.
g. Should the chair 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 chair




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, the Speaker he
shall also appoint one member of the panel as its chair 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.
(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 chair 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



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November 22, 1994










JOURNAL OF THE HOUSE OF REPRESENTATIVES



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, the Speaker 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, the Speaker 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. Chair Chairman. The chair 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
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 chair 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 chair 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 chair 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 chair's chairman'* 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 chair's ehairman'i or the
referee's discretion. (Participation by the select committee at the hearing
stage is at the sole discretion of the select committee and is not
mandatory.)
(4) Burden of Proof. At the hearing, the burden of proof rests on the
select committee's staff or the appointed independent counsel to establish
the facts alleged by clear and convincing evidence with respect to each
count.
(e) Committee Recommended Order.
(1) Committee Deliberations. As soon as practicable, the select
committee shall consider each count contained in a statement of alleged
violation or in a complaint and findings, as the case may be. A count shall
not be proven unless at least a majority of the select committee votes for
a motion that the count has been proved. A count that is not proved shall
be considered as dismissed by the select committee.
(2) Dismissal of Complaint. After the hearing, the select committee
shall, in writing, state its findings of fact. If the select committee finds that
the respondent has not violated any of the provisions of the House Code
of Conduct, or a law, rule, regulation or other standard of conduct, it shall



order the action dismissed and shall notify the respondent and the
complainant of such action.



November 22, 1994



11









JOURNAL OF THE HOUSE OF REPRESENTATIVES



(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 chair 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 Chair 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 Chair Chairman of the Committee on Rules & Calendar,
a determination as to probable cause with respect to a complaint by a
Special Master or panel, or the receipt by the Speaker of a request in
writing from the respondent that the complaint and other records relating
to the complaint be made public records.
(i) Referee. The Select Committee on Standards of Official Conduct
may, in its discretion and with the approval of the Speaker, employ a
referee to preside over the proceedings, to hear testimony, and to make
findings of fact and recommendations to the select committee concerning
the disposition of complaints.
(j) Independent Counsel. The Select Committee on Standards of
Official Conduct is authorized to retain and compensate counsel not
regularly employed by the House, as authorized by the Speaker.
(k) Attorney's Fees. When a Probable Cause Panel or a Special Master
finds that probable cause does not exist or the select committee finds that
the respondent has not violated any of the provisions of the House Code
of Conduct or a law, rule, regulation or other standard of conduct, the panel
or Special Master or the select committee may recommend to the Speaker
that the reasonable attorney's fees and costs incurred by the respondent



be paid by the House. Payment of such reasonable fees and costs shall be
subject to the approval of the Speaker.



(1) Eligibility.
(1) Speaker of the House. In the event that any allegation considered
or referred to the Chair 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 Chair Chairman of the Rules &
Calendar Committee. The duties of the Chair Chairman of the Rules &
Calendar Committee under this Rule shall be transferred to the Vice Chair
Chairman of the Rules & Calendar Committee when the duties of the
Speaker pursuant to this Rule are transferred to the Chair Chairman of the
Rules & Calendar Committee.
(2) Rules & Calendar Committee Chair Chairman. In the event that
any allegation considered or referred to the Chair Chairman of the Rules
& Calendar Committee involves the conduct or activities of the chair
ehaisman of such committee, the duties of the chair chairman pursuant to
these Rules shall be transferred to the Vice Chair 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 Chair Ghairman 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 Chair Chairman of the Rules & Calendar Committee
and subsequently filed with a commission or quasi-judicial agency with
concurrent jurisdiction, the Chair 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 chair 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
Chair 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 Chair Chairman
of the Rules & Calendar Committee. If it can be concluded from the face



12



November 22, 1994












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 Chair Chairman of the Rules & Calendar Committee. The
complaint and all material related thereto shall remain confidential.
Section 17. Rule 5.24 is amended to read:
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 the 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.
Section 18. Rule 5.26 is amended to read:
5.26-Requests by a Member that the Speaker or Chair 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 Chair
Chairman of the Committee on Appropriations initiate the procedures of
s. 216.177(2)(b) o.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
chair 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 chair chairman shall promptly notify the Speaker and the Member of
the his findings and any proposed course of action under chapter 216,
Florida Statutes.
Section 19. Rule 6.1 is amended to read:
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
Claims
Commerce
Community Affairs
Corrections
Criminal Justice
Education



13



Health Care
Higher Education
Insurance
Judiciary
Juvenile Justice
Natural Resources
Regulated Industries
Rules & Calendar
Tourism & Cultural Affairs Economic Develcpment
Transportation
Utilities & Telecommunications
The Speaker 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.
Section 20. Rule 6.2 is amended to read:
6.2-Subcommittees
The Speaker shall establish standing subcommittees and appoint their
members. The Speaker 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. The Speaker He shall consult
the chairs chairmen of the parent committees regarding appointment of
subcommittees.
Section 21. Rule 6.3 is amended to read:
6.3-Committees Other Than Standing
Creation and appointment of select committees shall be in the
discretion of the The Speaker shall, in hio discretion or as authorized by
the House., creat e and appoint sclect committes, The Speaker shall
designate designating the chair chairmen and vice chair 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.
Section 22. Rule 6.7 is amended to read:
6.7-Meetings During Extended and Special Sessions
During extended and special sessions, committees shall meet at the call
of the chair chairmen as business requires.
Section 23. Rule 6.8 is amended to read:
6.8-Officers of Committees
The Speaker shall designate one member of each standing or select
committee as chair chairman and another as vice chair chairman.
Section 24. Rule 6.9 is amended to read:
6.9-Authority of Vice Chair Chairman
In the event of the death, incapacity, or resignation of a chair chairman,
the vice chair chairman shall perform the necessary duties of the office
until the Speaker names a successor to the chair chairman.
Section 25. Rule 6.10 is amended to read:
6.10-Temporary Presiding Officer
In the absence of the chair chairman and vice chair chairman from a
scheduled meeting, the Speaker may designate one of the remaining
members as the temporary presiding officer.
Section 26. Rule 6.11 is amended to read:
6.11-Removal of Chair Chairman
A committee chair 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 chair 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



November 22, 1994



JOURNAL OF THE HOUSE OF REPRESENTATIVES



Efmployec ivianagement tRiations
Ethics & Elections
Finance & Taxation
Governmental Operations









14



the chair 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 chair
chairman to the full House.
(e) If a majority of the House shall vote to remove a chair chairman
following such petition, the Speaker shall immediately remove said chair
chairman and shall appoint a different chair chairman as soon as
practicable.
(f) Removal by committee petition shall be available only once by such
committee in any regular session.
Section 27. Rule 6.12 is amended to read:
6.12-Chair's Chirm 's Authority; Appeals
The chair chairman shall sign all notices, vouchers, subpoenas or reports
required or permitted by these Rules. The chair He shall decide all
questions of order, subject to an appeal by any committee member, and the
appeal shall be certified by the chair 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 chair 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.
Section 28. Rule 6.13 is amended to read:
6.13-Meetings of Standing and Select Committees and Subcommittees
Standing and select committees and subcommittees shall meet at the call
of the chair chairman or, in the his absence of the chair, the vice chair
chairman or temporary presiding officer, or by three or more members who
shall give notice in writing as otherwise required.
Section 29. Rule 6.15 is amended to read:
6.15-Evening Meetings
The committee chair 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.
Section 30. Rule 6.17 is amended to read:
6.17-Consideration of Bills, Including Proposed Committee Bills
The chair chairman or, in the his absence of the chair, the vice chair
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.



November 22, 1994



Section 31. Rule 6.19 is amended to read:
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 chair chairman a
timely written request notice f 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.
Section 32. Rule 6.21 is amended to read:
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 chair chairman a timely written request notice
ef hi 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.
Section 33. Rule 6.22 is amended to read:
6.22-Attendance Upon Meetings Required
A Member member shall be expected to attend all meetings of
committees to which appointed, unless excused by the chair 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 chair chairman of the committee, the Speaker
shall make an appointment to such vacancy.
Section 34. Rule 6.25 is amended to read:
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 chair 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.
Section 35. Rule 6.28 is amended to read:
6.28-Reference of Bills to Subcommittees
The chair 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 chair chairman shall concurrently notify the Clerk
of the House of the action on forms provided for that report.
Section 36. Rule 6.32 is amended to read:
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 chair chairman to the committee or
subcommittee upon a point of order.
Section 37. Rule 6.34 is amended to read:
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.



JOURNAL OF THE HOUSE OF REPRESENTATIVES









JOURNAL OF THE HOUSE OF REPRESENTATIVES



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
(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, the Clerk 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.
Section 38. Rule 6.36 is amended to read:
6.36-How Authenticated
A committee report shall be signed by the chair chairman or, in the
absence of the chair his-absenee, the vice chair chairman or temporary
presiding officer, using forms prescribed by the Clerk of the House.
Section 39. Rule 6.40 is amended to read:
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 chair chairman or, in the absence of the chair his-absenee,
the vice chair 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 cosponsor of the substitute unless the Member he notifies
the committee secretary in writing that the Member he wishes to withdraw
as a cosponsor. If all sponsors of the original bill request to withdraw as a
cosponsor, the committee substitute shall not be delivered to or accepted
by the Clerk for introduction, unless another Member consents to be
designated hit designation as a cosponsor, 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.
Section 40. Rule 6.42 is amended to read:
6.42-Committee Bills; Designation of Cosponsors
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 cosponsor(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 be designated his designation as a
cosponsor, the bill shall not be delivered to or accepted by the Clerk for
introduction.
Section 41. Rule 6.44 is amended to read:
6.44-Designation of Subcommittee Chairs Ghairmen
The chairs chairmen of the parent committees shall designate the chairs
chairmen of the subcommittees except in the case of the Committee on
Appropriations, whose subcommittee chairs chairmen shall be appointed
by the Speaker.
Section 42. Rule 6.45 is amended to read:
6.45-Temporary Presiding Officer



or a member of the subcommittee designated by the chair chairman of the
parent committee shall serve as the temporary presiding officer. The chair
ehairmam of the parent committee may delegate to the chair chairman of
the subcommittee the authority to appoint a member of the subcommittee
as the temporary presiding officer.
Section 43. Rule 6.46 is amended to read:
6.46-Recording Secretary
The chair ehair'ma 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.
Section 44. Rule 6.47 is amended to read:
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 chair chairman of the parent committee or
by the Speaker on point of order. The chair chairman of the parent
committee shall, ex officio, be an additional voting member of each
subcommittee at the chair's ehairman'i pleasure. However, for the purpose
of quorum, the committee chair chairman shall not be included in the
membership of a subcommittee.
Section 45. Rule 6.50 is amended to read:
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 chair chairman or, in the
his absence of the chair, 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.
Section 46. Rule 6.53 is amended to read:
6.53-Consideration of Subcommittee Reports
(a) A bill when reported by a subcommittee shall be transmitted to the
parent committee. The chair 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.
Section 47. Rule 6.55 is amended to read:
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.



In the absence of the chair chairman of a subcommittee from a scheduled (b) Each committee is authorized to maintain a continuous review of
meeting of the subcommittee, the chair chairman of the parent committee the work of the state agencies concerned with its subject area and the



November 22, 1994



15









16 JOURNAL OF THE HOUSE

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.
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 chair 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 chair 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
chair 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, r 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 chair 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 chair 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 the person 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



]



(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



E OF REPRESENTATIVES November 22, 1994

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) 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 the person him of the subject matter of such
committee's investigation or inquiry and a notice that the person 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 chair chairman, or in
the his absence of the chair, the vice chair chairman, shall instruct all
witnesses to leave the meeting room and retire to a designated place. The
witness will be instructed by the chair chairman, or in the his absence of
the chair, the vice chair chairman, not to discuss the witness's hie
testimony or the testimony of any other person with anyone until the
meeting has been adjourned and the witness discharged by the chair
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 the witness 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 chair 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 chair chairman may direct.
(5) A witness at a meeting, upon his advance request and at the
witness's his own expense, shall be furnished a certified transcript of the
witness's 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 of the person whose name is
mentioned or upon the request of any member of such committee, appear
personally before such committee and testify an 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.













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
said complaint and shall direct the witness to respond to all lawful
questions and to produce all documentary evidence in his possession of the
witness 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.]
Section 48. Rule 6.56 is amended to read:
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 the witness's 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



17



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 chair chairman of any committee determines that such
procedure would expedite the inquiry or save expenses, the chair 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 chair chairman. Participation by such counsel at the
depositions may also be allowed at the discretion of the chair chairman.
Any requests for attendance or participation should be addressed to the
chair chairman. If the requests are denied, a person may appeal the chair's
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 chair 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 chair 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 chair chairman of the committee or to any committee member
designated by the chair chairman to pass on such questions.
Communication shall be made with the chair 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.
Section 49. Rule 6.57 is amended to read:
6.57-Conference Committee Membership; Procedures
(a) The Speaker shall appoint all House managers for conference
committees. The Speaker He shall determine the number as need appears
and-H4e 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 chair Chairman or, in the his absence of the chair, the vice
chair 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.



Section 50. Rule 6.63 is amended to read:
6.63-Procedures for Claim Bills



November 22, 1994



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(a) All claim bills r-eferred t o th Committee n Judiciary may b
subrcfcrrcd to the Subcommittee en Claims.
(a)} All claim bills referred to the Committee Subco t 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.
(b){4e 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.
(c)d4 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.
(d)-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 Chair Chairman of the
Committee on Claims Judiciary.
(e)f44 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.
(f)f(g The final report of the Special Master shall be submitted to the
Committee CC on Claims.
(g){14 Any objections to the Special Master's final report shall be
submitted in writing to the Committee S :i on Claims prior to
the committee ub itt hearing.
(h)-i) At the committee bc t 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 committee subcommitte- .
(i)fj- The claimant, if represented by counsel, shall furnish the
committee oubcommittoC with a verified statement of the his fee
arrangement including the actual costs of perfecting the claim.
(j){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.
Section 51. Rule 7.9 is amended to read:
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 chair ehairmEa 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.
Section 52. Rule 7.14 is amended to read:
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 chair 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.
(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 chair chairman may
provide in the notice for the first meeting that bills agendaed for the first
meeting and not reported out 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.
Section 53. Rule 7.16 is amended to read:
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 the Speaker's 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.
Section 54. Rule 7.17 is amended to read:
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.



18



November 22, 1994










JOURNAL OF THE HOUSI



(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
12:00 noon of the fourteenth day of session unless accompanied by a
certificate of urgent public need for introduction signed by the committee
chair chairman and approved by the Speaker.
(d) During any special session, all bills filed for introduction, except a
simple House resolution or 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.
Section 55. Rule 7.18 is amended to read:
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 cosponsor
of the substitute by the committee secretary unless the Member notifies
the secretary in writing that the Member wishes to withdraw as a
cosponsor. If all sponsors of the short form bill request to withdraw as a
cosponsor, the committee substitute shall not be delivered to or accepted
by the Clerk for introduction, unless another Member consents to be
designated his-designation as a cosponsor, and the original short form bill
shall be reported "unfavorably" in accordance with Rule 6.34.
Section 56. Paragraph (b) of Rule 8.9 is amended to read:
8.9-Reference to Different Committee; Withdrawal from Committee
(b) The question of proper reference may be raised at any time by the
chair chairman of a committee claiming jurisdiction, and this shall be
decided by a majority vote of those voting.
Section 57. Rule 8.14 is amended to read:
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
intent 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 the his purpose, and
two-thirds vote shall then be given or refused without further debate.
Section 58. Rule 8.21 is amended to read:
8.21-Bills Informally Deferred-Members Absent
Whenever the Member who introduced a bill, or the chair 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 the Member's 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.



Section 59. Rule 9.1 is amended to read:
9.1-Taking the Yeas and Nays



November 22, 1994



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



E OF REPRESENTATIVES 19

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 the Speaker 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 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.
Section 60. Rule 9.2 is amended to read:
9.2-Change of Vote
After the result of a roll call has been announced, a Member may advise
the Clerk of (1) the Member's hie wish to be recorded as to how the Member
he would have voted or (2) the Member's his wish to change a 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.
Section 61. Rule 9.3 is amended to read:
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 the Member's
his request when absent from the Member's 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.
Section 62. Rule 9.5 is amended to read:
9.5-Explanation of Vote
No Member shall be permitted to explain a his vote during a roll call,
but may reduce an 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.
Section 63. Rule 10.4 is amended to read:
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 the 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.
Section 64. Paragraph (a) of Rule 10.14 is amended to read:
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










20 JOURNAL OF THE HOUSE

opponent shall be allowed three minutes each within which to discuss the
same, and each may divide the his time with, or waive this 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?"
Section 65. Rule 10.16 is amended to read:
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 the his time with, or waive this 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.
Section 66.. Paragraph (d) of Rule 11.1 is amended to read:
11.1-General Form; Manner of Consideration
(d) Amendments shall be taken up only as sponsors gain recognition
from the Speaker to move their adoption, except that the chair chairman
of the committee (or in the his absence of the chair, the vice chair chairman
or any member thereof) reporting the measure under consideration shall
have preference for the presentation of committee amendments.
Section 67. Paragraph (c) of Rule 11.10 is amended to read:
11.10-Senate Amendment to House Bill
(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 chair Chairman of the reporting
committee.
Section 68. Rule 11.12 is amended to read:
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 the his ruling on the point of order.
Section 69. Rule 12.1 is amended to read:
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", "Mioo", "Mo.", "Mro.", "Lady", or
"Representative."
Section 70. Rule 12.4 is amended to read:
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 the Member him) may open and close, where general debate
has been had thereon; and the Member he shall be entitled to five minutes
to close, notwithstanding ho may have uod fifteen minutes may have been
used (ten minutes after the first twenty calendar days) in opening. The
Member proposing an amendment or moving a motion (or someone



II



SOF REPRESENTATIVES November 22, 1994

designated by the Member him) shall be entitled to five minutes to close,
notwithstanding ho may have uocd fifteen minutes may have been used
(ten minutes after the first twenty calendar days) in opening. However, this
section shall not deprive the sponsor or mover of the 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.
Section 71. Rule 13.4 is amended to read:
13.4-Obligations of Lobbyist
A lobbyist shall supply facts, information, and opinions of principals to
Legislators from the point of view which the lobbyist 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 the lobbyist's his relationship with
Legislators as well as with the principals whom the lobbyist 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.
Section 72. Rule 13.8 is amended to read:
13.8-Complaints Relating to Lobbyists; Procedure
(a) Filing of Complaints. The Chair Ghairmas 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 Chair 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 Chair 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 Chair chairman shall notify the
lobbyist against whom the complaint has been filed and give such person
a copy of the complaint.
b. The Chair chairman shall examine each complaint for jurisdiction
and for compliance with subsection (a)(2) of this Rule.
c. Should the Chair 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.










JOURNAL OF THE HOUSE]



d. Should the Chair 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 Chair chairman shall dismiss the complaint and notify the
complainant and the respondent of such action.
e. Should the Chair chairman determine that the complaint is outside
the jurisdiction of the House, the Chair he shall dismiss the complaint and
notify the complainant and the respondent of such action.
f. Should the Chair chairman determine that a violation is inadvertent,
technical, or otherwise of a de minimis nature, the Chair he may attempt
to correct or prevent such a violation by informal means.
g. Should the Chair 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 Chair 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, the Speaker he
shall also appoint one member of the panel as its chair 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 chair 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



November 22, 1994



e. Complainant's lights. 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.



E OF REPRESENTATIVES 21

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. 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, the Speaker 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. Chair Ghairman. The chair 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.










JOURNAL OF THE HOUSE OF REPRESENTATIVES



(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 chair 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 chair 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 chair 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 chair's 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 chair's 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.
(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 chair 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 Chair 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 Chair 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 Chair 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 Chair chairman of the Rules & Calendar



Committee. The duties of the Chair Chairman of the Rules & Calendar
Committee under this Rule shall be transferred to the Vice Chair



November 22, 1994



22










JOURNAL OF THE HOUSI



Chairman of the Rules & Calendar Committee when the duties of the
Speaker pursuant to this Rule are transferred to the Chair Ghairman of the
Rules & Calendar Committee.
(2) Rules & Calendar Committee Chair Ghairman. In the event that
any allegation considered or referred to the Chair Cheirman of the Rules
& Calendar Committee involves the conduct or activities of the Chair
chairman of such committee, the duties of the Chair ehalirfman pursuant
to these Rules shall be transferred to the Vice Chair Ghairman 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 chair 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.
(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 Chair 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 Chair 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 Chair Chairman of the Rules & Calendar Committee. The complaint
and all material related thereto shall remain confidential.
Section 73. Rule 14.2 is amended to read:
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 chairs 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.



Section 74. Rule 14.4 is amended to read:
14.4-Recognition of Guests



November 22, 1994



se-es



Whenever a word donoteo a particular ox, it hall include both



Section 78. The Standing Order on Distribution of Materials in the
Chamber is amended to read:
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 chair chairman.
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)
-was read the first time by title and the second time by title. On motion
by Rep. Ritchie, the resolution was adopted.



E OF REPRESENTATIVES 23

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 Chair Chairman of the
Committee on Rules & Calendar to call the attention of the Speaker to
infractions of this Rule.
Section 75. Rule 15.1 is amended to read:
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 Florida Constitution or 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.
Section 76. Rule 15.5 is amended to read:
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 unless the Constitution requires two-thirds of the
membership mombrhip ohll be required
to oonoidor additional proposed logiolation in any extended or opocial
oooion in acoordnanoe with ArticleH III, Setion 3 of the Conotitution.
Section 77. Rule 15.6 is amended to read:
15.6-General
When used in these Rules, the following ..ordo "ha-l, unless the text
otherwise indicates, havo the following roopotivo moani
(a) the singular always includes the plural.



. o



- -- -









24 JOURNAL OF THE HOUSE

By Representative King-
HR 3-Org.-A resolution relating to designation of the entranceway
building of the University Center at Florida State University as the "T. K.
Wetherell Building."
WHEREAS, T. K. Wetherell's legislative career began in November
1980 when he was first elected to the Florida House of Representatives and
culminated with his term as House Speaker in 1990-1992, and
WHEREAS, with his special interest in education and experience as a
teacher and educational administrator, T. K. Wetherell worked
energetically over the years to promote excellence in education, and
WHEREAS, T. K. Wetherell did, indeed, play with distinction as a
scholarship athlete on the Florida State University football teams of 1963
through 1967, and
WHEREAS, T. K. Wetherell was instrumental in the creation of the
University Center at Florida State University, NOW, THEREFORE,
Be It Resolved by the House of Representatives of the State of Florida:
That the Florida House of Representatives, in its organizational session
assembled, hereby proclaims its intention to pass legislation designating
the entranceway building of the University Center at Florida State
University the "T. K. Wetherell Building." Such designation shall be in
very prominent exterior lettering, clearly visible to even the casual passer-
by.
BE IT FURTHER RESOLVED that a copy of this resolution be
presented to Mr. T. K. Wetherell 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. King, the resolution was adopted.

Remarks by Republican Leader
The Speaker recognized Rep. Webster, Republican Leader, who
addressed the House from the well as follows:
Rep. Webster: Thank you, Mr. Speaker-and congratulations to
you-and Members, honored guests, first of all I'd like to introduce my
family who are in the back, if we can get them all together and standing
at one time. And some of them aren't tall enough to be seen, but, my wife,
Sandy, and then from the tallest to the shortest, David, he's six-five, and
then Brent, six-three, and then Jordan, and John, and Elizabeth, and our
newest addition is Victoria-[applause] one more time.
And now I'd like for our Republican Members to stand. We've never had
this many, but this is a picture of an offer of cooperation to the rest of the
Members of this House. It's also a display of a resolve and a commitment
to our principles that we stand for and that we, along with you, feel like
there is an opportunity here for each of us to be heard. And we see, as the
time has come along, maybe a flattening out of the way things are heard
and debated and even the final outcome. And we believe that these
Members, along with myself, and along with the rest of you, can work
together to bring about a better Florida.
Mr. Speaker, we remain the loyal, vigilant, and ever growing loyal
opposition. [applause]

Presentation
The Speaker recognized Rep. King for the purpose of making a
presentation.
Rep. King: Mr. Speaker, House Members, and honored guests, every
institution of higher learning has its traditions and its honors. My alma
mater, Florida State University, is no exception. The highest honor
bestowed by that institution is being selected by secret balloting to have
a commemorative cup dedicated in your honor. As a result of years of
personal commitment and public service to Florida in general, and to
public education in particular, FSU has chosen former Speaker and 1973
graduate, Bo Johnson, for such an honor. Each of you have been given a



sleeve of these commemorative cups which will be the official cup at this
Saturday's FSU versus University of Florida game. Speaker Johnson, on
behalf of your university, this Chamber, and the state of Florida, I'm
honored to present to you this trophy of your commemorative cup.
Congratulations and thank you. [applause]



]



today.
My parents taught me that good politics go hand in hand with sound and
strong principles. They taught me that principles are no more incompatible
with politics than common sense is. Their character and example have



E OF REPRESENTATIVES November 22, 1994

Former Speaker Johnson: Thank you very much, Jim and friends
in the Legislature, it's a very special honor to have my likeness committed
to a cup and not to a pair of shoes. [laughter]
When I was a student at Florida State, I worked for the athletic
department and my job was to take the tickets as people entered the
stadium on the day of the football game. And it is a very special privilege
for me today to know that I've had a hand in helping to build University
Center, and the magnetic lab, and distance learning program, and pre-
medical center, and other special areas of learning at Florida State
University. It really does help to show a lot about the opportunities that
we have in this great state, and this great nation. To go from the one taking
tickets to the one helping to build a successful program-we all have some
contribution to make. And when it comes to the Florida Legislature, and
to Florida State University, my cup runneth over. Thank you. [applause]

Designation of Dean of the House
The Speaker announced the designation of the Honorable Elvin L.
Martinez as Dean of the House.
Rep. Martinez: Thank you, Mr. Speaker, ladies and gentlemen, don't
mess with my parking place. [laughter] That's rule one. [laughter] Let
me just welcome all of the freshmen. You will never enjoy any kind of
service more than you will serving in the House of Representatives. There's
a lot of work to be done. And there's a lot to be done in juvenile justice and
criminal justice. And we'll all work together. And any way that I can help
make your life a little easier, please call on me. Thank you. [applause]

Remarks by the Speaker
Speaker Wallace: I now have the opportunity to make several
remarks to this House as we await a committee which will announce to us
that the Senate is organized and ready. I want to thank each of you for
being here, former Speakers, and it's a real pleasure to have these former
Republican leaders here today. My family and colleagues, friends from
St. Petersburg, as we organize to take up the business of the 1995 Florida
Legislature, I see a House of Representatives that's very different from the
House I saw the very first time I attended a session of this Legislature-
not as a Member, but as an observer from the gallery. It was the spring of
1982, and I arrived on the day that Speaker Ralph Haben came down from
this rostrum to engage in a worthy and intelligent debate with the
Republican leader, Curt Kiser, over the future of Florida sales tax. That
day, as much as any other, inspired me to seek election to this House.
At the dawn of the 1980s, these seats were occupied by few women, few
African-Americans, few Hispanics, and, yes, far fewer members of the
Republican Party. Even then, Florida was far more diverse than its
Legislature.
My freshman class, the class of 1982, began to change that, and it has
continued to change. But perhaps never as much as it has this year. My
congratulations to you all.
This is not the Florida my grandfathers knew when they moved here in
the 1920s. But it is one I think they would have understood and
appreciated. My Grandfather Rudy-because he helped start the
Republican Party in Pinellas County almost 50 years ago-he always
wanted this to be a two-party state, and I expect he's smiling up there
today.
My Democratic Grandfather Wallace would appreciate it because he
believed in free and open debate on the important issues of the day, the
kind of debate that I witnessed the first time I sat in that gallery.
There was a time, I'll admit, as President of the Pinellas County Teenage
Republicans, that I didn't know which side of the political boundary I
would fall on. But eventually, I found my place and I am very, very
comfortable with it.
But I haven't forgotten the ideals and the values that have always driven
people of good will on both sides of the aisle, and on both sides of these
partisan lines. Those ideals and those values are very present in this House













always been an inspiration to me, and as well to the four brothers I was
raised with and who remain my best friends. I want to recognize my family
yet again. [applause]
And I'm grateful to have the help of people of the quality of Jack and
Mickie Ascherl to help address the challenges which we face in the months
and years ahead. We are challenged in the next two years like never before.
We are challenged to improve the health, the well-being, and the safety of
our children, both because they are our children, and also because they are
our future. We are challenged to see to the safety of our communities-to
see that homes, streets, schools, and businesses are not marred by the
tragedy of violent crime. We are challenged to give our children access to
quality higher education-to provide them with the research and technical
skills which our bright future will demand. We are challenged to preserve
adequate, pure water for a growing state, water for people, and water for
economic prosperity. We are challenged to redefine Florida as a center for
international trade with the kind of vibrant, high-wage economy that that
role implies. And we are challenged to respond to those issues with limited
resources, to do more with less. To that end, we will be increasing the
number of committees in the House slightly, but not the staff or the
resources of the House itself.
We are no longer candidates, we are now the peoples' representatives,
and we are colleagues in the great work that lies ahead of us. We will often
be reminded that the promises that come so easily during a political
campaign come much harder as we now try to bring them to fruition. It will
be difficult. It will call for a lot of work. It will call for the understanding
of our spouses and children who will share the sacrifices that lie ahead in
the months and years before us.
My family, particularly Helen and Daniel and Hannah, have made those
sacrifices year in and year out, particularly in the six years since I began
to seek the office of Speaker of this House. Along the way, in the last two
weeks, during which time I had nothing else to do, [laughter] Helen
finished, defended, and turned in her master's thesis to Florida State
University, [applause] and I want to commend her and, so yes,
Mr. Speaker Johnson, there is a Seminole in charge of the house.
[laughter]
This is a very different Florida than my grandparents knew. This is a
very different House of Representatives, a better one, more accurately
matching Florida in its diversity, in the range of its talents and perspectives
which it embraces-better in the ethical rules and safeguards it employs,
better in its effectiveness, its openness, its accountability. But for all the
changes, there is a rising crisis of confidence among the people we serve.
As citizen legislators, we see it, we hear it, we feel it every day of our lives.
To address that crisis and the challenges of growth and change in Florida
will take a higher level of cooperation across partisan lines than we have
ever known. The elections are over. It's time for us to bind up the wounds
of an adversary system and get on with the peoples' business.
So I want to again extend a hand of cooperation to the Republican
Leader, Representative Webster, to the Republican pro tempore,
Representative Morse. I look forward to working with you closely and
productively in the months ahead.
Today, more than ever, we will have to be willing to look beyond party
lines if we are going to be effective as a legislature. Because, it will be as



25



a legislature, not as Republicans or Democrats, that we will be remembered
if we succeed, or if we fail, in preparing Florida for its very bright future.
Thank you very much. [applause]

Committee from the Senate
A committee from the Senate consisting of Senators Casas, Diaz-Balart,
Gutman, Harden, Hargrett, Holzendorf, Jones, and Silver was received and
announced that the Senate was organized.

Motion
On motion by Rep. Minton, the rules were waived and all organization
remarks were ordered spread upon the Journal.

Committee Meeting Notices
On motion by Rep. Frankel, the rules were waived to allow committees
to submit notices to the Clerk no later than December 2 for meetings
scheduled the week of December 12-16.

Select Committees
On motion by Rep. Betancourt, under Rule 6.3, the Select Committee on
Child Abuse & Neglect, the Select Committee on Educational Facilities,
and the Select Committee on Water Policy were clothed with the powers
of a standing committee.

Motion to Adjourn
Rep. Ritchie moved that the House adjourn sine die.

1992-1994 Committee Appointments
Notice of the following appointments was received after the
adjournment of Special Session "D" on June 9, 1994.
Speaker Johnson advised that he had appointed Rep. Bradley to the
Subcommittee on School Accountability of the Committee on Education
and to the Subcommittee on Health & Life Insurance of the Committee on
Insurance.
The Speaker advised that he had appointed the following Members to
the Select Committee on Telecommunications: Rep. Tobin, Chair; Reps.
Boyd, Clemons, Davis, Dawson, Eggelletion, Logan, McClure, Merchant,
Safley, Valdes, and Warner.
The Speaker advised that he had appointed the following Members,
under Rule 5.19(d), to the Select Committee on Standards of Official
Conduct: Rep. Klein, Chair; Reps. Boyd, Gay, Villalobos, and
Wasserman Schultz. Subsequently, Rep. Boyd resigned and the Speaker
appointed Rep. Crady. The sole purpose for creating the Committee was
to consider the Final Order and Public Report by the Committee on Ethics
against Rep. Thrasher.

Adjournment
Pursuant to the previous motion by Rep. Ritchie, the House of
Representatives, having completed its organization, adjourned at
11:44 a.m., sine die.



November 22, 1994



JOURNAL OF THE HOUSE OF REPRESENTATIVES










JOURNAL OF THE HOUSE OF REPRESENTATIVES



November 22, 1994



CERTIFICATE
THIS IS TO CERTIFY that the foregoing pages numbered 1 through
25, inclusive, are and constitute a complete, true, and correct journal and
record of the proceedings of the House of Representatives of the State of
Florida at the Organization Session of the Seventy-seventh House since
Statehood in 1845, convened under the Constitution, held November 22,
1994.




Clerk of the Hoe
Tallahassee, Florida
November 22, 1994



26















INDEX


to the


JOURNAL OF THE HOUSE OF REPRESENTATIVES



Organization Session


November 22, 1994



Miscellaneous Subjects



Pages Subject



BILLS
HR 3-Org.; "T. K. Wetherell Building"................................................24
COMMITTEES
Appointments, 1992-1994 ................................................................... 25
M meeting notices........................................................................................ 25
Select committees clothed with powers of standing committees.......25
LEADERSHIP
Dean of the House................................ ..............................24
MEMBERS
Certified List......................................... .......... ........ ...... 1-2
Oath of Office ................................................. .............................. 2
OFFICERS
Clerk; election-remarks by Reps. Sanderson and Turnbull ...............7
Clerk-emeritus/Historian; designation .................................................8.
Oath of Office
Clerk .............................................................. ...............................7
Sergeant at Arms ............................. .................................8
Speaker.............................................................. .....................................
Speaker pro tempore.................................. ......................... 6
Sergeant at Arms; designation........................................................... 8



Speaker; election-remarks by Reps. Ritchie, Logan,
Mackenzie, Starks, Valdes, Merchant, and Littlefield ............... 2-5
Speaker pro tempore; election-remarks by Reps. Cosgrove,
Reddick, Jones, and Villalobos......................................................... 5-6



PRAYER



.......................................................................... ..............................2



PRESENTATION
G uests.......................................................... ................................... 2, 5, 6
Temporary presiding officer ................................................................2
REMARKS
Clerk ............................................... 7-8
Dean of the House...............................................................................24
Former Speaker Bolley L. Johnson................................................24
Presentation by Rep. King..............................................................24
Motion to spread remarks................................................................... 25
Republican Leader ................................................................................. 24
Speaker............................................................................................... 5, 24-25
Presentation by Reps. Davis and Lippman........................................ 5
Speaker pro tempore......................................... ................................. 7
Presentation by Rep. Bloom............................................................. 6-7
RULES OF THE HOUSE
HR 1-Org.; Rules for 1994-1996........................................................ 8-23



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